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HomeMy WebLinkAbout2020-05-26 Work Session & Regular Meeting PacketAGENDA City Council Work Session THE CITY OF Anna Tuesday, May 26, 2020 @ 6:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:30 PM, on May 26, 2020, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. 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. 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- I n-Sheet?bidl d= 3. 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; legal aspects of disaster relief funding; lease agreement 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 4. 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). 5. 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 agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on . Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA THE CITY OF Regular City Council Meeting Anna Tuesday, May 26, 2020 @ 7:30 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on May 26, 2020, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. 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-I n- Sheet?bidld= 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. Governor's Order Regarding Vehicle Registration Grace Period (Police Chief Caponera) b. Proclamation designating May as Mental Health Awareness Month (Police Chief Caponera) C. Proclamation recognizing the third week in May as National Public Works Week. (Public Works Director Greg Peters, P.E.) d. Update on the CARES Act funding opportunity. (City Manager Jim Proce) 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 the City Council Meeting Minutes for May 12, 2020. (City Secretary Carrie Land) b. Review CDC/EDC Joint Special Called Meeting Minutes from the April 9, 2020 Meeting (Economic Development Director Joey Grisham) c. Approve a Resolution approving the Huth Addition, Block A, Lot 1, Minor Plat. (Director of Development Services Ross Altobelli) d. Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to execute a roadway impact fee reimbursement agreement by and between the City of Anna, Texas and Anna Crossing 40PGE, Limited, a Texas Limited Partnership, as shown in exhibit "A" attached hereto, and providing for an effective date. (Director of Public Works Greg Peters, P.E.) e. Approve a Resolution adopting the 2020 City of Anna Strategic Plan. (City Manager Jim Proce) 6. Consider/Discuss/Action on an Ordinance amending Chapter 2 (Administration and Personnel), Article 2.8 (Boards, Committees and Commissions) by adding 2.08.002 (Eligibility). (City Secretary Carrie Smith) 7. A) Conduct a public hearing to consider public comments on a residential replat for Turbyfill Addition, Block A, Lot 1 R & 3. The purpose for the replat is to modify the property boundaries in order to create two lots. (Director of Development Services Ross Altobelli) B) Consider/Discuss/Action on a Resolution approving the Replat, Turbyfill Addition, Block A, Lots 1 R & 3. (Director of Development Services Ross Altobelli) 8. Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. Highway 75 and 691± feet south of future Rosamond Parkway (W CR 370) from Single -Family Residential — Large Lot (SF- E ) to Planned Development -General Business District (PD-C-2) with modified development standards. (Director of Development Services Ross Altobelli) 9. Consider/Discuss/Action upon a request from Frank Joiner to extend the lease agreement for Wells McCoy to operate on property purchased by the City of Anna for the Municipal Complex. (Director of Public Works Greg Peters, P.E.) 10. Consider/Discuss/Action on the selection of a solid waste provider for the City of Anna. (Public Works Director Greg Peters, P.E.) 11. Approve an Ordinance adopting the 2018 Edition of the International Property Maintenance Code and associated amendments (Managing Director of Community Services Ashley Stathatos & Code Compliance Manager Kevin Martin). 12. 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; legal aspects of disaster relief funding; lease agreement 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. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards and Commission Members 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. 13. 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). 14. 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 agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on May 22, 2020. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/26/2020 Governor's Order Regarding Vehicle Registration Grace Period (Police Chief Caponera) SUMMARY: STAFF RECOMMENDATION: THE CITY OF Anna AGENDA ITEM: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 5/26/2020 Proclamation designating Mayas Mental Health Awareness Month (Police Chief Caponera) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Proclamation Upload Date Type 5/21/2020 Presentation Citp of anna, Texo!5 Proclamation MENTAL HEALTH AWARENESS MONTH May 2020 WHEREAS, mental health is essential to everyone's overall health and well-being; and WHEREAS, all Americans face challenges in life that can impact their mental health; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions; and WHEREAS, there are practical tools that all people can use to improve their mental health and increase resiliency; and WHEREAS, mental health conditions are real and prevalent in our nation; and WHEREAS, with effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, each business, school, government agency, healthcare provider, organization and citizen share the burden of mental health problems and has a responsibility to promote mental wellness and support prevention efforts. NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby proclaim the month of May 2020 as: MENTAL HEALTH AWARENESS MONTH As the Mayor, I also call upon the citizens, government agencies, public and private institutions, businesses and schools in the City of Anna, to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. c7n r7mas, where f c7ha77e hemanw set mp hand this 26th dap f Cap 2020 and called this seal to be of ed Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: Item No. 4.c. City Council Agenda Staff Report Meeting Date: 5/26/2020 Proclamation recognizing the third week in May as National Public Works Week. (Public Works Director Greg Peters, P.E.) SUMMARY: Every year National Public Works Week gets bigger and better. The number of participating municipalities continues to grow, which means the number of citizens who are exposed to the value of public works grows. At the American Public Works Association (APWA) one of the main goals is to educate the general public about the value and necessities of public works projects throughout North America, and public works professionals are the best ambassadors of that message. Since 1960, APWA has sponsored National Public Works Week. Across North America, our more than 30,000 members in the U.S. and Canada, and over 700 members in North Texas (and growing) use this week to energize and educate the public on the importance of public works to their daily lives: planning, building, managing and operating at the heart of their local communities to improve everyday quality of life for our neighbors. APWA is proud to announce "The Rhythm of Public Works" as the theme for the 2020 National Public Works Week poster. This year's exciting poster (enclosed on the following pages) challenges our members and their neighbors to think about their communities as a symphony of essential services, working in concert create a great place to live. Every community has a rhythm, a heartbeat that reflects its essence and tempo of life. Public Works' keeps a community's rhythm moving by providing an orchestra of infrastructure services in transportation, water, wastewater, and stormwater treatment, public buildings and spaces, parks, and grounds, emergency management and first response, solid waste, and right- of-way management. Public Works provides the harmony needed for collaboration with all the stakeholders in capital projects, infrastructure solutions, and quality of life services. Despite the COVI D-19 pandemic, let's take this opportunity to celebrate the amazing work of public works personnel throughout North America, North Texas and the City of Anna, Texas. Now more than ever, it is critical to energize and educate the public about the importance of public works —planning, building, managing, and operating at the heart of local communities to improve quality of life each day. This year, APWA recognizes that there may not be any face-to-face public works events during this week, but we believe it's important to remain connected, especially during this time. NOTE: A coloring page is provided for kids to color in and submit to the Public Works Department for the chance to win a prize. Please submit to Greg Peters, Public Works Director. All art work will be displayed at the public works department. Applicants must be an Anna resident and be elementary or middle school aged. Please provide name, age, school, grade and contact info. STAFF RECOMMENDATION: Present proclamation and recognize Public Works staff. ATTACHMENTS: Description Proclamation Coloring Page for Kids NPWW Poster First Responder Upload Date Type 5/21/2020 Presentation 5/16/2020 Staff Report 5/16/2020 Staff Report 5/16/2020 Staff Report 1fIL 0' PUBLIC WORKS NATIONAL PUBLIC WORKS WEEK ntnr 1'-23. -,1Q11 National Public Works Week Proclamation May 17 — 23, 2020 "it Starts Here" WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the neighbors of the City of Anna, Texas; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are recognized as first responders by Homeland Security Presidential Directive 5, who are engineers, managers and employees at all levels of local government and the private sector, who are responsible for rebuilding, improving and protecting our nation's and our city's transportation, water supply, water treatment and solid waste systems, public buildings, vehicles, and other structures and facilities essential for our neighbors; and, WHEREAS, it is in the public interest for our neighbors, civic leaders and our children in the City of Anna, Texas, to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2020 marks the 60th annual National Public Works Week sponsored by the American Public Works Association, be it now, RESOLVED, I, Mayor Nate Pike, do hereby designate the week May 17 — 23, 2020 as National Public Works Week; I urge all neighbors to join with representatives of the American Public Works Association, the North Central Texas Branch of APWA and all regional government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, as first responders, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national and local health, safety, and quality of life. In witness, whereof I have hereunto set my hand this 26th day of May, 2020 and called this seal to be affixed. Nate Pike, Mayor loin the celebration! National Public Works Week - the 3rd week in May every year! !1 THE ♦, OF PUBLIC WORKS NATIONAL PUBLIC WORKS WEEK M _ Y I7-23.2020 PUBLIC WORKS FIRST RESPONDER THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 5/26/2020 Update on the CARES Act funding opportunity. (City Manager Jim Proce) SUMMARY: On May 20, 2020, the City Manager had a second meeting with the Collin County Administrator and all of the City Managers in Collin County. This meeting was held to discuss the processes and guidance on the CARES Act funding being distributed to the cities in Collin County. The City Manager will update the Council and the public on what can be expected with regard to this funding, and had provided a summary herein. The City has provided the required response to the County to secure the funding, which will be wired to the City as soon as the County Judge signs the Inter -local Agreement between the City and the County. The City expects to receive $764,646.10 from the County. This is the prorated portion of the $171 million distribution that was made directly to Collin County from the U.S. Treasury for the CARES Act Funding direct distribution. Attached you find several documents: 1. Collin County RFQ for non -profits service providers. This is to solicit for agencies that will administer the public assistance program that will go live on June 1. The City will not administer this program but is being encouraged to help provide information to neighbors and agencies interested in proposing for these services. 2. CARES Act guidance. This is provided to serve as guidance for acceptable expenditures that can be reimbursed under this program. 3. Collin County ILA. This is the required document signed by the Mayor under the City Declaration of Disaster and Public Health Emergency and the County Judge's Order. The conditions of this ILA were set forth by Collin County under the CARES Act guidance and not negotiable once ordered by the County Judge. Not executing this agreement results in forfeit of the funding allocated. 4. Collin County Judges Order. This is the authority by which the CARES Act funding is being distribution. Other notable guidance includes but is not limited to: - There is no need for cities to do public COVID-19 testing as it is otherwise covered by other efforts overseen by Collin County. The cities are not to provide this service as it is covered by Collin County and will not be funded by the distribution to the cities. - The attached RFQ should be shared with non -profits NOW and all agencies are being requested get it out to those groups in their networks. The successful non -profits will contract with Collin County to implement the public assistance programs. These providers can include churches with existing staff in place to assist if they are successful proposers. This is not intended to be a money maker for these agencies. The cities will not administer the RFQ nor will the cities decide who gets assigned. A single online portal will be built to put on city and county websites and will be available to all Collin County resident on June 1, 2020. People with needs will apply through this portal and not through the city and applications will go to one of the four CDBG cities who will review each case and give cases to a non-profit agency to administer. The cities will not have any administrative duty to this process and will not have information, status, or decisions in these processes. The cities will only refer folks to portal and not to county or the CDBG cities. The cities should NOT give individual grant for housing or food as this program administered by Collin County is intended to cover those gaps. Cities will not be reimbursed for giving out food or housing assistance. - Food pantry funding should NOT be covered by cities. Collin County is handling that process as well. Cities will not be reimbursed for providing funding to food pantries. - Updated FAQS are coming to replace April 22/May 4 documents. These will be provided to all cities as soon as they are available and will have additional details discussed in the meetings As a reminder all CARES Act funding under these programs must be in compliance with criteria as follows: - Costs incurred from March 1 through December 30, 2020 - Not budgeted items - Directly related to COVI D-19 response This funding will enable the city to recover funding for operational expenses incurred as a result of the COVI D-19 expenses and to fund on -going expenses under these stated criteria. Staff has developed a series of checks that exceed the current expenditures practices under the authority of the City Manager. Periodic reports and updates will be provided to the Council to keep everyone informed on the program elements that this funding will reimburse and directly fund. All expenditures will require to be procured and paid for prior to the expiration of the designated periods and will require an expedited approval process. STAFF RECOMMENDATION: No action needed, item is for information only. ATTACHMENTS: Description Collin County RFQ for Public Assistance Agencies CARES Act Guidance Collin County ILA Collin County Judge's Order Upload Date Type 5/20/2020 Staff Report 5/20/2020 Staff Report 5/20/2020 Staff Report 5/20/2020 Staff Report CITY OF ALLEN IV= 1FRISCO !A2 M6KINNEY Plano Lih1 v1 F�,rvY°1rt��ts•�� Unique by nature. COLLI N COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM AGENCY PROVIDERS REQUEST FOR QUALIFICATIONS Application Deadline: Friday, May 22, 2020 11:59 PM REQUEST FOR QUALIFICATIONS COLLIN COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM FY 2020 TABLE OF CONTENTS I. Introduction II. Scope of Service III Budget Appropriations IV. Timeline V. Priorities VI. Definitions VII. Program Eligibility VIII. Proposer's Responsibility IX. Cities' Responsibility X. Instructions to Proposers XI. Proposal Contents XII. Proposal Evaluation and Selection XIII. EHLA Requirements XIV. Records Retention and Audit Requirements XV. Monitoring Reviews XVI. Information on Requests for Qualifications (RFQ) DUE NO LATER THAN 11:59 PM, FRIDAY, MAY 22, 2020 Please submit proposals to: jtieken(a�mckinneytexas.org Ilk ��,o Plano McKINNEY. CITY OF ALLEN - Unique by nature. COLLIN COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM Request for Qualifications I. Introduction The County has received federal funding, from the Department of the Treasury, under the Coronavirus Aid, Relief, and Economic Security Act (hereinafter "CARES ACT") to address and respond to the effects of the COVID-19 public health emergency. Providing emergency housing and living assistance where people have become unemployed or underemployed directly as a result of the COVID-19 public health emergency is an example of an expenditure made necessary by the COVID-19 public health emergency. This program is to provide funding assistance to residents of Collin County in default or near default on the residential lease or mortgage for their housing unit, or in danger of losing their housing unit due to the effects of the COVID-19 public health emergency, and to provide for assistance with utilities and food for families whose income has been disrupted by the COVID-19 public health emergency (hereinafter "Emergency Housing and Living Assistance Program" or "Program"). The first funding release of $30,000,000 will be available June 1, 2020. The cities of Allen, Frisco, McKinney, and Plano ("the Cities") are responsible for overseeing the disbursement of these funds to residents through eligible nonprofits. The Cities are seeking proposals for the Emergency Housing and Living Assistance Program (EHLA), (the "Program"), to provide temporary financial assistance and food services to individuals and families, impacted by the COVID-19 pandemic, who are at risk of becoming homeless EHLA funds are to provide temporary assistance as a bridge to long-term stability. It is important to note that EHLA is not a long-term housing assistance program; and eligible Clients must be at or below 200 percent of Area Median Income (AMI) in Collin County. II. Scope of Service The Cities are requesting proposals from non-profit agencies, including religious organizations, that have three years (3) experience administerincLeither mortgage, rent, or food programs to Collin County residents. Homelessness Prevention and Food Distribution Services may be provided in the following eligible EHLA categories: Financial Assistance: short-term rental, mortgage (excluding property taxes), or utility (excluding municipal bills such as water) assistance. 2. Food Distribution: providing gift cards for food products to eligible Clients. All gift cards must be distributed by November 1, 2020. The Cities may award multiple contracts to Proposers based on the Proposal Evaluation and Request for Proposals Page 2 of 15 Emergency Housing and Living Assistance Program Collin County ;V�� CITY OF ALLEN FRISCO � Pi H"NEY alftO Unique by nature. Selection Criteria as set forth in Attachment A of this (RFQ) will be awarded. The contract period will start no earlier than June 1, 2020, with an ending date of December 30, 2020, or upon completion of program services, whichever occurs first. These funds are not renewable beyond the life of the program. Program participants must be residents of the Collin County and not reside within the City of Dallas. III. BUDGET APPROPRIATIONS There is a total of $45,000,000 available. For the first round of funding, $30,000,000 will be available. If needed, remaining funds will be allocated to the agencies who have shown the most efficient and effective administration of the funds. The following amounts will initially be available in the listed categories. Funds may be reallocated between categories, depending on demand: Mortgage/Rent/Utility Assistance $24,000,000 Direct Service Incurred Expenses — Agencies (reimbursable) Direct Service Provision Costs — $2,610,000 Cities $1,290,000 Food Distribution $2,100, 000 Subtotal $30,000,000 low Grand Total Proposers must submit one proposal detailing a plan for each funding category that will be serviced (Rent/Mortgage, Utility Assistance and Food Distribution) category, along with all of the documents required to be determined responsive. Successful Proposers will be awarded EHLA funds that will provide direct assistance to eligible Clients; with up to 10% of awarded funds to be available for direct program delivery cost, on a reimbursable basis. Staff funded at 100% by EHLA are required to spend and document 100% of their time on EHLA activities. Successful Proposer may not charge fees to EHLA program participants. Successful Proposers must not make payments directly to program participants, but only to third parties, such as landlords, mortgage, or utility companies. Who is not eligible? 1. Households that have already received federal CARES Act money from another agency. Request for Proposals Page 3 of 15 Emergency Housing and Living Assistance Program Collin County fv�� CITY OF ALLEN EMFRISCO H"r,*) iL � Fl t4EY ano Uj o f Erceilence Unique by nature. 2. Families living in units owned by immediate family members. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws. 3. An assisted property may not be owned by the Proposer or the parent, subsidiary of affiliated organization of the Proposer. Financial assistance may not be used to pay for any mortgage cost or costs needed by homeowners to assist with any fees, taxes, or other cost of refinancing a mortgage to make it affordable. IV. 1TJ TIMELINE 5/15/2020 RFQ Published 5/25/2020 Agencies notified of funding decision, pending Council approval 5/19/2020 Final Submittal of RFQ 5/28/2020 Zoom Grant Training 10a — Questions 11:30a 5/20/2020 Pre -Proposal Conference 5/29/2020 Signed contracts due from to assist applicants I agencies 5/22/2020 RFQ Due Date, 11:59 PM 6/10/2020 1 EHLA Contract Starts PRIORITIES The following priorities have been established for the use of the EHLA funds. Residents of Collin County that have suffered a loss of job or income (50%) or more and who are currently behind on their mortgage/rental and/or utility payments Residents living within Collin County with an income of 200% or below of the Area Median Income (AMI) for Collin County as defined within this RFQ. Residents living within Collin County with non -retirement assets of $20,000 or less VI. DEFINITIONS For the purposes of this RFQ, the following underlined terms shall be defined as follows: Persons at Risk of Becoming Homeless (Clientsi: An individual or family currently in housing but at -risk of becoming homeless, due to the effects of the COVID 19 pandemic, in need of temporary mortgage, rent, utility, or food assistance to prevent homelessness Agency _Experience: Minimum of 36 months experience as of January 1, 2020, providing mortgage/rental and/or utility assistance, to persons at risk of becoming homeless. Request for Proposals Page 4 of 15 Emergency Housing and Living Assistance Program Collin County ;Vv� CITY OF ALLEN FRISCO Cl) ,I— Plano McKINNEYko (,)'hj o f &Mleaiee Unique by nature. Cities: The cities of Allen, Frisco, McKinney, and Plano, Texas, municipal corporations of Collin County, Texas, acting by and through (a) its governing body, or (b) its City Manager, each of whom is required by law to perform specific duties. Responsibility for final enforcement of contracts involving the Collin County is by authority vested in the City Manager. Contract: The written document between the Cities and a service provider, which contains the terms and conditions of the agreement. The Contract includes a written statement of work, or the specifications including special provisions and the proposal. Supplemental changes or agreements pertaining to the work, term, price or other elements of the Contract shall also become a part of the Contract. EHLA: Emergency Housing and Living Assistance Program funded by federal funds under the Collin County CARES Act Housing Programs funding — U.S. Department of Treasury. Household Income: Individuals or household must be at or below 200% of Area Median Income. It is the Proposer's responsibility to verify participant's income eligibility according to the Income Limits placed below. FY 2020 1 2 3 4 5 6 7 8 Income Limit PERSON PERSON PERSON PERSON PERSON PERSON PERSON PERSON Category 200% of Collin County 2020 $120,800 $138,000 $155,200 $172,400 $186,200 $200,000 $213,800 $227,600 Area Median Income Maximum Proposal: The written proposal duly submitted to the Cities, by the person, persons, partnership, company, firm, association, or corporation to perform a contract for work described in the RFQ specifications at a specified price. Proposer: The person, persons, partnership, company, firm, association, or corporation that submits a written proposal for consideration to perform the work described in the RFQ. Program: Emergency Housing and Living Assistance Program RFQ: Request for Qualifications. Responsive: An agency who has submitted a proposal which conforms in all material aspects to the requirements stated in the RFQ. Request for Proposals Page 5 of 15 Emergency Housing and Living Assistance Program Collin County r*111) as -'� jo Plano h�cKINNEY OPj o f F-weilence CITY OF ALLEN .---, Unique by nature. VII. PROGRAM ELIGIBILITY It is not expected that all program participants will experience the same level of need or receive the same level of support. In order to receive EHLA services, individuals and families must meet the following minimum criteria: • Individual or household must have an initial consultation, in person or remotely, with a case manager or authorized representative who can determine the appropriate level of assistance. • Individual or household must be at or below 200% of Area Median Income (AMI) for Collin County, as provided in this RFQ. • Individual or household must provide proof of non -retirement assets of less than $20,000. • Individual or household must provide documentation of a reduction in financial resources, of 50% or greater, due to the COVID-19 as of March 1, 2020 and the status of the late rent/ mortgage or utility bills. Vill. PROPOSER'S RESPONSIBILITY A. Data Collection and Reporting Requirements The Proposer must maintain Client data and documentation of the event that caused the household's income to be reduced due to the COVID-19 Pandemic at time entry into the Collin County EHLA Program. Agencies that assist Clients prior to obtaining the required program documentation will be required to repay EHLA funds provided to the Client. Proposers must submit monthly reports to the Cities using the Collin County EHLA Monthly Report Form five business days after the month's end via Zoom Grants. B. Client Intake/Case Management The Proposer must interview and verify qualifications and experience of the case manager or case managers. The Proposer must also supervise the case manager. Case managers must ensure that Clients are: • Evaluated and assessed for needs • Providing appropriate verification that the Client lives within Collin County and not within the City of Dallas • Referred to other agencies to provide wrap -around social services Case manager must obtain/secure all documentation necessary to prove the event that occurred during COVID-19 that has caused the reduction in income, verification of Request for Proposals Page 6 of 15 Emergency Housing and Living Assistance Program Collin County H&INNEY planar cin�f;vct,l'i 11t.� CITY OF ALLEN Unique by nature. rent/mortgage/utility assistance due, income eligibility, and a verification of non - retirement assets of program participants. Successful Proposer must identify case managers at least one (1) week prior to the beginning of the EHLA contract term. Selected candidates must be able to begin work on June 10, 2020. IX. CITIES' RESPONSIBILITY The Cities will provide technical assistance to successful Proposer on local requirements. Funds for mortgage, rental and utility assistance will be granted 50% at contract signing, with the remaining dispersed upon the completion of expenditures of initial funding. The direct costs of program delivery (10%) will be disbursed on a reimbursable basis. The Cities will pay Proposer on a cost reimbursement basis for eligible activities. Support documentation for expenses associated with the activity, and Collin County Monthly EHLA report must be submitted. • The Cities will provide the necessary forms for Clients to complete electronically and to report on Clients assisted with EHLA funds. • To encourage Accountability the Cities will monitor, at a minimum monthly, successful Proposer's collection of eligibility documentation. To encourage Transparency the Cities staff will require Proposer (appropriate staff) to attend meetings as needed. • To ensure both Accountability and Transparency Cities will closely monitor successful Proposer's data collection, documentation of selection process, and documentation of how funding decisions were made. X. INSTRUCTIONS TO PROPOSERS Proposers must have sufficient finances and resources to provide the services requested in the RFQ. Costs directly related to the implementation of the grant, including case manager's salaries and benefits, will be reimbursed at an amount not to exceed 10% of the grant amount (direct services provided). All other funds must be expended directly to benefit the Client. All costs must be clearly identified in the Proposal. All Proposers must be able to legally conduct business in the state of Texas. This section, "Instructions to Proposers", outlines the general conditions under which the Proposal shall be made as well as instructions on how to prepare and submit the Proposal to the City. It also outlines the procedure that will be followed in selecting the successful Proposals and in completing a contract award. Request for Proposals Page 7 of 15 Emergency Housing and Living Assistance Program Collin County HKINNEY Plano j ofErciitc CITY OF ALLEN Unique by nature. A. Eligible Activities For the purposes of this RFQ, EHLA funds will be utilized for the provision of (1) financial assistance and (2) distribution of food gift cards. Agencies that receive EHLA funds will be not required to provide a dollar -for -dollar match. No match is required. EHLA grant amounts may be used for one or more of the following activities: 1. Financial Assistance Financial assistance is limited to the following activities: short-term rental and mortgage assistance, utility payments (excluding municipal services such as water), food distribution. Assisted property may not be owned by the sub grantee or the parent, subsidiary or affiliated organization of the sub grantee. Short-term rental/mortgage, utility and food assistance may not exceed a period of 4 months with a maximum award of $2,500 per month, not to exceed $10,000 provided per Household. Initial funding cannot exceed three (3) months of documented expenses, not to exceed $2,500 per month or $7,500 total. Subsequent assistance may be given. No participant may receive more than 4 months of total assistance or $10,000, whichever is less. NO MORE THAN $10,000 MAY BE PROVIDED TO A HOUSEHOLD, REGARDLESS OF ELIGIBILITY IN ALL THREE ASSISTANCE CATEGORIES. Staff salaries for staff providing any of the services identified in the Financial Assistance category may be charged to this category. Timesheets must be kept to account for time spent in this category. Direct Program costs, including staff salaries and benefits, and may not exceed 10% of Direct Services provide to Clients and must be approved by the Cities, on a reimbursable basis. 2. Food Assistance Food assistance may be provided in the form of food vouchers from a food pantry or store in the amount of not more than $50 per person or $200 per week for up to eight (8) weeks B. Ineligible Activities Ineligible activities include, but are not limited to, direct payment to individuals, financial assistance or services to pay for expenses that are available through other CARES Act programs, including childcare and employment training. Funds may not be used to pay Request for Proposals Page 6 of 15 Emergency Housing and Living Assistance Program Collin County �!1 CITY OF ALLEN FRISCO 1` � � Pi�n� h�'f�1�INNEY aihj Of Erceiience Unique by nature. for construction or rehabilitation; credit card bills or other consumer debt; car repair or other transportation costs; travel costs; medical or dental care or medicines; clothing and grooming; home furnishings; pet care; entertainment activities; work or education related materials; and cash assistance to program participants. Funds may not be used to develop discharge -planning program in mainstream institutions such as hospitals, jails, or prisons. Funds may not be used to pay for certifications, licenses, and general training classes. Programs may not charge fees to EHLA program participants. All funds (checks, no cash) must be issued to a third party, such as a landlord or utility company. EHLA funds shall not be utilized for direct payments to individuals; to support inherently religious activities such as worship or religious instruction; or to rehabilitate or repair buildings such as sanctuaries, chapels, and other rooms that a congregation uses as its principal place of worship. EHLA funds shall not be used for application for Federal funds or un-programmed funds. EHLA funds shall not be used for recruitment or on -going training of staff, depreciation, advertisement, entertainment, conferences, or retreat, public relations, advertising, bad debts/late fees, or mortgage payments of the subrecipient organization. XI. PROPOSAL CONTENTS All responses to the RFQ will be submitted electronically to itiekenCb.mckinneytexas.org/EHLA by 11:59 P.M. on Friday, May 22, 2020 and will include the following information: A. Required Information and Attachments 1. General Information 1.1 Complete Organization Information, Form 1. 1.2 A copy of 2018 tax return (990) to prove non-profit status. 2. Organization History and Experience Narrative Provide a clear and concise description of your Organization and relevant experience providing program services as of January 1, 2020 as defined in Section V. 2.1 Summarize the history and purpose of the Organization to include the number of years in service. Organization must have at least thirty-six (36) months of prior experience in providing the services requested in this RFQ. 2.2 Spotlight past experience and performance on projects similar to the proposed Request for Proposals Page 9 of 15 Emergency Housing and Living Assistance Program Collin County &Th McKINNEY o Plano - ' k My of &eileiee CITY OF ALLEN Unique by nature. project to be undertaken by this RFQ. 2.3 Describe any participation with the Cities on past or present contracts (if applicable) 2.4 Provide names and/or position titles of persons responsible for administration of this grant. 2.5 Provide proof that the agency is able to comply with the proposed or required delivery of data and services. 3. Qualifications, Staffing and Licensing Include information on current staff size and the educational background and work experience of key program and administrative management staff. State the qualifications of staff members who will carry out the operations of the Program. If staff positions need to be filled, explain when and how they will be filled. Staff funded at 100% by this Program can work only with EHLA Clients and must maintain a timesheet that document and substantiate work performed. Staff funded at less that 100%, must document the number of hours actually worked on the program or the agency must have a cost allocation plan in place to distribute expenses among various funding sources. 4. Plan 4.1 Describe how your organization will make decisions on program participation and funding. 4.2. Describe how your organization will perform in administering the EHLA services and in meeting the purpose of the EHLA funds. Describe how the effectiveness of program operations and assistance rendered to program participants will be evaluated. Describe how often the evaluation will occur and how data will be used to make improvements to the EHLA program. 4.3. Describe your organization's capacity and experience that will enable you to effectively operate the EHLA funded program. Also, explain why the proposed application should be funded. 4.4. Agency must demonstrate ability to serve at least ten (10) families during the grant period 5. Program Budget Complete budget for EHLA funds, including all funding sources. 6. Other Funding Sources Request for Proposals Page 10 of 15 Emergency Housing and Living Assistance Program Collin County lv�� CITY OF ALLEN -I'.0� ,q� 7FRISCOim 0 MEN, �111111 Q, % I M KINNEY Unique by nature. 4& &� Aaflo Identify all other funding source(s) dedicated to the Program and tell whether those funds are committed. Other funding sources dedicated to the Program should be sufficient to cover the cost of the Program not proposed to be paid by the Cities funding in the Program Budget. Also, identify the use of any volunteers and how they will be solicited and trained. 7. Financial Statements Include copy of financial statements for the current fiscal year including the most recent quarter preceding the Proposer's submission in response to this RFQ. 8. Coordination of Efforts 8.1 Describe what types of services your organization will coordinate with other service providers to meet the various needs of persons to be served with EHLA funds. 8.2 Please list which zip codes in the County that your agency primarily serves. (See Zip Code Attachment) XII. PROPOSAL EVALUATION AND SELECTION The Cities will conduct a comprehensive, fair and impartial evaluation of all responsive proposals received in response to this RFQ. Each proposal received will be analyzed to determine overall responsiveness and completeness to the RFQ as defined in Section XI, Proposal Contents. A. Proposal Evaluation Each Proposal will be reviewed using the Responsiveness Checklist (Attachment B). A proposal may be declared non -responsive if any of the items listed on the Responsiveness Checklist are not received, a standard which the Cities believe necessary to accomplish the goal in the procurement of services requested in this RFQ. If more than one proposal is responsive, the committee will evaluate each proposal according to the attached proposal evaluation sheet (Attachment A) and develop an overall ranking. B. Proposal Selection The Cities may determine that zoom meetings or conference calls are required to make proposal selections. Award, if any, shall be to the responsible Proposer, whose Proposal most demonstrates administrative capacity. Request for Proposals Page 11 of 15 Emergency Housing and Living Assistance Program Collin County FRISCO CITY OF ALLEN Pi Mll6KINNEY all ftj of F-rcellence Unique by nature. Contract award is subject to approval and funding by the Cities. The Cities reserve the right to begin contract negotiation with one or more of the finalists. The Proposer shall be required to execute a contract prepared by the City Attorney's Office. This RFQ does not commit the City to award any contract, and the City reserves the right to reject any and all Proposals or waive irregularities. XIII. EHLA REQUIREMENTS Proposer understands that the successful Proposer will be provided funding under the contract with EHLA funds received from Collin County and agrees to comply with all applicable city, state, and federal laws, EHLA regulations and all other regulations as determined by the Cities. XIV. RECORDS RETENTION AND AUDIT REQUIREMENTS The successful Proposer shall comply with the audit requirements set forth below. During the term of the contractual agreement and for a period of three (3) years following termination of the contract or until completion of any litigations, claims or audits, whichever is later, Proposer agrees to provide the Cities and Collin County or any of their duly authorized representatives, with access to all books accounts, records, reports, files and other papers or property. The Cities may, at its sole discretion, request repayment of funds to the Proposer or sub grantee pending receipt and acceptance of required reports. XV. MONITORING REVIEWS The Cities will conduct at minimum monthly monitoring reviews of the successful Proposer's program and fiscal operations in accordance with the Cities Compliance and Evaluation Guidelines. XVI. INFORMATION ON REQUEST -FOR QUALIFICATIONS(RFQ) A. Pre -proposal and Informational Conferences The City shall hold a virtual, pre -proposal, informational conference with potential Proposers concerning our requirements. Be advised, however, that verbal agreements or representations are not binding on the city and official statements are required to be handled as set forth in Section XVI.B below. B. Questions about the Request for Qualifications and Related Issues Request for Proposals Page f 2 of 15 Emergency Housing and Living Assistance Program Collin County 17�w� CITY OF ALLEN ::FRISCO ra McKINNEY Unique by nature. 'o Plano 0P) 0fETCe11(,ri1'i' During your review of the RFQ and preparation of proposals, Proposers may discover certain errors, omissions or ambiguities. If this is the case, or if the meaning of any part of this RFQ is unclear, Proposer must submit questions to the Cities via email eiones2cityofallen.org via phone 214-509-4176 by May 19, 2020 at 5:00 P.M. to allow the Cities to answer the questions and distribute written responses to all Proposers before the said opening date and time. If the Proposer does not ask questions or clarify any assumptions, the Cities will assume Proposer understands the Cities' requirements and that the Proposer's offering will meet those needs. Do not rely on oral instructions or clarifications. The Cities official position will be issued in writing. Reviewing of Proposals All proposals must be submitted via email to jtieken@mckinneytexas.org/EHLA no later than 11:59 P.M. on Friday, May 22, 2020 C. Late Proposals Late Proposals will not be accepted. After submission and before contract signing, proposals may be withdrawn with written notification to: jtieken@mckinneytexas.org. D. Selection of Reasonably Qualified Proposals The Cities will review proposals submitted by all Proposers. On the basis of the evaluation factors listed in Proposal Contents, Sections XI., and Proposal Evaluation (Attachment A) and Selection, Section XII., the Cities will recommend which Proposal(s) is reasonably qualified for the award of the contract. The Cities may, at any time, investigate a Proposer's ability to perform the work. The Cities may ask for additional information about an organization and its work on previous contracts. Proposers may choose not to submit information in response to the Cities' requests; however, if failure to submit such information does not satisfy the Cities' questions concerning the ability to perform, the Cities may discontinue further consideration of a particular proposal. The Cities would typically be interested in previous experience in performing similar or comparable work; staffing and personnel turnover; financial statement of resources for current and past periods; and other relevant information. Please be aware that the Cities may use sources of information not supplied by the Proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization, current or past suppliers, and media reports, articles from industry newsletters or other publications or from non -published sources made available to the Cities. Request for Proposals Page 13 of 15 Emergency Housing and Living Assistance Program Collin County - ' Plano - I McKINNEY t' � � �'b,nf Fti•,�aiim�ro CITY OF ALLEN Unique by nature. 1. Discussions with Reasonably Qualified Proposers After selection of a reasonably qualified Proposer(s), the Cities may enter into discussions with the Proposer(s). Discussions will be on an individual basis and closed to third parties and other Proposer(s). The Cities will review in detail all Proposal. During this review, the submitted, prior to finalizing a contract 2. Best and Final Offers aspects of the City's requirements and the City may request revisions to the Proposal The Cities will require the Proposer to sign the necessary contract documents prepared by the City Attorney's Office, which includes the contract, and Performance and Payment Bonds, if required, and provide evidence of insurance as required under the contract documents. No work shall commence until the contract documents are signed. No contract shall be binding on the Cities until it has been approved as to form by their respective City Attorney and executed by the City Manager. Further, no contract for this project may be signed by the Cities without the authorization of the City Manager or the City Council. Until the proposal review date, the Cities official representative is the Janav Tieken, itieken(dmckinneytexas.orp. After the proposal review date, the Cities will determine who the primary point of contact will be for the specific contract. 3. Confidentiality In accordance with state law, Proposals shall be evaluated so as to avoid disclosure of contents to competing Proposers and shall be kept secret and confidential during the negotiation process. All proposals submitted for this RFQ shall be open for public inspection after contract award. 4. Disqualification of Proposers Proposers may be disqualified for any of the following reasons: (a) Lack of administrative capacity or experience to manage the grant (b) Reason to believe collusion exists among the Proposers; (c) The Proposer is involved in any litigation against the Collin County; Request for Proposals Page 14 of 15 Emergency Housing and Living Assistance Program Collin County rv��� CITY OF ALLEN 01, a �A 0 0 a 7FRISCO MCKINNEY Unique by nature. Pi an (d) The Proposer is or has been noncompliant on a current or prior contract with the Cities; (e) Lack of financial stability; or (f) Reason to believe a conflict of interest exists Request for Proposals Page 15 of 15 Emergency Housing and Living Assistance Program Collin County Emergency Housing and Living Assistance (ELHA) Program FAQs Rental/Mortgage/Utility Assistance of $30M for Eviction/Foreclosure Prevention for the Residents of Collin County CRITERIA FOR RENTAL, MORTGAGE AND UTILITY ASSISTANCE • Rental, mortgage and utility assistance for expenses incurred after March 1, 2020. Payment made directly to landlord/bank or utility company • Residents will be able to apply online and will be assigned to a nonprofit, based on their zipcode ■ The application will be on the City's website on June 1, 2020 • The program is NOT first -come, first -serve. The program runs through December 1, 2020 • Document hardship o Unemployment verification o Last three paystubs —after March 1, 2020 —documenting a minimum 50% decrease in pay o Furlough letter • Document income — 200% of AMI maximum. (Based on Census data) • Asset test - $20k or less in non -retirement assets • Personal Identification —TDL, Social security, passport or other official document • Resident of Collin County • Document mortgage and rental expenses • Maximum award of $2,500 per month, not to exceed four (4) months of assistance or $10,000 whichever is less • Three (3) months of assistance is the most that can be allocated to one household, at one time. If additional assistance is required, the household will need to verify that they still need assistance and meet the criteria CRITERIA FOR FOOD ASSISTANCE • Gift cards for the purchase of food will be distributed to Collin County residents, via selected nonprofits • Funding will be allocated $50 per week for each member of the household not to exceed $800 total per household, per month ■ Gift cards for the purchase of food will be included in the $2,500 per month/$10,000 total assistance amount PROCESS • Application and award of assistance o Residents will apply via web based application o Applications/clients will be assigned to nonprofits via zip code o "Participating" nonprofits will review documentation, process applications and will approve or deny payment CITY OF ALLEN WKINNEY Unique by nature. alk Plan 1 Ciiy of Excellence FY 2020 1 2 3 4 5 6 7 8 Income Limit PERSON PERSON PERSON PERSON PERSON PERSON PERSON PERSON Category 200% of Collin County 2020 $120,800 $138,000 $155,200 $172,400 $186,200 $200,000 $213,800 $227,600 Area Median Income Maximum CITY OF ALLEN ::FRISCO MCKINNE'Ir Unique by nature. o Plano City of Excellence Form 1 COLLIN COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM REQUEST FOR QUALIFICATIONS ORGANIZATION INFORMATION 1. Legal Name of Organization: Mailing Address (if different from physical address): CONTACT PERSON: PHONE: TITLE: E-Mail: FAX: 2. PROGRAM TITLE: 3. APPLICANT'S ORGANIZATIONAL STRUCTURE: (Check applicable box) ❑ Public Agency ❑ Private, Non-profit ❑ Private, For -profit ❑ Partnership or Joint Venture ❑ Other: Organization Federal Tax ID Number: 3a. SAMS Number: DUNS Number: (Agency not required to have items under 3a. but will be expected to complete, if awarded funding.) 4. AGENCY APPROVAL: By signing below, Authorized Signature certifies that Organization has read the entire RFQ and provided true and correct information in Organization's Proposal submission. The signer of this form certifies that he/she is authorized to bind the Organization. Date Signature of Authorized Individual Typed Name and Title of Authorized Individual 5. Attach copy of IRS letter of 2018 Tax Return (990) Issue Date: 5/14/20 Collin County Emergency Housing and Living Assistance Program - FORM 2 AGENCY NAME: 5 Month Cost Allocation Three Year Cost Category Total Program Cost Requested from City Other Sources Total $ Amount % $ Amount % Case Manager/Direct Service Delive Staff *Case Manager/Direct Salaries/Benefits # Positions Requested { } $ - y; - $ - Subtotal S - Financial Assistance Rent and Mortgage Assistance $ - $ - $ - Utility Payments $ - $ - $ - Food Distribution $ - $ - $ - Subtotal $ - Grand Total $ - $ - $ - (*) Attach schedule listing positions & staff individually and attach job descriptions that are included in the proposal budget. Issue Date: 5/14/20 PlanoMcKINNEY City of �� CITY OF ALLEN ItIlIMUnique by nature. Attachment A REQUEST FOR QUALIFICATIONS COLLIN COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM Proposal and Evaluation Criteria - Evaluation Sheet Type of assistance willing to distribute: (Select): Housing Assistance Utility Assistance Food Distribution SECTION I. PROPOSER INFORMATION (Completed by Applicant ONLY) Name of Proposer: Address: Contact Person: Email Address Telephone: Proposal Amount: No. of persons to be served: Cost per person to be served: No. of Case Managers Proposed: SECTION II. REVIEWER: Please rank the Proposal in each of the categories below. The maximum points available for each category and section are shown. Please fill in your score for each category/section and explain your point determination in the Comments Section. ORGANIZATION HISTORY AND EXPERIENCE Proposer provided a description of the services provided by the agency. 5 Proposer provided a history of the agency. 5 Proposer provided information on experience with any member of the "Cities" in past or present contracts 5 Proposer provided a description of experience on similar projects. 5 Total Points 20 Note: Any missing information receives no points Comments: Attachment A — EHLA Proposal Evaluation and Selection Criteria Page 1 of 3 QUALIFICATIONS, STAFFING, AND LICENSING Describe your organization's capacity and experience that will enable you to 20 effectively operate the EHLA funded program. Proposer has sufficient service staff to carry out program services with added 15 case worker. Proposer indicated that case management will be provided by one (1) or more 10 Full-time caseworkers and at least three (3) years of experience providing case management. Proposer indicated that case management will be provided by one (1) or more 8 full-time caseworkers and at least two (2) years of experience providing case management. iProposer indicated that case management will be provided by one (1) or more 7 full-time caseworkers and one (1) year of experience providing case management. (Proposer has sufficient administrative staff to support the program. 5 Total Points 65 Note: Any missing information receives no points Comments: WORK PLAN Describe how your organization will perform in administering the EHLA services 10 and in meeting the purpose of the EHLA funds. Describe how the effectiveness of program operations and assistance rendered 10 to program participants will be evaluated. Describe how often the evaluation will occur and how data will be used to make 10 improvements to the EHLA program. Describe your organization's capacity and experience that will enable you to 15 effectively operate the EHLA funded program. Identify all other funding source(s) dedicated to the Program and tell whether 10 those funds are committed. Provided key partners that will assist in the success of the project and their 5 role(s). Included the use of any volunteers and how they will be solicited and trained. Work Plan is sound and reasonable. 20 Total Points 105 Rating Guide Below - Note: Any missing information receives no points Comments: Needs Improvement (0%-59%) Adequate (60% - 79%) Exemplary (80% or above) 0-62 points 63-83 points 84-105 points • Proposed program does not meet • Proposed program generally ■ Proposed program meets the purpose the purpose of EHLA meets the purpose of EHLA of EHLA • Program description is not clear Program description is vague 0 Program is well defined and provides and/or is incomplete and lacks detail detailed information • The integration of social The integration of social 0 The integration of social service components and main service components and main service components and main stream stream resources is unclear stream resources is discussed resources is clear and meets the but is too general purpose of EHLA • Proposed plan for service delivery is unclear Proposed plan for service Proposed plan for service delivery is delivery is clear but does not clear and meets the purpose of EHLA • Program objectives and activities meet the purpose of EHLA are not discussed Attachment A — EHLA Evaluation Criteria Page 2 of 3 ABILITY TO PERFORM SERVICES: BUDGET, FINANCIAL STATEMENTS AND FUNDING SOURCES Proposer provided detailed operating budget for the Program in the format 5 specified in the RFQ, budget details how funds will be spent, and budget appears reasonable for the Program. Proposer provided detailed listing of all funding sources for the Program, and 5 Proposer has funding needed to operate the Program. Proposer provided current financial statements (unaudited) for the most recent 5 Fiscal Year and the most recent quarter preceding this RFQ, and they are positive indicator that agency is financially able to perform the services. Total Points 15 Note: Any missing information receives no points Comments: OVERALL QUALITY OF PROPOSAL Proposal was legible, single-spaced, and was easy to read (e.g., headings). 1 Proposal included all information outlined in the RFQ. 1 Proposal and attachments followed the format specified in the RFQ. 1 Information was consistent throughout the Proposal. 1 Program description was presented with clarity and conciseness. 1 Total Points 1 5 Comments: SUMMARY (indicate points awarded in each category above and total points for this proposal) Organization History and Experience 20 Qualifications, Staffing, and Licensing 65 Work and Evaluation Plan 80 Ability to Perform Services 15 Overall Quality of Proposal 5 TOTAL POINTS AWARDED 185 Reviewer Signature: Date: Attachment A — EHLA Proposal Evaluation and Selection Criteria Page 3 of 3 fv�� CITY OF ALLEN H IK NNEY Unique by nature. &r,' Plano ■ CyJq i"Va' Iertee Attachment B REQUEST FOR QUALIFICATIONS COLLIN COUNTY EMERGENCY HOUSING AND LIVING ASSISTANCE PROGRAM Responsiveness Checklist Name of Project: Your Request for Qualification (RFQ) will be reviewed for responsiveness. Please complete this form with signature and date and submit with your proposal. To be considered responsive, all of the following items must be included in the RFQ. If an RFQ does not contain any one of these items, it will be considered to be non -responsive, and will not be given consideration for funding. The Applicant will be notified of that determination in writing. Proposers are strongly encouraged to review the list below and the RFQ requirements, to ensure that the Proposal includes each of these items. Name of Proposer: Description of Item Yes or No Forms 1 -Organization Information 2018 Tax Return 990 Organization History and Experience Narrative (evidencing at least 36 months of experience in assisting homeless or those at -risk of being homeless) Names and/or position titles of persons responsible for administration of this grant. Work Plan Program Budget (Form 2) List of Funding Sources ($5,000 +) Current financial statements (most recent quarter and YTD) Attachment A — Proposal Evaluation Criteria — Section 1 Completed by Applicant Attachment B — Responsive Checklist Attachment — Zip Codes This Proposal is: [ ] Responsive [ ] Non -responsive Staff Signature: Date: Attachment B Plano City of Excellence Collin County Zip Codes & Cities Grayson U� 6258 ,634 75078 25, 800 75033 43, 206 75034 73, 576 75058 3, 556 75035 71, 535 ■ Weston Van FOXO Alstyne + 75454 F0 1, 7s� A.J 4 � NZwH*6pe Blue R McKinney Pri ceto , Lv}wry Crossing coil In F irView L Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments April 22, 2020 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund") and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that- 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.' The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred "due to" the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second -order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be "necessary." The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost 1 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 A cost is "incurred" when the responsible unit of government has expended funds to cover the cost. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: 1. Medical expenses such as: • COVID-19-related expenses of public hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. • Emergency medical response expenses, including emergency medical transportation, related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID- 1 9-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 2 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID- 1 9-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a State, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Nonexclusive examples of ineligible expenditureS2 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.3 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 2 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 'See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 4 INTERLOCAL COOPERATION AGREEMENT [MUNICIPAL DIRECT EXPENSE FUNDING] As provided for by Chapter 791 of the Texas Government Code, this Interlocal Cooperation Agreement ("Agreement") is entered into by and between Collin County, Texas (hereinafter "County") and the City of Anna, Texas (hereinafter "City") under the County's Emergency Program for Direct Costs Expended by Municipalities located in Collin County to address and respond to COVID49. l . Program Description. The County has received federal funding under the Coronavirus Aid, Relief, and Economic Security Act (hereinafter "CARES ACT") to address and respond to the effects of the COVID49 emergency. Assisting municipalities within the County in recovering their costs directly incurred in responding to the COVID-19 emergency is a legitimate and lawful use of the CARES ACT funding. 2. Incorporation of Program. The Order of the Collin County, Texas Commissioners Court establishing a COVID49 Emergency Program for Direct Costs Expended by Municipalities located in Collin County to Address and Respond to COVID49 (hereinafter "Direct Costs Program") is attached hereto and incorporated by reference herein. 3. Grant and Funding to City. Subject to the terms and conditions of this Agreement, the County agrees to grant and transfer to the City the sum of $764,646.10 of its CARES ACT funding ("Municipal Funds"). The City agrees to deposit these Municipal Funds into a separate, segregated account created solely for holding and dispersing these Municipal Funds. The account must be an interest -bearing account and similarly insured and protected as the City's other funds. 4. Use of Municipal Funds. The City may use its Municipal Funds for reimbursing itself for C0VID-19 expenditures already paid and incurred, and for expenditures to assist it with its ongoing responses to COVID49 as detailed in the CARES ACT, the Direct Costs Program and this Agreement. Municipal Funds may be used for all expenditures that municipalities are eligible to recover under the CARES ACT as described under said Act and the U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments as applies to municipalities. Payments for the performance of governmental functions or services shall be made from current revenues available to the paying party. 5. Ci 's Obligations relating to its Use of the Municipal Funds. The City agrees to: a) only use the Municipal Funds in compliance with this Agreement and for eligible expenditures related to the COVID-19 emergency; b) reimburse and return to the Municipal Funds account within thirty days any portion of the Municipal Funds that the County, the U.S. Department of Treasury, or their designee, deems were not used for COVID49 purposes, or not used pursuant to the terms of this Agreement, or if the City's Municipal Funds account is already closed out, the reimbursement and return of the ineligible expenditure shall be made to the County; c) document and justify that each expenditure from its Municipal Funds was an eligible expenditure under this Agreement and the CARES ACT. All documentation shall be delivered to the County no later than January 15, 2021, and shall be kept by the City for a minimum of four years from the close of the Direct Costs Program; 1 d) allow inspection of all documentation and records related to its expenditure of its Municipal Funds by the County or the U.S. Department of Treasury upon reasonable request; e) use the Municipal Funds only for eligible expenditures made between March 1, 2020 and 11:59 p.m., December 30, 2020; f) return and re -pay wn thirty days to the County any Municipal Funds not expended by 11:59 p.m., December 30, 2020; g) acknowledge and recognize that the source of these Municipal Funds is Collin County and its CARES ACT allocation for any public programs or initiatives using these Municipal Funds; h) coordinate with the County any public programs or initiatives so that no duplication of services, initiatives or programs occurs; and i) impose similar terms and conditions upon any sub -recipient of its Municipal Funds. 6. Re orts. The City shall provide periodic reports relating to the use of the Municipal Funds as requested or required by the County. 7. Eli ig bility Issues. If the City is not sure that an expenditure will qualify, it should seek an opinion from its City Attorney prior to making the expenditure. 8. Nature of Funding. The CARES ACT funding is being received from the County to the City as a sub -recipient. As a sub -recipient of CARES ACT funding the City acknowledges that its use of the funds is subject to the same terms and conditions as the County's use of such funds. The City hereby agrees to comply with all terms and conditions of the CARES ACT funding, and to hold the County harmless against any repayments, penalties, or interest incurred as a result of the City's failure to comply with all terms and conditions of the CARES ACT funding. Funds spent in non-compliance with the CARES ACT are subject to recapture by the County for return to the Direct Costs Program or for return to the U.S. Treasury Department. 9. Attorneys Fees and Costs. In accordance with the Program, the County shall be entitled to recover its reasonable and necessary attorneys fees and costs against the City if it is required to undertake litigation to enforce the terms of this Agreement to the extent allowed by law. 10. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. Venue of any dispute shall be in a court of competent jurisdiction in Collin County, Texas, 11. No Assignment. The City may not assign this Agreement. 12. Entire Agreement. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives, receivers, executors, successors, agents and assigns. 13. Amendment. Any Amendment of this Agreement must be by written instrument dated and signed by both parties. 14. Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 15. Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. 16. Signature Authority. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. COLLIN COUNTY, TEXAS By: Chris Hill, County Judge Date Attest: County Clerk CITY OF ANNA, By: Nate Pike, Printed Name Printed Title May 18, 2020 Date Attest: City Secretary 3 0 o m o0 00 o rn �o m �t rn r\ o 0o m m o N oo �� O O m Ol l0 m lD Ln M Ln 00 r-I M tV .-i RzIm W m LO m p 0 ri qt Ln ri Ln �l O �D m o m w %Zt r\ m c O m w d n m Ln m w w m of jt r-i Ln m mwzf Ql Zt r� p O Ql 00 w r-r O M Ln 00 Ln Ql 00 l0 LO 00 N al 00 00 m Ct p O ri N 00 d' m ri 00 m lD O d' d' qzlm 00 r-I m w d' 00 l0 C p ri O w N d' w d' � Ln w N CO ri Ol N N r� 00 Ql d p O c I r-i N N m d Ln lD w r� r� al O �t tzt m n O O p ri N N Ln W o w Ln O N mqzt Ln r� Ql N M M d' Ln 00 N 00 Ql 00 w N c-I O o o o o 0 0 0 V-4 rl rl ri rJ ri N d' d O m O N 0 D O O O O O o o o o o o 0 0 0 0 o H ri N m o o O O O O O O O O o O O O O O o O O O o ri hD C .a C O LL N c-I � Ln Ol N O lD rl N Ln M M O d' Ln Ln n O Ql O O N M ct d r� M c I M M M W N W W r� Ln N O O . 0 . 0 . 0 . 0 . 0 . 0 . 0 . ri . cI . cI . rI . rI . ri . N . d . d . O . m . O . N . p c-I ri N M O t-1 C 00 Ol Ln c-I l0 ri � Ql N c-I c-I Ql N M Ln N l0 Ln N Ql L1'1 O d' m 00 O d' r-r O O r-r Ql CO a0 m O Ol 00 lfl N �t Ln r-I N M%ZIM d (a0 00 O N N M M l0 O It Kt 00 d' ct mICT c-I c-I c-I c-I c-I r i N d' d' m N 00 m ri CL c-i c-1 N m O a v fp U L Ul Z N cn Lam cn 0 N Q Q m N O (0 (0 7 (O c 41 (0 L C cc L y_ cc O U 0 LL J d J V) G U LL d Q G 0.cr. Q LL G tl FEES State of Texas Collin County Commissioners Court 0 Court Order 2020-401-05-11 An order of the Collin County Commissioners Court adopting a program for direct costs expended by municipalities to address and respond to covid-19 public health emergency. 1. Purpose. Collin County (hereinafter "County") has received federal funding under the Coronavirus Aid, Relief, and Economic Security Act (hereinafter "CARES ACT"). Citizens of municipalities located within the County are also citizens of the County. Except for Dallas, no municipalities located in whole or in part in Collin County received CARES ACT funding. The purpose of the program ("Direct Costs Program") is to assist eligible municipalities within the County with their direct COVID-19 expenditures so that they can continue to be financially ready to address new challenges that may lie ahead as part of the COVID-19 emergency. The financial health of our municipalities is vital to the overall County health and welfare. The creation of this Program is an authorized use of CARES ACT funding. The City of Dallas is not eligible to participate in this program because it has received its own CARES ACT funding. Eligible Municipalities under this Program are limited to: Allen Frisco Murphy Richardson Anna Lavon Parker Wylie Celina Lucas Plano Royce City Fairview McKinney Princeton Garland Farmersville Melissa Prosper Sachse 2. Sole Source of Funding. The sole source of funding for each eligible municipalities' allocated share of the Direct Costs Program is the CARES ACT funding received by the County. 3. Eligible Expenditures. This Direct Costs Program only covers expenditures made by municipalities between March 1, 2020 and 11:59 PM December 30, 2020. Committing to an expenditure does not qualify. Payment of the expenditure actually has to have been made by 11:59 PM on December 30, 2020; the expenditure must have been or must be for the purpose of addressing or responding to the COVID-19 emergency; and the expenditure must not have already been budgeted for as of March 27, 2020 from municipal funds. 4. Total Funding. The County will make a total of $50,000,000 of CARES ACT funding available for this Direct Costs Program. 5. Individual Municipal Funding. The total funding available for the Direct Costs Program will be allocated between each eligible municipality based on its population within the County. Each municipality receiving a share of these funds ("Municipal Funds") shall deposit them into a special segregated account created by each municipality solely for holding and dispersing the Municipal Funds. This account must be interest - bearing and similarly insured as the municipality's other funds. 6. Use of Funds. Each eligible municipality receiving an allocation under the Direct Costs Program may use their Municipal Funds for reimbursing the municipality for COVID-19 expenditures already paid and incurred, and for expenditures to assist it with the ongoing responses to COVID-19 as detailed in an ILA with the municipality Examples of eligible COVID-19 post 3/1/2020 expenditures include, but are not limited to, past and ongoing sanitation, COVID-19 testing, past or ongoing acquisitions of personal protective equipment for employees, overtime related to COVID-19, employee time dedicated to fielding and answering COVID-19 calls rather than handling their normal work, self -quarantine expenses for homeless, preparing for the future re-emergence of COVID-19 by purchasing and stocking PPE and sanitation supplies, and other expenditures recoverable by municipalities as described in the U.S. Department of the Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments. 7. Documentation for all Expenditures. Each municipality receiving Municipal Funds shall be required to document and justify that each disbursement of Municipal Funds was an eligible expenditure under its ILA with the County and the CARES ACT. All documentation shall be due no later than January 15, 2021. 8. Reimbursement and Recapture of Ineligible Expenditures. If the County, or its designee, reasonably determines that a municipality's expenditure of Municipal Funds is not an eligible expenditure, then the municipality shall immediately reimburse its Municipal Funds with an amount equal to the amount of the ineligible expenditure from other of its funds. The municipality shall have 30 days of receipt of the County's, or its designee's, determination of an ineligible expenditure to reimburse the ineligible expenditure to its Municipal Funds. If the County has to enforce its ILA it shall be entitled to recover its reasonable attorney's fees and costs incurred in doing so. If the municipality's Municipal Funds account is already closed out, the reimbursement of the ineligible expenditure shall be made directly to the County. 9. Repayment of Unused Municipal Funds to the County. If any of a municipality's Municipal Funds are not expended as provided in its ILA with the County by 11:59 PM December 30, 2020, the municipality shall return the unspent Municipal Funds to the County within thirty (30) days. 10. Interlocal Agreement. Prior to receiving, and as a condition to receiving, any Municipal Funds, each municipality must enter into an interlocal cooperation agreement with the County which incorporates the terms of this Direct Costs Program and provides for other matters ("ILA"). If the County, in its sole discretion, determines that a municipality has breached its ILA with the County, then the County may declare the ILA to be in default, and it may require the return and repayment to the County of the remaining balance of the Municipal Funds, including any reimbursements for ineligible expenditures. 11. Administration Cost. Because this funding is for the benefit of the municipalities, the municipalities are not entitled to recovery of administrative costs or fees from their Municipal Funds. A motion was made, seconded, and carried by a majority of the court members in attendance during a regular session on Monday, May 11, 2020. Chris Hill, County Judge Susan Fletcher, Commissioner, Pct 1 Cheryl W iams, Commissioner, Pct 2 Darrell Hale, Commissioner, Pct 3 I 74uncan Webb, Commissioner, Pct 4 ATI -ST: Stacey Kemp, County Clerk THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/26/2020 Approve the City Council Meeting Minutes for May 12, 2020. (City Secretary Carrie Land) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Minutes 5/21/2020 Exhibit ANNACITYCOUNCIL MINUTES REGULAR SESSION May 12, 2020 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:36 PM. Council Member Miller arrived at 6:39 PM. Council Member Beazley was absent. 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. 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. a. Proclamation - May 2020 Motorcycle Awareness Month Mayor PIke read the proclamation. 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 Minutes for April 18, April 28, and May 2. (City Secretary Carrie Land) b. Approve a Resolution approving the Guillermo & Wendy Lopez Development Plat. (Director of Development Services Ross Altobelli) Single-family dwelling, detached on one lot located on the west side of CR 479, 1,495± feet south of CR 429. Located within the extraterritorial jurisdiction (ETJ). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE GUILLERMO AND WENDY LOPEZ DEVELOPMENT PLAT. c. Approve a Resolution approving the Final Plat for the NBR Anna Addition, Block A, Lot 1. (Director of Development Services Ross Altobelli) Concrete batching plant (permanent) on one lot on 10.0± acres located at the northeast corner of Collin County East Outer Loop and CR 418. Zoned 1-1, Light Industrial District with Specific Use Permit-8472-2020 for concrete batching plant (permanent). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NBRANNAADDITION, BLOCK A, LOT 1, FINAL PLAT. d. Approve a Resolution approving the Final Plat for Park Place at Anna Phase 2. (Director of Development Services Ross Altobelli) 77 SF-72 Single -Family Residential lots and three HOA lots on 29.9± acres located south of Park Place at Anna Phase 1, 85± feet southwest of the intersection of Pacific Avenue and Marvin Gardens Trail. Zoned Planned Development-2004-151. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PARK PLACE AT ANNA PHASE 2, FINAL PLAT. e. Approve a Resolution approving the Site Plan for NBR Anna Addition, Block A, Lot 1. (Director of Development Services Ross Altobelli) Concrete batching plant (permanent) on one lot on 10.0± acres located at the northeast corner of Collin County East Outer Loop and CR 418. Zoned 1-1, Light Industrial District with Specific Use Permit-8472-2020 for concrete batching plant (permanent). A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NBR ANNAADDITION, BLOCK A, LOT 1, SITE PLAN. f. Approve a Resolution approving the Final Plat for The Villages of Hurricane Creek, Phase 1. (Director of Development Services Ross Altobelli) 215 single-family residential lots, one civic center (fire station) lot, and six HOA lots on 92.3± acres located 662± feet north of West White Street (FM 455) and 832± feet west of U.S. Highway 75. Zoned Planned Development- 689-2015 and Planned Development 2001-18. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VILLAGES OF HURRICANE CREEK, PHASE 1, FINAL PLAT. g. Approve an Ordinance Amending the FY 2020 Budget (Finance Director Dana Thornhill) The Fund Balance and Working Capital Reserve Policy is included in the City's Financial Polices which was adopted on Tuesday, April 14, 2020. The policy on the Unassigned Fund Balance of the General Fund is located on page 16 of the Financial Policies. The policy states that it is the goal of the City to achieve and maintain an unassigned fund balance in the General Fund equal to 40% of total appropriations. A balance of more than 40% is considered to be excessive. The policy further states an Ordinance will be presented to Council when appropriate to give specific authority to the City Manager to make transfers of unexpended appropriations and excess revenues. The unassigned fund balance of the General Fund at the end of FY 2019 was $5,705,117. The total appropriations for FY 2020 for the General Fund total $10,234,724. Forty percent (40%) of total General Fund appropriations equates to $4,093,890. This results in excess revenues of $1,611,222. The Budget Amendment amends the existing budget and allows the City Manager to transfer out the excess funds to the Non -Bond Capital Projects Fund. AN ORDINANCE AMENDING ORDINANCE NO. 830-2019 ADOPTING THE BUDGET FOR THE 2019-2020 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FORAN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. h. 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 execution of a lease contract for a Vactor 2100i Combination Sewer Cleaner from Kinloch Equipment & Supply, Incorporated with lease terms not to exceed the financial obligations shown in Exhibit "A' attached hereto, and providing for an effective date. (Director of Public Works Greg Peters, P.E.) The City of Anna Public Works Department is seeking to lease a combination sewer maintenance vehicle for maintenance activities. This vehicle is needed for multiple reasons, including: • Improve maintenance program - initiate weekly sewer jetting program to better maintain our existing sewer system. • Improve emergency response action - proper response to sewer overflows when they occur, with the ability to vacuum a large volume of sewage and safely transport and deposit it to a suitable location. • Improve sewer lift station maintenance - allow draining and proper cleaning of wet wells to decrease corrosion and allow for proper maintenance of internal well walls. I n addition, this truck will be used to pump and haul sewer for the first homes built in Hurricane Creek subdivision if houses are finished prior to completion of the trunk sewer construction. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN AUTHORIZING THE EXECUTION OF A LEASE CONTRACT FOR A VACTOR 2100i COMBINATION SEWER CLEANER FROM KINLOCH EQUIPMENT & SUPPLY, INCORPORATED WITH LEASE TERMS NOT TO EXCEED THE FINANCIAL OBLIGATIONS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTI ON: Council Member Toten moved to approve the consent agenda. Council Member Miller seconded. Motion carried 5-0. 6. Consider/Discuss/Action on a Resolution to approve funding for Engine 2 equipment. (Fire Chief Ray Isom) On February 25, 2020, the Anna City Council approved the purchase of a used fire engine. This font -line apparatus is currently serving with the Coppell Fire Department and will be available in early Fall 2020 for delivery to the City of Anna. The total cost for the Coppell Engine is $259,000 of which a $10,000 down payment has already been applied. Up -fitting costs for this fire engine were not included in the original agenda item. An additional $54,000 is required to equip the engine with fire hose, rescue tools and equipment, communication equipment, and other related fire/rescue items. The fire department would like to begin the process of ordering, purchasing, and configuring the necessary equipment in anticipation of the new engine's arrival. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING FUNDING FOR FIRE/RESCUE EQUIPMENT, TOOLS, AND ACCESSORI ES. MOTION: Council Member Toten moved to approve. Council Member Vollmer seconded. Motion carried 5-0. 7. Consider/Discuss/Act on a Resolution adopting the Economic Development Strategic Plan. (Economic Development Director Joey Grisham) Last year the City Council identified an Economic Development Strategic Plan as one of its top priorities. The CDC/EDC entered into a contract with Jason Claunch of Catalyst Commercial and held several work sessions and meetings over a five - month period. As a part of the process, the Board updated its vision and mission statements, identified ten strategic goals that align with the City Strategic Plan, as well as core values and metrics/measurables. The plan also identifies more specific objectives for each goal. Staff is already underway on several key items including updating the marketing plan, creating an incentive policy, assisting Collin College with site selection, continuing to meet with real estate brokers and developers, recruitment of retailers/restaurants/entertainment options, development of the Downtown Master Plan, and activating the Anna Business Park. The CDC/EDC Board approved the plan at a special called meeting on March 12th. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ADOPTING AND APPROVING THE ECONOMIC DEVELOPMENT STRATEGIC PLAN; AND PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve. Council Member Bryan seconded. Motion carried 5-0. 8. Public Hearing and Consider/Discuss/Action on an Ordinance of the City of Anna, Texas; amending the Anna City Code of Ordinances by amending Chapter 9 Planning and Development Regulations; Article 9.03 Design Standards; Divisions 1 through Division 9; providing for a penalty for any violation of this ordinance not to exceed $2,000; 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) Staff has developed a design manual, complete with updated construction details and approved construction materials for the City to use and distribute to developers and consultants. The manual was developed with the help of municipal engineers at Kimley-Horn, who also sought feedback from their private development engineering staff on standards and details. Mayor Pike opened the public hearing at 7:04 PM. No comments. Closed the public hearing at 7:04 PM. AN ORDINANCE OF THE CITY OF ANNA, TEXAS; AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 9 PLANNING AND DEVELOPMENT REGULATIONS; ARTICLE 9.03 DESIGN STANDARDS; DIVISIONS 1 THROUGH DIVISION 9; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS AND SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 5-0. 9. Consider/discuss/approve a resolution of the City of Anna, Texas approving and authorizing the City Manager to execute a Roadway Impact Fee Reimbursement Agreement by and between the City of Anna, Texas and Anna Crossing 40PGE, Limited, a Texas Limited Partnership, as shown in Exhibit "A" attached hereto, and providing for an effective date. (Director of Public Works Greg Peters, P.E.) Anna Crossing 40PGE is seeking to develop Phase 1 C of Anna Crossing. The project requires public improvements to be made to County Road 421 (East Foster Crossing Road). The proposed improvements are on the north side of County Road 421 there is an existing drainage problem due to the existing culvert under the road being inadequately sized. This drainage problem impacts multiple properties. The City is seeking to partner with the developer to make the necessary improvements to County Road 421 required to both: • resolve the existing drainage problems of the area • adequately convey the post -development runoff from the Anna Crossing Phase 1 C project Staff reviewed the existing conditions and has determined that over -detaining stormwater in Anna Crossing Phase 1 C will not resolve the existing drainage problems impacting the adjacent properties. While Anna Crossing Phase 1 C will still require on -site stormwater detention, improvements to County Road 421 are required to resolve the pre -development drainage issues in the area. The proposed improvements will be constructed to a size and condition meeting the needs of the future roadway expansion for County Road 421. Staff has reviewed the engineering design and cost estimate provided by the developer and finds the proposed solution and costs to be reasonable and consistent with City standards and recent construction costs and this solution is a highly desired opportunity to leverage these funds for public purpose. Since County Road 421 is on the City of Anna Thoroughfare Plan as a future Major Collector Street and is part of the Impact Fee Study, improvements to the road are eligible for reimbursement through roadway impact fees. The reimbursement of roadway impact fees will be limited to the fees collected for Anna Crossing Phase 1 C, the future commercial tracts owned by the developer, and other properties owned by the developer which will directly benefit from improvements to County Road 421. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA CROSSING 40PGE, LIMITED, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTI ON: Council Member Toten moved to table. Mayor Pike seconded. Motion carried 5-0. 10. Presentation to the City Council with an update on the utility rate study and initial utility rate findings. (Director of Public Works Greg Peters, P.E.) Matthew Garrett with NewGen gave Council a presentation on the utility rate findings. Council discussion ensued. No action. 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 9:01 PM. Approved on the May 26, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/26/2020 Review CDC/EDC Joint Special Called Meeting Minutes from the April 9, 2020 Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type April 9, 2020 CDC/EDC Joint Meeting Minutes 5/19/2020 Staff Report Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary .1rii�a A6tria *CDC * Anna Community Development Corporation and Anna Economic Development Corporation Special Called Meeting Minutes Thursday, April 9, 2020 at 6:00 pm The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a special -called online meeting at 6:00 p.m. on Thursday, April 9, 2020. The Anna Community Development Corporation and the Economic Development Corporation participated in this meeting remotely in compliance with the Texas Open Meetings Act as suspended or modified under the pending Declaration of Disaster and associated executive orders and proclamations of the Governor of Texas. The public observed the open session portions of the meeting online at the City of Anna's Facebook page: https://www.facebook.com/City-of-Anna-281332118639373/ CDC and EDC Board Members Present: Anthony Richardson, Rocio Gonzalez, Michelle Hawkins, and Doris Pierce, and Bruce Norwood. Board Members Absent: Stan Carver and Terry Farrell. Others present: Lee Miller, Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager), Clark McCoy (CDC/EDC Legal Counsel), and Kevin Johnson (IT Manager). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:06 p.m. 2. Invocation and Pledge. Invocation was given by Anthony Richardson. Pledge of Allegiance was led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the March 5, 2020 CDC Meeting. (CDC) 5. Consider/Discuss/Act on approving minutes from the March 5, 2020 EDC Meeting. (EDC) Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 6. Consider/Discuss/Act on approving minutes from the March 12, 2020 Special Called CDC Meeting. (CDC) 7. Consider/Discuss/Act on approving minutes from the March 12, 2020 Special Called EDC Meeting. (EDC) Doris Pierce made a motion to approve the minutes on behalf of the CDC and EDC for both the March 5 Joint Meeting and the March 12 Special Called Joint Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 8. Discuss COVID-19 response and resources available to the business community. Joey Grisham shared that while Economic Development has slowed, staff is doing all they can to help local businesses. Staff is working with the Greater Anna Chamber of Commerce, staying up to date with information, trends and local business needs. A webpage dedicated to COVID-19 information and resources was created: opportunityannatx.com/covid-19. Following the passage of CARES Act, the Small Business Administration is offering loan programs. Taylor Lough shared that local lenders, Independent Financial, Bancorp South, RBFCU, and CapTex Bank are offering these loans. Currently, applications by existing customers will be reviewed first. Staff has also encouraged landlords to be flexible on rent and they have stated that they are. Staff will continue to review best practices and are open to discussing future programs that may assist local businesses in need. Anthony Richardson thanked the staff for their hard work in quickly disseminating information and agreed with continuing to review local programs should we need to take further action locally. 9. Consider/Discuss/Act on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. (CDC) Joey Grisham explained that items 9 and 10 are to extend the contract with Carey Cox Real Estate for an additional year to represent the Anna Business Park as the listing broker. Last year the board interviewed different firms and chose Carey Cox Real Estate based on their approach and experience in Collin County. Joey Grisham shared that Carey Cox and the EDC have been actively working multiple leads and are close on several. He also stated that industrial and manufacturing enterprises could thrive after COVID-19 passes. Anthony Richardson asked Clark McCoy if the amendment should reference an execution date. Clark McCoy stated that the signature page references April 22"d as the execution date. Bruce Norwood made a motion on behalf of the CDC to approve the resolution. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. 10. Consider/Discuss/Act on approving a Resolution amending a contract with Carey Cox Real Estate for real estate representation. (EDC) Bruce Norwood made a motion on behalf of the EDC to approve the resolution. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. 11. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary B. Consult with legal counsel 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); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board 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) Anna Business Park Property; potential retail and medical projects. The Board did not enter closed session. 12. Reconvene into open session and take any action on closed session items. The Board did not enter closed session. 13. Receive reports from staff or Board Members 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. • The Greater Anna Chamber of Commerce Golf Tournament that was scheduled for May 4t" has been postponed. • Whataburger and Salsa Tex Mex have opened. • Chick-fil-A is opening next week on Thursday, April 16. • Lee Miller asked if any businesses have reached out to staff sharing that they will not make it. Joey Grisham shared he had not heard of any businesses closing due to the pandemic. • Thanks to Kevin Johnson, IT Manager for his assistance in the setup and meeting logistics. 14. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 6:32 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. Officers: Anthony Richardson, President Stan Carver, Vice -President Rocio Gonzalez, Secretary APPROVED: Anthony Richardson President of CDC/EDC Staff: Joey Grisham, Economic Development Director Taylor Lough, Economic Development Manager ATTESTED: Rocio Gonzalez Secretary of CDC/EDC THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 5/26/2020 Approve a Resolution approving the Huth Addition, Block A, Lot 1, Minor Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family dwelling, detached on 2.7± acres located on the cul-de-sac bulb of White Oak Circle. Located within the extraterritorial jurisdiction (ETJ). Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Locator Resolution Exhibit A Upload Date Type 4/29/2020 Exhibit 5/4/2020 Resolution 5/20/2020 Exhibit w�f "3` r :• .. 1 ,, Minor Plat- Huth Addition Block A, 1 ;, Lot71 dr r x`K WHITE OA'KK',CIR , �, a _ S'CHURCH ST Ln 0 + mar ?fir s F i a TM^' O s �0 1� r iPa �i C r QN Jy .. ' yv l a / COLINTY'ROAD'424 LO � .' fir` E'°�';"►�lf. o ° �' THE CITY OF N nna Q Proposed Site 161.Ij City Limits Parcels ETJ 0 375 750 1,500 _ Feet ' / "• y i April 202O LAPlanning& DevelopmenAProject Review\Huth Addil ,.L caior:Aq iaMap,d CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE HUTH ADDITION, BLOCK A, LOT 1, 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, David and Angela Huth have submitted an application for the approval of the Huth Addition, Block A, Lot 1, Minor Plat NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Huth Addition, Block A, Lot 1, Minor Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of May 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike N 1"=60' 0 30 60 GENERAL NOTES 1.) The purpose of this plat is to create an official lot of record from a tract of land. 2.) This property is located in "Non -shaded Zone X" according to the F.E.M.A. Flood Insurance Rate Map dated June 2, 2009 as shown on Map Number 48085C0180J. 3.) The grid coordinates shown on this plat are based on GPS observations utilizing the AIITerra RTKNET Cooperative network. NAD 83(2011) State Plane Coordinate System (Texas North Central Zone - 4202). 4.) Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and/or withholding of utilities and building permits. 5.) The bearings shown on this plat are based on GPS observations utilizing the AIITerra RTKNET Cooperative network. NAD 83(2011) Datum. ON -SITE SEWAGE FACILITY NOTES 1.) All lots must utilize alternative type On -Site Sewage Facilities. 2.) Must maintain state -mandated setback of all On -Site Sewage Facility components from any/all easements and drainage areas, water distribution lines, sharp breaks and/or creeks/rivers/ponds, etc. (Per State regulations). 3.) There is a remainder lot left after subdivision of this lot. - The remainder lot was not reviewed with this plat and is, therefore, not a legally subdivided lot under this plat. No permitting will be allowed on the remainder lot until legal platting has occurred for the remainder lot. - There was no documented, existing structures/dwellings or any associated OSSFs on the remainder lot at the time of approval of this plat. - Any existing structures/dwellings and/or associated OSSFs must be reviewed and approved by Collin County Development Services (after legal platting of the lot) prior to any use. 4.) There were no permitted/approved existing structures with associated OSSF(s) on Lot 1, Block A at the time of approval. Any existing structures or OSSFs must be reviewed and permitted by Collin County Development Services prior to any use. 5.) Tree removal and/or grading for OSSF may be required on individual lots. 6.) There are no water wells noted in this subdivision and no water wells are allowed without prior approval from Collin County Development Services. 7.) Each lot is limited to a maximum of 5,000 gallons of treated/disposed sewage each day. 8.) Individual site evaluations and OSSF design plans (meeting all State and County requirements) must be submitted to and approved by Collin County for each lot prior to construction of any OSSF system. CURVE TABLE CURVE ARC LENGTH TRADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 42.43' 50.00' 48°37'20" S 42°26'37" W 41.17' Project 2002.061-01 EAGLE SURVEYING, LLC Date 210 S. Elm Street, Suite: 104 05/18/2020 Denton, TX 76201 EAGLE (940) 222-3009 Drafter JDC SURVEYING TX Firm #10194177 SURVEYOR OWNER Eagle Surveying, LLC David Huth & Angela Huth Contact: John Cox 5451 Independence Pkwy., # 1507 210 S. Elm Street, Suite: 104 Plano, TX 75023 Denton, TX 76201 (702) 713-1648 (940) 222-3009 LEGEND PG = PAGE VOL = VOLUME POB = POINT OF BEGINNING IRF = IRON ROD FOUND CIRF = CAPPED IRON ROD FOUND DOC. NO. = DOCUMENT NUMBER D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY. TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY. TEXAS HEALTH DEPARTMENT CERTIFICATION I 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 Development Services CERTIFICATE OF APPROVAL APPROVED on this the day of , 2020 by the City Council, City of Anna, Texas. Mayor ATTEST: City Secretary OWNER'S CERTIFICATE & DEDICATION STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS, DAVID HUTH and ANGELA HUTH, are the owners of a 2.71 acre tract of land situated in the JOHN ROWLAND SURVEY, ABSTRACT NUMBER 784, City of Anna, Collin County, Texas, being all of that called 2.715 acre tract of land conveyed by Warranty Deed with Vendor's Lien to David Huth and Angela Huth, recorded in Document Number 20200108000031990, Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with yellow plastic cap (illegible) found at the Southeast corner of said Huth tract, being at the Northeast corner of a tract of land described in a deed to James J. Patterson and wife, Lavona S. Patterson, recorded in Volume 1812, Page 965, Deed Records of Collin County, Texas, and being in the pavement of White Oak Circle; THENCE North 89°28'48" West, departing the White Oak Circle, with the South line of said Huth tract and the common North line of said Patterson tract, a distance of 584.44 feet to a 1/2-inch iron rod with orange plastic cap stamped "PREMIER SURVEYING" found at the Southwest corner of said Huth tract and being the common Southerly Southeast corner of a tract of land described in a deed to Brunhild Inv., Inc., recorded in Document Number 99-0143708, Official Public Records of Collin County, Texas; THENCE North 00°19'22" East, departing the North line of said Patterson tract, with the West line of said Huth tract and the common East line of said Brunhild Inv., Inc. tract, a distance of 196.09 feet to a 1/2-inch iron rod with orange plastic cap stamped "PREMIER SURVEYING" found at the Northwest corner of said Huth tract and being an ell corner of said Brunhild Inv., Inc. tract; THENCE South 89054'23" East, with the North line of said Huth tract and the common East line of said Brunhild Inv., Inc., a distance of 607.14 feet to a 1/2-inch iron rod with orange plastic cap stamped "PREMIER SURVEYING" found at the Northeast corner of said Huth tract, being at the most Easterly Southeast corner of said Bruinhild Inv., Inc. tract and being in the pavement of said White Oak Circle; THENCE South 06°46'49" West, with the East line of said Huth tract, a distance of 201.81 feet to the POINT OF BEGINNING and containing 2.71 acres or 118,147 square feet of land, more or less. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, DAVID HUTH and ANGELA HUTH, do hereby adopt this plat, designating herein described property as HUTH ADDITION, an addition to the City of Anna, Collin County, Texas, and do hereby dedicate to public use forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown for the purpose and consideration therein expressed. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the drainage and utility easements as shown. Said drainage and utility easements being hereby reserved for the mutual use and accommodation of all public utilities desiring to use same. All and any public utility shall have the right to remove and keep removed all or parts 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 its respective system on the drainage and utility easement and all public utilities shall at all times have the full right of ingress and egress to or from and upon the said drainage and utility easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. OWNERS: DAVID HUTH and ANGELA HUTH tu David Huth Owner Date STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared DAVID HUTH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this day of 12020. Angela Huth Owner Date STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared ANGELA HUTH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this day of 2020. Notary Public in and for the State of Texas Notary Public in and for the State of Texas CERTIFICATE OF SURVEYOR STATE OF TEXAS § COUNTY OF COLLIN § I, TED A. GOSSETT, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic caps stamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Anna, Collin County, Texas. Ted A. Gossett, R.P.L.S. # 5991 STATE OF TEXAS § COUNTY OF TARRANT § Date BEFORE ME, the undersigned authority, on this day personally appeared TED A. GOSSETT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this day of 2020. Janice Stalder, Notary Public in and for the State of Texas MINOR PLAT HUTH ADDITION LOT 1, BLOCK A BEING 2.71 ACRES OF LAND SITUATED IN THE JOHN ROWLAND SURVEY, ABSTRACT No. 784, CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 1 OF 1 THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 5/26/2020 Approve a Resolution of the City of Anna, Texas approving and authorizing the City Manager to execute a roadway impact fee reimbursement agreement by and between the City of Anna, Texas and Anna Crossing 40PGE, Limited, a Texas Limited Partnership, as shown in exhibit "A" attached hereto, and providing for an effective date. (Director of Public Works Greg Peters, P.E.) �'i�J►�i 1►�i In1:�'iI Update: This item was tabled at the May 12, 2020 City Council Meeting. The City Council requested that a construction start date be added to the agreement. As requested, staff has worked with the developer to add a construction start date of December 31, 2020 with a specific definition of Commence Construction to mean that the City has approved the engineering plans, held a pre - construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. If construction does not commence on or before this date then the agreement will be null and void. Anna Crossing 40PGE is seeking to develop Phase 1C of Anna Crossing. The project requires public improvements to be made to County Road 421 (East Foster Crossing Road). The proposed improvements can be seen in Exhibit 1 attached. On the north side of County Road 421 there is an existing drainage problem due to the existing culvert under the road being inadequately sized. This drainage problem impacts multiple properties as can be seen in Exhibit 2 attached. The City is seeking to partner with the developer to make the necessary improvements to County Road 421 required to both: • resolve the existing drainage problems of the area • adequately convey the post -development runoff from the Anna Crossing Phase 1 C project Staff reviewed the existing conditions and has determined that over -detaining stormwater in Anna Crossing Phase 1 C will not resolve the existing drainage problems impacting the adjacent properties. While Anna Crossing Phase 1 C will still require on -site stormwater detention, improvements to County Road 421 are required to resolve the pre -development drainage issues in the area. The proposed improvements will be constructed to a size and condition meeting the needs of the future roadway expansion for County Road 421. Staff has reviewed the engineering design and cost estimate provided by the developer and finds the proposed solution and costs to be reasonable and consistent with City standards and recent construction costs. Since County Road 421 is on the City of Anna Thoroughfare Plan as a future Major Collector Street and is part of the Impact Fee Study, improvements to the road are eligible for reimbursement through roadway impact fees. The reimbursement of roadway impact fees will be limited to the fees collected for Anna Crossing Phase 1 C, the future commercial tracts owned by the developer, and other properties owned by the developer which will directly benefit from improvements to County Road 421. The properties included are shown in Exhibit 3 attached. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: Description Upload Date Type Resolution and Agreement - I mpact Fee Agreement 5/20/2020 Resolution Exhibit 1 5/20/2020 Exhibit Exhibit 2 5/20/2020 Exhibit Exhibit 3 5/20/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. 2020- - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA CROSSING 40PGE, LIMITED, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna Crossing 40PGE, Limited is seeking to construct public infrastructure related to Anna Crossing Phase 1 C, and; WHEREAS, as a key component of the development of Anna Crossing Phase 1 C it is necessary to make improvements to County Road 421, and; WHEREAS, County Road 421 is shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as a future Major Collector Street, and; WHEREAS, improvements to County Road 421 are eligible for impact fee reimbursement; 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 execute the roadway impact fee agreement as shown in Exhibit "A" attached hereto. 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 EXHIBIT "A" ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR ANNA CROSSING PHASE 1C COUNTY ROAD 421 This Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 1 C County Road 421 (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Anna Crossing 40PGE, Ltd., a Texas limited partnership (the "Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and WHEREAS, Developer represents and warrants that it owns and desires to develop certain real property in Collin County, Texas, composed of approximately 49.433 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS Cily Acceptance Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. Ci1y Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Collected Roadwaypact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Commence Construction shall have the meaning that the City has approved the engineering plans, held a pre -construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 1C County Road 421 — Page 1 Developer's Construction Cost, with respect to the Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit C. City inspection fees shall not be included in Developer's Construction Cost. Final Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of $295,025.00 or the Developer's Construction Cost. Additional costs eligible for reimbursement shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which collected Roadway Impact Fees shall be eligible to be reimbursed upon development. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Property means Anna Crossing Phase I as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Foster Crossing Road Roadway Improvements generally described, without limitation, as the installation of three (3) 10'x4' reinforced box culverts approximately 62' each in length, two (2) corresponding TXDOT headwalls, grouted rip rap, and the removal and replacement of the asphalt roadway generally depicted in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, and before the City has accepted the Roadway Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer's Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer's Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably requests additional evidence of the Developer's Construction Cost. Upon approval of Developer's Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 2 applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer and/or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims of any nature whatsoever which might arise or grow out of or otherwise relate to the Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-V or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non - renewal or modification. (e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND AGREES TO DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 3 EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT, OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 ROADWAY PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and complete the Roadway Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Roadway Project. Developer shall commence construction in accordance with the definition in Section II "Commence Construction" on or before December 31, 2020. (b) CitesObligations (1) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Impact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interest -bearing account. The City shall reimburse Developer up to the Developer's Construction Cost in the aggregate on a quarterly basis (the "Reimbursement"). The City shall provide the Reimbursement to Developer until the Final Reimbursement Amount has been paid in full. The Collected Roadway Impact Fees shall be the sole source of reimbursement or Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 4 funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on September 30 in the tenth year after the City Acceptance Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Parry in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Parry will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 5 (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Anna Crossing 40PGE, Ltd. Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 6 or waive such Parry's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 - Page 7 Anna Crossing 40PGE, Ltd., a Texas limited partnership By: Anna Crossing 40PGE GP Corporation, a Texas corporation, its general partner Name: Adam J. Buczek Title: Authorized Signer IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2020, personally appeared Adam J. Buczek, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Authorized Signer of Anna Crossing 40PGE GP Corporation, a Texas corporation, the general partner of Anna Crossing 40PGE, Ltd., a Texas limited partnership. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 — Signature Page CITY OF ANNA Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, personally appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 — Signature Page ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B — Impact Fee Reimbursement Property Exhibit C — Roadway Project Exhibit D — Breakdown of Costs Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421 — Signature Page EXHIBIT A The Property (See attached) Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase l C County Road 421— Exhibit A ~ " 1600 I - o 49 $ 6�F0 see�k� �6 \III HHM r.F`spin loan; ssr e.. W 1�1�", 9". , 1a--y116ni' 1 w qo z1 nF ne-13as aca�o Q EPPM 010N 1 ,� m O _ .'� `� �4 A Y ... 6 lying 1 z 3 �0 3 Wr L nine 3 =g,`. _ 3 F°w� 2 pz Ro. I otl_� a�4z- ^ a INN, SA DY � Y U 31 ° Pon V 6 � i y o ggE ggN Y �YS� .fl f_ I lip N pub I p LL LL Q ' _ -LIo s $ 2 09�"$Ay�9 EHH e - - - Zoo „3z 4 J Nt'+ €� f gei F� 9_j2 a ��s Sze �y� a p�E z•=fir =�� �3� � � aka _v,ar =zoaa�a 3 x �v rvb qE _ s xVkL _pnu€B S'EY' Y _ k• € ��i� 2 s 5 a Po as , M 6"�F3 �` e'xs }.=:at-"e€ a"-n aRR'n'5 t��5 .5$ 9; abra eg` aEs 3n i ng 9% 6. 2x3 i P ^EY _8 P 2 a'a €r eF �JE a. I;es b s €A INN $' F�k-A E d _s �. of efrS€ aAy .'a N� 4e�3 €e�Eeesk i@ a zs (7 iPaser €. W. A a g�EYy 3 £ g SSEE B ig ids E5 1—' Z EF F€ €A aE E p 5a 5 = § �W 9 €® a p�€ ; ge ag���e ae! 3�€s5_�4a pI� ` g` a [rayaa�a¢�3�, 1 ss��ess ��_e�� aka aE=$3 ire oases a,e�ea as`3d €a Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase l C County Road 421—Exhibit A LEGAL DESCRIPTION BEING a portion of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd., as recorded in Instrument Number 20190114000044870, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd. (collectively hereinafter referred to as Anna Crossing 40PGE tract), as recorded in Instrument Number 20190114000044860, O.P.R.C.C.T.; said 49.433 acres (2,153,287 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northerly Northwest corner of said Anna Crossing 40PGE tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase 1B (hereinafter referred to as Anna Crossing Phase 1B), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Crossing 40PGE tract, and said Anna Crossing Phase 1B, a distance of 335.89 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Crossing 40PGE tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instrument Number 1993 - 8676, O.P.R.C.C.T.; THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase I and with the common line between said Anna Crossing 40PGE tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Crossing 40PGE tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Crossing 40PGE tract and said Miller tract, pass at a distance of 778.53 feet, a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Anna Crossing 40PGE tract, same being the Northeast corner of the remainder of said Anna Town Center No. 8 tract and continue with said course and the common line between said Anna Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit A Crossing 40PGE tract and Miller tract for a total distance of 1313.74 feet to a mag nail set for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of said Miller tract, same being the North line of that certain tract of land described in a Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract) as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same also being in East Foster Crossing Road also known as County Road 421; THENCE North 89 degrees 11 minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 333.98 feet, the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of the aforesaid 40 PGE tract and continue with said course and the common line between said 40 PGE tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 346.13 feet, the Northwest corner of said Anna Highway 5 tract, same being the Northeast corner of that certain tract of land described in a Special Warranty Deed to Anna Economic Development Corporation and Anna Community Development Corporation (hereinafter referred to as Anna EDC tract), as recorded in Instrument Number 20170103000004800, O.P.R.C.C.T. and continue with said course and the common line between said 40 PGE tract and said Anna EDC tract and with said East Foster Crossing Road for a total distance of 2063.93 feet to a mag nail set for the Southwest corner of said 40 PGE tract, same being the existing Easterly right-of-way line of Dallas Area Rapid Transit (DART), as recorded in Volume 5443, Page 5532, O.P.R.C.C.T. and further described in a deed to Houston & Texas Central Railway Company (150' right-of-way), as recorded in Volume V, Page 603, Deed Records, Collin County, Texas; THENCE North 18 degrees 45 minutes 20 seconds East with the common line between the remainder of said 40 PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit, pass at a distance of 528.41 feet, a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Northwest corner of the remainder of said 40 PGE tract, same being the Southwest corner of the aforesaid Anna Crossing 40PGE tract and continue with said course and the common line between said Anna Crossing 40PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit for a total distance of 1166.38 feet to a five - eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Westerly Northwest corner of said Anna Crossing 40PGE tract, same being in the South line of that certain tract of land described in Warranty Deed to Tommy Cunningham, (hereinafter referred to as Tommy Cunningham tract), recorded in Volume 4802, Page 3430, O.P.R.C.C.T.; THENCE North 18 degrees 45 minutes 20 seconds East with the common line between the remainder of said 40 PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit, pass at a distance of 528.41 feet, a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Northwest corner of the remainder of said 40 PGE tract, same being the Southwest corner of the aforesaid Anna Crossing 40PGE tract and continue with said course and the common line between said Anna Crossing 40PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit for a total distance of 1166.38 feet to a five - eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Westerly Northwest corner of said Anna Crossing 40PGE tract, same being in the South line of that certain tract of land described in Warranty Deed to Tommy Cunningham, (hereinafter referred to as Tommy Cunningham tract), recorded in Volume 4802, Page 3430, O.P.R.C.C.T.; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit A THENCE South 89 degrees 26 minutes 26 seconds East, departing the existing Easterly right-of- way line of said Dallas Area Rapid Transit, and with the common line between said Anna Crossing 40PGE tract and said Tommy Cunningham tract, passing at a distance of 663.56 feet a one-half inch iron rod found for the Southeast corner of said Tommy Cunningham tract, same being the Southwest corner of said Cunningham tract, continue same course for a total distance of 1351.10 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" found for an inner -ell corner of said Anna Crossing 40PGE tract, same being the Southeast corner of said Cunningham tract; THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Crossing 40PGE tract and said Cunningham tract, a distance of 197.69 feet to the PLACE OF BEGINNING, and containing a calculated area of 49.433 acres (2,153,287 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase l C County Road 421— Exhibit A EXHIBIT B Impact Fee Reimbursement Property M.9YllU4 1A.Blsi O5 -v r- 90 9CL M.kT.% aWS Mo W I'll IFq W � O. �OCtj' JII M7 W I-- I, O_ N� QM W f�Y mrQla r� t �rJci� ,++a9ut �3.I££Itp Dom v dr m 4 � 7 � N 41 a wL. m z z H� 4 z 4 ui W VP J hM1 N G]I r� 5� 4W F- x P m � VF I f3 Iq � � r 3 G g Ci ti Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B LRGAL DESCRIPTJON iBBrNo, a trrtat of Imyd out cf tba OratLdison Star-k, Al>maot No. 799, and being pwt of a 2, 04 acto fact, as 3:8wKded in Vol. 4942, pg. 511., u 40,001 arve tract, as described in DooumantNo. 20070409U[1d47Z400, a 43.67 am tract; as desoribed In VoluilRo 5717, Pago. 2431, a 23.80 sure tact, as desuf1bed in Daoiimmt No. 20070208000183 50, a 40.00 tiara tuict, as dosctibed in Volume 5622,1'age 1863, a 129,92 acts tract, as described In Yoluma .5611,, Page 26w, and n 40,5746 4am tract, 6 described in`ciolurne 5619, Pago 2879 irn thelked Reonrds ofCbRitt County, Texas, and being moTo parficularl,}+ clasarihed m follows: BRGMNIM, at a NA inch 3rortTod found at the Rost-nor[Iraurly tioaheast owner of said 40.001 acre tract, being tho west lima ofWi.ldwoM FNitas Add Won, ati addition to tho City of Anna, as doaciibrd In Vol, G, Pg. 746, is the'Plat Reanrcls -Of Collin. C0414, 7.'oxAS] UMMOB, S outir 01 °18' 7 1, Woe t, nloarg the ease H to of laid 40.001 acto twt and tha west lbo of said WildwDod Fums Addition, for a distance of-736,06feet, to 11518 inoh kook rod found ai the sutra west cornea• of aald Wildwood Varms Addition aad Mng an intalor e11 cnrrrer of said 40.001 acre trout; TBMCU Soufb 88"34'0(r Vast, along the Tmr lh line of suid 40.001 acee tract and the south lima of said WildwoDd ftrns,A,ddkion, fox a distance of 1234,50 fbet, to a.519 inch ironfort found at tttanovthaast corruee of said 40,001 =0Iract; ITIENCE, Soudk 0111J.1146"West, dqatting the sot>th line of said ildwood Fame AM don and along the oast line of so Id 40.001 acre #cast, for a dismoe of j! 2230 feet, to a 981nch iron rod found at the §oulheaat "Ao of said 40.001 aam tract and Wrig the uortlteask Conner of Wd 43.67 acre tract, Ti3ENM, South 01 8'19" West, trinng the o"t line of said 43.67 wro tract, for a diaWnm of 668.88 feat, to a jh inch iron rocs fottrrd in the noith fine of La Falurn a, an addition to thu aty of Anna, as damibcdln Vol. C, Pinge 41.81n said Plat Recneds,, Ti -JEKCE, Nardi 89*3110111 W09t, along the south No of said 43.67 ;mao tract and along tits nortltline of sold i[aPploma, for a d1stango of21MY2 feet, to a point far ='let Rt the itordiwost corna of sald La Palaxrta arvl bontg the "O thoast cornet' of said 129,92 acme vact, THENCE, 8 umh 01 °13'48" Writ, along the west line of said Ltr Mloma and tU$ o"t line of said 129.92 aoro Wet, for a fttance of 1527.89 fret, tD a t4 itrolxlrort rod found at tiro southeast or} am of said 129.92 =0 trust; 'I'Hlii` (M. Noxth 87T3'41.0'bleat, doparrtiug the wealino rat said Lft Palma, and along the Bondi line of said 129,92 acm Iraat, tor a distance of 15.88 foot, to a hart fibb rod found; ',i,'HENCA�, Noi#h 8902 ° 19"' Nast, along the eouth line of sold 129.92 reek, far a distance of 1884.06 fee[, to a 1h Inch trarrrod Bound; �& t or 5 Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B ,rBF CA North 01°40'03" O, continuing along aald south line, for a dlstunce of 1835 feat, to a- calculated point for comm, TI-DMR, M6 88"19'57" West, oontiniOng along said south lira, fbr a disfcnco ua 952.27 Leek, to a Ow allated point for Corry; TFJH M NW1t 01" 17' } WeRt, departing said s oath llar fof a tiistaac-, of 1937.42 fit, to a K koh Iron iud found it the southeast cot'w of said 40.57% am tract; TkiEKCE, NDjth 88Q14'55" wmt, ulong thy+ soudi lino of W4 40.5756 sorotriact, for a di st"two of 669.97 feet, to a ORIGIAMH poitntfor c0vna, TBENCJI , N(Wh 86o-1;3" 09" West, continuing along WA math hac, foi a diatenpe of 331,49 feet, tv a °/$ inch iron cod found; THHMC H, Noffli 88"12' 42" Vast, cortinaing along said -south Eno, for a distanoa cX 336.73 feat, to a inoh iron rud 1bund at tiro southwaat comm of aald 40,5756 ham Ouct; TMNCCA North W54'1313ast, silong the west line of eald 40.5756 mt tmot, fLW a distcnoo of 1335.14 fact, to a calnufatedpoiukfor oornor In tha south line of sold 129.92 sore tract; TH] K B, North 88°19' 57" West, along the aWk lino of said 129M acre tract, far a distance of 853.62 fef-t, ixi a oalmhted point foi' soma' at the southwest oarnw-of sedd 129,92 acre track; T.899CA Natth 19"48'29"Host, along the west dine of said 129.92 acre tent, fin a digtancc of 2482.75 fCrt, to a cutouulated paint fog` coWea' at tho nmthwest career of said 40,00 mwa tract Ram being the sovthw t,�orner of Bo id 218,614 acre tract; 'Tf33N , Nodh X V49WBn4 aloe g the wart Sine of said 138.614 tict+e toot, fvf a distance of 797.79 fed, to a enlaulstodPoint tot coff[Oc at Tba point of cuvvature of a cuxvD to the left, having umdius. of 2914,83 fact, Ft ccnt�nl Rage of 17054' W, and a ieugeut of'417,40 feet; T13ENM (*nOnning along said wu8t lip and with sold curve to tho IeftBIT an KO distance of 907,41 Poet (Chord Bamlt<g NoNh 10'53'581" East - 903.75 feet), to a caloolated pointfoi corner'; 'I'I-jWCH, Nolilt 01058152" F?11st, vanflmling olnng astd watt111rte, for a diatauco of M-33 fit, to a (WoOsted polrttfor comr at the northwest corns• of said 2.38.614 aa--0 tract; THENC1% ougi 8814TIS"I3aK, along the 1lotffi line of sold 2M.614 $ore tract, fof a distanco of ' 1359,79 fcot, to a 4" x4" concratoinonumont, found; TE CS, South 88°52' 10" East, contillulag along said IZOAb line, for u distance of 661.91 sect, to a 4"x4" concn" monummt fmind; G coI Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421- Exhibit B 7FENCE, Sokith 88'46'3091W, outs nning along s4id noklh line, for s 41stnrwe, of 114R.22 feet, to a 5!8 inch Im rod found; - MENCB, Sot th 88°16'31" BRO, contimiing aimg said north luxe, for A dhtme of 1556.75 feet, to the POINT OF}3 AGINt ING qnd cwfl Wng 569,397 Borg oflan,d. i6 S d. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase IC County Road 421— Exhibit B LEGAL DESCRIPTION TRACT R IGate■ uMd V130,16 DEMI FUM 24.27 Acras :I 1AIM III Me 4M@ of rokim C$Wlky at NII Iran pair of Ilur 0ragd4su11 Sfe' uk %Ulv , Antliek rfo. M. Wig ilea [Wirt of a "IM oora lkatk II w rowdod under �drinky Clorl, I , k1f - 000111 Af' the Colltq �olj* Gang 1{oWs with lwid liralnlroa Jielnp auto portIgibrly ifnseilileif as $r'IIU 4r U.IR+prti1lNr# sII 0 1Millucef KI)m fuuud ltwMug the hdeiwaicui of uia vKit rhiulte lydddle Ar WizV JtaaQ 422 wilIi the rfr!ti Plot-orway 111sa of SIAIA Hlghwoy ND. 6 ocdd conlor Ixla; mo iomthml senior' of IN hnrolrl-dowrlhod promkou and tl10 rmiheost ornnr of u A." +taro kol as naardNI ld VAPw Mo. 1'ao N 1 61 ihis -PAR r` it* LnM Mitods, TKNOE with the kr lto Irilddlo 0 Cowltity roud 122p Hie aodUl Irile ul udd proriL eR illld 11,9 nolrk pier of WU 00 acre Not, 4hot 741.90 to6t #o a rullraotl Grkkv Pot at i is o�pPpr000f mb collj�t14� InjoliaRklon of Cwnly Road 422 wtkh L'0Onty Rend 423 inapklnpp Elio Kod.1y4ak pnr11E1 of nufd ruyiralrkt, Ora nolEliwoaN e011WA, of WEI A.96 lrora Irm. Ind Whig 41 r1,a oast 111ie Ur Ndpyf'fr 17,4f19A bete teas#; 1HRIff all ilia gprlbzrrnnko rnrfl:lle of Lbrrniy WO 4 3 #i i ih4a ORI lIW nI linkl ramfaon, lhp sioni 11110 rA milli;4MFO orro trail, drul ilho "St 11ria off ewvd aniol froald of layul, Barth Flak, puAInq tI[ 270.7P.. IM cl Irom rod Mid, pri I11.4 a1 14Ui tool n �,.bcfr Iron rod foulr,d, P4ef44j 0 pk95 I66t a 9 4dr kon iod 14urlr, pgd Ktill ck 73frM laal a �-rnolr resin roll i0U11{r, paaollrp tit 0016400 k �e-rant hvA rod towcK peering ml 1M.00 feat o fSV_ will towd Niwki g ihu rnkotaaoklon of CavFMy A"d IW6 ( odIog ,r�u�l), a*ipig at I10,54 feol u Rkl., Iuill 1`40101 -arid aanI1WMg for c1 MI �h'artyi144 V 119-DO rtai to d I'Viln-W eplkn Act nler q chi 1161drrrant ovrnrr M wlsl pol3i ,os Hair klio auuUrrruk omridr of a 1.6 Nro frank m romxhid +inor 4airlrty MA 94-011140 W {lie Oull1a f:uunky btrig Ii4laor11u1 IJIME with iho ii0li Jkic rrr ndil luenilana nod flirt darl!2r Mo 0 onrd 1.21 W-0 lrmol, Harlh 00,4110, rfal. vousln9 al; 2104 ifoat a 9-11%% NIP rtld f1 jjW I1101KdIg IN cou k mt milor of rrei4 1,21 4Cra Wal olld Uw aautlivuek corlw of o MH ours tract (601M the miwly t1aiHal a1 [1 6.2b dpw f1dcl as lucadehl fn volulno &H. Pop Wjb nI fhb Gaunt Nqnty lwwr flsfeuvjki) inr a widl ills ovo or M76 1e61. io n UCA eoRod koll Tcd r�oAd Ili [lit nest irgrsi-afrmry tlna of SWko Hl+oluq W, G I114Ipikuf [Ile couilmst c9inu e sill SM gcla Im6l plltl k11A aiarlrl"l iurw?r if uliH profftm 7#ie E wlWr I& ,1a1�1urly Pw a4 mill Irrelfilkar lilt! tlho rfeuturly 110it--uk" AS of Sklte *IMrq kfa. fi dy fotalrs: ,'inukh o 1i71'%30k %c 120.22 i4al ID 0 Mmnn cnppal M-rneli kin rat ook rnarkhl9 #Ira hng1rrnlq of a o" In lire dlafll; SnulIYN*%rly iftj mW o wxe having a o6nk4 onl1f, od 114'aftl' Ali a mllsla of n9{ ?2 fflok, W dr1 Are *tfreo of OWA f6ot �6ord - fr`oulk k7G, k40" 41(+a1. A0 M, ivall) %u tr lkcnme clI red }-lneh trim rod 11ak eforklrYj # I1 Dad of umhl Own; Sixth 1Fr N OR %aSR, idd,b$ Kswk is 1110 poll of 1491-111114 alNI oon'ulning 1.057,338 alldwa feat e1' PAX netts or hPA, Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase IC County Road 421- Exhibit B LEGAL DESCRIPTION TRACTS 1,FGAL b5SC IPTION VIN0 H 39.9941 QDM irttj orlejjci Ww(e0 in iltia CaRAHOlSDN GTAPK SUR1r-�1r,AOR'Z'ffflM Ma M �,PlElrl ',;Kjo71y,'fexna �41id king pwl W ftl celfed 174,M aore tracl of land aonveye(l by 00d ID H- $- w0an0, dmled June I s}, 7 ��'�, reanraa�cl Irti Vaiwtta 4 ��, Pskye 7A�, d I1#�co rtla, Cr�111rr Gouniy, � ip•R•�•C.7,} eJ�€t �aing mom WtbldSFIV tdeeGrlh@Pd as 1011OWN KNIWO al a IM Ir0h rod KIM for cord t In blia eeul114e0 rPg w*vjay lira fit III,? �{ ul .-I IN nmo f fl and d fs I OV K.CM) fled being in Mh-b tohlot of Cajnry R0 421 #10d tx�IrrQ 9,9 4 fibre kid OfIM1 1 f1FNOP- N 10 de61, 66 mli1. Do ostE4 PWO the Wll A81. 0111-OFM 1106 f 11-FR,rt„ s �lOaN*3 nf'1,96�,+10 ie�t ad o TnmdCl#� nfdrfix �ihanre�o �Gw�l �lrVolui�i� 4�tha 1wes,01�,��� ��o I�.if,i1.� � tobd 21 ry �'� t��,�t nt faild �:orrreYetl by 6 to c1q. P wnhx 0 voo, I, Wong lie Fount lln�] of aaltl '19.211 Wo Ir&A of UM fond slab Lj1ong lbtl $�ulh 1110 or 10,p11 #lute Iratt Gf loq ovvoy d by dAM 10 to°p R. Cur;n1il+ghen1, rol�15xled hti VONIr19 4002L PW 38. f ..'k'„ in dlstall40 q€1,81%0 t foal; t# iN M, Iron rod louikd for cmr3ow' arvl N)lk,fk Iliamki Wl wrnef flf s l n+:1I l3, nrilrkghoir, iri,cl of loild UA being In tto ova*t Ifne 01 ave11ad f3.164 my Wal ONEInd wnwypd by d"d AIWFfnnl� racaddoQlh 000007kt "0140, Jr HENCE 8 01) dmp, 44 rnlrk �13 W. I~, 419" OD wort flub - of esfd 10,4tk� acro lrjratof larld, b MWLM of K,116 ioel tp N 1J2¢ Iran rod kSpl Fcil �oMar and Mnp In ifia 0111 f of Coteljy 11%(I IZI, wd oleo bolaD ll�e snulkx "t iv)Tner f 8�i911D,K�+1 acre lr9�at o[f�ntl; 1 I�hIC N 60 d", 44 iwflrl. �0, 4N, f tk k{� U rn c nler of I Gotk�lly i sd 4 i, ~`iaix a of 1.7 4,4 4fi 1 DINT p BEGINNil-l0 Alin oarilalnf l� 1,742,160 %q, H- ur 3p, 5 sow aliarril Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B 7 ; ! �41 4.111 ACRES I Oft In,976 SQUARE faanana I ANNA TfMN [EMIEP I mfYtuunfNt NPM9rn I M141 N3001315Ml0 I PPACCT. I +YP lI ]rw znac � PLKE PF - er3aarenrc BEING 4.086 acres (177,976 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 4.086 acres (177,976 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas (O.P.R.C.C.T.); said 4.086 acres (177,976 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a mag nail found for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., same being the North line of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract), as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same being the South line of said Granderson Stark Survey, same being the North line of David E W Babb Survey, Abstract Number 33, same also being in East Foster Crossing Road, also known as County Road 421; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase IC County Road 421— Exhibit B THENCE North 89 degrees 11 minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract, and with the common line between said Granderson Stark Survey and said David E W Babb Survey, and along said East Foster Crossing Road, a distance of 333.98 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, departing said survey line and said East Foster Crossing Road and with the common line between said Anna Town Center No. 8 and said 40 PGE tract, a distance of 529.48 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northwest corner of the herein described tract; THENCE North 89 degrees 49 minutes 30 seconds East, departing the West line of said 40 PGE tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of the herein described tract, same being in the East line of said Anna Town Center No. 8 tract, same being in the West line of said Miller tract; THENCE South 00 degrees 06 minutes 25 seconds East, with the common line between said Anna Town Center No. 8 tract and said Miller tract, a distance of 535.21 feet to the PLACE OF BEGINNING, and containing a calculated area of 4.086 acres (177,976 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B Tract 5 — Survev and Legal Description xn•, «wig„". a440rm � ? ��hr.xl'.Ci. Hd] `5����. � i�6mwe onxcct. crux �.,� onr_er.f��0. irSi.i.• .w.N �y FFCC I LJ c II� 1E, 6.013 ACRES -,�4_'_ y _ of OR 261,919 SQLl4RE fE� � �a°+nM �- PQMWN OF niIXNM 'r 11 �r' I ,wNO. ikT1 ETC, I f• IXV7TR4M1EHT HIM9Ef 1�; �N 2M"a W315M ! � .II rF! I va 0.rxGC�� rw rl I $ f — i! —INS Ra r r I i T �� + r � .bYdHu*PIFI,r1IX a[rncc• � f . ''Nam—r'$p---� . uaF iao-rw�n® w.r�.�xno-.x mr.��n� .a:4°ov�or.n,.rr �_W ener, vxxrn. l�•�^e'^•-- ° _ .tlJ0.1F,�IriE r. nrarr• nraye�P:a�A!ll••J� BEING 6.013 acres (261,919 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 6.013 acres (261,919 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.); said 6.013 acres (261,919 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northwest corner of said Anna Town Center No. 8 tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase I (hereinafter referred to as Anna Crossing Phase 1B), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Town Center No. 8 tract, and said Anna Crossing Phase 1B, a distance of 335.89 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Town Center No. 8 tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instrument Number 1993-8676, O.P.R.C.C.T.; Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase 1B and with the common line between said Anna Town Center No. 8 tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Town Center No. 8 tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Town Center No. 8 tract and said Miller tract for a total distance of 778.53 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of the herein described tract; THENCE South 89 degrees 49 minutes 30 seconds West, departing the West line of said Miller tract, and crossing said Anna Town Center No. 8 tract, a distance of 334.71 feet to a five -eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southwest corner of the herein described tract, same being in the West line of said Anna Town Center No. 8 tract, same being the East line of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, O.P.R.C.C.T.; THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Town Center No. 8 tract and said 40 PGE tract, pass at a distance of 586.15 the Northeast corner of said 40 PGE tract, same being the Southeast corner of said Cunningham tract, continue same course with the common line between said Anna Town Center No. 8 tract and said Cunningham tract, for a total distance of 783.83 feet to the PLACE OF BEGINNING, and containing a calculated area of 6.013 acres (261,919 square feet) of land. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B EXHIBIT C The Roadway Project (ZJO 0 NV -id NIV6U N"Jois qISO vis��re.,el�x e•e<I.Ils��u•'s••.Ia•=ex-rxu r�eum, �.'••i is rA SNI833NISN3 SVX31'VNNb b ZI 3 IS IN N v S "J 01� 3SVHd ONISS080 NMOl VNNV • I 9 + r I I e I I I I i k } 1 I d F rlJ ba� i , ahlki i5�y� ��yyyy F s 3�� I GE 5'Z7 — lit;,., C _ 8$ I yy , I °g�g�'fl:Iil� J 3NIrI11YA Y' ;I Ig ee j 3NYI1rrA qq 1 I u • I I fj G i � Sx• 4 I �� I '� �L 6i SS 6 � I ! K��ae i i Its G�� s w�ira xA;, I r p ad I s I a0 I + b b I I @pia ,zl I I - r , I mM p .+�• II b M1� .�INHi� +o+a me 1 o-. � .ae ww. r�.y+ x.r,.+:Tf.w - wn.e ne v.l •w-.�-4c�(wa...a "•.ns� c.e\�«N�. .r. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421— Exhibit B EXHIBIT D Breakdown of Costsl PROJECT QUANTITIES- CR 421 IMPROVEMENTS 4/15/2020 SECTION 1-ENGINEERING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTALCOST 1.1 Geotechnical Investigation 1 LS $0.00 $0.00 1.2 Design Survey 1 LS $1,500.00 $1,500.00 1.3 Engineering Design 1 LS 1 $7,500.00 TOTAL COSTS $9,000.00 SECTION II-MISC ITEM I DESCRIPTION QUANTITY UNIT COST/UNIT TOTALCOST 2.1 Material Testing 1 LS $1,200.00 $1,200.00 2.2 ROW Acquisition (estimated cost) 1 LS $0.00 $0.00 2.3 Construction Staking 1 LS I $1,250.00 I $1,250.00 2.4 As Built Plans 1 LS $200.00 $200.00 TOTAL COSTS $2,650.00 SECTION III -EROSION, GRADING AND DEMO ITEM DESCRIPTION QUANTITY UNIT COST/UNIT h, TOTALCOST 3.1 Site Work -Initial Grading and Cut Back 1 LS $2,500.00 $2,500.00 3.2 Site Work -Tree removal, Disposal and Demolition 1 LS $0.00 $0.00 3.2 Site Work -Asphalt Removal and Replacement 130 SY $150.00 $19,500.00 3.3 Remove Existing 60" CMP 1 LS $2,000.00 $2,000.00 3.1 Site Work-Backfill and Fine Grading 1 LS $1,500.00 $1,500.00 3.8 Erosion Control - Drainage - Silt Fence -With Wire Backing 600 LF $2.00 $1,200.00 3.9 Erosion Control - Grassing -Seeding -Square Yard 25000 SF $0.25 $6,250.00 TOTAL COSTS $32,950.00 SECTION IV - STORM DRAINAGE ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTALCOST 4.1 10'x4' RCB 189 LF $750.00 $141,750.00 4.2 3-10'x4' Headwall - TxDOT (PW) 2 EA $50,000.00 $100,000.00 4.3 Grouted Rock Rip Rap 45 SY $115.00 $5,175.00 4.4 Traffic Control 1 MO $3,500.00 $3,500.00 TOTAL COSTS $250,425.00 TOTAL $295,025.00 $0.00 1 Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Roadway Impact Fee Reimbursement Agreement Anna Crossing Phase 1C County Road 421- Exhibit C 4817-7010-7834v.4 19719-103 4/20/2020 Exhibit 1— Proposed Improvements I STA 0+62.00 - EAST FOSTER CROSSING CULVERT CONSTRUCT HEADWALL FOR 3-10X4' RCB PER TXDOT DETAIL PW - FL 3-10'X4' = 694.26 1EAST-fOSTER CROSSING ;CULVERT- I� EAST FOSTER CROSSING ROAD STA 0+00.00 - EAST FOSTER CROSSING CULVERT CONSTRUCT HEADWALL FOR 3-10'X4' RCB PER TXDOT DETAIL PW FL 3-10'X4' = 693.94 � I I I f ------------ fl _ F REMOVE EXISTING 60" CMP AND INSTALL 3-10'X4' RCB --------------- A- 1150 SO FT OF GROUTED Proposed Scope Replace existing 60" corrugated metal culvert pipe with three 10'x4' concrete box culverts for future road widening b Exhibit 2 — Existing Drainage Problem Areas 4 1 f I, fi � Historical area of ponding and drainage issues Existing Undersized Culvert F � r y . Anna Town , 1 Square V . IOU J. fir f ■ r. w Colin County Outer 'T _ Loop 1 AL P. k ' - +- THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 5/26/2020 Approve a Resolution adopting the 2020 City of Anna Strategic Plan. (City Manager Jim Proce) SUMMARY: The City of Anna Strategic Plan: 2020-2025-2035 was developed through a collaborative effort amongst the City Council and City Management through the consulting guidance of Sumek Associates. The 2020 Strategic Plan is an update to the 2019 Strategic Plan, and retains the City's Mission Statement, Vision Statement, Core Values, and charts new Goals for achieving success. The 2020-2025-2035 City of Anna Strategic Plan represents action; definitive goals with deliverables, guided by a mission statement and born from a vision of what we, the City Council representing the neighbors of the City of Anna and the community builders serving as public stewards, will have this City become. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the Updated City of Anna Strategic Plan: 2020-2025-2035 and its elements. ATTACHMENTS: Description Upload Date Type Resolution 5/22/2020 Staff Report 2020 Strategic Plan 5/21/2020 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING THE 2020-2025-2035 STRATEGIC PLAN WHEREAS, the City Council of the City of Anna, Texas ("City Council") working together through a collaborative process, has updated the City's Strategic Plan that includes a Mission Statement, a Vision Statement, Core Values, Strategic Goals, Actions, and Deliverables; and WHEREAS, the Strategic Plan is a working document that provides guidance to the City Council and Staff when making budgetary and operational decisions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Strategic Plan Adopted The City Council hereby adopts the 2020-2025-2035 Strategic Plan attached hereto as Exhibit 1, and incorporated herein the Mission Statement, Vision Statement, Core Values, Strategic Goals, Actions, and Deliverables of the Strategic Plan. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26th day of May 2020. ATTEST: APPROVED: City Secretary, Carrie Land Mayor, Nate Pike THE CITY OF STRATEGIC PLAN 2020 - 2025 - 2035 Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Table of Contents Strategic Planning for the City of Anna 1 Anna Vision 2035 3 Anna City Government: Our Mission 9 Anna City Government: Core Beliefs 14 City of Anna Plan 2020 — 2025 19 City of Anna Action Agenda 2020 — 2021 37 Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas STRATEGIC PLANNING FOR THE CITY OF ANNA Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Strategic Planning Model for the City of Anna Value -based principles that describe the preferred future in 15 years Strategic goals that focus outcome -base objectives and potential actions for 5 years Focus for one year — a work program: policy agenda for Mayor and Council, management agenda for staff, major projects Principles that define the responsibility of city government and frame the primary services — core service businesses Personal values that define performance standards and expectations for employees VISION Destination "You Have Arrived" PLAN Map "The Right Route" EXECUTION Itinerary "The Right Direction" MISSION Vehicle "The Right Bus" CORE BELIEFS "The Right' People" Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas ANNA VISION 2035 Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Anna Vision.2035 ANNA 2035 is a COMMUNITY OF FAMILIESO) that is BEAUTIFUL(2) and SAFEP). ANNA 2035 has a VIBRANT DOWNTOWN (4), GREAT HOUSING OPPORTUNITIES(5) and a DYNAMIC BUSINESS COMMUNITY(O. ANNA 2035 is a FUN COMMUNITY FOR ALL(7) and has CONVENIENT MOBILITY OPTIONS($). THE PREMIER COMMUNITY IN COLLIN COUNTY! Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Anna Vision.2035 PRINCIPLE I PRINCIPLE 2 COMMUNITY OF FAMILIES SAFE COMMUNITY ► Means 1. Top-quality schools and educational programs working in partnership with the City and contributing to the Anna community 2. Sense of community — neighbors taking pride in and contributing to our Anna community 3. Sense of personal safety 4. Strong community events and festivals that bring neighbors together 5. Strong community organizations and institutions partnering with the City and each other for a better Anna community 6. Opportunities and facilities for family celebrations 7. Youth sports opportunities 8. Life cycle family housing for all generations ► Means 1. Police involved in and knowing the community 2. Low crime rate 3. Effective recruitment and retention for public safety staffing — Police and Fire 4. Effective emergency management preparation, response and recovery 5. Neighbors feeling safe and being safe 6. Timely emergency medical response 7. Police presence in every neighborhood 8. Timely and appropriate response to both emergency and non -emergency calls for service 9. People feeling safe anywhere and anytime in Anna 10. Safe schools 11. Using volunteers for community safety 12. Proactive policing throughout the community Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas PRINCIPLE 3 BEAUTIFUL COMMUNITY ► Means 1. Design standards that promote beautiful and enduring buildings and commercial areas 2. Well -designed, attractive streetscapes and medians on major highway corridors 3. Attractive gateways with unique and distinctive entrance signs/monument for Anna 4. Well -designed, well -maintained City facilities, buildings, parks, and trails with distinctive signage 5. Preserved some natural areas/open space through the community 6. Well -maintained, attractive neighborhoods and single- family homes complying with City codes and ordinances 7. Attractive and high standards for neighborhood entrances 8. Clean community without litter or trash 9. Mature trees planted throughout the community 10. Standardized, well -maintained neighborhood fences and walls PRINCIPLE 4 VIBRANT DOWNTOWN ► Means 1. Successful retail businesses — small niche and locally owned 2. Variety of restaurants — national and local 3. Activities for evening, weekends, and daytime 4. Civic Center serving as a community focal point and destination 5. Music businesses and venues 6. Open community space available for community events and festivals 7. Easy access with convenient parking 8. Adult activities and opportunities — evening and weekends 9. Effective wayfinding signage system 10. Walkable and pedestrian friendly Downtown Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas PRINCIPLE 5 GREAT HOUSING OPPORTUNITIES ► Means 1. Strong code compliance protecting and enhancing the appearance, protecting property values and supporting neighborhood integrity 2. Well -maintained neighborhood streets and infrastructure 3. Safe neighborhoods and routes to schools 4. Access to trails connecting neighborhoods and community destinations 5. Parks and playgrounds accessible to neighborhoods 6. Residential neighborhoods with amenities 7. Well-built and well -maintained housing stock with distinctive character 8. Diverse housing choices for all family generations: small lots, townhomes, estate homes, "ranchette", apartments, mixed -use development 9. Housing developments designed to create a sense of place — a neighborhood community 10. Safe, well -designed, well -maintained multi -family and single-family rental housing 11. Well -designed, high quality multi -family, townhomes, and single-family developments 12. High percentage homeownership in single-family subdivisions PRINCIPLE 6 DYNAMIC BUSINESS COMMUNITY ► Means 1. Attractive commercial centers with well -designed and well -maintained landscaping 2. Ability of neighbors to work in Anna 3. Range of quality restaurants for family dining and celebrations 4. Sustainable medical and healthcare businesses, facilities and services 5. Sustainable Business Park developed with technology related businesses and major diverse industries 6. Collin Community College or other higher education institutions campus focusing on technology 7. Professional services available in Anna 8. Amateur sports destination — sports fields and supporting hotels 9. Banks and financial institutions 10. State-of-the-art information technology infrastructure for businesses and homes 11. Employment Corridor with a variety of light industries and major office development Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas PRINCIPLE 7 FUN COMMUNITY FOR ALL ► Means 1 • Multi -purpose entertainment centers 2• Top-quality public library/community resources/learning center serving as a community information center and providing a variety of programs I Adequate athletic fields for recreation, competition, and tournaments 4. Variety of specialty parks responsive to community needs/desires [Splash Pad, Dog Park, Festival Site, etc.] 5. Community/Recreation Center with programming and classroom spaces 6. Range of recreational programming for all family generations 7. Distillery/brewery s. Indoor youth sports facility 9. Movie theater complex 10. Senior programs and services 11. Well -designed, well -maintained parks and playgrounds accessible to all PRINCIPLE 8 CONVENIENT MOBILITY ► Means 1. Well -designed, well -maintained City streets 2. Wayfinding signage throughout our community 3. Well -designed, well -maintained and safe City trails 4. Roads connected for easy movement by automobiles in Anna 5. East -west travel options 6. Pedestrian -friendly neighborhoods and school routes with safe crosswalks 7. Safe, well -designed sidewalks 8. North -south travel options 9. Bike lanes and trails connecting neighborhoods and community destinations 10. Planning for and accommodating mobility trends — shared vehicles, autonomous vehicles, scooters, etc. Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas ANNA CITY GOVERNMENT0 : OUR MISSION Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Anna City Government Our Mission The Mission of the ANNA CITY GOVERNMENT is to provide EXCEPTIONAL CITY SERVICES AND FACILITIESM in a FINANCIALLY RESPONSIBLE(2) and NEIGHBOR -FOCUSED WAY(3) through a HIGH -PERFORMING, PROFESSIONAL CITY TEAM(4) that provides results in adding VALUE TO NEIGHBORS' LIVES(5). Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Anna City Government Our Mission PRINCIPLE 1 PRINCIPLE 2 EXCEPTIONAL CITY SERVICES AND FACILITIES 00- Means 1. Planning for future City services to accommodate growth 2. Defining the City services and service priorities 3. Listening to the community — distinguishing "needs" from "wants" 4. Anticipating future service needs from the community 5. Developing Department service and master plans for today and tomorrow 6. Providing services and addressing issues in a proactive manner 7. Having national and state accreditation for departments, service rating and national awards/recognition 8. Streaming, simplifying and integrating processes for timely and convenient City services FINANCIALLY RESPONSIBLE Means 1. Having responsible tax rate for the long term 2. Delivering City services in a cost-effective and efficient manner, including contracting for service delivery 3. Developing financial forecasting models and multi -year financial planning 4. Leveraging City resources through grants and partnerships 5. Diversifying and expanding revenue options for City government 6. Developing and using a capital improvement process and community investment plan 7. Having competitive compensation based upon merit and performance 8. Having adequate funding and resources for defined City services and service levels 9. Having financial transparency Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas PRINCIPLE 3 NEIGHBOR -FOCUSED ► Means 1. Having City managers and employees empowered to solve problems and to make decisions 2. Demonstrating caring and compassion for the individual 3. Providing a timely acknowledgement and then a planned, appropriate response to an inquiry or request for service 4. Listening to and understanding the individual's needs and issues 5. Seeking and using feedback from the community and the individual 6. Having a sense of stability and clarity of direction for developers and businesses 7. Looking for ways to say "yes" 8. Looking for ways to solve problems and address issues/concerns 9. Acting in and presenting a professional image 10. Having "customer" friendly City buildings, offices and facilities 11. Measuring the neighbors' outcomes 12. Taking ownership and being responsible for services and actions 13. When "no" is the answer, taking time to explain the decisions and actions PRINCIPLE 4 HIGH PERFORMING, PROFESSIONAL CITY TEAM ► Means 1. Working as a CITY TEAM — Mayor -City Council and City management -staff 2. Providing timely implementation of Mayor -City Council directions and decisions 3. Acting with highest level of integrity and transparency 4. Developing and using a strategic planning process with Vision, Goals and Annual Work Program 5. Defining and achieving goals and performance standards/expectations 6. Having a professional City organization operating with the highest ethical standards 7. Being responsible and accountable for actions, decisions and results 8. Acting with a sense of urgency 9. Becoming an "Employer of Choice" 10. Becoming active in professional organizations 11. Being an "ambassador" for the City and community 12. Having open, direct and timely communications Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas PRINCIPLE 5 VALUE TO NEIGHBORS' LIVES ► Means 1. Planning for and managing growth 2. Maintaining a safe community 3. Engaging the community in the City governance and planning process 4. Investing in future City facilities and infrastructure that support growth 5. Having effective communications with the community using a variety of methodologies 6. Having transparent City processes and information 7. Enforcing and seeking compliance with City codes, ordinances and regulations to protect the community and property values 8. Having neighbors taking pride in saying: "I live in Anna" Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas ANNA CITY GOVERNMENT0 : CORE VALUES Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Anna City Government Core Values ANNA TEAM C.A.R.E.S. C =CREATIVE A =ACTION R =RESPONSIBILITY E =EXCELLENCE S =SERVE Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Core Beliefs — Definition VALUE TEAM ► Means 1. Participate actively on the team 2. Know and practice your role and responsibilities 3. Communicate in an open, direct, and timely manner 4. Keep others informed — avoid surprises and last minute communications 5. Represent the City in a positive manner 6. Be an active listener 7. Recognize the contributions of other team members 8. Celebrate team successes — City or work unit VALUE CREATIVE ► Means 1. Know "Best Practices" and evaluate their application to Anna 2. Look for ways to continuously improve services, processes and daily operations 3. Challenge the "status quo' — avoid "we have always done it this way" 4. Look for ways to become more efficient and to reduce the cost of service delivery 5. Keep the "big picture" in mind — be open to new ideas 6. Look for ways to maximize productivity with available resources — be resourceful. 7. Anticipate issues and opportunities 8. Learn from setbacks and failures Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas VALUE ACTION ► Means 1. Provide a timely acknowledgement and response 2. Complete the task on time and within the budget 3. Measure your performance outcomes and use to improve performance 4. Do the right job right the first time 5. Provide a 24 hour response to an inquiry 6. Anticipate and look for solutions of problems. 7. Take the initiative 8. Act with a sense of urgency VALUE RESPONSIBILITY ► Means 1. Deliver on your promises and commitments 2. Act with honesty and integrity 3. Be accountable for your actions, decisions and the results 4. Act in a professional manner 5. Take ownership of the task 6. If you say that you will do it, do it 7. Dress in a professional manner 8. Have a positive, can do attitude Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas VALUE EXCELLENCE ► Means 1. Develop your knowledge and skillsets 2. Seek training and professional development activities 3. Develop work plans based upon the Strategic and Master plans 4. Define goals and performance standard 5. Deliver results beyond expectations — go the extra mile 6. Exceed expectations 7. Develop plans for personal improvement 8. Showcase performance excellence and achievements VALUE SERVE ► Means 1. Listen to our neighbor striving to understand their concerns, our issues 2. Look for ways to say "yes" and help our 3. If "no" is the answer, take time to explain your decisions and actions 4. Be engaged and present in the community 5. Have passion for public service and your job 6. Provide a timely follow up 7. Be courteous and polite 8. Act with caring and compassion for your neighbor Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas CITY OF ANNA PLAN FOR 2020 - 2025 Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas City of Anna Goalsfor 2025 GROWING ANNA ECONOMY ANNA - GREAT PLACE TO LIVE SUSTAINABLE ANNA COMMUNITY THROUGH PLANNED MANAGED GROWTH HIGH PERFORMING PROFESSIONAL CITY Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Goal 1 Growing Anna Economy OBJECTIVES 1. Maintain and enhance an effective economic development organization that markets Anna, finds prospects, and closes the deal 2. Expand the commercial tax base 3. Provide more jobs for neighbors 4. Develop parcels along U.S. 75 with viable businesses 5. Have a built -out Business Park 6. Have expanded medical and healthcare services, including Clinic and Outpatient Surgical Center(s) 7. Expand retail, restaurant and entertainment businesses VALUE TO NEIGHBORS l . Jobs for neighbors 2. Ability to work near home — freer personal and family time 3. Anna — reputation as "business -friendly" 4. Protection of property values 5. Creating a "sense of business place" 6. Convenience for eating and shopping Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Developing the corridor Highway 455 interchange and U.S.75 2. Partnering with the business community and community organizations for economic expansion 3. Land available for business development and strategic acquisition 4. Funding mechanism for economic development 5. Helping small businesses to thrive with COVID-19, high rental rates and the "Amazon" effect 6. Finding tenants for the Business Park 7. Strengthening the perception that Anna is "open for business" 8. Having additional Economic Development staff LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Expanding the Anna brand through an effective marketing program 2. Developing sport tourism and facilities 3. Getting Anna on the "radar screens" of restaurants and retail businesses 4. Defining the role of the Chamber of Commerce focusing on business retention and growth 5. Tapping the potential medical and healthcare business development 6. Competition from nearby communities for businesses 7. Having City fees comparable to other cities Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas POLICY ACTIONS 2020 — 2021 MANAGEMENT IN PROGRESS 2020 — 2021 1. Restaurants and Entertainment Attraction I High Priority 1. Trade Shows/Marketing Materials Strategy: Direction and City Actions 2. Community Resource Guide: Update 2. Small Business Support/Assistance High Priority 3. Economic Development Website/Search Engine Program: Grants, Direction Optimization: Expansion 3. Business Park Activation: Marketing and High Priority 4. Development Forum Event Business Recruitment 5. Land and Property Database: Development 4. Economic Development Incentives: Policy 6. International Economic Development Awards Direction and Funding 7. Annual Business Appreciation Event 5. Collin Community College Campus 8. Targeted Businesses Analysis Development: Location 6. Chamber of Commerce: Revised Mission ON THE HORIZON 2021 — 2025 MANAGEMENT ACTIONS 2020 — 2021 1. Weekend Destination Plan: Report, Direction and Funding 1. Medical Campus Business Development: Top Priority 2. 3. Project Movie Theater Community Destination Plan/Strategy: Direction and Next Steps Development a. Surgery Center b. Emergency Room 4. Major Sports Complex Development: Report, Direction, c. Medical Offices and City Actions 2. Economic Development Strategic Plan: Top Priority 5. Sports Tourism Strategy: Link to Parks Master Plan Adoption 6. Hotel Development: Marketing and Business Recruitment . 3rity Highway 455/U. S. 75 Four Corner High Prio 7. Wal-Mart Outparcel Development: Marketing and Activation Development Agreements 4. Clean Up Site (Holiday Inn Express Site): 8. Warehouse/Distribution Center Attraction Strategy: Goals, Direction and Funding Direction, and City Actions 5. Breakfast Place Development: Next Steps 6. City/EDC Branding and Marketing Program: Direction and Development Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Goal 2 Anna — Great Place to Live OBJECTIVES 1. Develop a new City Library 2. Increase the number of "family -oriented" restaurants 3. Develop a major Community/Recreation Center 4. Maintain a safe community — people feeling safe and secure 5. Increase the number of sports/athletic fields 6. Expand community festivals and events with a feeling of community pride 7. Have strong partnerships among the City, the Schools, and community organizations 8. Have attractive gateways and entrances that are distinctive for Anna VALUE TO NEIGHBORS 1. Convenience — no need to leave Anna to shop or eat 2. Feeling safe and secure 3. Leisure activities for all within Anna 4. Easily access parks with a variety of venues 5. Recreational and leisure choices within Anna 6. Support for a health and active lifestyle 7. More reasons to stay living in Anna Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Funding for new recreational facilities development 2. Need for a Library/Community/Learning Resource Center 3. Creating a more attractive, beautiful community 4. Developing and funding athletic fields — recreational uses, competition, and tournaments 5. Lack of retail stores — must shop outside of Anna 6. Funding for the operations and maintenance of recreational facilities and parks 7. Developing and funding trails within Anna and connecting to community destinations, including lighting and safety markers LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Lack of family -oriented restaurants in Anna 2. Expanding and funding community policing activities — involving the community to create a safe Anna community 3. Competition between recreational and competitive sports for fields and practice space 4. Staffing and funding for recreational programs and activities 5. Defining the City's role and funding for community events and festivals 6. Developing neighborhood parks run by the HOA 7. Working with community organizations and the faith community to create a better Anna community 8. Increasing demands for trails linking community destinations 9. Working with developers on agreements regarding neighborhood parks Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas POLICY ACTIONS 2020 — 2021 1. Library/Community Resource Center/Learning Center: Direction and Next Steps 2. Outdoor Sports Complex/Sports Fields Development: Direction, Plan and Funding 3. Indoor Community/Recreation Center: Direction and Next Steps 4. Recreation Programs/Activities Expansion Service Level: Service Direction and Funding 5. Youth Programs/Activities/Partnerships: Assessment, Report, Direction and Funding MANAGEMENT ACTIONS 2020 — 2021 Top Priority High Priority High Priority 1. Green Ribbon Project — Median Top Priority Beautification: Advocacy, TxDOT Review and TxDOT Construction 2. Code Compliance Expansion: Report, Top Priority Direction and Funding (Additional Code Officer) 3. Tall Grass/Weeds and Mowing Services: High Priority Code Compliance Direction and Funding 4. Neighborhood Parks Agreements Comprehensive Review — Existing and Future: Direction MANAGEMENT ACTIONS 2020 — 2021 (continued) 5. Neighborhood Policing: Report, Direction and Funding 6. Rules and Regulations for Ballfields: Direction 7. Park Ordinances — Procedures and Processes: Update 8. Slayter Creek Park Improvements: Direction and Funding (Concession Stand and Splash Pad) MANAGEMENT IN PROGRESS 2020 — 2021 1. Neighborhood/Business Crime Watch Program 2. Rental Inspection Program: Implementation 3. International Property Maintenance Code: Revision 4. Train Depot Facility Use Agreement 5. All City Parks Assessment: Report 6. Community Races at Parks 7. Movies in the Park 8. Push Cars and Little Libraries in Parks (Anna ISD Project) Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas MAJOR PROJECTS 2020 — 2021 ON THE HORIZON 2021— 2025 1. Sidewalk Repair Projects 6. Recreation Department: Report, Direction and Funding a. Slayter Creek 7. "Keep Anna Beautiful Program": Direction, Development, b. Natural Springs and Funding Accredited 2. Johnson Park Renovation Project 8. Senior Center: Direction and Funding Mechanism • Bid 9. Natatorium/Swimming Complex: Partners, Direction and City • Begin Construction Actions 3. Train Relocation: Completion 10. Short -Term Rental Ordinance: Direction and Adoption 11. Property Maintenance Program Expansion: Direction and Funding (Workshops, Equipment and Tool Rental, ON THE HORIZON 2021— 2025 Neighborhood Grants, etc.) 12. Health and Environmental Services Programs Expansion: 1. Police Chaplain Program: Development Direction and Funding, "BIG" Event, Education on Littering, Waste Reduction, Disposal of Hazardous Household Waste, 2. Sherley Heritage Park Infrastructure Beautification etc.) 3. Crime Reduction Action Plan: Report, Direction and 13. Collin McKinney House and Statue: Location, Direction and Funding (including Crime -Free Multi -Family Housing City Actions Program: Direction and Funding) 14. Library Services Short Term: Direction and Funding 4. Entrances/Gateways Plan: Direction, Development, and 15. Concerts in the Park Funding 5. Community Events/Festivals Enhancement/Expansion: Direction, City Role, and Funding Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Goal 3 Sustainable Anna Community Through Planned Managed Growth OBJECTIVES I. Manage residential growth 2. Have growth paying for growth 3. Develop and use City infrastructure master plans to support growth 4. Have buildings and homes complying with City codes and development regulations 5. Develop Downtown Anna — a community destination 6. Have new buildings and homes that are attractive and using the appropriate building materials and meeting City's architectural standards 7. Develop City infrastructure to support a growing community 8. Have a diverse range of housing choices available in Anna VALUE TO NEIGHBORS 1. Quality housing choices 2. Anna with a real Downtown — a destination for our community and our guests 3. Protection of property values 4. City planning for, and investing in, future infrastructure 5. Easy connectivity and mobility within Anna and to metro area 6. Pride in a beautiful community 7. Clean and attractive community 8. Defining "sustainability" and how it applies to Anna 9. Developing/redeveloping Anna downtown into a "true" downtown 10. Managing and supporting growth Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas SHORT-TERM CHALLENGES AND OPPORTUNITIES Changing the tax base balance between residential growth and business growth — 90/10 to 70/30 2. Diversifying housing options within Anna 3. Managing and support growth guided by the Comprehensive Plan, the Capital Improvement Plan/Program and Master Parks 4. Working with TxDOT and Collin County 5. Preserving and developing Anna downtown a special place and community destination 6. Expanding east-west/north-south mobility connectivity within Anna LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Maintaining and enhancing the relationship and partnership with Anna Independent School District 2. Extending utilities in partnership with AISD and to the surrounding area for development 3. Adjusting utility rates to fund utility infrastructure 4. Reinvesting in/reinventing older neighborhoods 5. Having new developments adding value to the community 6. Funding for roads and highways 7. Assuring adequate and quality water supply for the future working with other water agencies 8. Funding for City facilities and infrastructure to support growth through a Capital Improvement Plan/Program 9. Responding to economic uncertainty and future economic recession impacting residential and commercial development 10. Developing basic community information technology infrastructure for our neighbors Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. POLICY ACTIONS 2020 — 2021 Downtown Master Plan: Development and Adoption Comprehensive Plan: Development and Adoption Parks, Trails and Open Spaces Master Plan: Development and Adoption Utility Rates: Study and Direction Ferguson Road Extension Design: Direction and Funding MANAGEMENT ACTIONS 2020 — 2021 Road Development: Review, Project Priority, ROW Acquisition and Direction City -Owned Land Inventory: Direction on Sale or Use Development Fees: Market Analysis, Report and Direction Long -Term Water Supply Policy/Plan: Direction and City Actions Public Improvement District (PID) Policy: Report, Direction and City Actions Zoning Ordinance: Clean Up MANAGEMENT IN PROGRESS 2020 — 2021 Top Priority 1. Zoning Maps: Implementation 2. SmartGov Permitting Software Top Priority 3. Building Department Full Staffing 4. Water System Audit: Completion Top Priority High Policy MAJOR PROJECTS 2020 — 2021 1. Hackberry Elevated Storage Tank Lighting Installation 2. Village of Hurricane Creek Infrastructure Project • ROW Acquisition • Bid Award • Construction Top Priority 3. Municipal Complex Sewer Line Relocation Project 4. Collin Water Pump Station: Final Scope High Priority 5. Hackberry Lane: • ROW Acquisition High Policy • Bid Award • Construction High Policy 6. TxDOT Traffic Signal Installation (2) • 41h Street/Highway 5 High Policy • CR 371/376 7. Rosamond Parkway: Engineering Plans 8. Taylor Road Reconstruction: • Preliminary Engineering • Final Design (with Collin County) Submission 9. East Fork Trunk Sewer: Preliminary Engineering 10. Wastewater Treatment Plant: TCEQ Permit Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas ON THE HORIZON 2021— 2025 1. 2021 TA Set -Aside Sidewalks: Application 2. Wastewater Permit Renewal Submittal 3. Water Board Membership: Direction 4. Municipal Separate Storm Sewer System (MS4: Permit and Funding [Dependent on 2020 Census] 5. Zoning Ordinance/Regulations: Update 6. Grayson Water Pump Station 7. Sewer Treatment vs Transport Study: Direction and Funding 8. New Water Tower: Direction and Funding 9. Schools Strategy: Goals, Key Issues, Direction and City Actions 10. Wayfinding Signs Program: Direction and Funding 11. Residential Architectural Design Standards and Manual: Direction and Development (Appearance Code) 12. New Fire Station (West of U.S. 75): Direction and Funding 13. School Site Dedication by Developers: Direction and City Actions 14. Historic District Designation: Direction and City Actions 15. Main Street Designation: Direction and City Actions 16. TIRZ for Downtown: Direction 17. SH5 Utility Relocation Project (TxDOT 2023 2035) 18. Subdivision Ordinance: Revision 19. Thoroughfare Plan: Update 20. Water/Waste Water Plan: Update 21. Grayson Pump Station: Design Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Goal 4 High -Performing Professional City OBJECTIVES 1. Upgrade financial systems and planning processes 2. Hire, develop and retain a professional City workforce 3. Have open and transparent City government that is trusted by the neighbors 4. Define performance expectations/standards and have managers and employees accountable for their behaviors and actions 5. Develop a professional City organization culture guided by City Core Values 6. Institutionalize strategic planning process 7. Have effective ways of communicating with the community VALUE TO NEIGHBORS 1. Service value for taxes and fees 2. Trust and confidence in City government that acts in a highly ethical manner 3. Timely response for a call for service — emergency and non - emergency 4. Customer friendly services provided with a personal touch 5. Opportunities to provide feedback on services and City performance 6. Opportunities to become involved in the City's governance process 7. Reliable delivery of City services Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Limited revenue options for the City 2. Keeping up with a rapidly growing community 3. Expanding proactive communications with the community — neighbors and businesses 4. Completing City Hall project and enhancing work space environment 5. Actions by the Texas State Legislature impacting City finances and services, including tax cap 6. City employee compensation linked to expectations and performance standards 7. Rising cost of delivering City services LONG TERM -CHALLENGES AND OPPORTUNITIES 1. Dependence on Collin County 2. Funding for training, employee development and succession planning 3. Funding for information technology upgrades — hardware and software, including online City services and ERP 4. Developing modern operating systems and processes 5. Understanding the evolving needs of neighbors — current and new 6. Having and funding competitive City employee benefits including disability program 7. Economic uncertainty impacting future growth and City finances 8. Streamlining the purchase order process Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas POLICY ACTIONS 2020 — 2021 MANAGEMENT ACTIONS 2020 — 2021 1. Bond Referendum: Project Package, Top Priority 4. Purchase Order System: Revision Direction and Timing 5. City Website Upgrade: Direction and Funding 2. Community Investment Plan/Program: High Priority 6. Employee Training and Development: Direction and Direction, Development and Funding Funding Mechanism 7. Employee Wellness/Benefits Gaps Program: Direction 3. Public Safety Services, Staffing and and Funding Equipment: Direction and Funding 8. Personnel (Human Resources) Policies: Direction and Revision 9. ERP: Direction and Funding (City Financial Software) MANAGEMENT ACTIONS 2020 — 2021 10. Online Payment: Report with Options, Direction and Funding 1. Five -Year Financial Plan/Model with Top Priority 11. Texas Warrant Roundup Participation: Direction and Projections: Development Funding 2. Stormwater Utility: Report and Direction Top Priority 12. Local Fire Ordinances: Review and Revision 3. City Contracts for Services: Direction High Priority a. Solid Waste Disposal b. Engineering Services c. Municipal Complex Janitorial Services Strategic Plan: 2020 - 2025 - 2035/Mayor and City Council/Anna, Texas MANAGEMENT IN PROGRESS 2020 - 2021 MANAGEMENT IN PROGRESS 2020 - 2021 1. Police Districting Plan: Implementation 23. Neighbor Leadership Academy: Development 2. Department Performance Metrics (Outcome -Based): 24. Fire Standard of Cover Report Development/Refinement 25. Servant Leadership Training Program 3. Public Works Accreditation: Scoring 26. Fire SOP: Review 4. Annual City Strategic Plan: Update 27. Firefighter Physical Agility Course: Revamp 5. SAFER Grant Re -Application 28. Fire Organizational Rank Structure: Institute 6. Body Camera Use Policy 29. SMART Data: Implementation 7. Budget Workshop for Mayor and City Council 30. NIMS Training and Exercise 8. Reward Program: Development 31. Police Leadership Training Program 9. Cash Management Administrative Directive 32. Ladder Truck (Quint): Design and Acquisition 10. Internal Control System and Process Administrative Directive 33. Fixed Asset Tracking Spreadsheet: Development 11. Financial Policies: Training 34. Emergency Management Protocols/NIMS Protocols: 12. Exit Interview Process Development 13. City Social Functions: Update (Potlucks, Employee Functions, etc.) 14. Employee Training Program: Implementation MAJOR PROJECTS 2020 - 2021 15. Annual Employee Compensation Adjustment 16. Annual Q 12 Employee Survey 1. Neighborhood Trailer 17. Financial Transparency Stars Program 2. Clean Up Day 18. Fire Engine 2: Replacement 3. Municipal Complex Project: Completion and Location of 19. City Engineer: Hired City Offices 20. Plans Examiner: Hired 21. Police Policy and Procedure: Update 22. Annual City Employee In -Service Day (Funding) Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas ON THE HORIZON 2021— 2025 1. EMS Services: Direction and Funding 2. Build a Playground: Next Project 3. Police/Dispatch Communications Protocol: Establishment 4. Community Survey: Direction and Funding 5. Municipal Court Dates Expansion 6. Victim Services Program: Grant Funding 7. City Government Marketing/Public Relations: Goals, Report, Direction, City Actions and Funding 8. Hop -a -Park Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas CITY OF ANNA ACTION AGENDA 2020 - 2021 Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas City of Anna Policy Agenda 2020 - 2021 TOP PRIORITY Downtown Master Plan: Development and Adoption Comprehensive Plan: Development and Adoption Parks, Trails and Open Spaces Master Plan: Development and Adoption Bond Referendum: Direction Library/Community Resource Center/Learning Center: Direction HIGH PRIORITY Restaurants and Entertainment Attraction Strategy: Direction and Actions Outdoor Sports Complex/Sports Fields Development: Direction Community Investment Plan/Program: Development and Funding Mechanism Business Park Activation: Marketing and Business Recruitment Small Business Support/Assistance Program: Direction Utility Rates: Study and Direction Indoor Community/Recreation Center: Direction Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas City of Anna Management Agenda 2020 - 2021 TOP PRIORITY Road Development: Project Priority and Direction Five -Year Financial Plan/Model with Projections: Development Medical Campus Business Development: Surgery Center, Emergency Room and Medical Offices Economic Development Strategic Plan: Adoption and Implementation Green Ribbon Project: Advocacy Code Compliance Expansion: Direction and Funding Stormwater Utility: Report and Direction Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas HIGH PRIORITY City -Owned Land Inventory: Direction on Use or Sale Highway 455/U. S. 75 Four Corner Activation Development Fees: Market Analysis and Direction Long -Term Water Supply Policy/Plan: Direction City Contracts for Services: Solid Waste Disposal, Engineering Services and Janitorial Services Tall Grass/Weeds and Mowing Services: Direction and Funding Public Improvement District (PID) Policy: Direction Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas City of Anna Management In Progress 2020 — 2021 Trade Shows/Marketing Materials Community Resource Guide: Update Economic Development Website/Search Engine Optimization: Expansion Development Forum Event Land and Property Database: Development International Economic Development Awards Annual Business Appreciation Event Targeted Businesses Analysis Neighborhood/Business Crime Watch Program Rental Inspection Program: Implementation International Property Maintenance Code: Revision Train Depot Facility Use Agreement All City Parks Assessment: Report Community Races at Parks Movies in the Park Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas Push Cars and Little Libraries in Parks (Anna ISD Project) Zoning Maps: Implementation SmartGov Permitting Software Building Department Full Staffing Water System Audit: Completion Police Districting Plan: Implementation Department Performance Metrics (Outcome -Based): Development/Refinement Public Works Accreditation: Scoring Annual City Strategic Plan: Update SAFER Grant Re -Application Body Camera Use Policy Budget Workshop for Mayor and City Council Reward Program: Development Cash Management Administrative Directive Internal Control System and Process Administrative Directive Financial Policies: Training Exit Interview Process City Social Functions: Update (Potlucks, Employee Functions, etc.) Employee Training Program: Implementation Annual Employee Compensation Adjustment Strategic Plan: 2020 — 2025 — 2035/Mayor and City Council/Anna, Texas City of Anna Major Projects 2020 — 2021 Sidewalk Repair Projects: Slayter Creek, Natural Springs Johnson Park Renovation Project: Bid, Begin Construction Train Relocation: Completion Hackberry Elevated Storage Tank Lighting Installation Village of Hurricane Creek Infrastructure Project: ROW Acquisition, Bid Award, Construction Municipal Complex Sewer Line Relocation Project Collin Water Pump Station: Final Scope Hackberry Lane: ROW Acquisition, Bid Award, Construction Rosamond Parkway: Engineering Plans Taylor Road Reconstruction: Preliminary Engineering, Final Design (with Collin County) Submission East Fork Trunk Sewer: Preliminary Engineering Wastewater Treatment Plant: TCEQ Permit Neighborhood Trailer Clean Up Day Municipal Complex Project: Completion and Relocation of City Offices THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 5/26/2020 Consider/Discuss/Action on an Ordinance amending Chapter 2 (Administration and Personnel), Article 2.8 (Boards, Committees and Commissions) by adding 2.08.002 (Eligibility). (City Secretary Carrie Smith) SUMMARY: Currently, there is no written requirement for boards, commissions and committees members to reside inside the city limits for a period of 12-months. The proposed Ordinance will put this eligibility requirement on appointed boards and commission members. It does allow for special committees and task forces to be created with members that have not resided in the city limits for a 12-month period. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the Ordinance as published. ATTACHMENTS: Description Upload Date Type Ordinance 5/22/2020 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 2 (ADMINISTRATION AND PERSONNEL), ARTICLE 2.08 (BOARDS, COMMITTEES AND COMMISSIONS), BY ADDING A NEW SECTION 2.08.002 (ELIGIBILITY); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna City Council ("City Council') has determined its estimated population residing in the City's corporate limits exceeds 15,000 and that there are an ample amount of persons residing in the City's corporate limits who possess the capabilities and qualifications to serve and are willing to serve on the various boards, committees and commissions of the City; and WHEREAS, to be eligible to serve on the City Council a person must have resided exclusively within the corporate limits of the City, or recently annexed territory, for at least 12 months before the candidate filing date; and WHEREAS, the City Council has determined that for purposes of stability of the memberships of the City's boards, committees and commissions and to foster sustained interest in the betterment of the City, the same 12-month residency requirement should apply to the members of City boards, committees and commissions; and WHEREAS, the City Council desires to codify said 12-month residency requirement to apply to all members of the City's boards, committees and commissions; NOW, THEREFORE, BE IT ORDAINED BYTHE 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 2, (Administration and Personnel), Article 2.08 (Boards, Committees and Commissions) of the Anna City Code of Ordinances. Article 2.08, (Boards, Committees and Commissions) is hereby amended by adding a new Section 2.08.001 (Eligibility) to read as follows: ARTICLE 2.08 BOARDS, COMMITTEES AND COMMISSIONS I...1 2.08.002 Eligibility (a) This section applies to all appointed members of all city boards, committees and commissions including the planning and zoning commission, the board of adjustment, the boards of the city's development CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 corporations, the parks advisory board, and any other board, committee or commission whether currently or hereafter formed by the city council. (b) To be eligible to serve on any city board, committee or commission, a person must have resided exclusively within the corporate limits of the city, or recently annexed territory, for at least 12 months before the date that the person is appointed to serve on such board, committee or commission. (c) The eligibility requirement(s) in this section are in addition to any minimum qualifications or eligibility requirements under the city's home - rule charter or other applicable law. (d) Notwithstanding any provision of this section, the city council may, by adoption of a resolution or ordinance, provide for exceptions to the residency requirements so as not to apply to temporary task forces or other temporary committees formed to address specific issues, events or occurrences. Section 3. Savings, Severability, and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any 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 4. 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 on this 26t" day of May 2020. APPROVE: ATTEST: Mayor Nate Pike City Secretary Carrie Land CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 THE CITY OF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 5/26/2020 A) Conduct a public hearing to consider public comments on a residential replat for Turbyfill Addition, Block A, Lot 1 R & 3. The purpose for the replat is to modify the property boundaries in order to create two lots. (Director of Development Services Ross Altobelli) B) Consider/Discuss/Action on a Resolution approving the Replat, Turbyfill Addition, Block A, Lots 1 R & 3. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is dividing Lot 1 into two lots in accordance with the Subdivision Regulations. State law requires a public hearing when a residential property requests to subdivide. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned, Managed Growth STAFF RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Description Locator Resolution Exhibit A Upload Date Type 4/28/2020 Exhibit 5/4/2020 Resolution 5/20/2020 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE TURBYFILL ADDITION, BLOCK A, LOT 1 R & 3, REPLAT. 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, David and Angela Huth have submitted an application for the approval of the Turbyfill Addition, Block A, Lot 1 R & 3, Replat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Turbyfill Addition, Block A, Lot 1 R & 3, Replat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of May 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike COLLIN COUNTY NOTES: �d 1. All lots must utilize alternative type On —Site Sewage Facilities. 2. Must maintain state —mandated setback of all On —Site Sewage Facility components from any/all easements and drainage areas, water distribution lines, sharp breaks and/or to 1E Creeks/rivers/ponds, etc. (Per State Regulations). * There is a creek and a pond on lot 1/A. The creek/pond could affect structure/ STATE OF TEXAS NOTES: impervious cover placement, OSSF placement, dwelling size, etc. on lot 1/A. It is COUNTY OF COLLIN 1. The PURPOSE OF THIS REPLAT is to split Lot 1 into Lot I and Lot 3. recommended that no additional surface improvements, impervious cover, outbuildings, $ swimming pools, etc. planned on lot 1 /a without pre —construction planning meeting I 2. This survey subject to all easements of record. with Registered Sanitarian/Professional Engineer and Collin County Development Services SCALE 1" = 60' WHEREAS Wandy Turbyfill is the owner of a tract of land situated in the Joseph Mitchum Survey, Abstract No. 590, Collin County, Texas, and the John L. White Survey, Abstract No. 1014, Collin 3. The basis of bearings is derived from Texas State Plane Coordinate System (NAD 83) 3. There was an existing structure/dwelling and associated OSSF on lot 1 /A (51 46) at the time of approval. County, Texas, and being all of that same tract of land called Lot 1 , Final Plat Turbyfill 9 0 60 120 180 42�a Addition, Lots 1 & 2, Block 1 , as recorded in County Clerks No. 20191 1 1 901 0004990, Official North Central Zone (4202), and NAVD 88 (Geoid 1 2) * The P.E. As—Builts submitted with the plat shows all OSSF components for 5146 on lot 1 /A N 116266 Public Records of Collin County, Texas, and being more particularly described by metes and to be completely within the boundaries of lot 1 /A. e bounds as follows: 4. The original copy will have original signatures, stamp seal and an impression seal. * If any of the OSSF components are actually over any of the lot lines and continue onto BEGINNING at a 1/2" iron rod found for corner on the north line of County Road # 177, corner N 08'7.07' E bein the southwest corner of said Lot 1 , corner being the southeast corner of a called 30.1 another parcel, the entire system(s) must be replaced with an approved alternative g g 47.07' acre tract conveyed to George Finleynd C nthia Finley,nd recorded in Document Number NOTICE: Selling a portion of this addition by metes and bounds is a violation of the city system (after review and permitting through CCDS). Y g Y Y Y9 20120815001008290, Official Public Records of Collin County, Texas, corner being along the Subdivision Ordinance and State platting statutes and is subject to fines and withholding of * The existing OSSF on lot 1 /A is a conventional OSSF — if the existing system ever fails or 9 S �4. 9 northerly line of a called 50.41 1 acre tract conveyed to Tom Scott and Linda Scott, and utiliites and building certificates. if changes are ever made to the existing structure, repairs and/or upgrades to the 4�'04•, E / recorded in Volume 4184, Page 950, Official Records of Collin County, Texas, for the southwest NOT be The be / existing system will allowed. entire affected system(s) must replaced with an 6838' tract; approved alternative system(s) (after review and permitting through CCDS). g \ 9 N 59'46'58" E corner of our subject THENCE N 01°05'17"E , with the easterly line of the said Finley tract, and the westerly line STATE OF TEXAS N 49'27'04" E 35.41' 4. There was an existing structure/dwelling and associated OSSF on lot 2/A (5150) at the time of approval. of Lot 1, for our westerly line, a distance of 576.4 feet to a point for corner in creek, said corner 33.88' COUNTY OF COLLIN * The P.E. As—Builts submitted with the plat shows all OSSF components for 5146 on lot 1 /A being the northeast corner of the Finley tract, corner being along the southerly line of a called to be completely within the boundaries of lot 1 /A. 15.438 acre tract conveyed to Kent C. Adams, and recorded in Document Number 20160608000717680, Official Public Records of Collin County, Texas, for the northwest corner of * If any of the OSSF components are actually over any of the lot lines and continue onto Lot 1 , and the northwest corner of our subject tract; J I PAUL J. RUST, a Registered Professional Land Surveyor, in the State of Texas, do hereby r, another parcel, the entire system(s) must be replaced with an approved alternative THENCE, with the said southerly line of the Adams tract, and the northerly line of Lot 1, certifythat prepared this lot from an actual and accurate surveyof the land and that the system (after review and permitting through CCDS). for our northerly line, and with the centerline of a creek the following twelve (12) courses and corner monuments shown thereon were properly placed, under my personal supervision, in * The existing OSSF on lot 2/A is a conventional OSSF if the existing system ever fails or emu'. �'': distances: accordance with the subdivision regulations of the City of Anna, Texas. if changes are ever made to the existing structure, repairs and/or upgrades to the THENCE N 48°32'40" E, a distance of 78.66 feet to a calculatedpoint for corner in existing system will NOT be allowed. The entire affected system(s) must be replaced with an CALLED 15.438ACRES centerline of creek; approved alternative system(s) (after review and permitting through CCDS). KENTC.ADAMs THENCE N 67°34'53" E, a distance of 55.36 feet to a calculatedpoint for corner in OF r F DOC# 20160608000717680 5. Tree removal and/or grading for OSSF may be required on individual lots. O.P.R.C.C.,TX. centerline of creek; �P��G`� R. s THENCE N 32°40'50" E, a distance of 52.60 feet to a calculatedpoint for corner in 6. There are no water wells on lots 1 or 2 of this subdivision and no water wells are allowed F, g centerline of creek; Registered Professional Land Surveyor No. 6003 PAUL RUST S 84°48'18" E without prior approval from Collin County Development Services. �`e 6913' 9 °� THENCE S 84°48'18" E, a distance of 69.13 feet to a calculatedpoint for corner in o 6003 h� centerline of creek; y-popf$So�yo �° 7. Each lot is limited to a maximum of 5,000 gallons of treated/disposed sewage each day. ao �0 THENCE S 73°23'06" E, �881C distance 88.20 feet to for in a of a calculatedpoint corner SUR�� X33 8. Individual site evaluations and OSSF design plans (meeting all State and County requirements) 4�" e centerline of creek; must be submitted to be approved by Collin County for each lot prior E THENCE N 49°51'48" E, a distance of 53.19 feet to a calculatedpoint for corner in � 9 to construction of an OSSF system. �•,5t centerline of creek; N 6 STATE of TEXAS: **BOUNDARYFOLLOWS �6 THENCE N 21°34'13"W, a distance of 141.23 feet to a calculatedpoint for corner in 9 55 COUNTY OF COLLIN: CENTERLINE OF CREEK ** � centerline of creek; �` m THENCE N 49°27'04"E, a distance of 33.88 feet to a calculated point for Corner In BEFORE ME, the undersigned authority, on this day personally appeared PAUL J. RUST, known to me to be the person whose p _0 �O U name is sworn and subscribed to this instrument and acknowledged to me that he executed the same for the purposes and y� 6 o centerline Of creek; consideration therein expressed, and in the capacity therein stated. V) THENCE S 74°47'04"E, a distance of 68.38 feet to a calculatedpoint for corner in �t"'A�`O GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ___ day of _____________________, 2020, A.D. centerline of creek; THENCE N 59°46'58"E, a distance of 35.41 feet to a calculatedpoint for corner in ---ublic o /e o Notary In and For the State of Texas centerline of creek; a Q I THENCE N 08°44'30"E, a distance of 47.07 feet to a calculatedpoint for corner in Printed Name of Notary Q centerline of creek; My Commission Expires: HEALTH DEPARTMENT CERTIFICATION � w THENCE N 71°42'08"E, a distance of 62.66 feet to a calcuatedpoint for corner in ry centerline of creek, said corner being the southeast corner of the Adams tract, corner being V) --:) along the westerly line of a called 38.828 acre tract conveyed to John Hendrix and Andrea I hereby certify that the onsite sewer facilities described on this plat conform c' Hendrix, and recorded in Document Number 20190204000117700, Official Public Records of OWNER CERTIFICATIONS to applicable OSSF laws of the State of Texas, that site evaluations have been = D Collin County, Texas, for the northeast corner of Lot 1 , and the northeast corner of our subject submitted representing the site conditions in the area in which on —site sewage = tract; facilities are planned to be used. J THENCE S 01°10'53"W, with the westerly line of the said Hendrix tract, and the easterly line NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: z of Lot 1, for our easterly line, a distance of 591.35 feet to a capped 1/2" iron rod found for corner o marked"RPLS4613", said corner being the northeast corner of Lot 2, of said Turb fill Addition, for D ,1, g y THAT Wanda Turbyfill is the owner and does hereby adopt this plat designating the hereinabove o a southeast corner of Lot 1, and a southeast corner of our subject tract; described property as REPLAT OF LOT 1, TURBYFILL ADDITION, LOT 1 & 2, BLOCK 1, an addition D THENCE, with the southerly and easterly line of Lot 1, and the northerly and westerly line to Collin County, and to the City of Anna, Texas, INTO LOTS IA and 1 B (6.352 Acres) and does LOT 1 R of Lot 2, for the southerly and easterly line of our subject tract, the following four (4) hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. courses and distances: The streets and alleys are dedicated for street purposes. The easements and public use areas, THENCE N 86°57'09"W, a distance of 92.80 feet to a cappedl/2"iron rod found for Registered Sanitarnian or Designated Representative as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In 5.38 ACRES corner marked "RPLS 4613"; addition, utility easements may also be used for the mutual use and accommodation of all Collin County Development Services THENCE S 00°38'50"W, a distance of 98.51 feet to a capped 1/2" iron rod found for corner public utilities desiring to use or using the same unless the easement limits the use to '1' 2341422 SQ. FT. marked "RPLS 4613"; particular utilities, said use by public utilities being subordinate to the public's and City of m THENCE N 87°12'29"W, a distance of 90.31 feet to a capped l/2"iron rod found for corner Anna's use thereof. The City of Anna and public utility entities shall have the right to remove o marked "RPLS4613"; n LOT iA:PROPERTY ADDRESS and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or 5i5oCOUNTY ROAD 17�7 THENCE S 02°47'31 "W, a distance of 182.00 feet to a capped 1/2" iron rod found for corner growths which may in any way endanger or interfere with the construction, maintenance, or Z CELINA, TEXAS75oo9 marked "RPLS 4613", for the southwest corner of Lot 2, and a southeast corner of Lot 1, corner efficiency of their respective systems in said easements. The City of Anna and public utility —25—B'�C•p_q� — _ being along the northerly line of a called 23.900 acre tract conveyed to Kellie Sue Fierro, and entities shall at all times have the full right of ingress and egress to or from their respective recorded in Volume 5378, Page 4922, Official Records of Collin County, Texas, corner being easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, N 86'57'09" W along the north line of County Road # 177, for a southeast corner of our subject tract; reading meters, and adding to or removing all or parts of their respective systems without the • • THENCE N 87°03'38"W, with a southerly line of Lot 1 , and the northerly line of the said necessity at any time of procuring permission from anyone. 92.80 I Fierro tract, for a southerly line of our subject tract, a distance of 28.80 feet to a 1/2" iron rod This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. found for corner; THENCE S 70°51'07"W, with the northerly line of the said Fierro tract, and the southerly line of Lot 1 , for our southerly line, and within the margin of County Road # 1 77, a distance of WITNESS MY HAND, this the day of 2020, A.D. c6 160.08 feet to a magnailfound in asphalt for corner; o °' THENCE S 88°19'41 "W, with the northerly line of the said Fierro tract, and the southerly line — — — — J U) of Lot 1 , for our southerly line and within the margin of County Road # 177, a distance of WANDA TURBYFILL, OWNER I 95.56 fe to he POINT OF BEGINNING and containing 278,017 Squ re et or 6.382 acres of N 87°12'29" W land. • I CALLED 38.828 ACRES Subject CALLED 3o.lACRES 25' B.L. (C.O.A.)— • STATE OF TEXAS: 90.31' JOHN & ANDREA H CR 177 COUNTY OF COLLIN: Property GEORGE & CYNTHIA FINLEY I � DOC # 20190204000117700 DOC# 20120815001008290 O.P.R.C.C,TX. o BEFORE ME, the undersigned authority, on this day personally appeared WANDA TURBYFILL, known to me to be the person whose O.P.R.C.C.,TX. O name is sworn and subscribed to this instrument and acknowledged to me that she executed the same for the purposes and O I consideration therein expressed, and in the capacity therein stated. uN o I CR 177 LL GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ___ day of _____ _______ ___, 2020, A.D. 0 Q 0 LEGEND LOT 3 ��" GR 173 z ao y Notar Public In and For the State of Texas N ` z ------------------------ J ----------------- 7 �O r� oo LOT I Printed Name of Notary -•— 1/2' ROD FOUND Ld 1 ACRE TURBYFILL My Commission Expires:_________________________ —O— CAPPED 1/2' ROD SET 'RUST 6003' .00 u C"i 00 ADDITION CT 175 r N DOC#OP19111 —®— MAG NAIL FOUND rn 43,595 SQ. FT. I _� 010004990 —A— CALCULATED POINT � M C.O.A. CITY OF ANNA Lad � VICINITY M A P BL BUILDING LINE _^ o LOT iB :PROPERTY ADDRESS 44,0000 I (No Sc ale CL N CENTERLINE OF ROAD 0 5i46 COUNTY ROAD 177 REPLAT OF CELINA, TEXAS N 8T03'38" W 75009 o R I R O P 28.80' FUTURE R O.W z I //2.07' (25' FROM CL) I TURBYFILL ADDITION RESERVATION FOR / %• FUTURE R.O.W. / •— — — — S 87_03'38" E 187.31' I APPROVED THIS DAY --------- OF --------------, 2020 (25' FROM CL) / ®_ BLOCK A, LOT 1 / 6p Oa — POINT OF � —N C-0-A g0� — BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS BEGINNING 25' B.L. - w — _ - 5 10bNlo, TO BE S 88'19'41" W 95.56' ® , COUNTY ROAD # 177 _• TURBYFILL ADDITION LOTS IR & 3, BLOCKA MAYOR CALLED 23.900 ACRES CALLED 50.411 ACRES KELLIE SUE FIERRO (� (VOL. 5378' PG. 4922) SURVEYOR BEING%� 6.382 ACRES OUT OF THE TOM & LINDA SCOTT OWNER (VOL. 4184, PG. 950) D.R.L.C, TX. O.R.C.C,TX. RUST LAND SURVEYING WANDA TURBYFILL JOSEPH MITCHUM SURVEY ABS. NO 590 4528 LAKEVIEW DRIVE 5150 COUNTY ROAD 177 CITY SECRETARY FRISCO, TEXAS 75036 CELINA, TEXAS 75009 JOHN L. WHITE SURVEY, ABS. NO 104 (512) 796-2995 FIRM NO: 10144000 (214) 477-5897 COLLIN COUNTY, TEXAS SCALE 1 " = 60' DATE: MARCH 23, 2020 JOB# 20-027 THE CITY OF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 5/26/2020 Conduct a public hearing to consider public comments to rezone 34.3± acres located on the west side of U.S. Highway 75 and 691± feet south of future Rosamond Parkway (W CR 370) from Single -Family Residential — Large Lot (SF-E) to Planned Development -General Business District (PD-C-2) with modified development standards. (Director of Development Services Ross Altobelli) SUMMARY: Staff is recommending City Council table (continue) the zoning case until the Tuesday, June 9, 2020, City Council meeting. The developer has recently made revisions to certain aspects of the PD and a Subdivision Improvement Agreement involving this property (and an adjoining tract intended to be a single-family development) is currently under negotiation and there are still outstanding aspects of that agreement that could impact this PD. Staff is optimistic that this additional time will allow for the negotiations to conclude and would like the Council to have a full understanding of the development intended for this area before deciding on the PD zoning. STAFF RECOMMENDATION: Recommended that the Commission table (continue) the public hearing and vote to "Hold the public hearing open until June 9, 2020 at 6:30 p.m. at City Hall Council Chambers." ATTACHMENTS: Description Upload Date Type Location Map 5/21/2020 Exhibit WHWH11"WHO"WaUHW11"11"F"�4 0*1 CROSSINL Sherley Commercial Proposed Rezoning fa.t,-a WH WH '::�7W,COUNTY--ROA113 370 If a } W a w Q � Z W Z U V Z z �a r c� 2 LD I �SUZIE LN 0 J m W D a p W N a C 3 z = W O U _ V) W WHITEST— HACKBERRY DR E COUNTYROAD,370 THE CITY OF N manna A 200ft Buffer ��-�-�� City Limits frt-t-t. Parcels 1 ETJ 1i-i-ti 0 500 1,000 2,000 Feet April 2020 LAPlanning & Development\Project Review\Sherley Commercial (Centurion American) Zoning\Locator\Notice_Location Map. mxd THE CITY OF Anna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 5/26/2020 Consider/Discuss/Action upon a request from Frank Joiner to extend the lease agreement for Wells McCoy to operate on property purchased by the City of Anna for the Municipal Complex. (Director of Public Works Greg Peters, P.E.) SUMMARY: On April 23, 2019 the City Council approved a resolution and contract for the sale and leaseback of property owned by Joiner Construction Company, Ltd. Per the contract the City has allowed Joiner Construction Company to use the property up until May 31, 2020. Joiner Construction Company, and their tenant, Wells McCoy are to vacate the property prior to June 1, 2020. The contract is attached as Exhibit A. Staff met with Frank Joiner and the owners of Wells McCoy on Tuesday, May 19, 2020. At the meeting Mr. Joiner requested to extend the lease until "late August or early September." Per the contract, the City may (but is not required) to extend the leaseback on a monthly basis to Mr. Joiner for $5,000.00 per month. The Municipal Complex construction is ongoing, and the existing property and facilities on the Joiner leaseback are located within critical areas of construction. The entire leaseback area will need to be cleared in order to facilitate construction of the Municipal Complex. Staff has worked with the Municipal Complex contractor, Lee Lewis, to review their construction schedule. Staff has determined that extending the lease for 1 month will not cause any delays. However, staff finds that any extension of the lease beyond June 30, 2020 will result in a delay in opening the Municipal Complex. Based on the information available, staff has determined that the ratio of the leaseback extension to the delay in opening the complex is 1:1. Therefore, for each month beyond June 30, 2020 in which the lease is extended, the Municipal Complex will be delayed in opening by 1 month. In addition, the City may incur additional costs associated with Lee Lewis having to re -mobilize subcontractors and pay for staff and equipment on -site which is not able to operate efficiently due to the lease restrictions. Staff is proposing a 1-month extension, with an amended lease agreement attached for consideration. Strategic Connection This items supports the City of Anna Strategic Plan, specifically advancing: Goal 4 - High Performing Professional City, Management Action 1: Municipal Complex Construction STAFF RECOMMENDATION: Staff recommends that the lease be extended by a maximum of 1 month, to end on June 30, 2020. ATTACHMENTS: Description Upload Date Type Amended Lease Agreement 5/21/2020 Exhibit Exhibit - Original Contract 5/21/2020 Exhibit FIRST AMENDED LEASE AGREEMENT THIS FIRST AMENDED LEASE AGREEMENT (this "First Amended Lease") is entered into by and between the City of Anna, Texas, a Texas home -rule municipality ("Landlord") and Joiner Construction Company, Inc., a Texas corporation ("Tenant"). For valuable consideration the parties agree and act as follows: 1. Existing Lease Amended. On or about the 30t' day of May 2019, Landlord and Tenant entered into that certain Lease Agreement (the "Lease") under which Tenant leased from Landlord the Leased Premises as defined in the Lease, a copy of which is attached hereto as Exhibit A. The Lease is hereby amended by amending Section 1 (Definitions), subsection (d) to read as follows: "(d) Lease Term. Unless terminated sooner in accordance with the terms of this Lease, a term commencing upon conveyance of the Property from Tenant to Landlord ("Conveyance Date") under the Conveyance Agreement and ending on the expiration of the last day of the month that is 13 full months after the month during which the Conveyance Date occurred." Landlord and Tenant understand that this amendment extends the Lease Term by one full month and that the Lease Term will expire June 30, 2020. 2. Rent. In accordance with Section 3 (Rent and Taxes) of the Lease, Tenant shall pay rent in the amount of $5,000 to Landlord for the additional full month that the Lease Term is extended by this First Amended Lease. This rent payment shall be due on or before June 5, 2020 and is in addition to any and all other Rent due under the Lease. 3. No Other Amendments. Except as expressly set forth in this First Amended Lease, the Lease and each and all of its provisions shall remain in effect as set forth in the Lease. LANDLORD: THE CITY OF ANNA, TEXAS By: Printed Name: Title: Date: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, personally appeared known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as and on behalf of Notary Public, State of Texas JOINER CONSTRUCTION COMPANY, INC. an Frank B. Joiner, its President STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, personally appeared Frank B. Joiner known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of Joiner Construction Company, Inc. Notary Public, State of Texas LEASE AGREEMENT PAGE 2 EXHIBIT 1 DESCRIPTION/DEPICTION OF LEASE AREA 1 EXHIBIT 2 DESCRIPTION/DEPICTION OF LEASE AREA 2 INA•iffIA1919FIAMA AND i. B A OF K PROPERTY OWNED BY JOINZw • _ ... • COMPANY, FOR _ CONSTRUCTION .•....• OF • i 3OMPLEX FACILITIES WHEREAS, the City Council of the City of Anna, Texas ("City Council'), has found that the real property owned by Joiner Construction Company, Inc. ("Joiner") located at 206 E. 7th Street, Anna, Texas 75409 (the "Property") is needed for the municipal complex project; and WHEREAS, Joiner is willing to sell the Property to the City; and WHEREAS, the City is willing to temporarily lease a portion of the Property to Joiner; kNNA,TEXAS,THATv Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization to purchase property and execute agreement. The City Council hereby approves, subject to approval by the City Attorney as to legal form, the Contract for Sale and Leaseback of Real Property (the "Contract") and authorizes acquisition of fee simple title of the Property by warranty deed and the City Council further hereby authorizes, approves, and ratifies the City's duly authorized agents, including the Mayor or City Manager, to execute or to have executed all required instruments and related documents necessary to accomplish the land purchase and leaseback identified in this resolution. PASSE® AN® APPROVE® by the City Council of the City of Anna, Texas, on this the 23rd day of April 2019. ATTEST: City Secretary, Carrie L. Smith APPROVED: Nate Pike CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY A d4 0- ay of this "Agreement") is made on the Y Inc., a Texas corporation with its principal place of This Contract for Sale and Leaseback of Real Property a home -rule �r�,ti ; p� , 2019 by Joiner Construction Company, business at 11408 Chairman Drive, Dallas, Texas 75243 ("Joiner"), and the City of Anna, Texas, municipality located at 111 N. Powell Parkway, Anna, Texas 75409 (the "City") - Recitals Texas collectivel Joiner is the owner of real property located in the Anna Original Donation, Collin County,Collin ll nl Co.clu(des tea Original Donation (Can), Blk 2, Lot 1-5 8 9 & ABS-71 Henry Brantley Sur., Tr. 147, Anna, Collnna, Texas 75409. the "Property"), located at the street address commonly known as 206 E. 7t' Street, Joiner desires to sell and the City desires to purchase the Property in fee simple on the terms stated below, with conveyance to be made by general warranty deed. The City and Joiner desire that Joiner lease and occupy a certain portion of the Property (the "Leaseback") for a certain period of time after the City purchases the Property on the terms stated below and in the Leaseback. The effective date of this Agreement is the date first stated above (the "Effective Date"). Therefore, Purchaser and Seller contract as follows: Section I. Purchase Price The purchase price of the Property is $1,300,000 (the "Purchase Price") - Section II. Terms of Payment, Taxes,1033 Exchange On the execution of this Agreement, the City or Joiner may deliver a copy of same to Red River Title Company at 805 W. White St. #300, Anna, Texas 75409 (the "Title Company"). At Closing (as defined in Section VI of this Agreement), the City will pay the full amount of the Purchase Price to Joiner with the passing of title of the Property to the City as specified in this Agreement. The Purchase Price shall be paid in U.S. dollars in the form of a cashier's check or other form acceptable to Joiner. Joiner shall be solely responsible to timely pay or cause to be paid all 2019 ad valorem taxes and all previous years' ad valorem taxes on the Property. Notwithstanding any other provision of this Agreement, Joiner contemplates acquiring other property as a like -kind exchange under IRC 1031 or 1033 and the City acknowledges and agrees that the City's acquisition of fee simple title to the Property under this Agreement is in lieu of the City taking fee simple title of the Property by eminent domain. The City further agrees to execute all documents reasonably required to show that its acquisition of fee simple title to the Property under this Agreement was in lieu of the City taking fee simple title of the Property by eminent domain and this obligation to execute such documents shall survive Closing; provided, however, that the City shall not be required to undertake any act that would require the City to: (1) incur material costs ("material" for the purposes of this paragraph means costs over $100 total); or (2) stipulate to or represent facts or circumstances that are false or that are not within the City's personal knowledge. Section III. Surveys Not later than 30 days after the execution of this Agreement, the City, at its sole cost, will furnish Joiner and the Title Company with an updated survey of the Property. CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE I The survey shall be a current on -the -ground survey that substantially complies with the requirements of a Category IA, Condition I or II (as applicable) survey in the Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land Surveying, as amended, and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except for "shortages in area"), at the City's expense. Section 1V. Titles and Title Investigation Title Commitment. Within 15 days of receipt of the survey, the title officer shall have examined the abstracts covering the Property and shall have furnished: (1) the City with a Title Commitment for title to the Property and legible copies of the instruments referenced in said Title Commitment. "Title Commitment" means a Commitment for Issuance of a Title Policy, stating the condition of title to the Property. The "effective date" stated in the Title Commitment must be after the Effective Date of this Agreement. "Title Policy" means an Owner Policy of Title Insurance issued by Title Company, in conformity with the last Title Commitment delivered to and approved by the respective parties to this Agreement. The City shall pay all costs associated with any Title Commitment issued to the City under this Agreement. Title Objections. Within 15 days of the date that the City receives the Title Commitment ("Title Objection Deadline") the City shall have reviewed the Title Commitment and City Survey and notify Joiner and Title Company of its objections to any of them ("Title Objections"). The City will be deemed to have approved all matters reflected by the Title Commitment to which the City has made no Title Objection by the Title Objection Deadline. The matters that the City either approves or is deemed to have approved are "Permitted Exceptions." If the City notifies Joiner of any Title Objections, Joiner has fifteen (15) days from receipt of the Title Objections to notify the City whether Joiner agrees to cure the Title Objections before Closing ("Cure Notice"). If Joiner does not timely provide its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, the City may, within five days after the deadline for the giving of the Cure Notice (said five-day period being referenced herein as the "City Notice Deadline"), notify Joiner that either this Agreement is terminated or the City will proceed to close, subject to such objections, which the City shall accept and to which Joiner has no responsibility to cure. Section V. Termination of Existing Leases and Leaseback Joiner represents and warrants that it is the sole owner of the Property and agrees that prior to Closing, it shall take all actions necessary to fully and finally terminate and extinguish any existing lease, leasehold interest, or other possessory interest in or claim to the Property held by Wells/McCoy Steel Services, Inc. or any other person or entity such that at Closing no person or entity shall have any right(s) to any lease, leasehold interest, or other possessory interest in the Property. Joiner shall indemnify and hold the City harmless from any claim by any person or entity claiming any right(s) to any lease, leasehold interest, or other possessory interest in the Property where such lease, leasehold interest or other possessory interest was established before Closing. Simultaneously with Closing and transfer of title of the Property to the City, Joiner and the City shall execute and deliver the Leaseback of the Property with City as lessor and Joiner as lessee, in the form and content set forth in Exhibit A attached to this Agreement. The Leaseback shall terminate upon the expiration of 12 full months after the month in which Closing occurs or earlier if terminated earlier in accordance with the terms of the Leaseback. Section VI. Closing of Title The Closing of the purchase and sale of the Property under this Agreement ("Closing") shall occur on or before the expiration of 20 days after the City Notice Deadline or another date as may be mutually agreed to in writing by the City and Joiner; provided, however, that Closing shall occur on or before May 31, 2019 or this Agreement shall terminate. Each party shall pay their own closing costs and attorney fees in this transaction. CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAVE 2 Section VII. Miscellaneous 1. Notices. Any notice required by or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. To the City: City Manager City of Anna, Texas 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Joiner: Frank B. Joiner Joiner Construction Co., Inc. 11408 Chairman Drive Dallas, Texas 75243 2. Entire Contract. This Agreement, together with its recitals, exhibits, and any documents required to be delivered at Closing constitute the entire agreement of the parties concerning the purchase and sale of the Property and the sale, purchase, and Leaseback of the Property. There are no oral representations, warranties, agreements, or promises pertaining to the subject of this Agreement not incorporated in writing in this Agreement. 3. Amendment. This Agreement may be amended only by an instrument in writing signed by all parties. 4. Assignment. This Agreement shall not be assigned by either party without the other parry's written consent for assignment to a specific buyer. 5. Survival. The obligations of this Agreement that carmot be performed before termination of this Agreement or before Closing will survive termination of this Agreement or Closing, and the legal doctrine of merger will not apply to such obligations. 6. Choice of Law; Venue; Alternative Dispute Resolution. This Agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Exclusive venue for any dispute arising under, in connection with, or in any manner related to this Agreement is in Collin County, Texas. Time permitting, the parties will submit in good faith to a nonbinding alternative dispute resolution process before filing a suit concerning this Agreement. The parties shall not under any circumstances be required to submit any dispute to arbitration. 7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare or delays declaring a default or delays taking any other action with respect to the default. CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY YAU s 8. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement. 9. Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction finds that any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. 10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this Agreement. 11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship. 12. Counterparts. If this Agreement is executed in multiple counterparts, all counterparts taken together will constitute this Agreement. 13. Confidentiality. The parties will keep confidential this Agreement, this transaction, and all information learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable third parties to advise or assist Buyer to investigate title or either party to close this transaction. 14 Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Agreement, or brought relating to the transaction contemplated by this Agreement, will be entitled to recover, from the non -prevailing party, court costs, reasonable attorneys' fees and all other reasonable related expenses. 15. Contract as Offer. The execution of this Agreement by the first party to do so constitutes an offer to purchase or sell the Property. If the other party does not accept that offer by signing this Agreement and delivering a fully executed copy to the first party within ten (10) days after the date this Agreement is executed by the first party, then the first party may withdraw that offer by delivering a written notice to the other party. 16. Commission. The parties hereby represent to each other that neither has entered into any agreement or understanding that would give rise to a real estate commission being owed in connection with this Agreement or the conveyance of the Property, and each of the parties shall indemnify and hold the other harmless against any commission, payment, interest or participation claimed on account ofthis Agreement with any party under any alleged agreement or understanding entered into on that parry's behalf with the person or entity claiming the commission, payment, interest or participation. 17. CONDITION OF PROPERTY. THE CITY UNDERSTANDS AND ACKNOWLEDGES THAT IF IT CLOSES ON THE PROPERTY IT WILL ACCEPT THE PROPERTY WITHOUT RECOURSE, REPRESENTATION OR WARRANTY (EXCEPT AS SPECIFICALLY SET OUT IN THIS AGREEMENT) OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND JOINDER IS SELLING THE PROPERTY AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH JOINER HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. THE CITY HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT JOINER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. In witness of their agreement, the parties have executed this Agreement on the date(s) shown below. [REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGES FOLLOW.] CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 4 THE CI Y F ANNA XAS By: Print d e: Title: C' 'r Date: L `Z STATE OF TEXAS COUNTY OF COLLIN Bef e me, the undersigned notary public, on the Q�ay of 2019, personally appeared known to me (or proved to me) to be the p rson whose name is subscribed to the for going instrument and acknowledged to me that he executed the same in his capacity as and on behalf of 0;j` ;-_ ? CWIE L SM(TH MV tWj ID# 114i9W EVM FgWuwry4,2023 JOINER CONSTRUCTION COMPANY, INC. By: Fr B. Joiner, its President Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on thec day of jt 2019, personally appeared Frank B. Joiner known to me (or proved to me) to be the person whose name 1�s cribed to the foregoing instrument and acknowledged to me that he executed the same in his capaci a President of Joiner Construction Company, Inc. M ............ JOE ASTON (I1 Notary public Notary Public, tate of Texas STATE OF TEXAS Notary ID N 273921-9 My Comm. Exp. June 30, 2020 Title Co ipt Title Company acknowledges receipt of a copy of this Agreement executed by both Buyer and Seller. Red River Title Company BY: Printed Name: Title: Date: 2019. CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 5 FOMI:1f'I�i11�1 LEASE AGREEMENT 'rt3IS LEASE AGREEMEN'r (this "Lease") is entered into by and between the City of Anna, "texas, a Texas home -rule municipality ("Landlord") and Joiner Construction Company, Inc., a Texas corporation ("Tenant"). For valuable consideration the parties agree and act as follows: 1. Definitions. The following terms have the meanings set forth below: (a) City Council. The City Council of the City of Anna, Texas. (b) Effective Date. The effective date of this Lease and the date upon which this Lease shall take effect is the date of the Closing, as that term is defined in Section VI of that certain Contract for Sale and Leaseback of Real Property ("Conveyance Agreement") under which fee simple title to the Property was sold and conveyed by Tenant to Landlord. (c) Leased Premises. The Leased Premises is located in the City of Anna, Collin County, Texas and solely includes: (1) an approximately 1.80-acre portion of the Property ("Lease Area I") including only those structures and appurtenances existing thereon as of the Conveyance Date ("Existing Improvements"). said Lease Area I being more particularly described and depicted in the attached Exhibit 1; and (2) an approximately 0.506- acre portion of real property owned by Landlord that adjoins the Property ("Lease Area 2") said Lease Area 2 being more particularly described in the attached Exhibit 1. (d) Lease Term. Unless terminated sooner in accordance with the terms of this Lease, a term commencing upon conveyance of the Property from Tenant to Landlord ("Conveyance Date") under the Conveyance Agreement and ending on the expiration of the last day of the month that is 12 full months after the month during which the Conveyance Date occurred. (e) Permitees. All officials, officers, directors, employees, agents, contractors, customers, visitors and invitees of Tenant at the Leased Premises. (f) Permitted Exceptions. The conditions, restrictions, easements and encumbrances, if any, affecting title to the Leased Premises set forth in the owner's title of policy insurance obtained by Landlord pursuant to the Conveyance Agreement. (g) Property. The real property located in the Anna Original Donation, Collin County, including Anna Original Donation (Can), Blk 2, Lot 1-5 8 9 & ABS-71 Henry Brantley Sur., Tr. 147, Anna, Collin Co., Texas, said tract(s) being located at the street address commonly known as 206 E. 7" Street, Anna, Texas 75409. (h) Specific Use. The use by Tenant or a sublessee of Tenant of the Leased Premises solely as the site of: (1) a steel fabrication business including the onsite fabrication of heavy structural steel on Leased Area 1; and (2) parking of Permittee vehicles on Lease Area 2. 2. Demise, Lease Term. (a) Demise and Grant of Leased Premises. Landlord hereby leases to Tenant and Tenant accepts from Landlord under the terms, provisions and conditions of this Lease the Leased Premises solely for the Specific Use commencing on the Effective Date hereof and continuing until the expiration of the Lease Term or earlier termination as hereinafter provided. The Lease Term and this Lease shall automatically expire immediately if: (1) the Leased Premise is used for any purpose other than the Specific Use; or (2) the Specific Use is not continued for a period more than 30 consecutive days. (b) Quiet Enjoyment. Upon Tenant's payment of all rent hereunder as same becomes due and observance and performance of the covenants, terms and conditions to be observed and performed by Tenant pursuant to this Lease, Tenant shall have throughout the Lease Term, peaceful, cluiet and undisturbed use and possession of the Leased Premises solely for the Specific Use and all rights and privileges appertaining thereto, subject to the terms, conditions and provisions of this Lease. (c) Landlord's Title, Subordination. Landlord covenants, represents and warrants to Tenant as follows: (1) Title. Landlord hereby represents and warrants that it owns good and indefeasible fee simple title in and to the Leased Premises, subject only to the Permitted Exceptions, and has full right and authority to make this Lease. (2) No Actions. There are no actions, suits or proceedings pending or to the best of Landlord's knowledge, threatened against Landlord and affecting any portion of the Leased Premises, at law or in equity, or before any federal, state, municipal or other governmental court, department, commission, board, bureau, agency or instrumentality, domestic or foreign. (3) Authority. The execution and consummation of this Lease by Landlord has been duly authorized and does not result in a breach of any of the terms or provisions of or constitute a default under, any indenture, agreement, instrument or obligation to which Landlord is a party or by which the Leased Premises or any portion thereof is bound. However, notwithstanding the foregoing or any term or provision of this Lease, any and all rights and obligations of Landlord and Tenant hereunder are subject to and shall not be effective unless and until there has been formal approval or conditional approval by the City Council of this Lease at a duly noticed public meeting. (f) Condition of Leased Premises. TENANT UNDERSTANDS AND ACKNOWLEDGES ITS ACCEPTANCE OF THE LEASED PREMISES IS WITHOUT RECOURSE, REPRESENTATION OR WARRANTY (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND LANDLORD IS LEASING THE I.,EASED PREMISES AS IS, WHERE IS, AND WITH ALL, FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH LANDLORD HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION. OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE, OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. TENANT HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT LANDLORD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE LEASED PREMISES. TENANT ACKNOWLEDGES THAT TENANT HAS INSPECTED THE LEASED PREMISES AND ACCEPTS TIME LEASED PREMISES "AS IS," "WHERE IS" AND "WITH ALL FAULTS." 3. Rent and Taxes. Tenant shall pay Landlord the following amounts: (a) Rent- (1) Tenant shall pay to Landlord as rent ("Rent") for the Leased Premises for the Lease Term, a single lump sum payment of $10, the receipt and sufficiency of which is hereby acknowledged. (2) If Tenant occupies or possesses the Leased Premises or any portion thereof after the expiration of the Lease Term for any reason, the Rent shall increase to $5,000 per month or partial month (with no proration) due on the fifth day of each month beginning with the month following expiration of the Lease Term. (b) Taxes. Tenant shall be liable to timely pay or reimburse Landlord for any taxes that may become due during the Lease Term on a pro rata basis calculated as a percentage of the tax liability for the number of days in the applicable tax year during which Tenant occupies the Property under this Lease. Either Landlord or Tenant may dispute taxation of the Leased Premises or any portion thereof. i.,EASE AGREEMENT - PAGE: 2 4. Improvements, Additions and Repairs. (a) Delivery of Leased Premises. Landlord shall deliver exclusive possession of the Leased Premises to Tenant upon the beginning of the Lease Term, subject only to the provisions and terms of this Lease and the Permitted Exceptions. (b) Alterations and Improvements. With the exception of signs erected in conformance with applicable laws and ordinances, and construction of Improvements as approved in writing by Landlord and, set forth on one or more site plans submitted to and formally approved by the City Council during a duly posted meeting, and constructed in accordance with construction plans submitted to and approved in writing by the City or City staff, Tenant may not at any time construct, alter, change, expand any Improvements now or hereafter situated on the Leased Premises, provided, however, that with the written permission of the City Manager and in accordance with all applicable laws and ordinances, Tenant shall be permitted to demolish and remove any and all Improvements and/or portions thereof located on the Leased Premises. If any such new construction by "Tenant is at any time approved: (1) All such work shall be performed in a good and workmanlike manner, in accordance with accepted standards of engineering and architecture, if applicable, and in accordance with local, state and federal law, including but not limited to the Americans with Disabilities Act; and (2) Such construction, alteration, additions, changes or demolishment shall be in compliance with all applicable building codes, zoning, rules, regulations and ordinances affecting construction of such alterations, additions, and changes and shall be commenced only after "Tenant has been duly granted all legally required permits for same. (c) No Mechanic's Liens. Tenant shall not permit any mechanic's or materialman's liens to be filed against Landlord's interest in the Leased Premises arising out of the Tenant Improvements (unless the same are fully bonded so as to cause same to be removed in accordance with applicable law), and Tenant shall indemnify, defend (using counsel acceptable to Landlord in its reasonable discretion), and hold harmless Landlord from and against any costs, liability or expense, including attorneys fees and related expenses, attributable to any such liens. Tenant's obligations under this paragraph 4(c) shall expressly survive the expiration or earlier termination of this Lease. (d) Environmental. Tenant or any sublessee of Tenant shall use the Leased Premises solely for the Specific Use, shall conduct its business in a lawful manner and shall not make or permit any unlawful use of the Leased Premises. Tenant will, at its own expense, promptly comply with all laws, regulations, and ordinances affecting the Leased Premises and the cleanliness, safety, occupancy, and use thereof. TENANT SHALL INDEMNIFY, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE DISCRETION) AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY COST, LIABILITY OR EXPENSE ARISING OUT OF OR ATTRIBUTABLE TO ANY CLAIMS, DEMANDS, CAUSES OF ACTION, FINES, PENALTIES, LIABILITY OR EXPENSES (INCLUDING ATTORNEY FEES, RELATED EXPENSES, AND COURT COSTS) .ARISING OUT OF OR RELATED 'TO THE EXISTENCE, REMOVAL OR DISPOSAL OF ANY TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS WITHIN OR UPON THE LEASED PREMISES CAUSED BY TENANT, ITS ENIPLOYEES, OFFICERS, AGENTS, SUBLESSEES OR REPRESENTATIVES BEFORE OR DURING THE LEASE TERM. FOR PURPOSES HEREOF, THE PHRASE "TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS" SHALL INCLUDE ITEMS COVERED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980,42 U.S.C. §§9601-75(1986), AS AMENDED BY THE SUPERFUND AMENDMENT AND REAUTHORIZATION ACT, PUB. L. NO. 99-499, 100 STAT. 1613 (1986) ("CERCLA"), THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. §2601 ET SEQ., THE CLEAN WATER ACT, 33 U.S.C. § 1251 ET SEQ., THE SAFE DRINKING WATER ACT, 42 U.S.C. §§300(f)-3000), AND OTHER FEDERAL, STATE AND LOCAL LAWS NOW OR HEREAFTER IN EFFECT GOVERNING THE EXISTENCE, REMOVAL OR DISPOSAL OF TOXIC OR I IAZARDOUS SUBSTANCES OR MATERIALS. Tenant's obligations under this paragraph 4(d) shall expressly survive the expiration or earlier termination of this Lease. L..E.ASE, .AGREEMENT PAGE, 3 (e) Repairs. 'Tenant shall, at its sole cost and expense, perform all repairs and preventative maintenance necessary to maintain the Leased Premises in good condition and repair, ordinary wear and tear excepted, and keep the Leased Premises in compliance with applicable law throughout the Lease Term. The foregoing shall not in any way impair or limit Tenant's right to make alterations or additions to the Leased Premises as set forth in paragraph above. Tenant's obligations under this paragraph 4(e) shall expressly survive the expiration or earlier termination of this Lease. (f) Tenant's Fixtures. Notwithstanding any provision of this Agreement, Tenant may install in or upon the Leased Premises such trade fixtures and equipment as Tenant deems desirable, provided that Tenant does so in accordance with a written plan demonstrating the size and configuration of such 'fixtures and equipment upon the Leased Premises. All of said items shall rernain Tenant's property whether or not affixed or attached to the Leased Premises. Tenant may remove such items from the Leased Premises at any time during the Lease Term. Nothing contained in this .paragraph 4(f) shall diminish Tenant's obligations to maintain the Leased Premises pursuant to paragraph 4(e). (g) Platting Site Plans, Approvals. Landlord and Tenant acknowledge that it may be necessary, from time -to -time, for Landlord or Tenant to seek governmental approvals with respect to platting, zoning, site plans, permitting and/or obtaining other permits in connection with its use and occupancy of the Leased Premises for the uses permitted hereby (collectively, "Approvals"). Landlord agrees to reasonably cooperate with Tenant and Tenant agrees to reasonably cooperate with Landlord with respect to its obtaining the Approvals and to execute such documents as may be required in order for Landlord and/or Tenant to obtain such Approvals. Tenant expressly understands and agrees that approval by the City Council of this Lease does not constitute the City Council's granting of an Approval and does not bind the City Council to grant or approve any other Approvals. 5. Utilities. 'Tenant shall at its own expense arrange with the appropriate utility suppliers for services to the Leased Premises, pay all connection, meter and service charges and deposits required to connect utilities to the Leased Premises, and pay such utility suppliers directly for such services. Landlord shall not pay any sum in connection with utility installation or service on the Leased Premises. 6. Use, Transfers or Assianrnents. (a) Tenant's Use. Except as prohibited or restricted by the Permitted Exceptions, Tenant may use the Leased Premises solely for the Specific Use, provided that such purpose and use is in conformity with all applicable site plans, zoning, and Approvals, and other restrictions set forth in this Lease and which may otherwise apply to the Leased Premises. (b) Assignment, Subletting. Tenant shall not assign all or any part of this Lease or sublet all or any pail of the Leased Premises without Landlord's written consent; provided, however, that Tenant may sublease the Leased Premises to Wells/1vleCoy Steel Services, Inc. for the Specific Use, which such sublease shall: (1) be in a written form approved by Landlord without unreasonable denial or delay; and (2) terminate automatically at the expiration of the Lease Term or earlier termination as provided in this Agreement. In the case of any assignment or sublease permitted by Landlord.. Tenant shall not be released from any liability. 7. Indernnificatiou, Insurance. (a) indemnification. IN ADDITION TO ANY OTHER PROVISIONS OF THIS LEASE, TENANT SHALL INDEMNIFY, HOLD HARMLESS, AND, AT LANDLORD'S OPTION, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE DISCRETION) LANDLORD AND iTS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, LIENS, CLAIMS, DEMANDS, DAMAGES, EXPENSES, FEES, COSTS, REASONABLE ATTORNEY FEES AND LITiGATION COSTS, FINES, PENALTIES, SUITS, PROCEEDINGS, ACTIONS AND CAUSES OF ACTION OF ANY AND EVERY KIND AND NATURE ARISING OUT OF OR RELATING iN ANY WAY TO TENANT'S USE, OCCUPANCY, CONSTRUCTION, MANAGEMENT, CONTROL OR SUBLEASE OF THE LEASED PREMISES, IMPROVEMENTS OR TENANT'S OPERATIONS, CONDUCT OR ACTIVITIES. UNLESS .AND TO THE EXTENT THE SAME IS LEASE AGREEMENT PA X ., 4 DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACTS OR OMISSIONS OF LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS. TENANT'S OBLIGATIONS UNDER THIS PARAGRAPH 7(a) SHALL SURVIVE TIME EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM. (b) Tenant's Insurance. Tenant shall, at its expense, obtain comprehensive general liability insurance against all claims on account of bodily injury, personal injury or property damage, for which Tenant may, as a result of its operations or other use of the Lseased Premises, become liable. At a minimum, the insurance policies to be held by the Tenant shall be in effect at all times during the Lease Term, and shall include: (a) workers compensation insurance if required by applicable law in the amount required by law; and (b) general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A i" or better by A.M. Best's hey Rating Guide and licensed to do business in the State of Texas; and (ii) name the Landlord as an additional insured and contain a waiver of subrogation endorsement in favor of the Landlord. Upon request by the Landlord, the Tenant shall provide to the Landlord certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the Landlord as all additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the Landlord shall receive written notice of such cancellation, non -renewal or modification." (c) Workers Compensation. Tenant shall maintain workers compensation or similar insurance affording not less than Texas statutory coverage minimums and providing not less than statutory limits or benefits for all employees of Tenant employed at the Leased Premises. (d) Scope. The insurance or risk pool policies or duly executed certificates thereof, together with satisfactory evidence that the premium has been paid, shall be provided to Landlord on or before the Effective Date of this Lease; and, thereafter, evidence of continuing insurance and premium payment shall be delivered to Landlord not less than 30 days prior to the expiration of each policy required to be in force hereunder. If Tenant fails to maintain the required insurance or to deliver evidence of same this Lease will continue in full force and effect; provided, however, that Landlord may, but shall not be obligated to, obtain such insurance and be reimbursed by Tenant upon demand. (e) Waiver of Subrogation. Landlord shall not be liable by way of subrogation or otherwise to Tenant or to any insurance company insuring Tenant for any loss or damage to any of the property of the Landlord or Tenant covered by insurance even though such loss or damage might have been occasioned by the negligence of: (1) Landlord or its officers, directors, employees, agents, contractors, customers, or visitors and invitees of Landlord at the Leased Premises: or (2) Tenant or its Permitees. This waiver shall be in effect only so long as the applicable insurance or risk pool policies shall contain a clause or endorsement to the effect that the waiver shall not affect the right of the insured to recover under such policies. Tenant shall use its best efforts, including payment of any additional premium, to have its insurance policies contain the standard waiver of subrogation clause. In the event Tenant's insurance carrier declines to include in such carrier's policies a standard waiver of subrogation clause. Tenant shall promptly notify Landlord. S. Destruction Condemnation. (a) Destruction. (1) Cancellation. if any portion of the Improvements situated on the Leased Premises shall be damaged or destroyed, this Lease shall continue in full force and effect and shall not be affected thereby. (2) Restoration. In the event of unintended damage or destruction, Tenant shall remove any debris and cause the Leased Premises to be repaired or restored as Landlord may permit in writing, but in any event the Leased Premises shall be repaired or restored to a safe and sightly condition in compliance with all applicable laws. LEASE AGREEMENT PAGE (3) Insurance Proceeds. All of Tenant's insurance proceeds payable with respect to damage or destruction of the Improvements shall be retained by and be the property of'I'enant. (b) Condemnation. (1) Taking of Parking or Access. In the event of a taking by the power of eminent domain or conveyance in lieu thereof ("Taking") of the whole or any part of the Leased Premises, this Lease shall terminate as to the portion so taken but shall remain in full force and effect as to the balance of the Leased Premises. (2) Awards. All compensation awarded for any Taking of the Leased Premises, including any interest of Landlord or Tenant therein, shall be the property of Landlord, and Tenant hereby assigns to Landlord all of Tenant's rights, title and interest in and to any and all such compensation. (3) Restoration. If there is a Taking of all or part of the Leased Premises, Tenant, at its sole discretion and expense, shall restore and rebuild the Leased Premises, in such manner as Landlord may permit in writing, provided that the same shall be in accordance with all applicable laws. 9. General Provisions. (a) Notice. "Notice" shall mean any notice, notification, consent, approval, request, designation, submission, specification, election or other communication required or permitted under this Lease. All notices required by or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. To the City: City Manager City of Anna, Texas I I 1 N. Powell Parkway Anna, Texas 75409 With a copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Joiner: Frank B. Joiner Joiner Construction Co., Inc. 11408 Chairman Drive Dallas, Texas 75243 (b) Entire Agreement. This Lease embodies the entire agreement and understanding between the parties as to the lease of the Leased Premises by Tenant and supersedes all prior negotiations, agreements and understandings pertaining to such lease. Any provision of this Lease may be modified, waived or discharged only by an instrument in writing signed by the party against which enforcement of such modification, waiver or discharge is sought. This Lease is not intended to be nor shall it be construed as a service contract or contract for the sale of LEASE AGREEA,fENT PAGE. 6 goods by Landlord to Tenant. Landlord does not by entering into this Lease waive any immunities it may have under common law or statute. (c) Commission. Tenant and Landlord hereby represent to each other that neither- has entered into any agreement or understanding that would give rise to a real estate commission being owed in connection with this Lease, and each of Landlord and Tenant shall indemnify and hold the other harmless against any commission, payment, interest or participation claimed on account of this Lease with any party under any alleged agreement or understanding entered into on that party's behalf with the person or entity claiming the commission, payment, interest or participation. (d) Force Majeure. Each party shall be excused from performing an obligation or undertaking provided for in this Lease for so long as such performance is prevented, delayed, retarded or hindered by an Act of God, fire, earthquake, flood, explosion, action of the elements, tear, invasion, insurrection, riot, mob violence, sabotage, strike, lockout, action of labor unions, requisitions, laws, or orders of government or civil or military authorities. (e) Surrender. Upon the expiration of the Lease Term or earlier termination of this Lease ("Surrender Date"), Tenant shall surrender the Leased Premises to Landlord. Prior to surrender, Tenant may remove all Personal Property, all fixtures (including without limitation trade fixtures installed by Tenant), and all other installations or improvements, structures, buildings, HVAC equipment, paneling, partitions, railings, mezzanine floors, galleries and other structural features on the Property (collectively, "Tenant Removable Fixtures/Equipment"); provided, however, that Tenant may not at any time remove public infrastructure including water, sewer or drainage infrastructure. Any Tenant Removable Fixtures/Equipment not removed from the Property on or before the Surrender Date shall be and become the property of Landlord and shall be surrendered with the Leased Premises at the expiration or termination of this Lease unless Landlord notifies Tenant to the contrary in writing, in which event Tenant may thereafter remove such property, at its expense. Any property riot promptly removed by Tenant under the provisions of this subparagraph may, at Landlord's option, be deemed to have been abandoned by Tenant and may be retained by Landlord without any claim by Tenant_ Tenant shall in any event repair any damage to the Leased Premises caused by Tenant's removal of any property. (1) Applicable Law Construction. The laws of the State of "Texas shall govern the validity, performance and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. if any provision of this Lease is capable of two constructions, one of which would render the provision invalid and the other of which would make the provision valid, the provision shall have the meaning which renders it valid. The submission of this document for examination does not constitute an offer to lease, this document being effective only upon the conditions stated herein. Lease. (g) Time of the Essence. Time is of the essence with respect to each provision, term and covenant of this (h) Captions. The captions are for convenience and do not limit or define the provisions of this Lease. (i) Gender, Number. Whenever the sense of this Lease requires it, the use of (I) singular number shall be deemed to include the plural, (2) the masculine gender shall be deemed to include the feminine or neuter gender, and (3) the neuter gender shall be deemed to include the masculine and feminine gender. (j) Counterparts. This Lease may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one instrument. (k) Contract Interpretation. This Lease is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the language in dispute. (1) No Joint Venture. It is acknowledged and agreed by the parties that the terns hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. i..EASE AGREEMENT PAGE 7 (m) Binding Effect. All provisions of this Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. LANDLORD: THE CITY OF ANNA, TEXAS By: Printed Name: "Title: Date: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as and on behalf of Notary Public, State of Texas 'TENANT: JOINER CONSTRUCTION COMPANY, INC. Frank B. Joiner, its President STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of 2019, personally appeared Frank B. Joiner known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that lie executed the same in his capacity as President of Joiner Construction Company, Inc. Notary Public, State of Texas LEASE .AGREEMENT PAGE 8 Exhibit 1 Descri Lion and De fiction of Lease Area 1 and Lease Area 2 0 a �� u, t 4 t 111,01 €a A;NNA CITY HALE, / MUNICIPAL COURT J POLICE BUILDING HE CM OF ANNNA IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR. DRIVER'S LICENSE NUMBER. State of Texas § County of Collin § Joiner Construction Company, Inc., a Texas corporation ("Grantor"), for and in consideration of the sum of $10 and other good and valuable consideration to Grantor in hand paid by the City of Anna, Texas, a Texas home -rule municipality in Collin County, Texas ("Grantee"), the receipt of which is hereby acknowledged, has granted, sold, and conveyed, and by this instrument does grant, sell, and convey to the Grantee and its successors and assigns, all of that certain real property comprised of and described as follows: Being a 2.150 acre tract of land in the city limits of Anna, Texas and being within the Henry Brantley Survey, Abstract No. 71, Collin County, Texas, being all of Block 2, Lots 1-5, 8 & 9 in the Town of Anna as shown by plat thereof recorded in Volume 21, Page 368 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and all of Tract 147, a 1.1078 acre tract conveyed to Joiner Construction by deed recorded in Volume 2250, Page 244 (D.R.C.C.T.), and being described in further detail in the metes and bounds description attached hereto as Exhibit A, to have and to hold said real property, together with all and singular, the rights and appurtenances thereto and anywise belonging forever. Grantor does hereby bind itself and its successors and assigns to warrant and defend all and singular the premises to the Grantee and its successors and assigns, against every person lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to any and all valid and subsisting restrictions, easements, rights -of --way, reservations, zoning laws, ordinances of municipal or other governmental agencies or authorities, and conditions and covenants, if any, applicable to and enforceable against the property described above as shown by the official and certified records of the appropriate authorities. GRANTEE ACCEPTS THE PROPERTY AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH SELLER HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. [SIGNATURE PAGE FOLLOWS] GENERAL WARRt1NTY DEED Page 1 of 2 Executed on the day of 2019 in Collin County, Texas. JOINER CONSTRUCTION COMPANY, INC. By: Pe y Frank B. Joiner, its President STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the `,.w day of 2019, personally appeared Frank B. Joiner known to me (or proved to me) to be the person whose dame is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President and on behalf of Joiner Construction Company, Inc. �v Ole City Manager City of Anna, Texas 1 I I N. Powell Parkway Anna, Texas 75409 Notary Public, State o Texas GENERAL WARRANTY DEED Page 2 of 2 Being a 27<I50 acre tract of land situated in die City' limits of Anna. Texas and being y thin the 1lenDr Brantley survey, Abstract Nlo. 71 Collin County, Texans, being all of Moo* 2, Luts 8 & 9 in the ToNm of Anna as shown by plat thereof recorded in Volume 2.1, Page 368 of thus d Rccords of Collin County, Texas (D.R.C.C_T.) , and all of Tract 147, a I t 1078 acre tract conveyed to Touter Constsoiction by deed recorded its Volume. 5O,1'age 244 (D_ti.%_C." -. and being more particularly described by metes and bounds ns foll€tws:'. Bt^TlllNING ut a 518" capped irm rod for corner, said Iron, rod beirig can Hie xacarthe-= corner of l.,nt. 5. Blodk, 2 of vswd Town of'Araia plat, said. iron rod also being in the south right -cal may line of 6th street (W Ft401K) as sl oim on said Town of Anna flat, said iron rodalso being, on the northeast property corner of a 0.9274 acre tract conveyed. to Joiner constr€acti€ rl by deed texciraltd irr Volume 1952, Page 538 ( ,R.C'.0 .T.) THENCE south t tl'45'43" east along the east line of said Black 2, and also being along the east property lute of said €1,92.4 acre Jtainer c+. n%truct`tots tract, a distance €af'2149,35r feet to a point for corner, said point being on the soutlle~asl €canter of Lot 1, Block. 2 of said Town of Anna plat; and also, being on the south+:ast corner of said Block 2 THENCE North 8 "1.5,ti8,, West,, along the south, lace of said Block 2, and alit) hieing along The -Amarth pn)peavey I the of said 0,924 arc Jame Construction tract, a distarnce €�f €i17,�1•fa cet tat a'point f€sr eorw said point being on the Southwest Property Cor'rrer of said 1,1078 acre Joiner Construction tract, and also being in the east ri htmo spa} lime of S. Powell Parkway (1.1gliway 5- 8W R_ .V),said point also being in the west easoment 1itCe of a, 1 5-fbot utilityt usement. conveyed to the City €af"Anna, by deed recorded in Instrument. Number 20 M 1 IOM0030880 (D,R.C.C,T.)s THENCE North 040Q81 " Faeast, Yal0ii the west pr`operry lute caf :paid I.1078 acre Jrs[tier Catisrrtsction tract, ono being along the east ri tzofrl%rayr line of said S. Powell Parkway, said point also bring aloe; the west line of said 15 Afoot utility casement, a distance of 128,00 feet to a point for comer, said,point being on the northwest property; comer of said 1-10 8' acre Joiltur consitroction tract, and also being (in property comer of a 0_266 arse tract of land Conveyed to the City, of Anna by deed recording Information not found, (D.R.C..T.)l THLN t~;E South 8fa`S4'3,3'" Last, rcpa>irting the east a°i81st-€tl="say litre of said s; Ptso•el,l Parkway, and heirs, along the north property, [= ofsaid 1.1078 acre Joiner Coastrsrcti n tract, and also being along the s€tuI property lion of said 0.266 acre 0v of Atsnra tract, a distance of 166_55 feet to a 1?2" iron rod for corner, said iron rod being the southeast property comer of said 0,266 acre, City of Anna tract, arid. bcrng, tiro, southwest pmpitrty Comer (if a callocd 4o.165 acre tract € f laud conveyed to the City of Anna, by yr deed recorded in Instrument Number 21t 16 290013 i l 590 THENt:.-1✓ S#nasal? 89011`11" FasYA alirnq tlr rar.5rth Dropertyf line aat'said l<3;tJ78 acre Joiner cortsirustlort tzucr ;stsrJ also lacing on thr; so€sth property line of said �.165 a$crn r;ityof Anria tract, a dis#atae� cf 21i8. feet to a mint f'or ctsrncr, s�%d print being on, die southernmost north proplrt e line of said fl_�24 acre Joiner Construction tract„ and also being on the west litre of said Block 2; 1 l•Cf t CE, North OW''46' 0" East, along a west property lino of said OM4 acre ,bitter Construction tract, and also beitt Eg along the west tine of said Block 2, a distance of 14.00 feet to a 112" hers rod for corner, said iron rod being on a. rorthwst property t€ ez €tt said-0,924 afar J€iinor tract, saId iron rod Brag on the southwest comer cif of of said block 2 , said iron rod also being on a southeast property com-ir of said 4.165 acre City of Anna tract, THENCE South 89018'0'l'" East, uotag a ttaztl'r property litre cs1`staid 0.924 acre Juizree i;€5rrstmtl€arl tt';rct, an€1 laciraR iLl€tng the soaath lines rat lots 6 7 of said 13•l.+�el£ 2, .also l$cing alsnrtg Ilse ntrCla liar of a abatad�rnc€l Zf1-fo€at tt9l�y= ircc€trd info iatrt t%bunaf}, and also being along the eastemnlost south property tine. of said 4.165 acre City of Amna tract, a distance of,94,51 i�et. to an iron rod for comer, said icon rod being a, Yli1rc1 west proNsly comer of said 0,924 ure, Joiner t~olos`trrimon tra and beiizg on the southeast corner of Let r_ of said Block 2, said iron rod also bears South M5'18"West, a distance of ,473 feet frertt a 1 r2'" iron i7tarad fa r a sotrtl:ea t pe ala a t �' etsrfirer of said :tt15 acre ir4• t�f rana tract; `I IiEPit✓E Nrortl E`4}04610`, fast, altang, the west propmy line of'.said OM acre Joiner Construction tract; and being on th, e��t litre �sf l,nt t5, csfaid l�lrick ?. art�€t also tatting alotsg t3se �vtst Ilne, ot'said'2��t'tarat ats?�asdotte� alleyr, a_aJastarar:� �-sf 115%Uu feet to an I.a2" iron rest fUr c€ mer sari kon rod being tin die northwest propietty earner of said t},92e1 a€ -re Joiner Construction tract, and being on the northeast corner of said Lot 6, of said Mock 1, said iron rod also being on the south right,,00foway );no car sari ft Street,, said iron rod. also being 9. O'vvest of the oast propejoty tine of said 4.165 acre City,- f knna. tract, 'filFNSouth RR"5i°JZIY" Eras9ti along trig` northprtxp€�rtY lure €a€'said O.924ar*rc Jtiit!te:t Ccanslrution trautk it tlrstuarce of 134.51 facet to the l'0f:ta: i` OF B Eli�i II:NG and contiinitra'2.150 acmes cif"land , more or lea. GF No. 0129940 TX Title Company Disclosure for Residential Closings 1995 LAST CLOSING DOCUMENT TO BE EXECUTED TITLE COMPANY DISCLOSURES - RESH)ENTIAL CLOSINGS ONLY GUARANTY FILE No. 0129940 SELLER (whether one or more): JOIlVER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION BUYER (whether one or more): THE CITY OF ANNA LENDER: CASH PROPERTY: SITUATED IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71, COLLIN COUNTY, TEXAS, BEING ALL OF BLOCK 2, LOTS 1-5, 8 & 9 IN THE TOWN OF ANNA AS SHOWN BY PLAT THEREOF RECORDED IN VOLUME 21, PAGE 368 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT ..A.. By initialing some or all of the following items as may be appropriate for this transaction, each SELLER and/or BUYER acknowledges its understanding of the disclosures being made by RED RIVER TITLE COMPANY (hereinafter called "TITLE COMPANY"). Each disclosure is being made to Buyer and Seller on behalf of both TITLE COMPANY and its title insurance underwriter. 1) WAIVER OF INSPECTION. In consideration of the issuance by TITLE COMPANY to BUYER of a Texas Residential Owner Policy of Title Insurance (in this document such policy is referred to as the "Owner Title Policy") insuring good and indefeasible title to the Property, except as to be shown in Schedule B of the Owner Title Policy and subject to the terms and conditions of such Owner Title Policy, BUYER hereby waives any obligation on the part of TITLE COMPANY to inspect the Property. BUYER agrees to accept an Owner Title Policy containing the Schedule B exception for "RIGHTS OF PARTIES IN POSSESSION". "Rights of Parties in Possession" shall mean one or more persons or entities who are themselves actually physically occupying the property or a portion thereof under a claim or right adverse to the insured owner of the Property as shown on Schedule A of the Owner Title Policy. "Possession includes open acts or visible evidence of occupancy and may include any visible and apparent roadway or easement on or across all or any part of the Property (but this exception does not extend to any right, claim or interest evidenced by a document recorded in the real estate records maintained by the County Clerk of the county in which all or a part of Property is located). Buyer assumes full responsibility for obtaining possession from the Property's present occupants. However, if the BUYER does not initial this paragraph, the BUYER is indicating the BUYER'S refusal to accept an Owner Title Policy containing an exception as to "RIGHTS OF PARTIES IN POSSESSION". TITLE COMPANY may then require an inspection of the property and additional charges may be assessed for the reasonable and actual costs of such an inspection. TITLE COMPANY may make additional exceptions in Schedule B of the Owner Title Policy for matters revealed by such inspecfion. Buyer's Initial s 2) RECEIPT OF COMMITMENT. BUYER acknowledges having received a copy of the Commitment for Title Insurance issued in connection with the above referenced transaction and any copies of the docu is described therein requested by BUYER. _�� Buyer's Initials d 3) A. NO SURVEY COVERAGE. BUYER understands that the Owner Title Policy to be issued to BUYER will not provide title insurance coverage against any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. The TITLE COMPANY may provide this coverage (except for "Shortages in Area") upon being supplied with survey acceptable to the TITLE COMPANY and the payment of an additional premium equal to 15% of the basic premium charge. The TITLE COMPANY may make additional exceptions for those items shown on the survey BUYER DECLINES TO OBTAIN THIS ADDITIONAL COVERAGE. IF BUYER WISHES TO OBTAIN TffiS COVERAGE AND PAY THE ADDITIONAL 15% PREMIUM, BUY R IS REQUIRED TO CROSS -OUT THIS PARAGRAPH 3A. /� 1 Buyer's Initialy` -� �. . B. ACCEPTANCE OF SURVEY. BUYER has received. and reviewed a copy of the survey of the Property made in connection with this transaction and acknowledges being aware of the following matters disclosed by the survey: Buyer's Initials C. OTHER SURVEY MATTERS. The TITLE COMPANY has not attempted to determine if the Property lies in a special flood hazard area. The TITLE COMPANY has not made any representation concerning proximity of the Property in relation to any flood -plain or flood hazard area. BUYER is advised that information concerning special flood hazard areas may be available from county or municipal offices, a qualified surveyor or land -engineering company, or a private flood -plain consultant. Buyer's Initials 4) PROPERTY TAX PROBATIONS. Property taxes for the current year have been prorated between BUYER and SELLER, who each acknowledge and understand that these prorations are based upon (a) the sales price or the most current appraised value available and the most current tax rate available or (b) some other common method of estimation. SELLBR warrants and represents that there are no past due taxes owed on the Property and if such warranty and representation is untrue, the SELLER shall reimburse TITLE COMPANY, on demand, for any sums paid by the TITLE COMPANY to pay such taxes, and any related penalty and interest. Bi7YER and SELLER each agree that, when amounts of the current year's taxes become known and payable (on or about October 1st), they will adjust any changes of the proration and reimbursement between themselves and that TITLE COMPANY shall have no liability or obligation with respect to these prorations. v Buyer's Initials�� Seller's Initials �...,,� 5) TAX RENDITION AND EXEMPTIONS. Although the Central Appraisal District (CAD) may independently determine BUYER'S new ownership and billing address, BUYER is still obligated by law to "render" the Property for taxation by notifying the CAD of the change in the Property's ownership and of BUYER'S proper address for tax billing. BUYER is advised that current year's taxes may have been assessed on the basis of various exemptions obtained by SELLER (e.g., homestead or over-65). It is the BUYER'S responsibility to qualify for BUYER'S own tax exemptions and to meet any requirements prescribed by the taxing authorities. BUYER acknowledges and understands these obligations and the fact that TTI'LE COMPANY assumes no responsibIlity for future accuracy of CAD records copcerning ownership, tax -billing address, or status of exemptions. y Buyer's Initials 6 HOMEOWN_—�SOCIATION. BUYER acknowledges that ownership of the Property involves membership in a Homeowner's, Condominium or other Property Owner's Association (Association), to which monthly or annual dues or assessments may be owed. These dues or assessments may be enforceable by a lien against the Property. BUYER understands that the Association (or its managing agent) should be contacted by BUYER immediately to ascertain the exact amount of future dues or assessments. TITLE COMPANY has made no representations with respect to such Association's annual budget, pending repairs or deferred maintenance, if any, or other debts of the Association. BUYER accepts sole responsibility to obtain such information and verify its accuracy to BiIY ER'S satisfaction. �� �± Buyer's Initials _� 7) IRS REPORTING. SELLER acknowledges having received at closing a copy of the HUD-1 Settlement Statement as a Substitute Form 1099-5. In accordance with federal tax regulations, information from the HUD-1 Statement will be furnished to the Internal Revenue Service. Seller's Initials 8) CLOSING DISCLAIMER. SELLER and BUYER each acknowledge and understands that the above referenced transaction has not yet "closed". At this time, any change in possession of the Property takes place AT BUYER'S AND SELLER'S OWN RISK. BUYER and SELLER also recognize that neither TITLE COMPANY nor its title insurance underwriter is under any obligation to defend possession of the Property. The Owner Title Policy issued in connection with this transaction will except from coverage any relevant documents discovered dprt�g the final downdate search of the public records. f(�,�� Buyer's Initials; Seller's Initials � -`� `•.i 9) ERRORS AND OMISSIONS. In the event that any of the documents prepared in connection with the closing of this transaction contain errors which misstate or inaccurately reflect the true and correct terms, conditions and provisions of this closing, and the inaccuracy or misstatement is due to a clerical error or to a unilateral mistake on the part of the TITLE COMPANY, or to a mutual mistake on the part of the TITLE COMPANY and/or the SELLER and/or the BUYER, the undersigned agree to execute, in a timely manner, such correction documents as TITLE COMPANY may deem necessary to remedy such in accuracy or misstatement. �� 1 Buyer's Initial Seller's Initials �'`--�'�� 10) EXPLANATION OF OWNER TITLE POLICY. Neither the Commitment for Title Insurance nor the Owner Title Policy are abstracts of title, title reports or representations of title and should not be relied upon as such and that, although documents have been signed, money collected and/or disbursed, a final downdate search may be made which could result in an Owner Title Policy not being issued. No representation is made that the BLTI ER'S intended use of the Property is allowed under law or under the restrictions or ex jons affecting the Property. a Buyer's Initials s—�� �f 11) REPRESENTATIONS. In connection with the purchase of the Property, the BUYER acknowledges and represents that the Title Company Disclosures have been executed by the borrower and/or seller, res tively, and except as listed below, have not made any other representations. 1 Buyer's Initials � A Seller's Initials (TO BE COMPLETED IN BUYER'S OWN HANDWRITING) ,, £ Date: "7 fit" 20 JOINER CONSTRUCTION COMPANY, INC., A THE TEXAS CORPORATION By FRANK B. JOINER, PRESIDENT ll408 CHAIRMAN DRIVE �F DALLAS, TX, 75243 .�.� Mailing Address (if different) `�� State of Texas County of Collin By DAMES J. PROCE, CTI'Y MANAGER i�"1 111 N. POWELL PARKWAY ��,� � ANNA, TX, 75409 `? .' Mailing Address (if different)' Sworn to and subscribed before me the undersigned authority by JAMES J. PROCE, CITY MANAGER OF THE CITY OF ANNA, on this the 30st day of May, 2019. �. � s � p ,,... = .. Notary Public in and for the State of Texas State of Texas County of Collin ,i. 0 { { C. 4 f . ' .i �. (; � 4 J 1 )ids V 3r �D "' d Sworn to and. subscribed before me the undersigned authority by FRANK B. JOINER, PRESIDENT OF JOINER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION, on this the 30st day oI May, 2019 Notary Pu is in'and for the State of Texas �� �,� � E �� � �, r h � 7 � z � Being a 2.150 acre tract of land situated in the city limits of Anna, Texas and being within the Henry Brantley Survey, Abstract No. 71, Collin County, Texas, being all of Block 2, Lots 1-5, 8 & 9 in the Town of Anna as shown by plat thereof recorded in Volume 21, Page 368 of the Deed Records of Collin County, Texas (D.R.C.C.T.) ,and all of Tract 147, a 1.1078 acre tract conveyed to joiner Construction by deed recorded in Volume 2250, Page 244 (D.R.C.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" capped iron rod for comer, said iron rod being on the northeast comer of Lot 5, Block 2 of said Town of Anna plat, said iron rod also being in the south right-of-way line of 6th Street (80' R.O.W.), as shown on said Town of Anna plat, said iron rod also being on the northeast property comer of a 0.924 acre tract conveyed to Joiner Construction by deed recorded in Volume 1952, Page 538 (D.R.C.C.T.); T'EiENCE South 00°45'43" West along the east line of said Block 2, and also being along the east property line of said 0.924 acre joiner Construction tract, a distance of 249.35 feet to a point for comer, said point being on the southeast comer of Lot 1, Block 2 of said Town of Anna plat, and also being on the souffieast comer of said Block 2; THENCE North 89° 15'08" West, along the south line of said Block 2, and also being along the south property line of said 0.924 acre Joiner Construction tract, a distance of 617.46 feet to a point for comer, said point being on the southwest property comer of said 1.1078 acre joiner Constmction tract, and also being in the east right -of --way line of S. Powell Pazkway (Highway 5- 80' R.O.W.), said point also being in the west easement line of a 15-foot utility easement conveyed to the City of Anna, by deed recorded in Instmment Number 20120110000030880 (D.R.C.C.T.); THENCE North 04°08'10" East, along the west property line of said 1.1078 acre Joiner Constmction tract, and being along the east right-of-way line of said S. Powell Parkway, said point also being along the west line of said 15-foot utility easement, a distance of 128.00 feet to a point for corner, said point being on the northwest property comer of said 1.1078 acre Joiner Constmcfion tract, and also being on the southwest property comer of a 0.266 acre tract of land conveyed to the City of Anna by deed, recording information not found, (D.R.C.C.T.); THENCE South 86°59'33" East, departing the east right-of-way line of said S. Powell Parkway, and being along the north property line of said 1.1078 acre Joiner Construction tract, and also being along the south property line of said 0.266 acre City of Anna tract, a distance of 166.55 feet to a 1/2" iron rod for comer, said iron rod being the southeast property comer of said 0.266 acre City of Anna tract, and being the southwest property corner of a called 4.165 acre tract of land conveyed to the City of Anna, by deed recorded in Instrument Number 20160929001311580; THENCE South 89°11'11" East, along the north property line of said 1.1078 acre Joiner Construction tract, and also being on the south property line of said 4.165 acre City of Anna tract, a distance of 208.99 feet to a point for comer, said point being on the southernmost north property line of said 0.924 acre Joiner Construction tract; and also being on the west line of said Block 2; THENCE North 00°46'10" East, along a west property line of said 0.924 acre Joiner Constmction tract, and also being along the west line of said Block 2, a distance of 14.00 feet to a 1/2" iron rod for corner, said iron rod being on a northwest property comer of said 0.924 acre Joiner Construction tract, said iron rod being on the southwest comer of Lot 7, of said Block 2 ,said iron rod also being on a southeast property comer of said 4.165 acre City of Anna tract; THENCE South 89°18'Ol" East, along a north property line of said 0.924 acre Joiner Constmction tract, and being along the south lines of Lots 6 & 7 of said Block 2, also being along the north line of a abandoned 20-foot alley (record info not found), and also being along the easternmost south property line of said 4.165 acre City of Anna tract, a distance of 99.53 feet to an iron rod for corner, said iron rod being a northwest property comer of said 0.924 acre Joiner Construction tract, and being on the southeast comer of Lot 6, of said Block 2, said iron rod also beazs South 88°35'18" West, a distance of 9.473 feet from a 1/2" iron rod found for a southeast property corner of said 4.165 acre City of Anna tract THENCE North 00°46'10" East, along the west property line of said 0.924 acre Joiner Constmcfion tract, and being on the east line of Lot 6, of said Block 2; and also being along the west line of said 20-foot abandoned alley, a distance of 115.00 feet to an 1/2" iron rod for comer, said iron rod being on the northwest property comer of said 0.924 acre Joiner Construction tract, and being on the northeast corner of said Lot 6, of said Block 2, said iron rod also being on the south right-of-way line of said 6th Street, said iron rod also being 9.50' west of the east property line of said 4.165 acre City of Anna tract, THENCE South 88°5T22" East, along the north property line of said 0.924 acre Joiner Construction tract, a distance of 134.97 feet to the POINT OF BEGINNING and containing 2.150 acres of land, more or less. TAX PRORATION AGREEMENT AND DISCLOSURES GF# 0129940 DATE: May 31, 2019 BUYER: THE CITY OF ANNA SELLER: JOINER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION Property: SITUATED IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71, COLLIN COUNTY, TEXAS, BEING ALL OF BLOCK 2, LOTS 1-5, 8 & 9 IN THE TOWN OF ANNA AS SHOWN BY PLAT THEREOF RECORDED IN VOLUME 21, PAGE 368 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "A". Seller has sold the Property to Buyer and as part of the settlement of this transaction, 1. Ad valorem real property taxes for the current year ®have ❑have not been prorated between the parties. 2. Personal property taxes, if any, as to any inventory, mobile home or other personal property situated on the Property ❑have ®have not been prorated between the parties. 3. Disclosures: ®Proration of taxes, if any, is based on tax information from the prior year, the Current year's tax status not yet being avaIlable. ®Taxes on the Property for the prior year did not include the value of any NEW CONSTRUCTION. Proration of taxes for the current year is based on information provided by the appraisal district that the property will be taxed as ❑Unimproved ❑Partially improved ❑Fully improved ❑ Taxes on the property are currently based on an OVER 65 exemption which will not be allowed for the remainder of the current year. Proration of taxes is based on the exemption through settlement, but should not be used to estimate taxes for the full current year, nor fox subsequent years. ❑ Taxes on the property are currently based on an AGRICULTURAL, OPEN SPACE OR FOREST LAND valuation and maybe subject to ROLLBACK, with additional taxes becoming due for the current and/or prior years. ❑ Taxes on the property are currently based on a description that appears to contain more land area than the property, as conveyed, appears to contain. This could result in the imposition of a SUPPLEMENTAL TAX BILL for the current and/or prior years. ❑ Some or all of the property is not currently being faxed as an independent tax tract or tracts. It is unlikely that the taxing authority(ies) will recognize the property independently for the current year's taxes and, therefore, NEITHER BUYER NOR SELLER MAY INDEPENDENTLY PAY TAXES FOR TIISE CURRENT YEAR ON THEIR INDIVIDUAL PORTIONS OF LAND. 4. Red River Title Company (Settlement Agent) can neither guarantee the accuracy of the tax information provided to it by third parties, nor of any good -faith estimates upon which tax prorations may have been made. 5. The amount of escrow collected at closing for future payment of taxes (Tax Escrow) is determined by Lender, not by Settlement Agent. 6. Settlement Agent assumes no responsibility for notifying taxing entities of this transaction, nor for assisting Buyer with application for any exemptions or special valuations. 7. Personal property: Neither title to nor taxes on items of personal property are covered by title insurance. 8. Escrowed Funds: All funds received in this transaction shall be deposited with other funds in one or more non - interest bearing escrow accounts of Escrow Agent in a state or national bank selected by Escrow Agent. Escrow Agent shall have no obligation to account to the parties to this transaction in any manner for the value of, or pay to such party any benefit received by Escrow Agent, directly or indirectly, by reason of the deposit of any such funds or the maintenance of such accounts with such bank. Those benefits may include, without limitation, credits allowed by such bank on loans to Escrow Agent's parent company and on accounting, reporting and other services. All parties depositing funds in connection with this escrow are hereby notified that the funds so deposited are insured only to the limit provided by the Federal Deposit Insurance Corporation. Agreement: ® Buyer and Seller agree and hereby instruct Settlement Agent to use the following estimated amounts) for proration of taxes for the current year: COLLIN County: $804.07 COLLIN COUNTY County College: $361.24 City of ANNA: $2,629.84 ANNA ISD: $7,427.55 ❑ Seller and Buyer agree and hereby instruct Settlement Agent to perform NO PRORATION of taxes for the current car — AND — LJ SELLER AND BUYER AGREE TO COOPERATE to pay the taxes for the current year on the Property at such time as the tax bills are issued and before they become delinquent, each paying their prorated portion, Settlement Agent having no liability therefore. ❑ Seller and Buyer agree that SELLER WILL BE FULLY RESPONSIBLE for payment of taxes for the current year on the Property at such time as the tax bills are issued and before they become delinquent, Settlement Agent having no liability therefore ❑ Seller and Buyer agree THAT BUYER WILL BE FULLY RESPONSIBLE for payment of taxes for the current on the property at such time as the tax bills are issued and before they become delinquent, Settlement Agent having no liability therefore. 9. In the event actual taxes for current year are determined to be more or less than the figures used by Settlement Agent for estimates or prorations, or by lender for Tax Escrow, Seller and Buyer agree to adjust any differences between and among themselves and/or Lender, and to hold Settlement Agent harmless from any liability therefore. 10. Should a bill for Supplement Tax(es) for prior years be issued on the Property, Seller agrees to immediately pay such taxes and to indemnify and hold harmless Settlement Agent, Alllant National Title Insurance Company (Underwriter), and it's Agent. 11. Buyer and Seller agree to indemnify and hold harmless Settlement Agent, Alliant National Title Insurance Company, (Underwriter), and its Agent with regard to any Rollback Tax(es) for prior years. May 30, 2019 OF JOINER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION By FRANK B. JOINER, PRESIDENT ,�u F 1 �h Y M#- 2 Being a 2.150 acre tract of land situated in the city limits of Anna, Texas and being within the Henry Brantley Survey, Abstract No. 71, Collin County, Texas, being all of Block 2, Lots 1-5, 8 & 9 in the Town of Anna as shown by plat thereof recorded in Volume 21, Page 368 of the Deed Records of Collin County, Texas (D.RC.C.T.) ,and all of Tract 147, a 1.1078 acre tract conveyed to joiner Construction by deed recorded in Volume 225Q, Page 244 (D.R.C.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" capped iron rod for comer, said iron rod being on the northeast comer of Lot 5, Block 2 of said Town of Anna plat, said iron rod also being in the south right -of --way line of 6th Street (80' R.O.W.), as shown on said Town of Anna plat, said iron rod also being on the northeast property corner of a 0.924 acre tract conveyed to Joiner Construction by deed recorded in Volume 1952, Page 538 (D.R.C.C.T.); THENCE South 00°45'43" West along the east line of said Block 2, and also being along the east property line of said 0.924 acre Joiner Construction tract, a distance of 249.35 feet to a point for comer, said point being on the southeast comer of Lot 1, Block 2 of said Town of Anna plat, and also being on the southeast comer of said Block 2; THENCE North 89° 15'08" West, along the south line of said Block 2, and also being along the south property line of said 0.924 acre Joiner Construction tract, a distance of 617.46 feet to a point for comer, said point being on the southwest property comer of said 1.1078 acre Joiner Construction tract, and also being in the east right -of --way line of S. Powell Parkway (Highway 5- 80' R.O.W.), said point also being in the west easement line of a 15-foot utility easement conveyed to the City of Anna, by deed recorded in Instrument Number 20120110000030880 (D.R.C.C.T.); THENCE North 04°08'10" East, along the west property line of said 1.1078 acre Joiner Construction tract, and being along the east right -of --way line of said S. Powell Parkway, said point also being along the west line of said 15-foot utility easement, a distance of 128.00 feet to a point for corner, said point being on the northwest property comer of said 1.1078 acre Joiner Construction tract, and also being on the southwest property comer of a 0.266 acre tract of land conveyed to the City of Anna by deed, recording information not found, (D.R.C.C.T.); THENCE South 86°59'33" East, departing the east right-of-way line of said S. Powell Parkway, and being along the north property line of said 1.1078 acre Joiner Construction tract, and also being along the south property line of said 0.266 acre City of Anna tract, a distance of 166.55 feet to a 1/2" iron rod for comer, said iron rod being the southeast property comer of said 0.266 acre City of Anna tract; and being the southwest property comer of a called 4.165 acre tract of land conveyed to the City of Anna, by deed recorded in Instrument Number 20160929001311580; THENCE South 89°ll'11" East, along the north property line of said 1.1078 acre Joiner Construction tract, and also being on the south property line of said 4.165 acre City of Anna tract, a distance of 208.99 feet to a point for comer, said point being on the southernmost north property line of said 0.924 acre Joiner Construction tract, and also being on the west line of said Block 2; THENCE North 00°46'10" East, along a west property line of said 0.924 acre Joiner Construction tract, and also being along the west line of said Block 2, a distance of 14.00 feet to a 1/2" iron rod for corner, said iron rod being on a northwest property comer of said 0.924 acre Joiner Construction tract, said iron rod being on the southwest comer of Lot 7, of said Block 2 ,said iron rod also being on a southeast property comer of said 4.165 acre City of Anna tract; THENCE South 89° 18'O1" East, along a north properly line of said 0.924 acre joiner Construction tract, and being along the south lines of Lots 6 & 7 of said Block 2, also being along the north line of a abandoned 20-foot alley (record info not found), and also being along the easternmost south property line of said 4.165 acre City of Anna tract, a distance of 99.53 feet to an iron rod for comer, said iron rod being a northwest property comer of said 0.924 acre Joiner Construction tract, and being on the southeast comer of Lot 6, of said Block 2, said iron rod also bears South 88°35'18" West, a distance of 9.473 feet from a 1/2" iron rod found for a southeast property comer of said 4.165 acre City of Anna tract; THENCE North 00°46'10" East, along the west property line of said 0.924 acre Joiner Construction tract, and being on the east line of Lot 6, of said Block 2, and also being along the west line of said 20-foot abandoned alley, a distance of 115.00 feet to an 1/2" iron rod for comer, said iron rod being on the northwest property comer of said 0.924 acre Joiner Construcfion tract, and being on the northeast comer of said Lot 6, of said Block 2, said iron rod also being on the south right -of --way line of said 6th Street, said iron rod also being 9.50' west of the east property line of said 4.165 acre City of Anna tract; THENCE South 88°5T22" East, along the north property line of said 0.924 acre Joiner Construction tract, a distance of 134.97 feet to the POINT OF BEGINNING and containing 2.150 acres of land, more or less. . , �, . � � - GF #: 0129940 BUYER: THE CITY OF ANNA SELLER: JOINER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION PROPERTY: 206 E. 7TH STREET, ANNA, TX 75409 LEGAL DESCRIPTION: SITUATED IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71, COLLIN COUNTY, TEXAS, BEING ALL OF BLOCK 2, LOTS 1-5, 8 & 9 EV THE TOWN OF ANNA AS SHOWN BY PLAT THEREOF RECORDED IN VOLUME 21, PAGE 368 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "A". I hereby certify that I have received and reviewed a copy of the survey by GARY CLINTON HENDRICKS, dated May 16, 2019, and am aware of and accept the encroachments, easements, limitations and/or conditions there on. I further certify that I understand that Red River Title Company had nothing to do with the preparation of the survey as referenced above. Any errors associated with said survey are the responsibility of the surveyor. TANAGER t*1 p.,1. U10 Being a 2.150 acre tract of land situated in the city limits of Anna, Texas and being within the Henry Brantley Survey, Abstract No. 71, Collin County, Texas, being all of Block 2, Lots 1-5, 8 & 9 in the Town of Anna as shown by plat thereof recorded in Volume 21, Page 368 of the Deed Records of Collin County, Texas (D.R.C.C.T.) , and all of Tract 147, a 1.1078 acre tract conveyed to Joiner Construction by deed recorded in Volume 2250, Page 244 (D.RCC.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" capped iron rod for comer, said iron rod being on the northeast comer of Lot 5, Block 2 of said Town of Anna plat, said iron rod also being in the south right-of-way line of 6th Street (80' R.O.W.), as shown on said Town of Anna plat, said iron rod also being on the northeast property comer of a 0.924 acre tract conveyed to Joiner Construction by deed recorded in Volume 1952, Page 538 (D.R.C.C.T.); THENCE South 00°45'43" West along the east line of said Block 2, and also being along the east property line of said 0.924 acre Joiner Construction tract, a distance of 249.35 feet to a point for comer, said point being on the southeast comer of Lot 1, Block 2 of said Town of Anna plat, and also being on the southeast corner of said Block 2; THENCE North 89° 15'08" West; along the south line of said Block 2, and also being along the south property line of said 0.924 acre Joiner Construction tract, a distance of 617.46 feet to a point for comer, said point being on the southwest property corner of said 1.1078 acre Joiner Construction tract, and also being in the east right-of-way line of S. Powell Parkway (Highway 5- 80' R.O. W.), said point also being in the west easement line of a 15-foot utility easement conveyed to the City of Anna, by deed recorded in Instrument Number 20120110000030880 (D.R.C.C.T.); THENCE North 04°08'10" East, along the west property line of said 1.1078 acre Joiner Construction tract, and being along the east right-of-way line of said S. Powell Parkway, said point also being along the west line of said 15-foot utility easement, a distance of 128.00 feet to a point for comer, said point being on the northwest property corner of said I.1078 acre Joiner Construction tract, and also being on the southwest property comer of a 0.266 acre tract of land conveyed to the City of Anna by deed, recording information not found, (D.R.CCT.); THENCE South 86°59'33" East, departing the east right-of-way line of said S. Powell Parkway, and being along the north property line of said 1.1078 acre Joiner Construction tract, and also being along the south property line of said 0.266 acre City of Anna tract, a distance of 166.55 feet to a 1/2" iron rod for comer, said routed being the southeast property corner of said 0.266 acre City of Anna tract, and being the southwest property comer of a called 4.165 acre tract of land conveyed to the City of Anna, by deed recorded in Instrument Number 201609290013115803 THENCE South 89°11'11" East, along the north property line of said 1.1078 acre Joiner Construction tract, and also being on the south property line of said 4.165 acre City of Anna tract, a distance of 208.99 feet to a point for corner, said point being on the southernmost north property line of said 0.924 acre Joiner Construction tract, and also being on the west line of said Block 2; THENCE North 00°46'10" East, along a west property line of said 0.924 acre Joiner Construction tract, and also being along the west line of said Block 2, a distance of 14.00 feet to a 1/2" iron rod for comer, said iron rod being on a northwest property comer of said 0.924 acre Joiner Construction tract, said iron rod being on the southwest comer of Lot 7, of said Block 2 , said iron rod also being on a southeast property comer of said 4.165 acre City of Anna tract; THENCE South 89°18'01" East, along a north property line of said 0.924 acre joiner Construction tract, and being along the south lines of Lots 6 & 7 of said Block 2, aLso being along the north line of a abandoned 20-foot alley (record info not found), and also being along the easternmost south property line of said 4.165 acre City of Anna tract, a distance of 99.53 feet to an iron rod for comer, said iron rod being a northwest property comer of said 0.924 acre Joiner Construction tract, and being on the southeast comer of Lot 6, of said Block 2, said iron rod also bears South 88035'18" West, a distance of 9,473 feet from a 1/2" iron rod found for a southeast property comer of said 4.165 acre City of Anna tract; THENCE North 00°46'10" East, along the west property line of said 0.924 acre Joiner Construction tract, and being on the east line of Lot 6, of said Block 2, and also being along the west line of said 20-foot abandoned alley, a distance of 115.00 feet to an 1/2" iron rod for comer, said iron rod being on the northwest property comer of said 0.924 acre Joiner Construction tract, and being on the northeast corner of said Lot 6, of said Block 2, said iron rod also being on the south right-of-way line of said 6th Street, said iron rod also being 9.50' west of the east property line of said 4.165 acre City of Anna tract; - THENCE South 88057'22" East, along the north property line of said 0.924 acre Joiner Construction tract, a distance of 134.97 feet to the POINT OF BEGINNING and containing 2.150 acres of land, more or less. A. Settlement Statement U.S. Department of Horsing OMB No. 2502-0265 and Urban Development B. T e of Loan 1. O FIIA 2. ❑ FmHA 3. � Conv Unins 6. File Number 7. Loan Number 8. Mortgage Ins Case Number 4. ❑ VA 5. O Conv Ins. 6. � Seller Finance 0129940 7. ©Cash Sate. C. Note: This fort¢ is famished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items mazked "(p.o.e.)" were paid outside the closing; they are shown here tnr informational oumoses and are not inoluded in the totals. D. Name &Address of Borrower TILE CLTY OF ANNA 111 N. POWELL PARKWAY ANNA,'1'X 75409 E. Name 8c Address of Seller F. Name &Address of Lender JOINER CONSTRUCTION COMPANY, CASK INC., A TEXAS CORPORA'LTON ll408 CHAIRMAN DRIVE DALLAS, 1'X 75243 G. Property Location H. Settlement Agent Name RED RIVER TTTLE COMPANY OLD DONATION, Block 2, Lof 1-5 8 9, Collin County 421 N. Crockett 206 E. 7TH STREET Sherman, TX 75090 Tax ID: 20-0734843 ANNA,'1'X 75409 Loderwritten By: Alliant National Title Insurance Company Place of Settlement I. Settlement Date RED RIVER TITLE COMPANY 5/30/2019 421 N. CROCKE'I'T Flmd: 5/30/2019 SHERMAN, TX 75090 J. Summary of Borrower's Traosxetion K. Summary of Seller's Transaction L00. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 101. Contract Sales Price $1,300,000.00 401. Contraot Sales Price $1,300,000.00 ]02. Persona( Property 402. Personal Property 103. Settlement Charges to borrower $7,494A0 403. 104. 404. 105. 405. Adjustments 1'or items paid by seller in advance Adjustments for items paid by seller in advance ]06. Annual Assessments 406. Annual Assessments 107. City Property Taxes 407. City Property Taxes 108. County Property Taxes 408. CounTy Property "faxes 109. HOA Dues 409. HOA Dues 110. Ken[s 410. Rents 111. School Property Taxes 41 I. School Property Taxes 112. 412. 113. 413. ] 14. 414. 115. 415. 116. 4t6. 120. Gross Amount Due From Borrower $1 307 494.00 420. Gross Amount Due [o Seller $1 300 000.00 200. Amounts Paid By Or in Bekalf Of Borrower 500. ReducCions iu Amount Due to Seller 201. Depositor earnest money 501. Excess Deposit 202. Principal amount of new loans) 502. Settlement Charges to Seller (line 1400) $258.98 203. Existing ]oan(s)taken subject to 503. Existing Loan(s)'faken Subjeetto 204. Loan Amount 2nd Lien 504. Payoff of first mortgage loan to 205. 505. Payoff of second mortgage loan to 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. Annual Assessments 510. Annual Assessments 211. City Property Taxes 511. City Property Taxes 212. County Property Taxes Ol/Ol/19 Yhm OSY30/19 $4,612.07 512. CounTy Property Taxes OI/01/191hru OS/30/19 $4,612A7 213. IiOA Dues 513. HOADues 214. Rents 514. Rents 215. School Property Taxes 515. School Property Taxes 216. 516. 217. 517. 218. 5 ] 8. 2t9. 519. 220. Total Paid B/For Borrower $0. 612.07 520. Total Reduction Amouot Due Seller $4 871.05 300. Cash At Settlement From/To Borrower 600. Cash At Settlement Tomrom Seller 301. Gross Amount due from bortower (line 120) $1,307,49AA0 601. Gross Amouut due [o seller (line 420) $1,300,000.00 302. Less amounts paid by/for borrower (line 220) $4,612.07 602. Less reductions in amt. due seller Qine 520) $4,871.05 303. Cash Flom Borrower $1,302,881.93 603. Cash To Seller $1,295,128.95 Section 5 of the Real Estate Settlement Procedures Act (RESPA) requires the Section 4(a) of ftESPA mandams that HUD develop end prescribe [his standard following: •HUD must develop a Special Information Booklet m help persons form Co be used at the time of Loan settlement to provide full disclosure of all charges borrowing money to finance the purchase of residential real estate to better imposed upon the borrower and seller These are third party disclosures Chat are understand Cha nature and costs of real estate settlement services; designed to provide the borrower with pertinent information during the settlement • Each lender must provide the booklet m all applicants from whom it receives or for process in order m be a better shopper. whom it prepares a written application to borrow money to finance the purchase of The Public Reporting Burden for Phis collection of information is estimated to residential real estate; •Lenders must prepare and distribute with the Booklet a vemge one hour per response, including Che time for reviewing instmctions Good Faith Estimate of the settlement costs that the borrower is likely to incur in earthing existing data sources, gathering and maintaining the data needed, and connection with the settlement. These disclosures are mandatory. omplering and reviewing the collector of information. This agency may not collect this information, and you are not requimd to wmplete this form, unless it displays a currently valid OMB control number. The information requested does not Tend itaelfto confidentiality. Previous Editions are Obsolete - Page 1 form HUD-1 (3/86) Handbook 4305.2 File No. 0129940 700. _. ____- 'total SalesBroker's Commission based on price $1,300,000.00 @ % _ $0.00 Paid From Borrower's Funds at Settlement Paid From Seller's Flrnds at Settlement Division of Commission Qine 700) as follows: 701. to 702. to 703. Commission Paid at Settlement $0.00 $0.00 704. The following persons, firms or to 705. corporation s received a portion to 706. of the real estate commission amount [n 707. shown above: to 800. Items Payable in Connecfion with Loan 801. Loan Origination Fee % to 802. Loan Discount % [o 803. Appraisal Fee to 804. Credit Repod to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application to 807. Assumption Fee to 808. Underwriting Fee to 809. Tax Service Fee to 810. Processing Fee to 811. Flood Certification [o 900. Items Required by Lender To Be Paid in Advance 901. Interest from 5/30/2019 to 6/I@019 @ $0 /day 902. Mortgage Insurance Premium for months to 903. Hazazd Insurance Premium for yews to 1000. Reserves Deposifed With Lender 1001. Huard insurance months @ per month $0.00 1002. Mortgage insurance months @ per month $0.00 1003. Annual Assessments months @ per month $0.00 1004. City Property Taxes months @ per month $0.00 1005. County Property Taxes months @ per month $O.OU ]006.HOA Dues months@ per month $0.00 ]007. Rents months @ per month $0.00 1008. School Property Taxes months @ per month $0.00 ]009. Flood insurance 0 months @ $0.00 1011. Aggregate Adjustment 1100. Title Charges 1101. Settlement or closing fee to 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorneys fees to (includes above items numbers: ) 1108. Title insurance to RED RNER TITLE COMPANY $7,229.00 (includes above items numbers: ) 1109. Lender's coverage $0.00/$0.00 . 1110. Owner's coverage $1,300,000.00/$7,229.00 1111. Guaranty Fee to RED RIVER T[TLE EEE TRUST ACCT CO. GOARANTY $2 00 1112. Escrow fee to RED RIVER TI'PLE COMPANY $225.00 $225.00 1113. Courier fee to RED RNER TITLE COMPANY 1114. Tax Certificate to RED RIVER TITLE COMPANY $33.9R 1200. Government Recording and Transfer Charges 1201. Reco[ding Fees Deed $34.00; MoRgage ; Rel Co RED RIVER TITLE COMPANY $34.00 1202. City/county tax/stamps Dead ;Mortgage to 1203. State tax/stampS Deed ;Mortgage to 1204. ]rReoording Fee to RED RIVER TITLE COMPANY $4.U0 1300. Additional Settlement Charges 1301. Survey to 1302. Pest Inspection to 1400. Total Settlemcnt Charges (enter on lines 103, Section J and 502, Section K) $7,494.00 $25R.98 I have carefully reviewed the HUD-] Settlement Statement and to the best of my knowledge and belief, it is fl true and accurate statemeut of all receipts and disbursements made on my account or by me in ffiis transaction I further certify that I have received a completed copy of pages 1, 2 and 3 of this HUD -I Settlement statemeut. File No. THE JOINER CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION f By JA�IES V. PROCE, CITY MANAGER By FRANK B. JOINER, PRESIDENT ! SET'fLHMENT AGENT CERTIFICATION \,T,h -IUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction, I have caused the funds to be disbursed in accordance with this statement. Settlement�� Date Warning: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment For details see: Title 18 U.S. Code Section 1001 and Section 1010. Previous Editions are Obsolete Page 2 form HUD-1 (3/86) Handbook 4305.2 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is entered into by and between the City of Anna, Texas, a Texas home -rule municipality ("Landlord") and Joiner Construction Company, Inc., a Texas corporation ("Tenant"). For valuable consideration the parties agree and act as follows: 1. Definitions. The following terms have the meanings set forth below: (a) City Council. The City Council of the City of Anna, Texas. (b) Effective Date. The effective date of this Lease and the date upon which this Lease shall take effect is the date of the Closing, as that term is defined in Section VI of that certain Contract for Sale and Leaseback of Real Property ("Conveyance Agreement") under which fee simple title to the Property was sold and conveyed by Tenant to Landlord. (c) Leased Premises. The Leased Premises is located in the City of Anna, Collin County, Texas and solely includes: (1) an approximately 1.80-acre portion of the Property ("Lease Area 1") including only those structures and appurtenances existing thereon as of the Conveyance Date ("Existing Improvements"), said Lease Area 1 being more particularly described and depicted in the attached Exhibit 1; and (2) an approximately 0.506- acre portion of real property owned by Landlord that adjoins the Property ("Lease Area 2") said Lease Area 2 being more particularly described in the attached Exhibit 1. (d) Lease Term. Unless terminated sooner in accordance with the terms of this Lease, a term commnencing upon conveyance of the Property from Tenant to Landlord ("Conveyance Date") under the Conveyance Agreement and ending on the expiration of the last day of the month that is 12 full months after the month during which the Conveyance Date occurred. (e) Peimitees. All officials, officers, directors, employees, agents, contractors, customers, visitors and invitees of Tenant at the Leased Premises, (f) Permitted Exceptions. The conditions, restrictions, easements and encumbrances, if any, affecting title to the Leased Premises set forth in the owner's title of policy insurance obtained by Landlord pursuant to the Conveyance Agreement. (g) Property. The real property located in the Anna Original Donation, Collin County, including Anna Original Donation (Can), Blk 2, Lot 1-5 8 9 & ABS-71 Henry Brantley Sur., Tr. 147, Anna, Collin Co., Texas, said tract(s) being located at the street address commonly known as 206 E. 7`" Street, Anna, Texas 75409. (h) Specific Use. The use by Tenant or a sublessee of Tenant of the Leased Premises solely as the site o£ (1) a steel fabrication business including the onsite fabrication of heavy structural steel on Leased Area 1; and (2) parking of Permittee vehicles on Lease Area 2. 2. Demise, Lease Term. (a) Demise and Grant of Leased Premises. Landlord hereby leases to Tenant and Tenant accepts from Landlord under the terms, provisions and conditions of this Lease the Leased Premises solely for the Specific Use commencing on the Effective Date hereof and continuing until the expiration of the Lease Term or earlier termination as hereinafter provided. The Lease Term and this Lease shall automatically expire immediately if. (1) the Leased Premise is used for any purpose other than the Specific Use; or (2) the Specific Use is not continued for a period more than 30 consecutive days. (b) Quiet Enjoy. Upon Tenant's payment of all rent hereunder as same becomes due and observance and perforniance of the covenants, terms and conditions to be observed and performed by Tenalit pursuant to this Lease, Tenant shall have throughout the Lease Term, peaceful, quiet and undisturbed use and possession of the Leased Premises solely for the Specific Use and all rights and privileges appertaining thereto, subject to the terms, conditions and provisions of this Lease. (c) Landlord's Title, Subordination. Landlord covenants, represents and warrants to Tenant as follows: (1) Title. Landlord hereby represents and warrants that it owns good and indefeasible fee simple title in and to the Leased Premises, subject only to the Permitted Exceptions, and has full right and authority to make this Lease. (2) No Actions. There are no actions, suits or proceedings pending or to the best of Landlord's knowledge, threatened against Landlord and affecting any portion of the Leased Premises, at law or in equity, or before any federal, state, municipal or other governmental court, department, commission, board, bureau, agency or instrumentality, domestic or foreign. (3) Authori .The execution and consummation of this Lease by Landlord has been duly authorized and does not result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, agreement, instrument or obligation to which Landlord is a party or by which the Leased Premises or any portion thereof is bound. However, notwithstanding the foregoing or any term or provision of this Lease, any and all rights and obligations of Landlord and Tenant hereunder are subject to and shall not be effective unless and until there has been formal approval or conditional approval by the City Council of this Lease at a duly noticed public meeting. (f) Condition of Leased Premises. TENANT UNDERSTANDS AND ACKNOWLEDGES ITS ACCEPTANCE OF THE LEASED PREMISES IS WITHOUT RECOURSE, REPRESENTATION OR WARRANTY (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND LANDLORD IS LEASING THE LEASED PREMISES AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH LANDLORD HEREBY )ISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS, TENANT HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT LANDLORD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE LEASED PREMISES. TENANT ACKNOWLEDGES THAT TENANT HAS INSPECTED THE LEASED PREMISES AND ACCEPTS THE LEASED PREMISES "AS IS," "WHERE IS" AND "WITH ALL FAULTS." 3. Rent and Taxes. Tenant shall pay Landlord the following amounts: (a) Rent. (1) Tenant shall pay to Landlord as rent ("Rent") for the Leased Premises for the Lease Term, a single lump sum payment of $10, the receipt and sufficiency of which is hereby acknowledged. (2) If Tenant occupies or possesses the Leased Premises or any portion thereof after the expiration of the Lease Term for any reason, the Rent shall increase to $5,000 per month or partial month with no proration) due on the fifth day of each month beginning with the month following expiration of the Lease Term. (b) Taxes. Tenant shall be liable to timely pay or reimburse Landlord for any taxes that may become due during the Lease Term on a pro rata basis calculated as a percentage of the tax liability for the number of days in the applicable tax year during which Tenant occupies the Property under this Lease, Either Landlord or Tenant may dispute taxation of the Leased Premises or any portion thereof. LEASE AGREEbIENT PAGE 2 4. Improvements, Additions and Repairs. (a) Delivery of Leased Premises. Landlord shall deliver exclusive possession of the Leased Premises to Tenant upon the beginning of the Lease Tenn, subject only to the provisions and terms of this Lease and the Permitted Exceptions. (b) Alterations and Improvements. With the exception of signs erected in conformance with applicable laws and ordinances, and construction of Improvements as approved in writing by Landlord and, set forth on one or more site plans submitted to and formally approved by the City Council during a duly posted meeting, and constructed in accordance with construction plans submitted to and approved in writing by the City or City staff, Tenant may not at any time construct, alter, change, expand any Improvements now or hereafter situated on the Leased Premises; provided, however, that with the written permission of the City Manager and in accordance with all applicable laws and ordinances, Tenant shall be permitted to demolish and remove any and all Improvements and/or portions thereof located on the Leased Premises. If any such new construction by Tenant is at any time approved: (1) All such work shall be performed in a good and workmanlike manner, in accordance with accepted standards of engineering and architecture, if applicable, and in accordance with local, state and federal law, including but not limited to the Americans with Disabilities Act; and (2) Such construction, alteration, additions, changes or demolishment shall be in compliance with all applicable building codes, zoning, rules, regulations and ordinances affecting construction of such alterations, additions, and changes and shall be commenced only after Tenant has been duly granted all legally required permits for same. (c) No Mechanic's Liens. Tenant shall not permit any mechanic's or materialman's liens to be filed against Landlord's interest in the Leased Premises arising out of the Tenant Improvements (unless the same are fiilly bonded so as to cause same to be removed in accordance with applicable law), and Tenant shall indemnify, defend (using counsel acceptable to Landlord in its reasonable discretion), and hold harmless Landlord from and against any costs, liability or expense, including attorneys fees and related expenses, attributable to any such liens. Tenant's obligations under this paragraph 4(c) shall expressly survive the expiration or earlier termination of this Lease. (d) Environmental. Tenant or any sublessee of Tenant shall use the Leased Premises solely for the Specific Use, shall conduct its business in a lawful manner and shall not make or permit any unlawful use of the Leased Premises. Tenant will, at its own expense, promptly comply with all laws, regulations, and ordinances affecting the Leased Premises and the cleanliness, safety, occupancy, and use thereof. TENANT SHALL INDEMNIFY, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE )ISCRETION) AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY COST, LIABILITY OR EXPENSE ARISING OUT OF OR ATTRIBUTABLE TO ANY CLAIMS, DEMANDS, CAUSES OF ACTION, FINES, PENALTIES, LIABILITY OR EXPENSES (INCLUDING ATTORNEY FEES, RELATED EXPENSES, AND COURT COSTS) ARISING OUT OF OR RELATED TO THE EXISTENCE, REMOVAL OR DISPOSAL OF ANY TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS WITHIN OR UPON THE LEASED PREMTSES CAUSED BY TENANT, ITS EMPLOYEES, OFFICERS, AGENTS, SUBLESSEES OR REPRESENTATIVES BEFORE OR DURING THE LEASE TERM. FOR PURPOSES HEREOF, THE PHRASE "TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS" SHALL INCLUDE ITEMS COVERED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, 42 U.S.C. §§9601-75(1986)3 AS AMENDED BY THE SUPERFUND AMENDMENT AND REAUTHORIZATION ACT, PUB. L. NO. 99499, 100 STAT. 1613 (1986) ("CERCLA"), THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. §2601 ET SEQ., THE CLEAN WATER ACT, 33 U.S.C. §1251 ET SEQ., THE SAFE DRINKING WATER ACT, 42 U.S.C. §§300(f)-3000), AND OTHERFEDERAL, STATE AND LOCAL LAWS NOW OR HEREAFTER IN EFFECT GOVERNING THE EXISTENCE, REMOVAL OR DISPOSAL OF TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS. Tenant's obligations under this paragraph 4(d) shall expressly survive the expiration or earlier termination of this Lease. LEASE AGREEMENT PAGE 3 (e) Repairs. Tenant shall, at its sole cost and expense, perform all repairs and preventative maintenance necessary to maintain the Leased Premises in good condition and repair, ordinary wear and tear excepted, and keep the Leased Premises in compliance with applicable law throughout the Lease Term. The foregoing shall not in any way impair or limit Tenant's right to make alterations or additions to the Leased Premises as set forth in Para raph 0) above. Tenant's obligations under this paragraph 4(e) shall expressly survive the expiration or earlier termination of this Lease, (f) Tenant's Fixtures. Notwithstanding any provision of this Agreement, Tenant may install in or upon the Leased Premises such trade fixtures and equipment as Tenant deems desirable, provided that Tenant does so in accordance with a written plan demonstrating the size and configuration of such fixtures and equipment upon the Leased Premises. All of said items shall remain Tenant's property whether or not affixed or attached to the Leased Premises. Tenant may remove such items from the Leased Premises at any time during the Lease Term. Nothing contained in this paragraph 4(f) shall diminish Tenant's obligations to maintain the Leased Premises pursuant to paragraph 4(e). (g) Platting, Site Plans, Ap rp ovals. Landlord and Tenatrt acknowledge that it may be necessary, from time -to -time, for Landlord or Tenant to seek governmental approvals with respect to platting, zoning, site plans, permitting and/or obtaining other permits in connection with its use and occupancy of the Leased Premises for the uses permitted hereby (collectively, "Approvals"). Landlord agrees to reasonably cooperate with Tenant and Tenant agrees to reasonably cooperate with Landlord with respect to its obtaining the Approvals and to execute such documents as may be required in order for Landlord and/or Tenant to obtain such Approvals. Tenant expressly understands and agrees that approval by the City Council of this Lease does not constitute the City Council's granting of an Approval and does not bind the City Council to grant or approve any other Approvals. 5. Utilities. Tenant shall at its own expense arrange with the appropriate utility suppliers for services to the Leased Premises, pay all connection, meter and service charges and deposits required to connect utilities to the Leased Premises, and pay such utility suppliers directly for such services. Landlord shall not pay any sum in connection with utility installation or service on the Leased Premises. 6. Use, Transfers, or Assignments, (a) Tenant's Use. Except as prohibited or restricted by the Permitted Exceptions, Tenant may use the Leased Premises solely for the Specific Use, provided that such purpose and use is in conformity with all applicable site plans, zoning, and Approvals, and other restrictions set forth in this Lease and which may otherwise apply to the Leased Premises, (b) Assignment, Subletting. Tenant shall not assign all or any part of this Lease or sublet all or any part of the Leased Premises without Landlord's written consent; provided, however, that Tenant may sublease the Leased Premises to Wells/McCoy Steel Services, Inc. for the Specific Use, which such sublease shall: (1) be in a written form approved by Landlord without unreasonable denial or delay; and (2) terminate automatically at the expiration of the Lease Term or earlier termination as provided in this Agreement. In the case of any assignment or sublease permitted by Landlord, Tenant shall not be released from any liability. 7. Indemnification, Insurance. (a) Indemnification. IN ADDITION TO ANY OTHER PROVISIONS OF THIS LEASE, TENANT SHALL INDEMNIFY, HOLD IIARMLESS, AND, AT LANDLORD'S OPTION, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE DISCRETION) LANDLORD AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITY, LIENS, CLAIMS, DEMANDS, DAMAGES, EXPENSES, FEES, COSTS, REASONABLE ATTORNEY FEES AND LITIGATION COSTS, FINES, PENALTIES, SUITS, PROCEEDINGS, ACTIONS AND CAUSES OF ACTION OF ANY AND EVERY KIND AND NATURE ARISING OUT OF OR RELATING IN ANY WAY TO TENANT'S USE, OCCUPANCY, CONSTRUCTION, MANAGEMENT, CONTROL OR SUBLEASE OF THE LEASED PREMISES, IMPROVEMENTS OR TENANT'S OPERATIONS, CONDUCT OR ACTIVITIES, UNLESS AND TO THE EXTENT THE SAME IS LEASE AGREEMENT PAGE 4 DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACTS OR OMISSIONS OF LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS, TENANT'S OBLIGATIONS UNDER THIS PARAGRAPH 7(a) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM. (b) Tenant's Insurance. Tenant shall, at its expense, obtain comprehensive general liability insw•ance against all claims on account of bodily injury, personal injury or property damage, for which Tenant may, as a result of its operations or other use of the Leased Premises, become liable. At a minimum, the insurance policies to be held by the Tenant shall be in effect at all times during the Lease Tenn, and shall include: (a) workers compensation insurance if required by applicable law in the amount required by law; and (b) general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A 1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the Landlord as an additional insured and contain a waiver of subrogation endorsement in favor of the Landlord. Upon request by the Landlord, the Tenant shall provide to the Landlord certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the Landlord as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the Landlord shall receive written notice of such cancellation, non -renewal or modification." (c) Workers Compensation. Tenant shall maintain workers compensation or similar insurance affording not less than Texas statutory coverage minimums and providing not less than statutory limits or benefits for all employees of Tenant employed at the Leased Premises. (d) Sco e, The insurance or risk pool policies or duly executed certificates thereof, together with satisfactory evidence that the premium has been paid, shall be provided to Landlord on or before the Effective Date of this Lease; and, thereafter, evidence of continuing insurance and premium payment shall be delivered to Landlord not less than 30 days prior to the expiration of each policy required to be in force hereunder. If Tenant fails to maintain the required insurance or to deliver evidence of same this Lease will continue in full force and effect; provided, however, that Landlord may, but shall not be obligated to, obtain such insurance and be reimbursed by Tenant upon demand. (e) Waiver of Subrogation. Landlord shall not be liable by way of subrogation or otherwise to Tenant or to any insurance company insuring Tenant for any loss or damage to any of the property of the Landlord or Tenant covered by insurance even though such loss or damage might have been occasioned by the negligence of: (1) Landlord or its officers, directors, employees, agents, contractors, customers, or visitors and invitees of Landlord at the Leased Premises; or (2) Tenant or its Permitees. This waiver shall be in effect only so long as the applicable insurance or risk pool policies shall contain a clause or endorsement to the effect that the waiver shall not affect the right of the insured to recover under such policies. Tenant shall use its best efforts, including payment of any additional premium, to have its insurance policies contain the standard waiver of subrogation clause. In the event Tenant's insurance carrier declines to include in such carrier's policies a standard waiver of subrogation clause, Tenant shall promptly notify Landlord. 8. Destruction, Condemnation. (a) Destruction, (1) Cancellation. If any portion of the Improvements situated on the Leased Premises shall be daniaged or destroyed, this Lease shall continue in full force and effect and shall not be affected thereby. (2) Restoration. In the event of unintended damage or destruction, Tenant shall remove any debris and cause the Leased Premises to be repaired or restored as Landlord may permit in writing, but in any event the Leased Premises shall be repaired or restored to a safe and sightly condition in compliance with all applicable laws. LEASE AGREEMENT PAGE 5 (3) Insurance Proceeds. All of Tenant's insurance proceeds payable with respect to damage or destruction of the Improvements shall be retained by and be the property of Tenant. (b) Condemnation. (1) Taking of Parking or Access. In the event of a taking by the power of eminent domain or conveyance in lieu thereof ("Taking") of the whole or any part of the Leased Premises, this Lease shall terminate as to the portion so taken but shall remain in full force and effect as to the balance of the Leased Premises. (2) Awards, All compensation awarded for any Taking of the Leased Premises, including any interest of Landlord or Tenant therein, shall be the property of Landlord, and Tenant hereby assigns to Landlord all of Tenant's rights, title and interest in and to any and all such compensation. (3) Restoration. If there is a Taking of all or part of the Leased Premises, Tenant, at its sole discretion and expense, shall restore and rebuild the Leased Premises, in such manner as Landlord may permit in writing, provided that the same shall be in accordance with all applicable laws. 9. General Provisions. (a) Notice. "Notice" shall mean any notice, notification, consent, approval, request, designation, submission, specification, election or other communication required or permitted under this Lease. All notices required by or permitted under this Agreement must be in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. To the City: City Manager City of Anna, Texas 111 N. Powell Parkway Anna, Texas 75409 With a copy to: Clark McCoy Wolfe, Tidwell &McCoy, LLP 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 To Joiner: Frank B. Joiner Joiner Construction Co., Inc. 11408 Chairman Drive Dallas, Texas 75243 (b) Entire Agreement, This Lease embodies the entire agreement and understanding between the parties as to the lease of the Leased Premises by Tenant and supersedes all prior negotiations, agreements and understandings pertaining to such lease. Any provision of this Lease may be modified, waived or discharged only by an instrument in writing signed by the party against which enforcement of such modification, waiver or discharge is sought. This Lease is not intended to be nor shall it be construed as a service contract or contract for the sale of LEASE AGREED -TENT PAGE 6 goods by Landlord to Tenant. Landlord does not by entering into this Lease waive any immunities it may have under common law or statute. (c) Commission. Tenant and Landlord hereby represent to each other that neither has entered into any agreement or understanding that would give rise to a real estate commission being owed in connection with this Lease, and each of Landlord and Tenant shall indemnify and hold the other harmless against any commission, payment, interest or participation claimed on account of this Lease with any party under any alleged agreement or understanding entered into on that parry's behalf with the person or entity claiming the commission, payment, interest or participation. (d) Force Majeure. Each party shall be excused fi•om performing an obligation or undertaking provided for in this Lease for so long as such performance is prevented, delayed, retarded or hindered by an Act of God, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, strike, lockout, action of labor unions, requisitions, laws, or orders of government or civil or military authorities. (e) Sunrender. Upon the expiration of the Lease Term or earlier termination of this Lease ("Sun•ender Date"), Tenant shall surrender the Leased Premises to Landlord. Prior to surrender, Tenant may remove all Personal Property, all fixtures (including without limitation trade fixtures installed by Tenant), and all other installations or improvements, structures, buildings, HVAC equipment, paneling, partitions, railings, mezzanine floors, galleries and other structural features on the Property (collectively, "Tenant Removable Fixtures/Equipment"); provided, however, that Tenant may not at any time remove public infrastructure including water, sewer or drainage infi•astructure. Any Tenant Removable Fixtures/Equipment not removed from the Property on or before the Surrender Date shall be and become the property of Landlord and shall be surrendered with the Leased Premises at the expiration or termination of this Lease unless Landlord notifies Tenant to the contrary in writing, in which event Tenant may thereafter remove such property at its expense. Any property not promptly removed by Tenant under the provisions of this subparagraph may, at Landlord's option, be deemed to have been abandoned by Tenant and may be retained by Landlord without any claim by Tenant. Tenant shall in any event repair any damage to the Leased Premises caused by Tenant's removal of any property. (f) Applicable Law. Construction. The laws of the State of Texas shall govern the validity, performance and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision. If any provision of this Lease is capable of two constructions, one of which would render the provision invalid and the other of which would make the provision valid, the provision shall have the meaning which renders it valid. The submission of this document for examination does not constitute an offer to lease, this document being effective only upon the conditions stated herein. Lease. (g) Time of the Essence. Time is of the essence with respect to each provision, term and covenant of this (h) Captions. The captions are for convenience and do not limit or define the provisions of this Lease. (i) Gender, Number. Whenever the sense of this Lease requires it, the use of (1) singular number shall be deemed to include the plural, (2) the masculine gender shall be deemed to include the feminine or neuter gender, and (3) the neuter gender shall be deemed to include the masculine and feminine gender. (j) Counterparts. This Lease may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one instrument. (k) Contract Interpretation. This Lease is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the language in dispute. (1) No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. LEASE AGREEMENT PAGE 7 (m) Bindina Effect. All provisions of this Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. THE CITfY CIF ANNA, TEXAS r By Printed Marne: Title: % y- at . STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary known to m foregoing instrument and acknowledged to behalfof' t"`r r �` lee l lee, lee f t 1 ¢ v �� "I lee Iv public, on th .4 day of 2019, personally appeared e (or proved to me) to be the person-• hose name is subscribed to the." me that he executed the same in his capacity as A" �tiitr$ on JOINER CONSTRUCTION COMPANY, INC. By M- .le"'I Ile - Frank B. Joiner, its President STATE OF TEXAS § § COUNTY OF COLLIN § .,4 lee r'leeIlle ✓ .a p, - ~N'otary Public,"State of Texas Before me, the undersigned notary public, on the' day of 2019, personally appeared Frank B. Joiner known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of Joiner Construction Company, Inc. Public, State_of'I`exas �1 �5 ell Ile lee LEASE AGREEMENT PAGE 8 Exhibit I 1 Depiction v0�¢ti, rKa^i. / zK e N � TAU � pry U ppj U {(�[live l1e O � t!ii 44 n o o 8 tie � a Illi ( Ilggyy'gpggggyyg r o ,� tatty e�ar� ANNA CITY HALL / MUNICIPAL COURT / POLICE BUILDING HE CITY OF ANNA THE CITY OF Anna AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 5/26/2020 Consider/Discuss/Action on the selection of a solid waste provider for the City of Anna. (Public Works Director Greg Peters, P.E.) SUMMARY: Staff completed a Request for Proposal (RFP) process for solid waste services in the City of Anna. Three companies submitted a proposal, and were interviewed by the selection committee that was comprised of City Council Members, City Manager's Office and City staff. The proposing companies interviewed included, all which met the requirements of the RFP: Community Waste Disposal Cards Recycling and Disposal Services Frontier Waste Solutions The committee reviewed the proposals, interviewed the proposing firms, ranked the firms, and will provide a recommendation to City Council seeking for approval to authorize the City Manager to negotiate a contract with the recommended firm. Strategic Connection This items supports the City ofAnna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the selection of the solid waste disposal provider as recommended by the selection committee and authorize the City Manager to negotiate a contract with the selected service provider. THE CITY OF Anna AGENDA ITEM: Item No. 11. City Council Agenda Staff Report Meeting Date: 5/26/2020 Approve an Ordinance adopting the 2018 Edition of the International Property Maintenance Code and associated amendments (Managing Director of Community Services Ashley Stathatos & Code Compliance Manager Kevin Martin). �'i�J►�i 1►�i In1:�'i1 The International Property Maintenance Code, (I PMC), is a model code that establishes minimum maintenance requirements for residential and non-residential buildings, structures, equipment, facilities and premises in the areas of sanitation, basic equipment, light, ventilation, heating and fire safety. The I PMC is kept up to date through the review of proposed changes submitted by code enforcement officials, industry experts, design professionals and other interested parties. Code development committees make recommendations regarding proposed changes to the codes, and I CC's governmental members cast final votes on proposed changes. The 2018 Edition is the most recent version of the International Property Maintenance Code. The City currently operates under a Property Maintenance Code that was adopted in 2005 with some extra provisions added in 2010. Not only is the current code out of date, but it is also ineffective in several areas. The 2018 1 PMC and the amendments that go along with it have been written to take care of these ineffective areas and other code issues prevalent in the community. Other benefits of adopting the 2018 1 PMC include: protecting property values, maintaining quality of life, eradicating blight and reducing crime. Strategic Connection This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna -A Great Place to Live STAFF RECOMMENDATION: Approve the Ordinance adopting the 2018 Edition of the International Property Maintenance Code and associated amendments. ATTACHMENTS: Description Upload Date Type 2018 IPMC ORDINANCE 5/21/2020 Ordinance 2018 EDITION IPMC 5/21/2020 Exhibit 'eldl:l■rro '914YN [0, What is Code Compliance? • Code Compliance is responsible for inspecting and enforcing the city's property maintenance, zoning, building, health and safety codes. • Goal of Code Compliance is to prevent code violations & gain voluntary compliance • Utilize enforcement measures as a last resort, only when compliance is not gained or in cases of repeat offenders • Treat property owners fairly and equitably THE CITY OF manna SF Homes Registered 309 $15,450 Received Rental Property Violations 471 Notices of Violations Property Maintenance & Rental Registration 991 THE CITY OF 4kttifta High Weeds 327 Trash & Rubbish 67 Fences 35 Junk Motor Vehicles 26 Parking 16 Signs 15 Trees 6 Building w/out Permit 5 Trash Containers 5 Livestock 4 Structural 3 Obstructions 3 Dangerous Structure 2 Zoning 2 Roofing 1 Lighting 1 Graffiti 1 Watering 1 Code Violations 520 THE CITY OF 4iLiiifta ��s` .'T -- a 3' —_ � . V 11 ) F _ � j il. n �_ n m What is the IPMC? • Model Code that establishes minimum property maintenance requirements in the following areas: • Sanitation • Light, Ventilation, Occupancy • Plumbing Facilities and Fixtures • Mechanical and Electrical • Fire Safety • Written by the International Code Council with input from code officials, industry experts, design professionals and other interested parties. THE CITY OF ►nna n ►A Why should the City adopt the 2018 IPMC? • To maintain a healthy and safe environment • To prevent the physical and aesthetic deterioration of the community • To protect property values and promote a high quality of life • To assist economic development efforts • To eradicate blight, reduce vandalism and reduce crime THE CITY OF manna Most Importance • Existing code is out-of-date, ambiguous and ineffective in several areas • 2018 IPMC and amendments are more comprehensive and add clarity THE CITY OF qiaiifta n Changes Between Current Property Maintenance Code and the 2018 IPMC • Application of Other Codes Current: Does Not Reference Several of the ICC Codes 2018 IPMC: International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and the NFPA 70 Electrical Code • Work or Improvements by Municipality Current: 10 Days + 3 Days Mailing 2018 IPMC: 7 Days + 3 Days Mailing (LGC 342.006) THE CITY OF rrlrnna Changes (Continued) • Exterior &Interior Structure -Unsafe Conditions (Expanded) -Structural support of nominal loads -Anchorage of foundations & floor and roof to walls • Carbon Monoxide Alarms and Detection Current: No Reference 2018 IPMC: Installed and maintained in accordance with International Fire Code, International Residential Code & NFPA 720. THE CITY OF manna Amendments • It is a violation for tall grass and weeds to be higher than 8 inches. • Maintenance of tall grass and weeds falls on the property owner to the center of the street or alley pavement. • Large Tracts of Land (5 Acres or More) • Properties adjacent to improved properties - 8 Inches/Depth of 50 Feet along ROW • Properties adjacent to unimproved properties - 12 Inches/Depth of 25 Feet along ROW THE CITY OF manna Amendments • Tree branches and vegetation must not overhang over any street or alley below 14 feet and over any sidewalk below 7 feet above the surface. • Fences must be in sound condition and paint that is peeling, chipping, scaling or missing equal to or greater than 20 percent of the fence surface must be repainted or stripped. • Repairs and maintenance of sidewalks fall on the property owner from the edge of the street or alley pavement. • Obstruction of sidewalks and parkway areas is prohibited. THE CITY OF rrivnna Amendments • Open storage is not allowed in a residential district. • Portable storage units are permitted up to 30 days in a 360 day period with a permit. • Motor vehicles must be parked on improved surfaces and completely extend the length and width of the motor vehicle. • Parking lots have to be kept in proper state of repair and free from hazardous conditions. THE CITY OF rrivnna Next Steps & Vision 1. Outreach on 2018 IPMC & Amendments 2. Create & distribute educational materials & PSA's 3. SmartGov, reporting & tracking • Provide detailed reports & statistics on code violations and rental property violations • Map code violations and rental property violations 4. Conduct a neighborhood assessment 5. Extra attention given to high violation areas 5. Hold events that promote property maintenance 6. Develop programs aimed at property maintenance 7. Update ordinances, policies & procedures THE CITY OF manna CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 4, (BUILDING REGULATIONS), BY REPEALING ARTICLE 4.04, (PROPERTY MAINTENANCE CODE) AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 4.04 (PROPERTY MAINTENANCE CODE) BY ADOPTING THE 2018 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE WITH CERTAIN AMENDMENTS THERETO; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna's Property Maintenance Code is intended to be updated periodically; and WHEREAS, the last update to the City of Anna's Property Maintenance Code was in 2005; and WHEREAS, the International Code Council (ICC) has developed a set of comprehensive and coordinated international model codes (known generally as the "International Codes") which includes the International Property Maintenance Code; and WHEREAS, the 2018 Edition of the International Property Maintenance Code has been reviewed by City staff; and WHEREAS, the City Council of the City of Anna has determined that it is in the best interest of Anna Neighbors to repeal Article 4.04 (Property Maintenance Code) of the Anna City Code of Ordinance ("Anna Code") and to replace said article with a new Article 4.04 (Property Maintenance Code) by adopting by reference the 2018 Edition of the International Property Maintenance Code, with certain amendments set forth in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BYTHE 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 4, (Building Regulations), Article 4.04, (Property Maintenance Code) of the Anna Code. Article 4.04, (Property Maintenance Code) of the Anna Code is hereby repealed in its entirety and replaced with a new Property Maintenance Code by adopting the 2018 International Property Maintenance Code, Including Appendix A, copyrighted by the International Code Council, Inc., with the deletions and amendments set forth in Exhibit "A", attached hereto and incorporated herein for all purposes. In accordance with the foregoing, Article 4.04 (Property Maintenance Code) of the Anna Code shall hereafter read as follows: ARTICLE 4.04 PROPERTY MAINTENANCE CODE* The 2018 edition of the International Property Maintenance Code has been adopted. Copies of the code, and certain amendments thereto, are on file in the office of the city secretary and said code is hereby adopted by reference and designated as the property maintenance code of the city, the same as though such code were copied at length herein. (Ordinance adopted 3/26/20) * State law references —Authority of municipality to regulate dangerous and substandard structures, V.T.C.A., Local Government Code, sec. 214.001 et seq.; municipal regulation of sanitation, V.T.C.A., Health and Safety Code, ch. 342. Section 3. Adoption of Amendments. Amendments to the 2018 International Property Maintenance Code are hereby adopted as set forth in the attached Exhibit A, which said exhibit shall be kept on file in the City Secretary's office along with a copy of said code. 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. Penalty Clause. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation or the highest amount allowed by law, whichever is less. Each violation is considered a separate offense and will be punished separately. Section 6. 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 on this 261" day of May 2020. APPROVE: ATTEST: Mayor Nate Pike City Secretary Carrie Land Exhibit A CITY OF ANNA AMENDMENTS 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE The following amendments of the 2018 International Property Maintenance Code are hereby approved and adopted (i.e. deletions evidenced by strikethrouah and additions evidenced by underline): Chapter 1. Scope and Administration of the 2018 International Property Maintenance Code is amended as follows: Section 101 General of the 2018 International Property Maintenance Code is amended as follows: Section 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Anna, Texas, hereinafter referred to as "this code". Section 102 Applicability of the 2018 International Property Maintenance Code is amended as follows: Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the City of Anna Zoninq and Subdivision Regulation Ordinances, as they currently exist or may be amended. Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Section 102.7.1 and 102.7.2 and application provisions of the Anna City Code of Ordinances including without limitation of Chapter 9 (Planning and Development Requlations)a, and the Building, Electrical, Mechanical, Plumbing, Fire and Health Codes adopted by the City of Anna, as they currently exist or may be amended. Where differences occur between provisions of this code and the above - referenced codes and regulations, the most restrictive provision shall apply. To the extent of any conflict between this code and state law the more restrictive provision shall apply; provided, however, that state law shall govern to the extent this code conflicts with state law provisions governing mandatory procedures for abatment of substandard conditions or other violations of this code including definitions, notices, hearings, appeals, liens and other procedures or enforcement matters and any such state law provisions are deemed to be incorporated herein and enforceable as if set forth in full. Section 103 Department of Property Maintenance Inspection of the 2018 International Property Maintenance Code is amended as follows: Section 103.5 Fees. The fees for activates and services performed by the department in carrying out its responsibilities under this code shall be as indicated in Appendix A (Fee Schedule) of the Anna City Code of Ordinances.Section 104 Duties and Powers of the Code Official of the 2018 International Property Maintenance Code is amended as follows: Section 104.1 General. The code official or City Manager's designees) is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effects of waiving requirements specifically provided for in this code. Section 107 Notices and orders of the 2018 International Property Maintenance Code is amended as follows: Section 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall comply with Section 108.3. In the notice provided for the city shall have the right to inform the property owner or agent having charge that if he or she commits another violation of the same kind of nature any time within one year from original notice, the city may institute the appropriate proceedings at law or to correct or abate such violations without further notice at the owner's expense and assess the expense against the property. Section 107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: delivered personally, or sent by certified or first-class mail addressed to the last known address, or sent by certified or first-class mail addressed to the property owner at the property owner's address as recorded in the appraisal district records of the appraisal district in which the property is located, or sent by certified or first-class mail addressed to the person responsible for the violation. If the notice is returned showing the letter was not delivered, the validity of the notice is not affected, and is considered as delivered, and a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice or a stake driven into the _ground on the property to which the violation relates. Section 108 Unsafe Structures and Equipment of the 2018 International Property Maintenance Code is amended as follows: Section 108.1.1 Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. Notwithstanding anything in this Section to the contrary, the City expressly retains all statutory powers and rights to address unsafe structures. Section 111 Means of appeal of the 2018 International Property Maintenance Code is deleted in its entirety and replaced as follows: Section 111.1 Means of Appeal. The Zoning Board of Adjustment, created by the City of Anna, as it currently exists or may be amended, will serve as the means of appeal. Section 112 Stop Work Order of the 2018 International Property Maintenance Code is amended as follows: Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable of a fine of not less than $200 dollars or more than $2,000 dollars for each incidence of violation or the highest amount allowed by law, whichever is less. Each violation is considered a separate offense and will be punished separately. Chapter 2. Definitions of the 2018 International Property Maintenance Code is amended as follows: Section 202 General Definitions of the 2018 International Property Maintenance Code is amended to change or add the definitions as follows: Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food and all decayable waster or rubbish. Motor vehicle. A vehicle that is self-propelled. Open Storage. The outside storage of goods, materials, merchandise and equipment on a lot or tract of land including the placement of storage containers such as vaults, shipping containers or other vehicles for storage. Portable Storage Units. A container, storage unit, shed -like container or other portable structure that can or is used for the storage of personal property of any kind. A commonly accepted name for these storage containers is PODs, an acronym for portable on -demand storage. Chapter 3. General Requirements of the 2018 International Property Maintenance Code, the following definitions are added follows: Section 302 Exterior Property Areas of the 2018 International Property Maintenance Code is amended as follows: Section 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking lots, parking spaces and similar areas shall be kept in a proper state of repair, maintained free from hazardous conditions. Repairs and maintenance shall be the responsibility of the property owner to maintain free from obstructions. trip hazards or dilapidated conditions from the edae of the street or alley pavement. Section 302.4 Weeds of the 2018 International Property Maintenance Code shall be deleted in its entirety and replaced as follows: Section 302.4 Weeds. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. All premises and exterior property including any portion of the public right-of-way abutting a property owner's property, any portion of any street or alley to the center thereof, and parking strips, bordering a property owner's lot or lots, land or lands, shall be maintained free from weeds or plant growth in excess of 8 inches. For large tracts involving property more than five (5) acres the following provisions shall apply. a. Properties located adjacent to improved properties shall be maintained at less than eight (8) inches in height to a depth of fifty (50) feet along property lines that abut a public right-of-way, public property or adjacent improved property. b. Properties located adjacent to unimproved properties shall be maintained at less than twelve (12) inches in height to a depth of twenty-five (25) feet along property lines that abut a public right-of-way or public property. All noxious weeds shall be prohibited. Dead weeds must be removed and replaced as required. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Weeds in excess of thirty-six (36) inches may be immediately abated without notice. Notice shall be given not later than the tenth day after the city abates the violation. The City may assess expenses and create liens in the same manner and subject to the same conditions as set forth in Section 6 above. Section 302.4.1 Trees and vegetation. Tree branches and vegetation shall be trimmed so that no branches or vegetation hang, overhang, prow into or prow over any street or alley below fourteen feet (14') above the surface of the street or alley and so that no branches or vegetation hang, overhang, prow into or prow over any sidewalk below seven feet (7') above the surface of the sidewalk. All dead, diseased or dangerous trees, limbs or vegetation that hang, overhang, prow into or prow over a public right-of-way shall be removed and replaced as required. When such growth exists, it shall be deemed a nuisance and a danger to public safety. It shall be the duty of the property owner to abate the nuisance if the set minimum clearances are not maintained. Upon failure of the property owner or agent having charge of a property to and maintain minimum clearances, after service of a notice of violation, shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and trim the trees and vegetation growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Section 302.7.1 Fences. All fences shall be maintained in sound condition, free of damage, breaks, or missing structural members. Areas that are leaning, buckling, sapping or deteriorating shall be repaired or replaced with a material compatible with the undamaged portions of the fence. Where fence has been previously painted, and there are areas of chipping, peeling, scaling or missing paint equal to or greater than 20 percent of the fence surface, then such surface shall be repainted or shall be stripped of all paint. Section 302.8.1 Parking of motor vehicles. It shall be prohibited for a motor vehicle of any kind to be parked or stored on any residential lot except when parked on an improved surface intended to be used for the parkina or storina of motor vehicles and designed to the City of Anna's specifications. The improved surface shall consist of material treated or covered with brick, brick pavers. block, block pavers, stone, concrete, concrete pavers, asphalt or decorative rock, and the improved surface must completely extend the entire length and width of the motor vehicle. Section 302.8.2 Motor vehicle waste. It shall be prohibited for a motor vehicle to leak or deposit waste onto a private drive or public street. Waste includes oils, areases and other fluids. Section 302.10 Obstruction of sidewalks and parkwav areas. It is an offense for a property owner, owner's representative, or person leasing, occupying or having control, custody or care of property to allow the obstruction or encumbrance, entirely or in part, any portion of any sidewalk or parkway area in the city with any item, whether temporary or permanent, including, but not limited to, lumber, boxes, firewood, posts, fences and motor vehicles, unless expressly authorized by city ordinance. Exempt from this prohibition are trees, shrubs, landscaping and mailboxes located in the parkway area that are maintained in compliance with other city ordinances, rules and regulations. Section 302.11 Open storage prohibited. It is an offense for a property owner, owner's representative, or person leasing, occupying or having control, custody or care of property to allow open storage, as defined in subsection 202 of this ordinance, in a residential district. Section 302.12 Other exterior property conditions. It shall be unlawful for any person to allow, permit, conduct or maintain objectionable, unsightly or unsanitary conditions, items, situations or events on any property except for premises that are specifically approved for such uses. 1) Furniture, appliance or other items left outside that were or are not intended for outdoor use. 2) Building materials or any item by itself used in construction that is not serving its intended purpose where there is not an active building permit. 3) Clothing, papers, broken glass, scrap materials, pipe barrels, piles or stacks of unused brick or stone. uninstalled fence and/or fence materials. 4) Brush, trash, wood piles, fallen trees or large parts of trees such as the trunk or main branches, dead trees or other vegetation. 5) Lawn equipment in whole or in part where such is kept outside and unprotected from the elements. 6) Unlicensed and/or unregistered and/or inoperable motor vehicles. 7) Parts typically associated with trucks, cars, motorcycles or other motor vehicles that includes but is not limited to body parts, tires, wheels, batteries, upholstered items, engines, drive train components and other such items. 8) Construction equipment in whole or in part where the equipment is not being used for its intended purpose on the property where parked or stored other than where permitted within the approved zoning district and subject to conditions thereof. 9) Where outside storage and/or display is allowed, the accumulation of trash, debris and items or material that is not orderly stacked. 10) The placing or accumulation of any material or item in any area of a property that does or could provide nesting, harborage or feeding for vermin or pest, or that could negatively affect the environment's ecological system from runoff areas emitting an odor or odors for longer than 24 hours that a person of reasonable sensibilities maV distinguish from ambient odors, seepage of fuels, oils, chemical or organic compounds in the soils and similar such events. 11) The accumulation of materials that emit any gases, noxious fumes or odors to such extent that the same or any of them shall by reason of such offensive odors become a source of endangerment to the health, safety and welfare to immediate surrounding property or to persons living or passing in the vicinity within the City of Anna. Section 302.13 Portable Storage Units. Before placing a portable storage unit on property, (PODs), a valid permit from the city is required. Portable storage units are only allowed on improved surfaces as defined in section 302.8.1. Placement on city streets or right-of-waV is prohibited. The maximum allowable size for a portable storage container in a residential district is 160 square feet with an overall length not to exceed 20 feet. No more than two (2) portable storage units shall be located on a single residential lot or parcel of land. A portable storage unit may only be utilized in a residential district for a period not to exceed 30 days in any 360-day period. The Code Official may grant an extension of the placement of a portable storage unit in a residential district if the property owner demonstrates that extenuating circumstance exist. Extenuating circumstances shall include but are not limited to, natural disasters, fire or other events of a similar magnitude. Section 304 Exterior Structure of the 2018 International Property Maintenance Code is amended as follows: Section 304.3 Premises identification. Buildings shall have approved address numbers placed in position to be plainly legible and visible from the street or road fronting the property and visible from the alley. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7mm). Section 304.14 Insect Screens. During the period from October 1 to May 31, every door, window, and other outside opening required, (remainder unchanged). Chapter 6. Mechanical and Electrical Requirements of the 2018 International Property Maintenance Code is amended as follows: Section 602 Heating Facilities of the 2018 International Property Maintenance Code is amended as follows: Section 602.3 Heat Supply. Every owner or operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 31 ,(remainder unchanged). Section 602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat during the period from October 1 to May 31, (remainder unchanged). 21011 4 N T;E R N A Member of the International Code Family INTERNATIONAL PROPERTY MAINTENANCE CODE 1100879786Al r�l�pru,ri�wu ME WOW 100879786 INTERNATIONAL CODES`°' 1 2018 I -CODE BONUS OFFER Get a free 45-day online subscription to ICC's premiumACCESS" 2018 I -Codes Complete Collection. Test drive many powerful, time -saving tools available to you from premiumACCESS. To activate your bonus, visit www.iccsafe.org/codebonus. A) A Member of the International Code Family° INTERNATIONAL PROPERTY MAINTENANCE CODE° TS RESERVE: -urther reproductions by any [bird party, or distribution authorized. Single user Duly, copying and networid g prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 2018 International Property Maintenance Code' Date of First Publication: August 31, 2017 First Printing: August 2017 Second Printing: April 2018 ISBN: 978-1-60983-748-8 (soft-cover edition) COPYRIGHT © 2017 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2018 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on use rights and permissions, please contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). Trademarks: "International Code Council," the "International Code Council" logo, "ICC," the "ICC' logo, "International Prop- erty Maintenance Code," "IPMC" and other names and trademarks appearing in this book are trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission. T023768 PRINTED IN THE USA Copyright @ 2ot7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 Introduction Development PREFACE The International Property Maintenance Code° (IPMC°) establishes minimum requirements for the maintenance of existing buildings through model code regulations that contain clear and spe- cific property maintenance and property improvement provisions. This 2018 edition is fully com- patible with all of the International Codes' (I -Codes) published by the International Code Council° (ICC`'), including the International Building Code°, International Energy Conservation Code°, International Existing Building Code°, International Fire Code°, International Fuel Gas Code, International Green Construction Code , International Mechanical Code°, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code', International Swimming Pool and Spa Code°, International Wildland-Urban Interface Code', Inter- national Zoning Code and International Code Council Performance Code°. The I -Codes, including this International Property Maintenance Code, are used in a variety of ways in both the public and private sectors. Most industry professionals are familiar with the I -Codes as the basis of laws and regulations in communities across the U.S. and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including: • Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance. • The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions. • Certification and credentialing of individuals involved in the fields of building design, con- struction and safety. • Certification of building and construction -related products. • U.S. federal agencies, to guide construction in an array of government -owned properties. • Facilities management. • 'Best practices" benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism. • College, university and professional school textbooks and curricula. • Reference works related to building design and construction. In addition to the codes themselves, the code development process brings together building pro- fessionals on a regular basis. It provides an international forum for discussion and deliberation about building design, construction methods, safety, performance requirements, technological advances and innovative products. This 2018 edition presents the code as originally issued, with changes reflected in the 2003 through 2015 editions and further changes developed through the ICC Code Development Process through 2016. A new edition of the code is promulgated every 3 years. This code is intended to establish provisions that adequately protect public health, safety and welfare; that do not unnecessarily increase construction costs; that do not restrict the use of new materials, products or methods of construction; and that do not give preferential treatment to par- ticular types or classes of materials, products or methods of construction. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE" iii Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100R]9786 Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The ICC Code Development Process reflects principles of openness, transparency, balance, due process and consensus, the principles embodied in OMB Circular A-119, which governs the federal government's use of private -sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC's cloud -based app, cdp- Access°. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons. In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC's important public safety mission. Some code development committee members were nomi- nated by the following industry partners and approved by the ICC Board: • American Institute of Architects (AIA) National Association of Home Builders (NAHB) The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council -wide votes. The ICC's governmental members —public safety officials who have no financial or business interest in the outcome —cast the final votes on proposed changes. The contents of this work are subject to change through the code development cycles and by any governmental entity that enacts the code into law. For more information regarding the code devel- opment process, contact the Codes and Standards Development Department of the International Code Council. While the I -Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of the codes disclaim any liability resulting from the publication or use of the I -Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers) In each code development cycle, proposed changes to this code are considered at the Committee Action Hearings by the International Property Maintenance Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed changes. Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the Interna- tional Fire Code Development Committee at the Committee Action Hearings. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] = Administrative Code Development Committee; [F] = International Fire Code Development Committee; [P] = International Plumbing Code Development Committee; [BE] = IBC —Egress Code Development Committee; and [BG]= IBC —General Code Development Committee. iv 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate —g—L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + l + ICC. No hicthe, < p,.du io no further reproductions by any third patty, oc distribution authorized. Single oset ouly, copying and netwotkimg ptohiblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 For the development of the 2021 edition of the I -Codes, there will be two groups of code devel- opment committees and they will meet in separate years. Group A Codes Group B Codes (Heard in 2018, Code Change Proposals (Heard in 2019, Code Change Proposals Deadline: January 8, 2018) Deadline: January 7, 2019) International Building Code Administrative Provisions (Chapter 1 of all — Egress (Chapters 10, 11, Appendix E) codes except IECC, IRC and IgCC, administra- - Fire Safety (Chapters 7, 8, 9, 14, 26) tive updates to currently referenced Stan- - General (Chapters 2-6, 12, 27-33, dards, and designated definitions) Appendices A, B, C, D, K, N) International Fire Code International Building Code — Structural (Chapters 15-25, Appendices F, G, H, I, J, L, M) International Fuel Gas Code International Existing Building Code International Mechanical Code International Energy Conservation Code — Commercial International Plumbing Code International Energy Conservation Code — Residential — IECC—Residential — IRC—Energy (Chapter 11) International Property Maintenance Code International Green Construction Code (Chapter 1) International Private Sewage Disposal Code International Residential Code — IRC—Building (Chapters 1-10, Appendices E, F, H, J, K, L, M, 0, Q, R, S, T) International Residential Code — IRC—Mechanical (Chapters 12-23) — IRC—Plumbing (Chapters 25-33, Appendices G, I, N, P) International Swimming Pool and Spa Code International Wildland-Urban Interface Code International Zoning Code Note: Proposed changes to the ICC Performance CodeTM will be heard by the code development committee noted in brack- ets [ ] in the text of the ICC Performance CodeT"" Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because differ- ent committees hold Committee Action Hearings in different years, proposals for the IPMC will be heard by committees in both the 2018 (Group A) and the 2019 (Group B) code development cycles. For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, which is part of the Group B portion of the hearings. This committee will hold its Committee Action Hearings in 2019 to consider code change proposals for Chapter 1 of all I -Codes except the International Energy Conservation Code, International Resi- dential Code and International Green Construction Code. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for con- sideration in 2019. It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/scoping. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® v Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2015 edition. Deletion indicators in the form of an arrow (-�) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a table has been deleted. Coordination of the International Codes Italicized Terms Adoption The coordination of technical provisions is one of the strengths of the ICC family of model codes. The codes can be used as a complete set of complementary documents, which will provide users with full integration and coordination of technical provisions. Individual codes can also be used in subsets or as stand-alone documents. To make sure that each individual code is as complete as pos- sible, some technical provisions that are relevant to more than one subject area are duplicated in some of the model codes. This allows users maximum flexibility in their application of the I -Codes. Words and terms defined in Chapter 2, Definitions, are italicized where they appear in code text and the Chapter 2 definition applies. Where such words and terms are not italicized, common -use defi- nitions apply. The words and terms selected have code -specific definitions that the user should read carefully to facilitate better understanding of the code. The International Code Council maintains a copyright in all of its codes and standards. Maintaining copyright allows the ICC to fund its mission through sales of books, in both print and electronic for- mats. The ICC welcomes adoption of its codes by jurisdictions that recognize and acknowledge the ICC's copyright in the code, and further acknowledge the substantial shared value of the public/pri- vate partnership for code development between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All (- Codes and I -Standards, along with the laws of many jurisdictions, are available for free in a nondownloadable form on the ICC's website. Jurisdictions should contact the ICC at adop- tions@iccsafe.org to learn how to adopt and distribute laws based on the International Prop- erty Maintenance Code in a manner that provides necessary access, while maintaining the ICC's copyright. To facilitate adoption, several sections of this code contain blanks for fill-in information that needs to be supplied by the adopting jurisdiction as part of the adoption legislation. For this code, please see: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 112.4. Insert: [DOLLAR AMOUNT IN TWO LOCATIONS] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] A 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate —g—L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + l + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, oc distribution authorized. Single oset ouly, copying and netwotkimg ptohiblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100R]9786 EFFECTIVE USE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE The International Property Maintenance Code (IPMC) is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. Arrangement and Format of the 2018 IPMC Before applying the requirements of the IPMC it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during an inspection. The IPMC is divided into eight different parts: Chapters Subjects 1 Scope and Administration 2 Definitions 3 General Requirements 4 Light, Ventilation and Occupancy Limitations S Plumbing Facilities and Fixture Requirements 6 Mechanical and Electrical Requirements 7 Fire Safety Requirements 8 Referenced Standards The following is a chapter -by -chapter synopsis of the scope and intent of the provisions of the Inter- national Property Maintenance Code: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establish- ing the scope of the code, Chapter 1 identifies which buildings and structures come under its pur- view. Chapter 1 is largely concerned with maintaining "due process of law" in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that "equal protection under the law" has been provided. Chapter 2 Definitions. All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term's definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code -defined meaning be known. Guidance is provided regarding tense, gender and plurality of defined terms as well as terms not defined in this code. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE" vii Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 Chapter 3 General Requirements. Chapter 3, "General Requirements," is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter provides requirements that are intended to maintain a min- imum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; mainte- nance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and establishes who is responsible for complying with the chapter's provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies. Chapter 4 Light, Ventilation and Occupancy Limitations. The purposes of Chapter 4 are to set forth these requirements in the code and to establish the minimum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identify- ing occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding. This chapter also provides for alternative arrangements of windows and other devices to comply with the requirements for light and ventilation and prohibits certain room arrangements and occupancy uses. Chapter 5 Plumbing Facilities and Fixture Requirements. Chapter 5 establishes the mini- mum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures. Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the mini- mum criteria to verify that these principles are maintained throughout the life of a building. Chapter 6 Mechanical and Electrical Requirements. The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to estab- lish minimum standards for the safety of these facilities. This chapter establishes minimum criteria for the installation and maintenance of the following: heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumb- waiters. Chapter 7 Fire Safety Requirements. The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building's occupancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings. This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings. Chapter 7 establishes the minimum requirements for fire safety facilities and fire protection sys- tems, as these are essential fire safety systems. viii 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® l l l Copyright �) 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate —g—L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, oc distribution authorized. Single oset ouly, copying and netwotkimg ptohiblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 Chapter 8 Referenced Standards. The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compli- ance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency's standards are then listed in either alphabetical or numeric order based upon the stan- dard identification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® ix Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright ®20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION .... 1 PART 1—SCOPE AND APPLICATION ............. 1 Section 101 General....................................1 102 Applicability................................1 PART 2—ADMINISTRATION AND ENFORCEMENT ................................ 2 Section 103 Department of Property Maintenance Inspection.................................2 104 Duties and Powers of the Code Official ........... 2 105 Approval...................................3 106 Violations..................................3 107 Notices and Orders ........................... 3 108 Unsafe Structures and Equipment ............... 4 109 Emergency Measures .........................5 110 Demolition ................................. 6 111 Means of Appeal ............................ 6 112 Stop Work Order ............................7 CHAPTER 2 DEFINITIONS ..................... 9 Section 201 General....................................9 202 General Definitions .......................... 9 CHAPTER 3 GENERAL REQUIREMENTS....... 11 Section 301 General...................................11 302 Exterior Property Areas ...................... 11 303 Swimming Pools, Spas and Hot Tubs ........... 12 304 Exterior Structure ........................... 12 305 Interior Structure ........................... 14 306 Component Serviceability .................... 14 307 Handrails and Guardrails ..................... 15 308 Rubbish and Garbage ........................15 309 Pest Elimination ............................ 15 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ...... 17 Section 401 General...................................17 402 Light ..................................... 17 403 Ventilation ................................ 17 404 Occupancy Limitations ...................... 18 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ....... 21 Section 501 General...................................21 502 Required Facilities .......................... 21 503 Toilet Rooms..............................21 504 Plumbing Systems and Fixtures ................ 21 505 Water System .............................. 22 506 Sanitary Drainage System .................... 22 507 Storm Drainage ............................22 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS ................. 23 Section 601 General...................................23 602 Heating Facilities ........................... 23 603 Mechanical Equipment ...................... 23 604 Electrical Facilities .......................... 24 605 Electrical Equipment ........................ 24 606 Elevators, Escalators and Dumbwaiters.......... 25 607 Duct Systems .............................. 25 CHAPTER 7 FIRE SAFETY REQUIREMENTS ... 27 Section 701 General...................................27 702 Means of Egress ............................ 27 703 Fire -resistance Ratings ....................... 27 704 Fire Protection Systems ...................... 28 705 Carbon Monoxide Alarms and Detection ........ 31 CHAPTER 8 REFERENCED STANDARDS ....... 33 APPENDIX A BOARDING STANDARD .......... 35 Section A101 General..................................35 A102 Materials ................................. 35 A 103 Installation ................................ 35 A104 Referenced Standard ........................ 35 INDEX........................................37 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® A Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: t4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 xii 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 1 SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101 and 102) and Part 2—Administration and Enforcement (Sections 103 — 112). Section 101 identifies which buildings and structures come under its purview and references other I -Codes as applicable. This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its adminis- tration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the property owner and building occupants. PART 1 — SCOPE AND APPLICATION SECTION 101 GENERAL [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." [A] 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary mainte- nance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a gen- eral requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the pro- visions of this code shall apply. Where, in a specific case, dif- ferent sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises. [A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, Interna- tional Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Interna- tional Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provi- sion of the International Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between pro- visions of this code and the referenced standards, the pro- visions of this code shall apply. [A] 102.7.2 Provisions in referenced codes and stan- dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the refer- enced code or standard. [A] 102.8 Requirements not covered by code. Require- ments necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the pub- lic safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [Al 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identi- fied by number, shall be construed to refer to such chapter, section or provision of this code. [A] 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION [A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. [Al 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [Al 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. [A] 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be ren- dered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the juris- diction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [Al 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. [A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. [Al 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in viola- tion of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or per- form the duties imposed by this code, provided that if such structure or premises is occupied the code official shall pres- ent credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright @ 20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexas.gov), (-) Order Number #100879786 on May o6, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner's authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modifi- cation does not lessen health, life and fire safety require- ments. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifi- cally prescribed by this code, provided that any such alterna- tive has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, dura- bility and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as speci- fied in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 107 shall be deemed guilty of a misde- meanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liabil- ity offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a vio- lation continues after due notice has been served shall be deemed a separate offense. [A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall com- ply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3 Copyright @ 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: t4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 5. Inform the property owner or owner's authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: delivered personally, or sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the let- ter was not delivered, a copy thereof shall be posted in a con- spicuous place in or about the structure affected by such notice. 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official. 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dis- pose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of vio- lation and fully accepting the responsibility without condition for making the corrections or repairs required by such com- pliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A struc- ture is unfit for human occupancy whenever the code offi- cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.1.5 Dangerous structure or premises. For the pur- pose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright ®20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel con- nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize discon- nection of utility service to the building, structure or sys- tem regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discon- nection the owner, owner's authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner, owner's autho- rized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties pro- vided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equip- ment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any struc- ture or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5 Copyright O zot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condi- tion or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code offi- cial, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materi- als to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner's authorized agent where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. 110.2 Notices and orders. Notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. 110.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the per- son who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [Al 111.2 Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall not vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [Al 111.2.1 Alternate members. The chief appointing authority shall appoint not less than two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alter- nate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright ®20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. SCOPE AND ADMINISTRATION 100879786 [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board member- ship. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appel- lant's representative shall have the right to request a post- ponement of the hearing. [A] 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] 111.7 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. [A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issu- ance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7 Copyright O zot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright ®20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 2 DEFINITIONS User note: About this chapter. Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the mean- ings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code, Interna- tional Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwell- ing," "premises," "building," "rooming house," "rooming unit," "housekeeping unit' or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building that is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically dis- connected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [A] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be per- mitted to be for use under, on or above said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [BE] GUARD. A building component or a system of build- ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9 Copyright Q 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: t4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. DEFINITIONS 100879786 halls, storage or utility spaces, and similar areas are not con- sidered habitable spaces. [Al HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition that could cause seri- ous or life -threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above -labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a build- ing, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munici- pality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. [Al PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm). ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, min- eral matter, glass, crockery and dust and other similar materi- als. [A] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for liv- ing, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustain- able load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. 10 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright @ 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 3 GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather -resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land; the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; extermination of insects and rodents; access barri- ers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. GENERAL REQUIREMENTS 100879786 302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the fin- ished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self - closing and self -latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects. 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects. 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects. 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects. 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects. 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 4. Siding and masonry joints including joints 2. Demolition of unsafe conditions shall be permit - between the building envelope and the perimeter ted where approved by the code official. of windows, doors and skylights are not main- 304.2 Protective treatment. Exterior surfaces, including but tained, weather resistant or water tight. not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than 12 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE° Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. GENERAL REQUIREMENTS 100879786 decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or cor- rosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabili- zation by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weath- erproof and properly surface coated where required to pre- vent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good work- ing condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior doors, door assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleep- ing units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13 ' I I Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. GENERAL REQUIREMENTS 100879786 walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. Exterior gates, gate assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Structural members are incapable of supporting nominal loads and load effects. 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of support- ing all nominal loads and resisting all load effects. 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permit- ted where approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including win- dows and doors, shall be maintained in good, clean and sani- tary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Exist- ing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the follow- ing conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expan- sion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other struc- tural element due to a chemical reaction from the soil. 1.4. Inadequate soil as determined by a geotech- nical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the fol- lowing conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 14 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. GENERAL REQUIREMENTS 100879786 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the fol- lowing conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the follow- ing conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, bal- cony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved pro- cesses that will not be injurious to human health. After pest 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 15 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 GENERAL REQUIREMENTS elimination, proper precautions shall be taken to prevent rein- festation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one -family dwell- ing or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsi- ble for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. 16 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS User note: About this chapter: Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, mini- mum ceiling height and restrictions to prevent overcrowding. SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall pro- vide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to occupy, any premises that do not comply with the require- ments of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required mini- mum total window area for the room. Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the inte- rior room or space, or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one - and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcan- dle (11 lux) at floors, landings and treads. 402.3 Other spaces. Other spaces shall be provided with nat- ural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The venti- lation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechani- cal ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certif- icate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 100879786 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manu- facturer's instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hall- ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not greater than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one- third of the required minimum floor area. In calcu- lating the floor area of such rooms, only those por- tions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or hab- itable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bed- rooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every bed- room in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabit- able spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water -heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living rooma, b 120 120 150 Dining rooma, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.0929 mZ. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Sec- tion 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occu- pants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occu- pants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) 18 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 100879786 in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sani- tary disposal of food wastes and refuse, including facilities for temporary storage. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 19 ' I I Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 20 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS User note: About this chapter. Chapter 5 establishes minimum sanitary and clean conditions in occupied buildings by containing requirements for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sew- age disposal systems and related plumbing fixtures. Chapter 5 includes requirements for providing potable water to a building and the basic fixtures to effectively utilize and dispose of that water. SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall pro- vide and maintain such plumbing facilities and plumbing fix- tures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working con- dition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. [P] 502.4 Employees' facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occu- pancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or pas- sageway. [P] 503.3 Location of employee toilet facilities. Toilet facil- ities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a dis- tance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 21 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS 100879786 [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 505 WATER SYSTEM [P] 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. [P] 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fix- tures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. [P] 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of provid- ing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and main- tained on water heaters. [P] 505.5 Nonpotable water reuse systems. Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 505.5.1. [P] 505.5.1 Abandonment of systems. Where a nonpota- ble water reuse system or a rainwater collection and distri- bution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with Section 1301.10 of the International Plumbing Code. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. Plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved pri- vate sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and auto- matic grease removal devices shall be maintained in accor- dance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sew- age treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 22 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS User note: About this chapter: Chapter 6 establishes minimum performance requirements for heating, electrical and mechanical facilities serving exist- ing structures, such as heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appli- ances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel -burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle out- lets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters. SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall pro- vide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be pro- vided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tem- perature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design tempera- ture for the locality indicated in Appendix D of the Interna- tional Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel -burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65OF (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to fur- nish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum tem- perature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is oper- ating at its full design capacity. The winter outdoor design temperature for the locality shall be as indi- cated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel -burning appli- ances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condi- tion, and shall be capable of performing the intended func- tion. 603.2 Removal of combustion products. Fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible mate- rials shall be maintained. 603.4 Safety controls. Safety controls for fuel -burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 23 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. MECHANICAL AND ELECTRICAL REQUIREMENTS 100879786 fuel -burning equipment shall be provided for the fuel -burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for addi- tional facilities in accordance with NFPA 70. Dwelling units shall be served by a three -wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall gov- ern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribu- tion equipment, motor circuits, power equipment, trans- formers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low -voltage fuses, lumi- naires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provi- sions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved man- ufacturer's representative indicates that the equip- ment has not sustained damage that requires replacement: 1. Enclosed switches, rated not more than 600 volts or less. 2. Busway, rated not more than 600 volts. 3. Panelboards, rated not more than 600 volts. 4. Switchboards, rated not more than 600 volts. 5. Fire pump controllers, rated not more than 600 volts. 6. Manual and magnetic motor controllers. 7. Motor control centers. 8. Alternating current high -voltage circuit breakers. 9. Low -voltage power circuit breakers. 10. Protective relays, meters and current trans- formers. 11. Low- and medium -voltage switchgear. 12. Liquid -filled transformers. 13. Cast -resin transformers. 14. Wire or cable that is suitable for wet loca- tions and whose ends have not been exposed to water. 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water. 16. Luminaires that are listed as submersible. 17. Motors. 18. Electronic control, signaling and communi- cation equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including fumace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fix- tures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle out- lets. Every laundry area shall contain not less than one grounding -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the loca- tion. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- nace room shall contain not less than one electric luminaire. 24 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. MECHANICAL AND ELECTRICAL REQUIREMENTS 100879786 Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb- waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, not less than one elevator shall be maintained in opera- tion at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 25 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 26 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 7 FIRE SAFETY REQUIREMENTS User note: About this chapter: Chapter 7 establishes fire safety requirements for existing structures by containing requirements for means of egress, including path of travel, required egress width, means of egress doors and emergency escape openings, and for the maintenance of fire -resis- tance -rated assemblies, fire protection systems, and carbon monoxide alarm and detection systems. SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided. 701.2 Responsibility. The owner of the premises shall pro- vide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter. SECTION 702 MEANS OF EGRESS [F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. [F] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. [F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are per- mitted to be placed over emergency escape and rescue open- ings provided that the minimum net clear opening size complies with the code that was in effect at the time of con- struction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703 FIRE -RESISTANCE RATINGS [F] 703.1 Fire -resistance -rated assemblies. The provisions of this chapter shall govern maintenance of the materials, sys- tems and assemblies used for structural fire resistance and fire -resistance -rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings. [F] 703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with Section 111.1.1 of the International Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of compo- nents is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 111.2 of the International Fire Code. [F] 703.3 Maintenance. The required fire -resistance rating of fire -resistance -rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire -resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annu- ally by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspec- tions and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capa- ble of resisting the passage of smoke and fire. Openings through fire -resistance -rated assemblies shall be protected by self- or automatic -closing doors of approved construction meeting the fire protection requirements for the assembly. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 27 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. FIRE SAFETY REQUIREMENTS 100879786 IF] 703.3.1 Fire blocking and draft stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integ- rity of the construction. IF] 703.3.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105. IF] 703.3.3 Fire walls, fire barriers, and fire partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings pro- tected with approved doors or fire dampers shall be main- tained in accordance with NFPA 80. IF] 703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field -applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third -party certification organi- zation accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified. IF] 703.4.1 Signs. Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows: 1. For doors designed to be kept normally open: FIRE DOOR — DO NOT BLOCK. 2. For doors designed to be kept normally closed: FIRE DOOR — KEEP CLOSED. IF] 703.4.2 Hold -open devices and closers. Hold -open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed posi- tion. IF] 703.4.3 Door operation. Swinging fire doors shall close from the full -open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position. IF] 703.5 Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire -resistance -rated horizontal assembly shall be prohibited. IF] 703.6 Testing. Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained. IF] 703.7 Vertical shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the Inter- national Fire Code. New floor openings in existing buildings shall comply with the International Building Code. IF] 703.8 Opening protective closers. Where openings are required to be protected, opening protectives shall be main- tained self -closing or automatic -closing by smoke detection. Existing fusible -link -type automatic door -closing devices shall be replaced if the fusible link rating exceeds 135°F (57°C). SECTION 704 FIRE PROTECTION SYSTEMS IF] 704.1 Inspection, testing and maintenance. Fire detec- tion, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be main- tained in accordance with the International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective. IF] 704.1.1 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection where the building is altered or enlarged. Alterations to fire protection systems shall be done in accordance with applicable standards. IF] 704.1.2 Required fire protection systems. Fire pro- tection systems required by this code, the International Fire Code or the International Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provi- sions of this code, the International Fire Code or the Inter- national Building Code has been granted shall be considered to be a required system. IF] 704.1.3 Fire protection systems. Fire protection sys- tems shall be inspected, maintained and tested in accor- dance with the following International Fire Code requirements. 1. Automatic sprinkler systems, see Section 903.5. 2. Automatic fire -extinguishing systems protecting commercial cooking systems, see Section 904.12.5. 3. Automatic water mist extinguishing systems, see Section 904.11. 4. Carbon dioxide extinguishing systems, see Section 904.8. 5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6. 6. Clean -agent extinguishing systems, see Section 904.10. 7. Dry -chemical extinguishing systems, see Section 904.6. 8. Fire alarm and fire detection systems, see Section 907.8. 9. Fire department connections, see Sections 912.4 and 912.7. 10. Fire pumps, see Section 913.5. 11. Foam extinguishing systems, see Section 904.7. 12. Halon extinguishing systems, see Section 904.9. 28 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. FIRE SAFETY REQUIREMENTS 100879786 13. Single- and multiple -station smoke alarms, see Section 907.10. 14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5. 15. Smoke control systems, see Section 909.20. 16. Wet -chemical extinguishing systems, see Section 904.5. [F] 704.2 Standards. Fire protection systems shall be inspected, tested and maintained in accordance with the refer- enced standards listed in Table 704.2 and as required in this section. TABLE 704.2 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Portable fire extinguishers NFPA 10 Carbon dioxide fire -extinguishing system NFPA 12 Halon 1301 fire -extinguishing systems NFPA 12A Dry -chemical extinguishing systems NFPA 17 Wet -chemical extinguishing systems NFPA 17A Water -based fire protection systems NFPA 25 Fire alarm systems NFPA 72 Smoke and heat vents NFPA 204 Water -mist systems NFPA 750 Clean -agent extinguishing systems NFPA 2001 [F] 704.2.1 Records. Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards. [F] 704.2.2 Records information. Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers' operation and maintenance instruction manuals. Such records shall be maintained for the life of the installation. [F] 704.3 Systems out of service. Where a required fire pro- tection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire pro- tection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of the Interna- tional Fire Code to bring the systems back in service. [F] 704.3.1 Emergency impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the International Fire Code. [F] 704.4 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system or other fire appliance required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs. [F] 704.4.1 Removal of or tampering with appurte- nances. Locks, gates, doors, barricades, chains, enclo- sures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner. [F] 704.4.2 Removal of existing occupant -use hose lines. The fire code official is authorized to permit the removal of existing occupant -use hose lines where all of the following apply: 1. The installation is not required by the International Fire Code or the International Building Code. 2. The hose line would not be utilized by trained per- sonnel or the fire department. 3. The remaining outlets are compatible with local fire department fittings. [F] 704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the Interna- tional Fire Code, notice shall be made to the fire code offi- cial whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated. [F] 704.5 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the loca- tion. Such signs shall be subject to the approval of the fire code official. [F] 704.5.1 Fire department connection access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief. Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times. [F] 704.5.2 Clear space around connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall -mounted fire department connections and around the circumference of free-standing fire department connections. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 29 ' I I Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. FIRE SAFETY REQUIREMENTS 100879786 [F] 704.6 Single- and multiple -station smoke alarms. Sin- gle- and multiple -station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3. [F] 704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single -station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occu- pancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with require- ments that were in effect at the time of installa- tion. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. [F] 704.6.1.1 Group R-1. Single- or multiple -station smoke alarms shall be installed in all of the following locations in Group R- 1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single - or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bed- rooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.6.1.1 or 704.6.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm -silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance. [F] 704.6.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would pre- vent placement of a smoke alarm required by Section 704.6.1.1 or 704.6.1.2. [F] 704.6.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be inter- connected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or con- struction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement avail- able that could provide access for interconnection without the removal of interior finishes. [F] 704.6.3 Power source. Single -station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and with- out a disconnecting switch other than as required for over - current protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 30 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May o6, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. FIRE SAFETY REQUIREMENTS 100879786 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergo- ing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could pro- vide access for building wiring without the removal of interior finishes. [F] 704.6.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall be an acceptable alternative to single- and multiple -station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applica- ble requirements in Section 907 of the International Fire Code. 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the International Fire Code. [F] 704.7 Single- and multiple -station smoke alarms. Sin- gle- and multiple -station smoke alarms shall be tested and maintained in accordance with the manufacturer's instruc- tions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined. SECTION 705 CARBON MONOXIDE ALARMS AND DETECTION [F] 705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with Section R315 of that code. [F] 705.2 Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end -of -life signals shall be replaced. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 31 Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 32 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 CHAPTER 8 REFERENCED STANDARDS User note: About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ASMEAmerican Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1-2016/CSA B44-16: Safety Code for Elevators and Escalators 606.1 A S T M ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 F1346-91 (2010): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 ICCInternational Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 IBC-18: International Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 604.3.1.1, 604.3.2.1, 702.3, 704.4.2 IECC-18: International Energy Conservation Code® 102.3 IEBC-18: International Existing Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1 IFC-18: International Fire Code® 102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 704.6.4, 705.1 IFGC-18: International Fuel Gas Code® 102.3, 201.3 IMC-18: International Mechanical Code® 102.3, 201.3 IPC-18: International Plumbing Code® 102.3, 201.3, 502.5, 505.1, 505.5.1, 602.2, 602.3 IRC-18: International Residential Code® 102.3, 201.3 IZC-18: International Zoning Code® 102.3, 201.3 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 33 Copyright O zot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. REFERENCED STANDARDS 100879786 NFPA 10-17: Standard for Portable Fire Extinguishers National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 Table 704.2 12-15: Standard on Carbon Dioxide Extinguishing Systems Table 704.2 12A-15: Standard on Halon 1301 Fire Extinguishing Systems Table 704.2 17-17: Standard for Dry Chemical Extinguishing Systems Table 704.2 17A-17: Standard for Wet Chemical Extinguishing Systems Table 704.2 25-17: Standard for the Inspection, Testing and Maintenance of Water -Based Fire Protection Systems Table 704.2 70-17: National Electrical Code 102.3, 201.3, 604.2 72-16: National Fire Alarm and Signaling Code Table 704.2 80-16: Standard for Fire Doors and Other Opening Protectives 703.3.3, 703.4 105-16: Standard for Smoke Door Assemblies and Other Opening Protectives 703.3.2 204-15: Standard for Smoke and Heat Venting Table 704.2 720-15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment [F] 705.2 750-14: Standard on Water Mist Fire Protection Systems Table 704.2 2001-15: Standard on Clean Agent Fire Extinguishing Systems Table 704.2 UL 268-09: Smoke Detectors for Fire Alarm Systems 704.6.4 Underwriters Laboratories, LLC 333 Pfingsten Road Northbrook, IL 60062 34 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright ®20t7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single —only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 APPENDIX A BOARDING STANDARD The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. User note: About this appendix. Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to eliminate having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the provisions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction. A101 GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. A102 MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum '/z inch -thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. A103 INSTALLATION A103.1 Boarding installation. The boarding installation shall be in accordance with Figures Al03.1(1) and Al03.1(2) and Sections A103.2 through A103.5. A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be pre - drilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD IBC 18 International Building Code A102.1, A102.2, A102.3 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 35 Copyright O zot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. APPENDIX A 100879786 3/8" carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior CDX plywood or formance-rated OSB. Z" x 4" strong backs ndow frame x 4" strong backs ,� „u„guy., .,,,,._. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. FIGURE All 03.1(1) BOARDING OF DOOR OR WINDOW %2 INCH CDX PLYWOOD OR PERFORMANCE -RATED OSB SHALL BE SECURED TO HEADER, BSE PLATE, STUDS, STILES, AND EDGE BLOCKING USING ALTERNATE SCREWS AND NAILS ATA MAXIMUM OF 6 INCHES O.C. 2 INCH x 4 INCH EDGE BLOCKING \ ] EITHER HORIZONTALLY OR VERTICALLY ALONG EDGE OF EACH SHEET OF 2 INCH x 4 INCH STUDS PLYWOOD OR OSB. SPACED 24 INCHES ON CENTER For SI: 1 inch = 25.4 mm. FIGURE A103.1(2) BOARDING OF DOOR WALL 36 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE"' Copyright C 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attathatoWannatexas.gov), (-) Order Number #100879786 on May 06, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100R]9786 A ACCESS INDEX Emergency egress ........................702 From bedrooms ....................... 404.4.2 Plumbing fixtures, access for cleaning ........504.2 To public way...........................702.1 Toilet room as passageway ................503.1 Water closet .......................... 404.4.3 ADJACENT Privacy (hotel units, rooming units) ........... 404.1 ADMINISTRATION Scope.................................101.2 AGENT (See also OPERATOR, OWNER) Definition ................................ 202 AIR Combustion air ..........................603.5 AISLES Minimum width ..........................702.2 ALTERATION Applicability of other codes.................102.3 Inspection..............................104.2 Prosecution.............................106.3 Unlawful acts...........................106.1 ANCHOR Anchored, definition ....................... 202 Architectural trim .........................304.8 Signs, marquees and awnings ..............304.9 Unsafe conditions ...................... 304.1.1 APPEAL Application.............................111.1 Board decision ..........................111.6 Board of appeals ........................111.2 Court review............................111.7 Disqualification ........................ 111.2.3 Financial interest ...................... 111.2.3 Hearing, emergency orders ................109.6 Membership............................111.2 Notice of appeal .........................111.1 Postponed hearing .......................111.5 Records...............................104.6 Right to appeal ..........................111.1 Vote..................................111.6 APPLIANCE Cooking ......................... 403.3, 602.2 Mechanical.............................603.1 APPLICABILITY Application of references ..................102.9 General................................102.1 Other laws ............................ 102.10 Referenced codes and standards........... 102.7 APPROVAL Alternatives ............................ 105.2 Authority ......................... 104.1, 105.2 Modifications ........................... 105.1 Research reports ....................... 105.6 Used material and equipment .............. 105.4 APPROVED Alternative materials, methods and equipment ........................... 105.2 Definition ................................ 202 Energy conservation devices .............. 603.6 Garbage storage facilities ................ 308.3.1 Modifications ........................... 105.1 Used materials and equipment ............. 105.4 ARTIFICIAL Lighting of habitable rooms ................ 401.3 Lighting of other spaces .................. 402.3 AUTOMOBILE Motor vehicles .......................... 302.8 AWNING Signs, marquees and awnings ............. 304.9 B BALCONY Handrails and guardrails ................. 304.12 BASEMENT Definition ................................ 202 Hatchways ........................... 304.16 Windows ............................. 304.17 BATHROOM Common bathrooms ................ 502.3, 503.1 Hotels ................................ 502.3 Lighting ............................... 605.3 Locks ................................. 503.1 Outlets required ........................ 605.2 Privacy ............................... 503.1 Ventilation ............................. 403.2 BATHTUB Dwelling units .......................... 502.1 Rooming houses ........................ 502.2 Sewage system ......................... 506.1 Water -heating facilities ................... 505.4 Water system .......................... 505.1 BOARDING Boarding standard ...................Appendix A 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 37 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate -g-L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 BOILER Unsafe equipment ..................... 108.1.2 .i CAPACITY Heating facilities .............. 602.2, 602.3, 602.4 CAR (See AUTOMOBILE) CARBON MONOXIDE ALARMS AND DETECTION Installation ............................. 705.1 Maintenance ........................... 705.2 CEILING Basement rooms ........................ 404.3 Fire -resistance ratings .................... 703.1 Interior surfaces ......................... 305.3 Minimum height ......................... 404.3 Sleeping rooms ......................... 404.3 CHANGE, MODIFY Application of other codes ................. 102.3 CHIMNEY Exterior structure ....................... 304.11 Flue ............................ 603.2, 603.3 CLEANING Access for cleaning ...................... 504.2 Disposal of garbage ...................... 308.3 Disposal of rubbish ...................... 308.2 Interior and exterior sanitation .............. 308.1 Interior surfaces ......................... 305.3 Plumbing facilities, maintained ............. 504.1 Required plumbing facilities ................. 502 Responsibility of persons .................. 305.1 Trash containers ...................... 308.3.2 Vacant structures and land ................ 301.3 CLEARANCE Heating facilities ......................... 603.3 Plumbing fixtures ........................ 504.2 CLOSING Streets................................109.3 Vacant structures ........................ 108.2 CLOTHES DRYER Exhaust...............................403.5 CODE OFFICIAL Condemnation .......................... 108.1 Demolition .............................. 110 Duties .................................. 104 Emergency order ......................... 109 Enforcement authority .................... 104.1 Failure to comply with demolition order ....... 110.3 Identification ............................ 104.3 Inspections ............................. 104.2 Liability, relief of personal .................. 103.4 Membership of board of appeals ............ 111.2 Notice of violation .................... 104.5, 107 Notices and orders ........................ 107 Official records .......................... 104.6 Personal liability ......................... 103.4 Placarding ............................. 108.4 Prosecution............................106.3 Removal of placard .................... 108.4.1 Right of entry ........................... 104.3 Transfer of ownership .................... 107.6 Vacant structures ........................ 108.2 Voting of appeals board ............. 111.2, 111.6 COMBUSTION Combustion air .......................... 603.5 COMPONENT SERVICEABILITY Unsafe conditions ...................... 306.1.1 CONDEMNATION Closing of vacant structures ................ 108.2 Failure to comply ........................ 110.3 General...............................108.1 Notices and orders ................. 108.2, 108.3 Placarding ............................. 108.4 Removal of placard .................... 108.4.1 CONFLICT Conflict of interest ..................... 111.2.3 Violations .............................. 106.1 CONNECTION Sewage system ......................... 506.1 Water heating ........................... 505.4 Water system ........................... 505.1 CONSTRUCTION Existing structures ....................... 101.2 CONTAINER Garbage ............................. 308.3.2 Rubbish storage ....................... 308.2.1 CONTINUOUS Unobstructed egress ..................... 702.1 CONTROL Rodent control .................... 302.5, 304.5 Safety controls .......................... 603.4 Weed.................................302.4 COOLING Cooling towers ......................... 304.11 CORRIDOR Accumulation of rubbish ................... 308.1 Light..................................402.2 Lighting fixtures ......................... 605.3 Obstructions ...................... 702.1, 702.2 Ratings maintained ....................... 703 38 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate -g-L (-) Order Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, or distribution authorized. Single user ouly, copying and networking prohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 DAMP, DAMPNESS Roofs.................................304.7 Window, door frames ....................304.13 DANGEROUS, HAZARDOUS Condemnation ..........................108.1 Demolition ............................... 110 Electrical hazards .................604.3, 604.3.1 Existing remedies ........................102.4 Imminent danger ..........................202 Unsafe equipment ..................... 108.1.2 Unsafe structures or premises ............ 108.1.5 DECKS Handrails and guardrails ..................304.12 Maintenance ..................... 304.2, 304.10 DEMOLITION Existing remedies ........................102.4 Failure to comply ........................110.3 General.................................110 Order.................................110.2 Salvage materials ........................110.4 DETECTORS Smoke.................................704 DETERIORATION Components of systems ................. 306.1.1 Definition ................................ 202 Exterior structure ...................... 304.1.1 Exterior walls...........................304.6 DIRECT Egress................................702.1 DISPOSAL Disposal of garbage ......................308.3 Disposal of rubbish .......................308.2 DOOR Exit doors..............................702.3 Fire...................................703.2 Hardware.............................304.15 Insect screens .........................304.14 Interior surfaces .........................305.3 Locks .......................... 304.15, 702.3 Maintenance .................... 304.13, 304.15 Weather tight..........................304.13 Window and door frames .................304.13 DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Locked doors...........................702.3 Privacy .......................... 503.1, 503.2 DRAFT STOPPING Maintenance .......................... 703.3.1 DRAIN, DRAINAGE Basement hatchways ....................304.16 Plumbing connections ...................... 506 Storm drainage ...........................507 DUCT Exhaust duct ........................... 304.9 Duct systems ............................ 607 DUST Process ventilation ...................... 403.4 DWELLING Cleanliness ....................... 305.1, 308.1 Definition ................................ 202 Electrical .............................. 604.1 Heating facilities .......................... 602 Required facilities ......................... 502 E EGRESS Aisles ................................ 702.2 Emergency escape ...................... 702.4 General ............................... 702.1 Lighting ............................... 402.2 Locked doors .......................... 702.3 Obstructions prohibited ................... 702.1 Stairs, porches and railings ............... 304.10, 305.4, 305.5, 307.1 ELECTRIC, ELECTRICAL EQUIPMENT Abatement of hazards, fire exposure ....... 604.3.2 Abatement of hazards, water exposure ..... 604.3.1 Condemnation .......................... 108.1 Electrical equipment .................. 604.3.1.1 Facilities required ....................... 604.1 Hazards ............................... 604.3 Installation ............................. 605.1 Lighting fixtures ......................... 605.3 Receptacles ...................... 604.3, 605.2 Responsibility .......................... 601.2 Service ............................... 604.2 ELEVATOR, ESCALATORS, DUMBWAITERS Condemnation .......................... 108.1 General ............................... 606.1 Maintenance ......................606.1, 606.2 EMERGENCY Emergency escape openings .............. 702.4 Emergency measures ......................109 Emergency orders ....................... 109.1 ENFORCEMENT Duties and powers ........................ 104 Scope ................................ 101.2 EQUIPMENT Alternative ............................. 105.2 Combustion air ......................... 603.5 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 39 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annat--g-L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, -distribution authorized. Single use, ouly, copying and me -kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 Condemnation ................... 108.1.2, 108.3 Electrical installation ..................... 605.1 Emergency order ........................ 109.1 Energy conservation devices ............... 603.6 Installation ............................. 603.1 Interior structure ......................... 305.1 Placarding ....................... 108.4, 108.5 Prohibited use .......................... 108.5 Responsibility ........................... 601.2 Safety controls .......................... 603.4 Scope.................................101.2 Scope, mechanical and electrical ........... 601.1 Support, definition ........................ 202 Unsafe .............................. 108.1.2 Used.................................105.4 EXHAUST Clothes dryer ........................... 403.5 Exhaust ducts .......................... 304.9 Process ventilation ....................... 403.4 EXISTING Remedies..............................102.4 Scope.................................101.2 Structural members ............... 304.1.1, 304.4 Structures ............................. 101.3 EXTERIOR Decorative features ...................... 304.8 Exterior structure ......................... 304 Exterior walls ........................... 304.6 Painting ......................... 304.2, 304.6 Rodent harborage ................. 302.5, 304.5 Sanitation .............................. 304.1 Scope.................................301.1 Stair.................................304.10 Street numbers ......................... 304.3 Unsafe conditions ..................... 304.1.1 Weather tight .......................... 304.13 F FAN Exhaust vents .......................... 302.6 FEES, EXPENSES, COST Closing vacant structures ................. 108.2 Demolition .................. 110.1, 110.3, 110.4 Extermination.......... 309.2, 309.3, 309.4, 309.5 General...............................103.5 Relief from personal liability ................ 103.4 FENCE Accessory.............................302.7 Maintenance ........................... 304.2 FIRE Blocking Maintenance .................. 703.3.1 FIRE DEPARTMENT Connection access .............. 704.5.1, 704.5.2 Connections............................704.5 FIRE PROTECTION SYSTEMS Emergency impairments ................ 704.3.1 Equipment ...............704.4, 704.4.1, 704.4.2 Inspection ................. 704.1, 704.1.3, 704.2 Installation ........................... 704.1.1 Maintenance ............... 704.1, 704.1.3, 704.2 Out of service ........................... 704.3 Records of maintenance ................ 704.2.1 Required systems .............. 704.1.2, 704.2.2 Smoke alarms .......................... 704.6 Smoke detections systems .............. 704.6.4 Termination of service .................. 704.4.3 Testing ................... 704.1, 704.1.3, 704.2 FIRE -RESISTANCE RATINGS Ceilings...............................703.5 Draft stopping ........................ 703.3.1 Fire barriers .......................... 703.3.3 Fire blocking ......................... 703.3.1 Fire partitions ......................... 703.3.3 Fire walls ............................ 703.3.3 Maintenance...........................703.3 Opening protective .......................703.4 Shafts.................................703.7 Smoke barriers ........................ 703.3.2 Smoke partitions ...................... 703.3.2 Unsafe conditions ........................ 703.2 FLAMMABLE LIQUID Containers ........................... 108.1.2 FLOOR, FLOORING Area for sleeping purposes .............. 404.4.1 Fire -resistance ratings .................... 703.1 Interior surfaces ................... 305.1, 305.3 Space requirements ...............404.4.1, 404.6 FOOD PREPARATION Cooking equipment ......................403.3 Sanitary condition .................. 305.1, 404.7 Ventilation.............................403.4 FOUNDATION Condemnation ........................ 108.1.1 Foundation walls ........................ 304.5 Unsafe conditions ............... 304.1.1, 305.1.1 FRAME Window and door frames ................. 304.13 G GAS Energy conservation devices ............... 603.6 Exhaust vents...........................302.6 40 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annate -g-L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, oc distribution authorized. Single oset ouly, copying and netwotkimg ptohiblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 GLAZING Materials ............................ 304.13.1 GRADE Drainage...........................302.2, 507 GUARD Anchorage and maintenance ..............304.12 Basement windows .................... 304.18.2 Definition ................................ 202 T :/_1-3I/_1-14� Definition ................................ 202 Light...................................402 Minimum ceiling height....................404.3 Minimum room width .....................404.2 Required plumbing facilities ................. 502 Residential heating facilities .......... 602.2, 602.3 Space requirements .................... 404.4.1 Ventilation ............................... 403 HANDRAILS AND GUARDRAILS Handrails ..................304.12, 305.5, 307.1 Stairs and porches ......................304.10 HARDWARE Door hardware ................... 304.15, 702.3 Openable windows .................... 304.13.2 HAZARDOUS (See DANGEROUS, HAZARDOUS) HEAT, HEATING Energy conservation devices ...............603.6 Fireplaces..............................603.1 Heating................................603.1 Mechanical equipment ....................603.1 Required capabilities ...................... 602 Residential heating ................. 602.2, 602.3 Supply.................................602.3 Water heating facilities ....................505.4 Water system ............................ 505 HEIGHT Minimum ceiling height....................404.3 HOT (See HEAT, HEATING) HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition ................................ 202 Locked doors...........................702.3 Required facilities ......................... 502 Toilet rooms ............................. 503 HOUSEKEEPING UNIT Definition ................................ 202 IDENTIFICATION Code official ........................... 104.4 INFESTATION Condemnation ......................... 108.1.3 Definition ................................ 202 Insect and rodent ........... 302.5, 304.14, 309.1 INSECTS Infestation ............................. 309.1 Insect screens ......................... 304.14 Pest elimination ........................... 309 INSPECTIONS General ............................... 104.2 Right of entry ........................... 104.3 INSPECTOR Identification ........................... 104.4 Inspections ............................ 104.2 Records ............................... 104.6 INTENT Code ................................. 101.3 INTERIOR Interior structure .......................... 305 Interior surfaces ........................ 305.3 Means of egress ..........................702 Sanitation ............................. 305.1 Unsafe conditions ...................... 305.1.1 J JURISDICTION Title .................................. 101.1 KITCHEN Electrical outlets required ................. 605.2 Minimum width ......................... 404.2 Prohibited use ......................... 404.4.4 Room lighting .......................... 605.3 Water heating facilities ................... 505.4 L LANDING Handrails and guards ................... 304.12, 305.5, 306.1 Maintenance ..................... 304.10, 305.4 LAUNDRY Room lighting .......................... 605.3 Water -heating facilities ................... 505.4 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 41 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 LAVATORY Hotels ................................. 502.3 Required facilities ........................ 502 Rooming houses ........................502.2 Sanitary drainage system .................. 506 Water -heating facilities ................... 505.4 Water system ............................ 505 LEASE (SELL, RENT) Heat supplied ........................... 602.3 Salvage materials ....................... 110.4 Transfer of ownership .................... 107.6 LIEN Closing of vacant structures ............... 108.2 Demolition ............................. 110.3 Failure to comply ........................ 110.3 LIGHT, LIGHTING Common halls and stairways......... 402.2, 605.3 General ................................ 402 Habitable rooms ......................... 402.1 Kitchen................................605.3 Laundry rooms .......................... 605.3 Luminaires ............................. 605.3 Other spaces ........................... 402.3 Responsibility ........................... 401.2 Scope.................................101.2 Toilet rooms ............................ 605.3 LIVING ROOM Room area ........................... 404.4.1 LOAD, LOADING Elevators, escalators and dumbwaiters....... 606.1 Handrails and guardrails ........... 304.12, 305.5 Live load ........................ 304.4, 305.2 Stairs and porches ................ 304.10, 305.2 Structural members ................ 304.4, 305.2 x MAINTENANCE Required..............................102.2 MATERIAL Alternative ............................. 105.2 Salvage...............................110.4 Used.................................105.4 MEANS OF EGRESS (See EGRESS) MECHANICAL Installation ............................. 603.1 Responsibility ........................... 601.2 Scope.................................601.1 Ventilation, general ....................... 403 Ventilation, toilet rooms ................... 403.2 MINIMUM Ceiling height ........................... 404.3 Room area ........................... 404.4.1 Room width ............................ 404.2 MODIFICATION Approval...............................105.1 MOTEL (See HOTELS) MOTOR VEHICLES Inoperative.............................302.8 Painting...............................302.8 T H-11%01:7_11 Lighting ............................ 401.3, 402 Ventilation .........................401.3, 403 NOTICES AND ORDERS Appeal................................111.1 Form..................................107.2 Method of service ........................ 107.3 Orders ................................. 107 Owner, responsible person ................ 107.1 Penalties..............................107.5 Placarding of structure .................... 108.4 Transfer of ownership .................... 107.6 Unauthorized tampering ................... 107.4 Vacating structure ....................... 108.2 NOXIOUS Process ventilation ....................... 403.4 Weeds................................302.4 NUISANCE Closing of vacant structures ................ 108.2 A .07-*3I:11114gW01LI Light..................................402.1 Right of entry ........................... 104.3 OCCUPANCY (See USE) OPENABLE Locked doors...........................702.3 Windows ....................... 304.13.2, 403.1 OPENING PROTECTIVES Closers...............................703.8 Door operation ....................... 703.4.3 Hold -open devices ..................... 703.4.2 Maintenance ............................ 703.4 Signs ............................... 703.4.1 Testing................................703.6 OPERATOR Definition ............................... 202 ORDER (See NOTICE) ORDINANCE, RULE Applicability ............................. 102 Application for appeal ..................... 111.1 42 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hatos@annate -g-L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, of distribution authorized. Single use, ouly, copying and netwotkimg ptohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 INDEX OUTLET Clearance ............................. 504.2 Electrical...............................605.2 Connections ........................... 505.1 OWNER Contamination .......................... 505.2 Closing of vacant structures ................108.2 Employee's facilities ..................... 503.3 Definition ................................ 202 Fixtures ............................... 504.1 Demolition ............................... 110 Required facilities ......................... 502 Failure to comply ........................110.3 Responsibility .......................... 501.2 Insect and rat control ..........302.5, 309.2, 309.4 Sanitary drainage system ................... 506 Notice ........................... 107.1,108.3 Scope................................ 501.1 Pest elimination .........................309.2 Storm drainage ........................... 507 Placarding of structure ....................108.4 Supply................................ 505.3 Responsibility...........................301.2 Water heating facilities ................... 505.4 Responsibility, fire safety ..................701.2 PORCH Responsibility, light, ventilation..............401.2 Handrails............................. 304.12 Responsibility, mechanical and electrical ......601.2 Structurally sound ...................... 304.10 Responsibility, plumbing facilities ............501.2 PORTABLE (TEMPORARY) Right of entry ...........................104.3 Cooking equipment...................... 603.1 Rubbish storage ....................... 308.2.1 PRESSURE Scope.................................101.2 Water supply........................... 505.3 Transfer of ownership .....................107.6 PRIVATE, PRIVACY Bathtub or shower ....................... 503.1 p Occupancy limitations .................... 404.1 PASSAGEWAY Required plumbing facilities ................. 502 Common hall and stairway402.2 Sewage system ......................... 506.1 Interior surfaces ....... .................305.3 Water closet and lavatory ................. 503.1 Toilet rooms, direct access.................503.1 Water system .......................... 505.1 PENALTY PROPERTY, PREMISES Notices and orders .......................107.5 Cleanliness ....................... 304.1, 308.1 Placarding of structure ....................108.4 Condemnation............................ 108 Prohibited occupancy 108.5 Definition ................................ 202 Removal of placard ..................... 108.4.1 Demolition............................... 110 Scope.................................101.2 Emergency measures ...................... 109 Violations..............................106.4 Exterior areas ............................ 302 PEST ELIMINATION Failure to comply ........................ 110.3 Condemnation .......................... 108.1 Grading and drainage .................... 302.2 Definition ................................ 202 Pest elimination, multiple occupancy ... 302.5, 309.4 Insect and rodent control 302.5, 304.5, 304.14, 309.1 Pest elimination, single occupancy..... 302.5, 309.3 Pest elimination ......................... 309.1 Responsibility .......................... 301.2 Responsibility of owner .............. 301.2, 309.2 Scope ................................ 301.1 Responsibility of tenant-occupant.309.3, 309.4, 309.5 Storm drainage ........................... 507 PLACARD, POST Vacant structures and land ................ 301.3 Closing.........108.2 .................. PROTECTION Condemnation ..........................108.1 Basement windows..................... 304.17 Demolition ............................... 110 Fire protection systems..................... 704 Emergency, notice .......................109.1 Signs, marquees and awnings ............. 304.9 Notice to owner .................... 107.1, 108.3 PUBLIC Placarding of structure ....................108.4 Cleanliness ....................... 304.1, 305.1 Prohibited use...........................108.5 Egress................................ 702.1 Removal.............................108.4.1 Hallway............................... 502.3 PLUMBING Sewage system ......................... 506.1 Clean and sanitary 504.1 Toilet facilities ...................... 502.5, 503 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 43 1 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annat--g-L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, -distribution authorized. Single use, ouly, copying and me -kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 Vacant structures and land ................ 301.3 Water system ............................ 505 PUBLIC WAY Definition ............................... 202 RAIN (PREVENTION OF ENTRY INTO BUILDING EXTERIOR ENVELOPE) Basement hatchways .................... 304.16 Exterior walls ........................... 304.6 Grading and drainage .................... 302.2 Roofs.................................304.7 Window and door frames ................. 304.13 RECORD Official records .......................... 104.6 REPAIR Application of other codes ................. 102.3 Chimneys.............................304.11 Demolition ............................. 110.1 Exterior surfaces ........................ 304.1 Intent.................................101.3 Maintenance ........................... 102.2 Signs, marquees and awnings .............. 304.9 Stairs and porches ...................... 304.10 Weather tight .......................... 304.13 Workmanship ........................... 102.5 REPORTS Test reports .......................... 105.3.2 RESIDENTIAL Pest elimination .......................... 309 Residential heating ...................... 602.2 Scope.................................101.2 RESPONSIBILITY Pest elimination .......................... 309 Fire safety ............................. 701.2 Garbage disposal ........................ 308.3 General ............................... 301.2 Mechanical and electrical ................. 601.2 Persons...............................301.1 Placarding of structure .................... 108.4 Plumbing facilities ....................... 501.2 Rubbish storage ....................... 308.2.1 Scope ........................... 101.2, 301.1 REVOKE, REMOVE Demolition .............................. 110 Existing remedies ....................... 102.4 Removal of placard .................... 108.4.1 Rubbish removal ...................... 308.2.1 RIGHT OF ENTRY Duties and powers of code official ........... 104.3 Inspections ............................. 104.2 RODENTS Basement hatchways .................... 304.16 Condemnation ........................... 108 Foundations............................304.5 Guards for basement windows ............. 304.17 Harborage.............................302.5 Insect and rodent control .................. 309.1 Pest elimination ..................... 302.5, 309 ROOF Exterior structure ........................ 304.1 Roofs.................................304.7 Storm drainage ........................... 507 ROOM Bedroom and living room .................. 404.4 Cooking facilities ........................ 403.3 Direct access ........................... 503.2 Habitable..............................402.1 Heating facilities .......................... 602 Light ................................... 402 Minimum ceiling heights ................... 404.3 Minimum width .......................... 404.2 Overcrowding ........................... 404.5 Prohibited use ........................ 404.4.4 Temperature ............................ 602.5 Toilet .................................. 503 Ventilation .............................. 403 ROOMING HOUSES (See DORMITORY) RUBBISH Accumulation ........................... 308.1 Definition ............................... 202 Disposal...............................308.2 Garbage facilities ...................... 308.3.1 Rubbish storage ....................... 308.2.1 S SAFETY, SAFE Fire safety requirements ....... 701, 702, 703, 704 Safety controls .......................... 603.4 SANITARY Cleanliness ....................... 304.1, 305.1 Disposal of garbage ...................... 308.3 Disposal of rubbish ....................... 308.2 Exterior property areas .................... 302.1 Exterior structure ........................ 304.1 Food preparation ........................404.7 Furnished by occupant .................... 302.1 Grease interceptors ...................... 506.3 Interior surfaces ......................... 305.3 Plumbing fixtures ........................ 504.1 Required plumbing facilities ................. 502 Scope.................................101.2 44 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hams@annat--g-L (-) Otdet Number F1m0879796 on May ms, 2020 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,od-io no further reproductions by any third patty, of distribution authorized. Single use, only, copying and me -kimg ptohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 SCREENS SPACE Insect screens .........................304.14 General, light............................. 402 SECURITY General, ventilation ........................ 403 Basement hatchways .................. 304.18.3 Occupancy limitations...................... 404 Building..............................304.18 Privacy ............................... 404.1 Doors..............................304.18.1 Scope................................ 401.1 Vacant structures and land.................301.3 STACK Windows............................304.18.2 Smoke............................... 304.11 SELF -CLOSING SCREEN DOORS STAIRS Insect screens ......................... 304.14 Common halls and stairways, light .......... 402.2 SEPARATION Exit facilities ........................... 305.4 Fire -resistance ratings ..................... 703 Exterior property areas ................... 302.3 Privacy 404.1 Handrails ........................ 304.12, 305.5 Separation of units .......................404.1 Lighting ............................... 605.3 SERVICE Stairs and porches ..................... 304.10 Electrical...............................604.2 STANDARD Method................................107.3 Referenced ............................ 102.7 Notices and orders ................. 107.1, 108.3 STOP WORK ORDER Service on occupant ......................108.3 Authority .............................. 112.1 SEWER Emergencies ........................... 112.3 General................................506.1 Failure to comply........................ 112.4 Maintenance............................506.2 Issuance.............................. 112.2 SHOWER STORAGE Bathtub or shower ....................... 502.1 Food preparation ........................ 404.7 Garbage storage facilities ................. 308.3 Rooming houses .........................502.2 Rubbish storage facilities ................ 308.2.1 Water -heating facilities ....................505.4 Sanitation ............................. 308.1 Water system ............................ 505 STRUCTURE SIGN Accessory structures ..................... 302.7 Fire door signs ........................ 703.4.1 Closing of vacant structures ............... 108.2 Signs, marquees and awnings ..............304.9 Definition................................ 202 Unauthorized tampering ...................107.4 Emergency measures...................... 109 SINGLE-FAMILY DWELLING General, condemnation ..................... 110 Extermination ............................ 309 General, exterior........................ 304.1 SINK General, interior structure ................. 305.1 Kitchen sink............................502.1 Placarding of structure ................... 108.4 Sewage system ..........................506 Scope................................ 301.1 Water supply............................505.3 Structural members................. 304.4, 305.2 SIZE Vacant structures and land ................ 301.3 Efficiency unit...........................404.6 SUPPLY Habitable room, light ....................... 402 Combustion air ......................... 603.5 Habitable room, ventilation .................. 403 Public water system ..................... 505.1 Room area ........................... 404.4.1 Water -heating facilities ................... 505.4 SMOKE ALARMS Water supply ........................... 505.3 Group R-1...........................704.6.1.1 Water system ............................ 505 Groups R-2, R-3, R-4 and 1-1 ............704.6.1.2 SURFACE Installation near bathrooms .............704.6.1.4 Exterior surfaces................... 304.2, 304.6 Installation near cooking appliances ....... 704.6.1.3 Interior surfaces ........................ 305.3 Interconnection .......................704.6.2 SWIMMING Power source ......................... 704.6.3 Enclosure ............................. 303.2 Testing................................704.7 Safety covers .......................... 303.2 Where required ........................ 704.6.1 Swimming pools ........................ 303.1 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 45 1 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hatos@annate -g-L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100879786 fl TEMPERATURE Nonresidential structures .................. 602.4 Residential buildings ..................... 602.2 Water -heating facilities ................... 505.4 TENANT Scope.................................101.2 TEST, TESTING Agency .............................. 105.3.1 Methods ............................. 105.3.1 Reports ............................. 105.3.2 Required..............................105.3 TOXIC Process ventilation ....................... 403.4 TRASH Rubbish and garbage ..................... 308 U UNOBSTRUCTED Access to public way ..................... 702.1 General, egress ......................... 702.1 UNSAFE STRUCTURES AND EQUIPMENT Abatement methods ...................... 108.6 Dangerous structure or premises ......... 108.1.5 Equipment ........................... 108.1.2 Existing remedies ....................... 102.4 General, condemnation ................ 108,110 General, demolition ....................... 110 Notices and orders ................... 107, 108.3 Record................................108.7 Structures ........................... 108.1.1 USE Application of other codes ................. 102.3 General, demolition ....................... 110 UTILITIES Authority to disconnect ................. 108.2.1 VACANT Abatement methods ...................... 108.6 Authority to disconnect service utilities ..... 108.2.1 Closing of vacant structures ............... 108.2 Emergency measure ...................... 109 Method of service ................. 107.3, 108.3 Notice to owner or to person responsible ................. 107, 108.3 Placarding of structure .................... 108.4 Record................................108.7 Vacant structures and land ................ 301.3 VAPOR Exhaust vents .......................... 302.6 VEHICLES Inoperative.............................302.8 Painting...............................302.8 VENT Plumbing hazard ........................ 504.3 Exhaust vents...........................302.6 Flue..................................603.2 VENTILATION Clothes dryer exhaust .................... 403.5 Combustion air ..........................603.5 Definition ............................... 202 General, ventilation ....................... 403 Habitable rooms ......................... 403.1 Process ventilation ....................... 403.4 Recirculation ..................... 403.2, 403.4 Toilet rooms ............................ 403.2 VERMIN Condemnation ........................... 108 Insect and rodent control .............. 302.5, 309 VERTICAL SHAFTS Required enclosure ...................... 703.7 VIOLATION Condemnation ........................... 108 Enforcement ............................ 106.2 General ................................ 106 Notice ............................. 107,108.3 Separate offenses .......................106.4 Placarding of structure .................... 108.4 Prosecution............................106.3 Strict liability offense ................. 106.3, 202 Transfer of ownership .................... 107.6 WALK Sidewalks..............................302.3 WALL Accessory structures ..................... 302.7 Exterior surfaces .................. 304.2, 304.6 Exterior walls ........................... 304.6 Foundation walls ........................ 304.5 General, fire -resistance rating .............. 703.1 Interior surfaces ......................... 305.3 Outlets required ......................... 605.2 Temperature measurement ................ 602.5 WASTE Disposal of garbage ...................... 308.3 Disposal of rubbish ....................... 308.2 Garbage storage facilities ............... 308.3.1 WATER Basement hatchways .................... 304.16 Connections............................506.1 46 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (as[a[hatos@annate -g-L (-) Otdet Number F1o0879796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with + ' + ICC. No fiicthe, < p,.du io no further reproductions by any third patty, of distribution authorized. Single use, ouly, copying and netwotkimg ptohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER INDEX 100R]9786 Contamination ..........................505.2 General, sewage ......................... 506 General, storm drainage .................... 507 General, water system ..................... 505 Heating................................505.4 Hotels.................................502.3 Kitchen sink............................502.1 Nonpotable water reuse ............505.5, 505.5.1 Required facilities ......................... 502 Rooming houses .........................502.2 Supply.................................505.3 System.................................505 Toilet rooms ............................. 503 Water -heating facilities ....................505.4 WEATHER, CLIMATE Heating facilities .......................... 602 WEEDS Noxious weeds ..........................302.4 WIDTH Minimum room width .....................404.2 WINDOW Emergency escape .......................702.4 Glazing ............................. 304.13.1 Guards for basement windows .............304.17 Habitable rooms .........................402.1 Insect screens .........................304.14 Interior surface ..........................305.3 Light...................................402 Openable windows .................... 304.13.2 Toilet rooms............................403.2 Ventilation ............................... 403 Weather tight..........................304.13 Window and door frames .................304.13 WORKMANSHIP General................................102.5 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 47 Copyright �) 2017 ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathams (astathatos@annate —g—L (-) Otdet Number F1oos'79796 on May os, zozo 08:14 AM (PDT) pursuant m License Agreement with 1 ICC. No fiicthe, < p,.d.ctio no further reproductions by any third pa,ty, oc distribution authorized. Single use, ouly, copying and net kimg p,ohlblted. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER 100879786 48 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE' Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 EDITORIAL CHANGES — SECOND PRINTING Page 9, [BG] DWELLING UNIT: title now reads ... [A] DWELLING UNIT. Page 10, HISTORIC BUILDING: title now reads ... [Al HISTORIC BUILDING. Page 10, PERSON: title now reads ... [A] PERSON. Page 10, [BG] SLEEPING UNT: title now reads ... [A] SLEEPING UNT. For the complete errata history of this code, please visit: https://www.iccsafe.org/errata-central/ 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 49 ' I I Copyright O 2ot 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with 1 ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 50 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE° Copyright® 2017ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (attahhatos@annatexas.gov), (-) Order Number 4100879786 on May 06, 2020 08: r4 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 BENEFITS THAT WORK FOR YOU No matter where you are in your building career, put the benefits of ICC Membership to work for you! 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Accessed by Ashley Stathatos (astathatos@annatexaagov), (-) Order Number u100879786 on May 06, 2020 08: to AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 ICC Plan Review Services... 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No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 Looking for the missing piece? Solve the puzzle and a advance your career with ICC University ICC University has been built from the ground up with you in mind. Take advantage of tools to help you better trac and manage your career growth and professior development, including automatic CEU trackir simplified search options to find code training future and manage your professional developrT easy -to -use location. 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ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 100879786 Valuable Guides to Changes in the 2018 I -Codes NEW! FI11I COI OR[ HIINORFOS OF PHOTOS ANTI 111 IISTRATIONS! SIGNIFICANT CHANGES TO THE 2018 INTERNATIONAL CODES° Practical resources that offer a comprehensive analysis of the critical changes made between the 2015 and 2018 editions of the codes. Authored by ICC code experts, these useful tools are "must -have" guides to the many important changes in the 2018 International Codes. Key changes are identified then followed by in-depth, expert discussion of how the change affects real world application. A full -color photo, table or illustration is included for each change to further clarify application. SIGNIFICANT CHANGES TO THE IBC, 2018 EDITION #7024518 SIGNIFICANT CHANGES TO THE IRC, 2018 EDITION #7101518 SIGNIFICANT CHANGES TO THE IFC, 2018 EDITION #7404518 SIGNIFICANT CHANGES TO THE IPC/IMC/IFGC, 2018 EDITION #7202518 ORDER YOUR HELPFUL GUIDES TODAY! 1-800-786-4452 1 www.iccsafe.org/books 'A ,. Copyright O z 7ICC. ALL RIGHTS RESERVED. Accessed by Ashley Stathatos (astathatos@annate —gov), (-) Order Number #100879786 on May O6, 2020 08:14 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.