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HomeMy WebLinkAbout2020-07-14 Regular Meeting PacketAGENDA City Council Meeting Tuesday, July 14, 2020 @ 6:30 PM Anna Fire Station, Meeting Room 305 S. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on July 14, 2020, at the Anna Fire  Station Meeting Room, Located at 305 South Powell Parkway (Hwy 5), to consider the  following items. Welcome to the City Council meeting. Please sign the Sign­In­Sheet as a record of  attendance. If you wish to speak on an open­session 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. Neighbor Comments.   At this time, any person may address the City Council regarding an item on this  meeting agenda that is not scheduled for public hearing. Also, at this time any person  may address the 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. a. 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/Council­Speaker­ Sign­In­Sheet?bidId= 4. Closed Session (Exceptions).  Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed  Session To Discuss Any Items Listed Or Referenced On This Agenda Under The  Following Exceptions: Page 1 of 385 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). Operational and Meeting Procedures.  b. Discuss or deliberate the purchase, exchange, lease, or value of real property  (Tex. Gov’t Code §551.072).  c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or  deliberate regarding commercial or financial information that the City has  received from a business prospect that the City seeks to have locate, stay, or  expand in or near the territory of the City of Anna and with which the City is  conducting economic development negotiations; or (2) To deliberate the offer  of a financial or other incentive to a business prospect described by  subdivision (1). (Tex. Gov’t Code §551.087).  d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).  City  Attorney Annual Review   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. 5. 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).  6. Work Session.  a. Staff update on Truck Routes for the City of Anna, Texas. (Director of Public  Works Greg Peters) b. Discussion of the utility billing late fees and disconnect fees. (Finance Director  Dana Thornhill) 7. Reports.  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. Recognition of neighbors Gordon Haynes, Martin Nolan, and Erik Rodriguez  for their heroic actions on May 1, 2020 (Police Chief Jeff A. Caponera). b. Life Saving Award Presentation for Officer Wesley Davis (Police Chief Jeff A  Caponera) Page 2 of 385 8. Consent Items.   These items consist of non­controversial or "housekeeping" items required by law.  Items may be considered individually by any Council member making such request  prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for June 23, 2020. (City Secretary  Carrie L. Land) b. Review P&Z Meeting Minutes from June 1, 2020 (Director of Development  Services Ross Altobelli) c. Review CDC/EDC Joint Meeting Minutes from the June 3, 2020 Meeting  (Economic Development Director Joey Grisham) d. Review CDC/EDC Joint Meeting Minutes from the June 3, 2020 Meeting  (Economic Development Director Joey Grisham) e. Approve a Resolution setting a public hearing under Section 372.009 of the  Texas Local Government Code on the advisability of the creation of a public  improvement district and improvements within the extraterritorial jurisdiction of  the City of Anna, Texas for the Sherley Tract and authorizing the issuance of  notice by the City Secretary of Anna, Texas regarding the public hearing. (City  Attorney Clark McCoy) f. Approve DSI Change Control Authorization change order for SmartGov  implementation project for online permitting and reporting (Neighborhood  Services Director Marc Marchand). g. Approve a Resolution entering into Chapter 380 Agreements for Phase II of  the small business assistance program to provide immediate, short­term  financial aid to qualified small businesses in the City of Anna. (Economic  Development Director Joey Grisham)  h. Approve a Resolution approving the Development Plat for G2 Motorsports  Park Addition, Block A, Lot 1. (Director of Development Services Ross  Altobelli) i. Approve a Resolution approving the Final Plat for Mangum Addition, Block A,  Lots 1 & 2. (Director of Development Services Ross Altobelli) j. Approve a Resolution approving the Amending Plat for Pecan Grove, Phase  II. (Director of Development Services Ross Altobelli) k. Approved a Resolution approving the Development Plat for The KCM  Addition, Block A, Lot 1. (Director of Development Services Ross Altobelli) l. Approve a Resolution approving the use of alternative screening material for  rooftop mechanical and heating and air conditioning equipment for Victoria  Falls Center Addition, Block A, Lot 1. (Director of Development Services Ross  Altobelli) m. Approve a Resolution establishing the City of Anna Diversity and Inclusion  Advisory Board (Assistant City Manager Ryan Henderson) n. Approve a Resolution amending the Sherley Tract Subdivision Improvement  Agreement by amending the minimum lot area requirement for SF­60 lots  from five thousand (5,000) square feet to six thousand (6,000) square feet.  (Director of Development Services Ross Altobelli) 9. Items For Individual Consideration.  Page 3 of 385 a. Consider/Discuss/Action on a Resolution authorizing the Mayor to issue a  Letter of Support to State Senator Pat Fallon, State Representative Justin  Holland, and State Representative Scott Sanford to implement sign changes  on US 75 for US 75 Exit 48A Farm to Market Road 455, to change sign street  name from "Anna ­ Weston Road" to "White Street." (Director of Public Works  Greg Peters) b. Consider/Discuss/Action on a Resolution authorizing the City Manager to  execute a contract with CARDS Dallas for solid waste and recycling services  for the City of Anna, Texas. (Director of Public Works Greg Peters) c. Consider/Discuss/Action on a Resolution approving an Impact Fee  Reimbursement Agreement by and between the City of Anna, Texas and  Anna Town Center Mixed Use, LLC for public water main construction in the  Anna Crossing Villas Subdivision. (Director of Public Works Greg Peters) d. Consider/Discuss/Approve a resolution directing calculation of the voter­ approval tax rate in the manner of a special taxing unit under the disaster  provisions of TEXAS TAX CODE §26.04. (City Manager Jim Proce)  e. Conduct a public hearing and consider/discuss/act on an Ordinance adopting  water and sanitary sewer rates for the City of Anna, Texas, including  establishment of new water and sanitary sewer rates to be implemented on  October 1, 2020. (Director of Public Works Greg Peters) 10. Adjourn. 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 July 10, 2020.        Carrie L. Land, City Secretary Page 4 of 385 December 20, 2019 Council Speaker Sign-In Sheet CITY OF ANNA SPEAKER SIGN-IN FORM WELCOME TO THE ANNA CITY COUNCIL MEETING! • Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting. Groups wishing to address the same issue are encouraged to select a spokesperson. • The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please approach the speaker’s stand, state your name and address for the record, and discuss the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer. Please be courteous and refrain from language or behavior that is disorderly or disruptive to the conduct of City business. • Although the City Council cannot take specific action on Neighbors Comments on items not on the Regular Agenda due to legal requirements, the City Council may: 1. Have the item placed on a future agenda for action; 2. Refer the item to the full City Council or a subcommittee for further study; 3. Refer the item to staff for study or conclusion. We appreciate your interest in the community and hope you will visit again soon. **************************************************Please Print******************************************************** Name:___________________________________________________ Date: __________________ Optional, for purpose of the City contacting speaker Address: ______________________________________ City/State/Zip:_______________________ Email: ________________________________________ Phone:_____________________________ ____NEIGHBORS COMMENTS: This item is available for neighbors to speak on any subject including items on the agenda that are not Public Hearing items. This item is also available for neighbors to speak on any subject including items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics the speaker may choose to discuss. PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE “NEIGHBORS COMMENT” ITEM: _________________________________________________________________________________ _________________________________________________________________________________ ______ PUBLIC HEARING Agenda Item #______ _____ I wish to speak IN FAVOR of this item. _____ I wish to speak IN OPPOSITION to this item. _____ I do not wish to speak. Please record my ______ SUPPORT ______ OPPOSITION. Additional Comments: ________________________________________________________________________________ For Official Use: Route To: _______________________________________ Response By:________________________ City Manager or Designee_________________ Page 5 of 385 Item No. 5. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: 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. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 6/19/2020 Page 6 of 385 Item No. 6. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Work Session. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 7/10/2020 Page 7 of 385 Item No. 6.a. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Greg Peters AGENDA ITEM: Staff update on Truck Routes for the City of Anna, Texas. (Director of Public Works Greg Peters) SUMMARY: Staff has been reviewing policy options pertaining to the creation of truck routes in the City of Anna. This item is an update on staff's findings thus far and discussion items for consideration on how the City might move forward on developing formal truck routes for the City. No action is required. The following attachments are included: - Mutual Boundary Road Map - TxDOT Road Map - Current City of Anna Master Thoroughfare Plan Staff has discussed truck traffic with Collin County staff and TxDOT. Both the County and TxDOT have confirmed that they do not regulate truck use of their roads, unless there is a specific bridge structure which has a maximum load requirement for safety. In this case, a maximum gross vehicle weight may be placed on the road by Collin County or TxDOT for safety purposes. However, this load limitation applies only to the weight of the vehicle and not the vehicle type. Based on this information staff does not see a clear path forward in placing truck restrictions on any mutual boundary roads or TxDOT roads. In the future, if these roads become City-controlled, then they would be subject to the policies and regulations placed upon them by the City. Despite the limitations outlined above, there are still many portions of the City which could benefit from a formal truck route policy, including many residential neighborhoods. Staff will present some options for Council discussion and feedback, and move forward with the direction received. FINANCIAL IMPACT: None. Page 8 of 385 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Strategic Plan Goal 3: Anna - A Great Place to Live. STAFF RECOMMENDATION: None at this time. Staff will provide an update and seek feedback from the City Council. ATTACHMENTS: 1.Mutual Boundary Road Map 2.TxDOT Road Map 3.City of Anna Master Thoroughfare Plan APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 7/7/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 9 of 385 FM 545FM 2862E FM 455US HIGHWAY 75W WHITE STW FM 455COUNTY ROAD 424 COUNTY ROAD 429 COUNTY ROAD 577CENTRAL EXPYMILRANY LNE MELISSA RD FM 3133N POWEL L PKWYSAM RAYBURN MEMORIAL HWYE OUTER LOOP RD SAM RAYBURN HWYCOUNTY ROAD 277S POWELL PKWYCOUNTY ROAD 286HIGHLAND RDS CENTRAL EXPYN CENTRAL EXPYFM 1827COUNTY ROAD 475LIBERTY WAYCOUNTY ROAD 419COUNTY ROAD 427 N STATE HIGHWAY 121COUNTY ROAD 505COUNTY ROAD 504 OLY MPIC X ING COUNTY ROAD 472COUNTY ROAD 368COUNTY ROAD 513 COUNTY ROAD 371 W OUTER LOOP RD MCKINNEY STGRAYBILL RD TAYLOR BLVD TRINITY FALLS PKWYCOUNTY ROAD 364 COUNTY ROAD 512 COUNTY ROAD 476 COUNTY ROAD 1106 SHARP ST COUNTY ROAD 376 COUNTY ROAD 285COUNTY ROAD 474SHEFFIELD DRE FOSTER CROSSING RD N STATE HIGHWAY 5FA N N I N R D HACKBERRY DR N RIGGINS STE COUNTY ROAD 370 THROCKMORTON RD W FOSTER CROSSING RD COUNTY ROAD 511COUNTY ROAD 373 CARDINAL DRE FINLEY BLVDCOUNTY ROAD 480COUNTY ROAD 500COUNTY ROAD 423CENTRAL STCOUNTY ROAD 479COUNTY ROAD 832S RIGGINS STCOUNTY ROAD 478COUNTY RO AD 584COUNTY ROAD 1220 BRAZOS STPARK LNCOUNTY ROAD 508COUNTY ROAD 426FAR WAYSEQ UO IA LN WESTOVER LNSTERLING DR S CHURCH ST C O U N T Y R O A D 2 2 2 W ROSAMOND PKWY CAPITOL PL E WHITE ST CEDAR L NCOUNTY ROAD 288W HOUSTON ST N CHURCH STCOUNTY ROAD 1067G L E N W O O D L N C O L L IN S T ACACIA DR H A B I TAT T R L ELM GROVEASHLEY LNCOUNTY ROAD 937HILLTOP DRD AIR Y L N WASHINGTON DRFAIRWAY LN PARKLAND CRESS FERGUSON PKWYASH AVE C U R T S T M AV E RICK S T COUNTY ROAD 506 COUNTY ROAD 575P A R K A V E HOLLY ST FERN ST WILDWOOD TRLPARK ST ELAM DR WHITE ROCK TRLINDIAN CREEKCOUNTY ROAD 289COUNTY ROAD 477BURL LN COUNTY ROAD 282 MILL ST CHATSWORTH DR M ILL RDLEONARD AVESU N SET LN KENDALL RDH A V E N D R SPRING RUN LNSHERLEY LNRED FOX RDKEITH LNBENS DRLAZY LNS K Y V I E W D R HOBBS LN ACACIA LN W I L LO W L NN JAMES STDANNO LN GARRETT RIDGEHURST RD ELIZABETH ST E FIFTH ST JERSEY RDALDER DR CLAY LN E MELISSA RDUS HIGHWAY 75E FM 455 FM 2862N CENTRAL EXPYCENTRAL EXPYS CENTRAL EXPYCOUNTY ROAD 282 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user communityPublished March 2020 By: A. Vanderslice 0 1 20.5 Miles L:\City Admin\Administration\Maurice\GIS\Maps\Boundary Street Map.mxd ¯ DISCLAIMER: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. City Limits ETJ Roads CityMaintenance CountyMaintenance Page 10 of 385 TxDOT Roads (Trucks Allowed) Legend TxDOT Road Page 11 of 385 Page 12 of 385 Item No. 6.b. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Dana Thornhill AGENDA ITEM: Discussion of the utility billing late fees and disconnect fees. (Finance Director Dana Thornhill) SUMMARY: Due to the recent disaster declaration and city offices being closed, the City made the decision to suspend late fees and disconnects of service for non-payment. Staff would like to discuss with Council at what point the City moves forward with reestablishing late fees and sending late notices, as well as disconnection of service for non-payment. Neighbors can currently pay online, through the drop box, and at the kiosk located outside of the building. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: No action to be taken. Discussion only. ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 13 of 385 Item No. 7.a. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Jeff Caponera AGENDA ITEM: Recognition of neighbors Gordon Haynes, Martin Nolan, and Erik Rodriguez for their heroic actions on May 1, 2020 (Police Chief Jeff A. Caponera). SUMMARY: On Friday, 5/1/20, at approximately 10:03AM, Officer Timothy Thomas conducted a traffic stop on a vehicle for numerous traffic violations. The driver of the vehicle had previously eluded Collin County deputies. Once he had the vehicle stopped and began approaching the vehicle, the driver immediately exited the car. The suspect showed signs of impairment and was be verbally non-compliant. After refusing to provide his information, Officer Thomas attempted to detain the suspect, a struggle ensued. The suspect grabbed on to Officer Thomas and they began wrestling. The suspect fell back into his truck and began kicking at Officer Thomas, striking him in the leg and groin. The suspect then began reaching in the center area of his truck appearing to be possibly searching for a weapon. It was later discovered the suspect was reaching for several large knives he had concealed in the console. As the suspect continued to reach for the weapons in the truck, Officer Thomas ultimately ended up deploying his Taser. The first deployment had little effect on the suspect to which the suspect was able to immediately recover and remove the probes. A second deployment of the Taser was effective at which time Officer Thomas took the suspect to the ground in hopes of detaining him in handcuffs. At the end of the 5 second cycle, the suspect continued to fight with Officer Thomas. At one point during the altercation the suspect grabbed a hold of Officer Thomas' service weapon and began pulling on the gun, in what appears was an attempt to take Officer Thomas' firearm. Three employees at Vitz Metal observed the altercation and are seen running towards Officer Thomas to provide assistance. Vitz Metal employees Gordon Haynes, Martin Nolan, and Erik Rodriguez were the heroic neighbors who stepped in to help an officer in need. With the assistance of these men, Officer Thomas was able to place the suspect in custody. FINANCIAL IMPACT: Page 14 of 385 None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Anna – Great Place to Live STAFF RECOMMENDATION: N/A ATTACHMENTS: 1.Certificate of Appreciation Haynes 2.Certificate of Appreciation Nolan 3.Certificate of Appreciation Rodriguez APPROVALS: Jeff Caponera, Police Chief Created/Initiated - 6/19/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 15 of 385 ANNA POLICE DEPARTMENT Page 16 of 385 ANNA POLICE DEPARTMENT Page 17 of 385 ANNA POLICE DEPARTMENT Page 18 of 385 Item No. 7.b. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Jeff Caponera AGENDA ITEM: Life Saving Award Presentation for Officer Wesley Davis (Police Chief Jeff A Caponera) SUMMARY: On Friday, November 22, 2019 at 11 :11 pm, Trooper James Shoemaker was monitoring the flow of traffic along US 75 in the city of Anna. Trooper Shoemaker observed a vehicle traveling northbound on US 75 at a high rate of speed. The vehicle then veered and nearly struck Trooper Shoemaker’s patrol unit. The vehicle left the roadway and struck a bridge pillar head on. Trooper Shoemaker immediately radioed for the fire department and emergency medical services. Trooper Shoemaker ran to the vehicle and discovered two unconscious adults (a male driver in the front seat, and a female passenger in the rear seat) and an unconscious infant in the rear seat. The infant was in a child safety seat but was unsecured and face down in the child safety seat. Officer Wesley Davis responded to the call as did Game Wardens Trent Marker and Cane Shumaker. Upon arriving, Officer Davis used his fire extinguisher an attempt to control the fire. As the fire was beginning to breach the firewall nearest the driver, Officer Davis, Warden Trent Marker, and Warden Cane Shumaker worked together to remove the adult male who was pinned inside the burning vehicle. Through teamwork, they were able to free the driver and drag him to a safe location away from the vehicle. The swift response and actions of these four officers led to a positive outcome and contributed in saving the lives of the three occupants. A failure to decisively act by Officer Davis and the three other officers involved would have led to a tragic outcome. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City Page 19 of 385 STAFF RECOMMENDATION: N/A ATTACHMENTS: 1.Life Saving Award Davis APPROVALS: Jeff Caponera, Police Chief Created/Initiated - 6/29/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 20 of 385 ANNA POLICE DEPARTMENT Page 21 of 385 Item No. 8.a. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for June 23, 2020. (City Secretary Carrie L. Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.CCmin20200623 Draft APPROVALS: Carrie Land, City Secretary Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 22 of 385 Regular City Council Meeting Meeting Minutes Tuesday, June 23, 2020 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna met at 6:30 PM, on June 23, 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. Mayor Pike called the meeting to order at 6:37 PM. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 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). Social Media; Elections; Open Records; Taxes b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions; City Attorney annual review Page 23 of 385 MOTION: Council Member Bryan moved to enter closed session. Council Member Beazley seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:37 PM. Mayor Pike recalled the meeting at 7:34 PM. 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. No action taken. 5. Neighbor Comments. a. The public was permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. John Rico spoke in favor of adult and youth league organized sports. Written comments were read into the record from Kelly Herndon-Patterson and Lynn Bryan regarding proposed trails system. (See Exhibit 5A) 6. Reports. a. Introduction of New Employee - Marc Marchand, Director of Neighborhood Services Marc Marchand has most recently served with the City of Burleson as the Director of Recreation and Lifelong Learning that included the library, parks and recreation, employee development, process improvement, and the City's volunteer program. He also served on the City's emergency management team overseeing emergency sheltering. He is passionate about serving others and is a sought-out speaker on community engagement and serving underserved and at-risk populations. He has worked closely with those in pastoral care, social work, law enforcement, education, and health services to strengthen partnerships and build better support services to help those who help others. He has served on numerous boards, commissions, and community initiatives over the years including The Ballet Frontier of Texas, the Texas State Library and Archives Commission, Rotary, SafeHaven of Tarrant County, the Arlington school district's gang task force, and the Burleson Character Council among other state and local boards and commit tees. He has also served as a volunteer with Big Brothers, Big Sisters. Marc is a Certified Public Manager, holds a bachelor's degree from the University of Page 24 of 385 Texas at Dallas, and a master's degree from the University of North Texas. b. Mayor presented Certificates of Recognition to the organizers of the June 7 protest in Anna. Terry Mitchell Diamone Wilson Saniya Myers Nadikah Simson 7. 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. Item 7f. was removed from Consent. a. Approve Council Meeting Minutes for June 9, 2020. (City Secretary Carrie Land) b. Review Council and Board Attendance. (City Secretary Carrie Land) c. Review CDC/EDC Joint Meeting Minutes from the May 3, 2020 (Economic Development Director Joey Grisham) d. Development Agreement - The Villages of Waters Creek Approve a Resolution entering into a development agreement with Anna 51 Joint Venture and D&J Investment Properties, LLC to establish development and design regulations for further development on 65.0± acres located on the south side of West White Street 1,293± feet west of Oak Hollow Lane. (Director of Development Services Ross Altobelli). The intent of the development agreement is to ensure the use of high quality, durable materials for commercial and residential development within the city and along the W. White Street (FM 455) corridor to create well designed and attractive architecture. Approving the development agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 51 JOINT VENTURE, A TEXAS LIMITED PARTNERSHIP AND D&J INVESTMENT PROPERTIES LLC RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI- USE DEVELOPMENT LOCATED ON THE SOUTH SIDE OF WEST WHITE STREET, 1,293± FEET WEST OF OAK HOLLOW LANE. Page 25 of 385 e. Approve a Resolution approving a Special Event Permit for a Community Clean-Up Day to be held at Slayter Creek Park on Saturday, August 29, 2020 (Neighborhood Services Manager Ashley Stathatos). Kevin Martin, Code Compliance Manager, applied to hold a Community Clean- Up Day at Slayter Creek Park on Saturday, August 29, 2020. Dumpsters will be provided for large, bulky drop-off items. We would like to have household hazardous waste collection, electronic recycling and paper shredding. Other activities include a community trash bash where Anna Neighbors pick up litter in "hot spots" throughout the city. The Parks Advisory Board met on June 15, 2020. They reviewed the special event permit request and are recommending approval. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT FOR A COMMUNITY CLEAN-UP DAY. f. Approve a Resolution authorizing staff to make an application to Collin County to participate in their Project Funding Assistance Program for Parks and Open Space bond funds for trails connecting Slayter Creek Park to 4th Street, Slayter Creek Park to Natural Springs Park, Pecan Grove Park to Taylor and public open space west of Oak Hollow to Taylor. (Neighborhood Services Manager Ashley Stathatos) In 2018, the citizens of Collin County approved a $10 million bond proposition for Parks and Open Space. Collin County is making these funds accessible to cities within the County through 2023. The Project Funding Assistance program allows cities to apply for these funds. As part of the application process, cities must agree to match at a minimum one dollar for every one dollar of County funds requested. The projects proposed below are being brought before you prior to the commencement of the Parks Master Plan being completed to take advantage of the opportunity to participate in the Project Funding Assistance Program for Collin County Parks and Open Space Bond Funds. The total amount of projects under consideration is $715,000 of which the City's cost share would be $357,500 if they are all awarded. Staff thoroughly vetted the projects and believes they will all be on the future Parks and Trail System Master Plan. A large portion of the land is already platted and/or city owned. The remaining land provides the most efficient means of connection between parks. Staff has identified four projects consisting of 8-foot concrete trails for City Council consideration: 1. Slayter Creek Park Trail to 4th Street This trail would extend from the Slayter Creek Park Trail to 4th Street. Neighbors would cross SH 5 at the light. The distance of the trail is approximately .30 miles. An easement from one property owner is required. The benefit of the trail is that it feeds people into downtown Anna and, eventually, to Sherley Heritage Park. The estimated cost of the trail is $78,000 not counting the cost of acquiring the easement. If this project is Page 26 of 385 approved by Collin County, the City's estimated matching share is $39,000. 2. Slayter Creek Park Trail to FM 455 The trail would extend from the Slayter Creek Park Trail to FM 455. The distance of the trail is approximately .40 miles. An easement from one property owner is required. The benefit of the trail is that it is part of the extension between Slayter Creek Park and Natural Springs Park. The estimated cost of the trail is $104,000 not counting the cost of acquiring the easement. If this project is approved by Collin County, the City's estimated matching share is $52,000. Crossing FM 455 is difficult. Neighbors will have to use the sidewalks along FM 455 to get to a light to cross the roadway until a pedestrian bridge or tunnel can be built. This will eventually be necessary since crossing FM 455 is not ideal even at a light. 3. Slayter Creek Park Trail from FM 455 to Natural Springs Park Trail The trail would extend from FM 455 to Natural Springs Park. The distance of the trail is approximately .70 Miles. An easement from two property owners is required. The benefit of the trail is that it is part of the extension between Slayter Creek Park and Natural Springs Park. The estimated cost of this portion of the trail is $182,000 not counting the cost of acquiring the easements. If this project is approved by Collin County, the City's estimated matching share is $91,000. 4. Pecan Grove Park to Taylor Boulevard and the open space west of Oak Hollow to Taylor Boulevard The trail would extend from Pecan Grove Park to Taylor Boulevard and from the open space west of Oak Hollow to Taylor Boulevard. North of Oak Hollow staff is working with a developer on the trail extension to FM 455. The distance of this trail is approximately 1.10 miles from Pecan Grove Park to Taylor Boulevard and .25 miles from the open space west of Oak Hollow to Taylor Boulevard. No easements are needed for this project. The benefit of the trail is that when Taylor Boulevard is expanded, then, a hike and bike trail may be added that will make a connection to Lakeview Park and, eventually, to Natural Springs Park. The estimated cost of the portion of these trails is $351,000. If this project is approved by Collin County, the City's estimated matching share is $175,500. The Parks Advisory Board met on June 15, 2020 and recommends approval of the City submitting the projects listed above to Collin County for participation in their Project Funding Assistance Program. A RESOLUTION OF THE CITY OF ANNA, TEXAS, HEREINAFTER REFERRED TO AS “APPLICANT” DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE “APPLICANT” IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS “COUNTY”, FOR THE PURPOSE OF PARTICIPATING IN THE “COUNTY’S” PROJECT FUNDING AND ASSISTANCE PROGRAM, HEREINAFTER REFERRED TO AS THE “PROGRAM”; CERTIFYING THAT THE “APPLICANT” IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE “APPLICANT” MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITES FOR PUBLIC RECREATIONAL USES. Page 27 of 385 MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 6-0. MOTION: Council Member Beazley moved to approve Consent Items 7. a through e. Council Member Bryan seconded. Motion carried 6-0. 8. Items for Individual Consideration. a. Consider/Discuss/Action on Appointment of EDC/CDC Boards Members. (Interview Committee) The Board consists of seven members appointed by the City Council to serve for two-year staggered terms. The terms for Places 2, 4 and 6 on the Anna Economic Development Corporation Board of Directors are expiring. The members of the Interview Committee are nominating the following: Place 2 - Rocio Gonzalez Place 4 - Bruce Norwood Place 6 - Shane Williams MOTION: Council Member Beazley moved to appoint the Interview Committees nominations. Council Member Bryan seconded. Motion carried 6-0. b. Consider/Discuss/Action on Appointment of Parks Advisory Board Members. (Interview Committee) The Board consists of five members appointed by the City Council to serve for two-year staggered terms. The terms for Places 2, 4, and 6 on the Parks Advisory Board are expiring. The members of the Interview Committee are nominating the following: Place 1 - Cheryl Merritt (1-year term) Place 2 - Michelle Clemens Place 4 - Joe Crowder Place 6 - Eirik Hansen Place 7 - LeQuey Douglas (1-year term) MOTION: Council Member Toten moved to approve Places 2, 4, and 6 as nominated by the Interview Committee. Council Member Bryan seconded. Motion carried 6-0. MOTION: Council Member Vollmer moved to approve Place 1 as nominated by the Interview Committee. Council Member Miller seconded. Motion carried 4- 2. Toten and Pike opposed. MOTION: Council Member Vollmer moved to approve Place 7 as nominated by the Interview Committee. Council Member Toten seconded. Motion carried 6-0. Page 28 of 385 c. Consider/Discuss/Action on Appointments to the Planning and Zoning Commission. (Interview Committee) The Board consists of seven members appointed by the City Council to serve for two-year staggered terms. MOTION: Council Member Beazley moved to approve the Interview Committees recommendations. Council Member Bryan seconded. Motion carried 6-0. The terms for Places 2, 4, and 6 on the Planning and Zoning Commission are expiring. The members of the Interview Committee are nominating the following: Place 2 -Brent Thomas Place 4 - Donald Henke Place 6 - Nick Rubits MOTION: Council Member Beazley moved to approve the Interview Committees recommendations. Council Member Bryan seconded. Motion carried 6-0. d. Consider/Discuss/Action on appointment of Board of Adjustments Members. (Interview Committee) The Board consists of five members appointed by the City Council to serve for two-year staggered terms. The terms for Places 2, 4, and Alt 2 on the Board of Adjustments are expiring. The members of the Interview Committee are nominating the following: Place 2 -Kelly Herndon-Patterson Place 3 - Sandy Setliff (1-year term) Place 4 – Elinor Williams Alt 1 - Greg Williams (1-year term) Alt 2 – Brian Ward MOTION: Council Member Beazley moved to approve the Interview Committees recommendations. Council Member Bryan seconded. Motion carried 6-0. e. Zoning Case - The Villages of Waters Creek (Director of Development Services Ross Altobelli) 1) Conduct a public hearing to consider public comments to rezone 65.0± acres located on the south side of West White Street 1,293± feet west of Oak Hollow Lane from Planned Development-129A-2004 and Planned Development-667- 2014 to one Planned Development and to amend existing planned development Page 29 of 385 standards. Mayor Pike opened the public hearing at 8:14 PM. No comments from the public. Mayor Pike closed the public hearing at 8:15 PM. 2) Consider/Discuss/Action on an Ordinance approving the request to rezone 65.0± acres from Planned Development-129A-2004 and Planned Development- 667-2014 to one Planned Development amending existing planned development standards. (Property rezoned under this ordinance is generally located on the south side of West White Street [F.M. 455], 1,293± feet west of Oak Hollow Lane) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Beazley moved to approve the Ordinance as presented. Council Member Vollmer seconded. Motion carried 6-0. 3) Consider/Discuss/Action on a Resolution approving the Concept Plan, The Villages at Waters Creek, associated with the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VILLAGES AT WATERS CREEK, BLOCK A, LOTS 1 – 2, BLOCK B, LOTS 1 – 4, BLOCK C, LOTS 1-6, BLOCK D, LOTS 1 – 4, BLOCK E, LOTS 1 – 4, BLOCK F, LOTS 1 – 20, 1X, BLOCK G, LOTS 1 – 20, CONCEPT PLAN MOTION: Mayor Pike moved to approve the presented Concept Plan. Council Member Beazley seconded. Motion carried 6-0. f. Text Amendments - Chapter 4 Building Regulations and Chapter 9 Planning & Development Regulations (Director of Development Services Ross Altobelli) 1) Conduct a public hearing to consider public comment on text amendments to Article 4.07 Address Numbers, Article 9.02 Subdivision Regulations, Article 9.03 Design Standards, Article 9.04 Zoning Ordinance, Article 9.06 Landscape Regulations and related sections of Chapter 9 Planning & Development Regulations of the City of Anna Code of Ordinances. Mayor Pike opened the public hearing at 8:56 PM. No comments from the public. Mayor Pike closed the public hearing at 8:57 PM. Page 30 of 385 2) Consider/Discuss/Action on an Ordinance approving text amendments to various Articles within Chapter 4 Building Regulations and Chapter 9 Planning & Development Regulations of the City of Anna Code of Ordinances. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S CODE OF ORDINANCES BY AMENDING CHAPTER 4 (BUILDING REGULATIONS) AND CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATIONS); PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Vollmer moved to approve the Ordinance as presented. Council Member Toten seconded. Motion carried 6-0. g. Consider/Discuss/Action on a Resolution authorizing Council Members to attend the TML Annual Conference and Exhibition. (City Council) After Council discussion it was agreed all Council Members may attend the TML 2020 Conference. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COUNCIL MEMBERS TO ATTEND THE 2020TML ANNUAL CONFERENCE AND EXHIBITION. MOTION: Mayor Pike moved to approve the Resolution as presented. Council Member Beazley seconded. Motion carried 6-0. h. Consider/Discuss/Action on a Resolution adopting a Public Improvement District (PID) Policy. (Economic Development Director Joey Grisham) The City Council identified a Public Improvement District (PID) Policy as a high priority in the city strategic plan. To that end, staff drafted the following policy based on input from a number of people including staff, City Attorney Clark McCoy, and the city's PID consultants. Staff also reviewed similar policies from other cities including Dallas, Fort Worth, Lancaster, Kyle, Marble Falls, Lubbock, Grand Prairie, Corpus Christi, and others. Ultimately, the purpose of this policy is to outline the issues and procedures to be addressed before the City Council can support the creation of a PID. With the number of new PID applications and interest, it is a good time to develop such a policy. As you are aware, public improvement districts are economic development tools that permit the financing of qualified public improvements within the city or ETJ, authorized by Chapter 372 of the Texas Local Government Code. Bonds are typically issued and approved by the City Council and paid back through assessments on lots (only in the PID defined area). Bonds are not a direct general obligation of the city; they are solely secured by pledged PID Page 31 of 385 assessment revenues. Some of the highlights of the policy include:  Includes a PID fee of $3,400 per single-family lot  Sets required fees  Establishes the application process and criteria for pursuing a PID  Outlines PID bond issuance requirements and finance limitations  Priority is given to those projects that exceed the city's development standards  Sets development standard expectations  Requires homeowner disclosure A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS ADOPTING A PUBLIC IMPROVEMENT DISTRICT POLICY MOTION: Council Member Bryan moved to approve the Resolution as presented. Council Member Miller seconded. Motion carried 6-0. i. Consider/Discuss/Action on a Resolution Approving a Contract and Authorizing Execution of Purchase of an EMS Rescue Vehicle. (Fire Chief Ray Isom) The Covid-19 pandemic response revealed vulnerabilities to provide continuous emergency medical response and transport services to our neighbors in the event of a partial or total failure of the private EMS industry. After determination that the CARES Act Funding allows for the purchases of medical transport vehicles related to Covid-19, the Anna Fire Department believes that the purchase of an ambulance is an appropriate expenditure of CARES Act Funding. Furthermore, the purchase of the ambulance would allow the City to transition to a position of less reliability upon AMR for ambulatory services. The City has received a written quote attached as Exhibit A (to the resolution) from Frazer Bilt/Mac Haik Dodge to purchase the Class 1 ambulance for the purchase price of $261,694. The item before the Council allows the City Manager to negotiate and enter into a contract for the purchase of the ambulance, upon legal review, and for the City to proceed forward in acquiring the EMS rescue vehicle. Outfitting the apparatus will be addressed through separate action under the same funding source. Time is of the essence in the execution of this as many agencies are considering similar strategies and delivery must occur this calendar year prior to the end of the grant period (12/30/20). There is a fiscal impact of $261,694 that will be paid for from CARES Act Funding received by the City. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND AUTHORIZING EXECUTION OF SAME FOR THE PURCHASE OF AN EMS RESCUE VEHICLE (AMBULANCE) FROM FRAZER BILT/MAC HAIK Page 32 of 385 DODGE. MOTION: Mayor Pike moved to approve the Resolution as presented. Council Member Bryan seconded. Motion carried 6-0. j. Consider/Discuss/Action on a Resolution to Approve a Special Event Permit for the Christmas event to be held at Sherley Heritage Park on Saturday, November 21, 2020 (Neighborhood Services Manager Ashley Stathatos). Jennifer Watson, Neighborhood Services Coordinator, has submitted a special event permit application for the City's Christmas event to be held on November 21, 2020 at Sherley Heritage Park. The activities proposed for this event include the celebratory Christmas tree lighting ceremony, visit by Santa Claus, community carolers, Christmas band, Christmas market, arts & crafts, blow-up slides, smore's, hot chocolate, food trucks and a beer & wine garden. If enough sponsorship money is received, staff would like to get a trackless train and either an ice skating rink or snow hill. Staff proposes to extend the event along 4th street this year. The total expense for the event is estimated at $30,000. Staff will be soliciting sponsorship money to offset costs as well as vending fees. Expenses include, Christmas tree lights, lights for the train, lights on the trees by the fence, tree decor, decor for 4th street, banners, signage, advertising, electricity and lights, large tents, portable toilets, Santa, band, arts & crafts supplies, blow-up slides, smore's, cocoa, and more activities depending on funding availability. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT FOR ANNA’S CHRISTMAS EVENT. MOTION: Mayor Pike moved to approve the Resolution subject to changing the date of the event to December 5th or December 12th. Council Member Bryan seconded. Motion carried 6-0. 9. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, The City Council May Enter into Closed Session to Discuss Any Items Listed or Referenced on This Agenda Under the Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Social Media; Elections: Open Records: Taxes b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has Page 33 of 385 received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions; City Attorney annual review MOTION: Council Member Bryan moved to enter closed session. Council Member Vollmer seconded. Motion carried 6-0 Mayor Pike recessed the meeting at 9:42 PM. Mayor Pike reconvened the meeting at 10:24 PM. 10. Consider/Discuss/Action on any items listed on any agenda; work session, regular meeting, or closed session that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action was taken. 11. Adjourn. Mayor Pike adjourned the meeting at 10:25 PM. Approved on July 14, 2020. _______________________________ Mayor Nate Pike ATTEST: ____________________________ City Secretary Carrie L. Land Page 34 of 385 Item No. 8.b. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Review P&Z Meeting Minutes from June 1, 2020 (Director of Development Services Ross Altobelli) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.06-01-2020 PZ Minutes Signed APPROVALS: Lauren Mecke, Planner II Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 35 of 385 Page 1 of 5 MINUTES PLANNING AND ZONING COMMISSION June 1, 2020 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on June 1, 2020, at 111 N. Powell Parkway, Anna City Hall, to consider the following items. 1. Call to Order and Establishment of Quorum The meeting was called to order at 7:06 p.m. Members present were Wayne Barton, Alonzo Tutson, Danny Ussery, and Donald Henke, with Daniel Moody and Don Callaham absent. Staff present were Ross Altobelli, Lauren Mecke, Olivia Demings, Kevin Johnson with Clark McCoy present via speakerphone. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission 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. There were no citizen comments. Chairman Tutson thanked Former Commissioner Leslie Voss for her service to the City of Anna. Chairman Tutson made a brief statement about the murder of George Floyd. Stating that all citizens were currently experiencing fear of the unknown, a fear that men, women, and children who look like himself experience every day. H e concluded with an excerpt of the United States Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal”. 7. A) Resume the public hearing to consider public comments to rezone 65.0± acres located on the south side of West White Street, 1,293± feet west of Oak Hollow Lane from Planned Development - 129A-2004 and Planned Development-667-2014 to one Planned Development and to amend existing planned development standards. Applicant: David Kalohefer, Peloton Land Solutions & Don Collins The public hearing opened at 7:14 p.m. Mr. Altobelli stated that the item was tabled at the previous meeting due to concerns over land uses in the proposed C2 district. The applicant was asked to review land uses and has made restrictions. The facts of the zoning case have not changed, but land uses have after applicant consideration. Staff recommends approval. David Kalohefer, 1100 Frisco St. Frisco, TX, applicant for the project, added that restrictions were made to the approved uses based on Commissioner Barton’s previous concerns, nothing else had changed except for the uses. Page 36 of 385 Page 2 of 5 Ms. Mecke made note of the one additional opposing comment, read into the record by Chairman Tutson. Nanelle Serio, 1116 Cottonwood Trail, Anna, TX, urged Commissioners to preserve the tree line behind her home, expressing concerns over privacy, drainage, noise, and lighting. She thanked the Commission for tabling the zoning at the previous meeting in order to discuss the regulations further. She asked for the Commission and Developer to consider that many people are moving to Anna for its hometown feel and that this needed to be uncompromised. The public hearing closed at 7:15 pm. B) Consider/Discuss/Action on a recommendation regarding the request to rezone 65.0± acres from Planned Development-129A-2004 and Planned Development-667-2014 to one Planned Development and amending existing planned development standards. Mr. Kalohefer clarified that they wanted to remove Indoor Theaters and Feed and Farm Stores from allowed uses and add Veterinarian with Inside Kennels by SUP. Commissioner Barton added that he appreciated the applicant seriously considering the comments from the previous meeting and was pleased with the proposed list of prohibited uses. The residents of Oak Hollow refer to being promised green space, although unfortunately this was not the zoning in place during this time they bought their houses, around 2003. They thought that what was there when they bought the house we be there forever, but that is not the case. Now we have a well thought out land plan that is a significant improvement. All my concerns have been addressed. Chairman Tutson thanked Commissioner Barton, the applicant, and staff for working together to make a good plan. Commissioner Ussery stated that he went out and talked to Oak Hollow residents who said if they could keep some of the trees behind their homes, a 50 – 100 ft buffer, they would be appeased. Mr. Altobelli responded that the City does not allow for clear cutting . A tree survey will need to be completed and trees that need to be replaced will be. Trees can be cut for grading and drainage. Mr. Don Collins, applicant, also spoke with two Oak Hollow residents who mention the 50 ft tree line. Keeping these trees, however, would not be feasible with engineering requirements. Two trees would be planted per lot, with one in the front per city requirement. Mr. Collins intends to put trees requirements in the deed restrictions. Mr. Kalohefer said trees adjacent to the property line are not strong trees. Some could be kept, but engineering will ultimately dictate this decision. Commissioner Ussery commented that people do not want to see open space without trees. Mr. Collins replied that they do not have that anyways. That’s what we would intend builders to do, provide quality trees. We would be setting the standards for builders. Chairman Tutson stated that Mayor and Council did address the tree ordinance recently and everyone will be pleased with the quality of trees. He thanked Commissioner Ussery and Mr. Collins for reaching out to residents. Adding, that staff will make sure no trees are cut down prior to proper procedures. Page 37 of 385 Page 3 of 5 Mr. Altobelli asked if Mr. Collins and Mr. Kalohefer were willing to add a stipulation to the PD of adding three trees per lot. Mr. Kalohefer asked what if homeowners wanted to take out the trees to build a pool. Mr. Altobelli replied that yes, homeowners can get a permit to do this. Mr. Kalohefer added that there was currently a planned 10 ft landscape buffer between commercial and residential development but agreed with staff to increase buffer to 20ft. A motion was made by Commissioner Barton with the clarification that Feed and Farm Store, Food Grocery Store, and Indoor Theater uses are prohibited, seconded by Commissioner Henke to recommend approval of the rezone. The vote was unanimous. C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, The Villages at Waters Creek, Block A, Lots 1-2, Block B, Lots 1-4, Block C, Lots 1-6, 1X, Block D, Lots 1-40, Block E, Lots 1-4, 1X, Block F, Lots 1-20, 1X, Block G, Lots 1-20, associated with the rezoning request. Mr. Altobelli stated that the concept plan meets stipulations and shows the land scape buffer. Mr. Kalohefer clarified that they could approve the concept plan as shown and update the buffer from 10 ft to 20 ft after approval. Commissioner Barton confirmed they were speaking about the landscape buffer on Tract A. A motion was made by Commissioner Barton with the exception that the landscape buffer on the east side of Tract A, where C1 zoning will abut Oak Hollow, will be increased to 20 ft, seconded by Commissioner Henke to recommend approval of the concept plan. The vote was unanimous. 4. Consider/Discuss/Action on a recommendation regarding the Walker Estate, Block A, Lot 1, Development Plat. Applicant: Gary & Brenda Walker Mr. Altobelli gave a brief presentation and answered questions from the Commission. Single Family Dwelling located in the ETJ recommended for approval as submitted. Commissioner Henke asked for clarification of the meaning of Zone X on the plat. Commissioner Barton answered that Zone X is overflow of the flood plain, the applicants can build there. A motion was made by Commissioner Barton, seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Action on a recommendation regarding the EF Trinity River Addition, Block A, Lot 1, Final Plat. Applicant: David McCaskill Mr. Altobelli gave a brief presentation and answered questions from the Commission. The property is located in the ETJ and is proposing to consolidate three lots into one. It is recommended for approval with the conditions of providing OSSF notes from Collin County and proof of access to utilities. Page 38 of 385 Page 4 of 5 Commissioner Barton asked why the applicant submitted a final plant, as opposed to a development plat. Mr. Altobelli responded that the purpose of this plat was the purchase of the land as one lot. A motion was made by Commissioner Henke seconded by Commissioner Ussery to recommend approval of the final plat with the conditions of providing Collin County OSSF notes and proof of access to utilities. The vote was unanimous. 6. Consider/Discuss/Action on a recommendation regarding the Anna Ranch, Phase 1, Final Plat. Applicant: Jamie Marcoux, LJA Surveying Mr. Altobelli gave a brief presentation and answered questions from the Commission. 257 SF-60 residential lots. Civils have been reviewed and approved. The next step is to approv e the final plat before construction begins on public improvements. Commissioner Barton confirmed with Mr. Altobelli that the plan matched the preliminary plat. A motion was made by Commissioner Barton, seconded by Commissioner Tutson to recommend approval of the final plat. The vote was unanimous. 8. A) Conduct a public hearing regarding text amendments to Chapter 9 Planning & Development Regulations of the City of Anna Code of Ordinances. The public hearing opened at 8:01 p.m. There were no public comments. Mr. Altobelli gave a brief presentation and answered questions from the Commission. During the last few months, staff has looked at regulations in order to modernize, simplify, and make cost effective. Staff provided changes to the Commissioners a week in advance in order to have time to provide any comments. Number 17 on the proposed changes list, is asking for commission direction on side yard setbacks. Commissioner Henke agreed that 10% of the lot made sense. Commissioner Barton agreed, as well, that this made sense and was consistent with development standards in North Texas. We are allowing 5 ft side yards anyways. Commissioner Ussery recalled that 15ft side yards were discussed in the Neighborhood Design Standards. Mr. Altobelli responded that no builders were d oing 10 ft or 15 ft side yards. The city would have to keep doing PD’s for each subdivision, unless 5 ft side yards were adopted into the code. Commissioner Barton stated that 10% of the lot with a minimum of 5ft would allow for a building separation of 10 ft and most yards would end up with a little bit bigger. Mr. Altobelli continued, stating that the department is allowing for sustainably conforming site plans to be able to be approved in house for minor changes and will change designee to the Directors of Development Services in order to give the proper authority to whoever needs it and allow staff to Page 39 of 385 Page 40 of 385 Item No. 8.c. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Review CDC/EDC Joint Meeting Minutes from the June 3, 2020 Meeting (Economic Development Director Joey Grisham) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 41 of 385 Item No. 8.d. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Review CDC/EDC Joint Meeting Minutes from the June 3, 2020 Meeting (Economic Development Director Joey Grisham) SUMMARY: Review CDC/EDC Joint Meeting Minutes from the June 3, 2020 Meeting (Economic Development Director Joey Grisham) FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.June 3 2020 CDC EDC Joint Meeting Minutes - signed APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 42 of 385 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice-President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Anna Community Development Corporation and Anna Economic Development Corporation Special Called Meeting Minutes Wednesday, June 3, 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 Wednesday, June 3, 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, Stan Carver and Doris Pierce. Board Members Absent: Terry Farrell and Bruce Norwood Others present: Councilmember 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 6:05 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 May 7, 2020 CDC Special Called Meeting. (CDC) 5. Consider/Discuss/Act on approving minutes from the May 7, 2020 EDC Special Called Meeting. (EDC) Rocio Gonzalez made a motion to approve the minutes on behalf of the CDC and EDC for both the April Joint Special Called Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed Page 43 of 385 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 applications for the Small Business Recovery Grant program and approve performance agreements. (CDC) Joey Grisham thanked the businesses that applied. Since the Board’s last meeting, the City of Anna received funds from Collin County. Collin County received funding from the federal CARES Act. The City of Anna may use these funds for economic recovery and approximately $191,000 may be allocated for small businesses. As such, the grant program that was advertised will be considered phase one. The CDC Board will make a recommendation to the City Council. Taylor Lough outlined the eligibility for phase one and the applications received. Anthony Richardson made a motion for the CDC Board to serve in an advisory role to the City Council regarding the Small Business Recovery grant program, and take no action related to the performance agreements. All were in favor. Motion passed. 7. Consider/Discuss/Act on appointing two (2) Board Members to the Comprehensive Plan Advisory Council. (CDC) Joey Grisham reminded the Board that the City is underway with updating the Comprehensive Plan, Parks, Trails, and Open Space Plan, and Downtown Master Plan. Kimley-Horn is the consultant group that will be working with this committee. The Board can appoint two members to serve with other community members to lead Anna into the future. Anthony Richardson asked if Doris Pierce stated she has an interest in participating in the plan. Lee Miller stated he understood he would like to know who would not be available so the Council would not appoint anyone who was not interested. Anthony Richardson asked who would not be available. Stan Carver asked staff to reach out to the two board members who were not present to determine if they were available to be considered. 8. Director’s Report A. Report on current corporate financial status—Discussion Only B. ED Strategic Plan Update Joey Grisham shared he should receive April’s financial statements soon to better determine the impact of the coronavirus pandemic. We expect this year to be like last year. Sales tax collections continue to improve as new businesses are opening, and other businesses are reopening after the pandemic. While we expect an increase in sales tax collections, we have been asked by the City to stay flat due to the pandemic. The Board will review the budget in the next month or two. Next month staff expects to bring marketing plan proposals to the Board to take the next step on strategic plan items related to a tagline and increased promotion of the City of Anna. An Anna EDC LinkedIn page has been created and has approximately 170 followers and the Opportunity Anna webpage is high in google searches. We are on pace to accomplish several items this year. 9. 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; Anna Business Park. Page 44 of 385 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); Grant program; Lease Agreement. 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. Stan Carver made a motion to enter closed session. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. The CDC moved into closed session at 6:11 p.m. 10. Reconvene into open session and take any action on closed session items. Stan Carver made a motion to reconvene into open session. Doris Pierce seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:00 p.m. 11. 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. Stan Carver encouraged the public to continue to check the Anna ISD webpage for updates on school reopening. Anna ISD will now allow churches to use their facilities to reconvene. A peaceful march will occur Sunday. 12. Adjourn. Rocio Gonzalez made a motion to adjourn the meeting at 7:29 pm. Doris Pierce seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: ____________________________ ____________________________ Anthony Richardson Rocio Gonzalez President of CDC/EDC Secretary of CDC/EDC Signature: Email: Signature: Email: Anthony D Richardson (Jul 9, 2020 09:31 CDT) Anthony D Richardson anthony@opportunityannatx.com Rocio Gonzalez rociocgonzalez@yahoo.com Page 45 of 385 June 3 2020 CDC EDC Joint Meeting Minutes Final Audit Report 2020-07-09 Created:2020-07-09 By:Taylor Lough (tlough@annatexas.gov) Status:Signed Transaction ID:CBJCHBCAABAA84NOEpCeWFaHqFdGPHlqCDb8TnD9fdGR "June 3 2020 CDC EDC Joint Meeting Minutes" History Document created by Taylor Lough (tlough@annatexas.gov) 2020-07-09 - 2:28:19 PM GMT- IP address: 173.219.29.137 Document emailed to Anthony D Richardson (anthony@opportunityannatx.com) for signature 2020-07-09 - 2:29:14 PM GMT Email viewed by Anthony D Richardson (anthony@opportunityannatx.com) 2020-07-09 - 2:29:32 PM GMT- IP address: 170.55.34.126 Document e-signed by Anthony D Richardson (anthony@opportunityannatx.com) Signature Date: 2020-07-09 - 2:31:30 PM GMT - Time Source: server- IP address: 47.222.3.251 Document emailed to Rocio Gonzalez (rociocgonzalez@yahoo.com) for signature 2020-07-09 - 2:31:31 PM GMT Email viewed by Rocio Gonzalez (rociocgonzalez@yahoo.com) 2020-07-09 - 2:42:46 PM GMT- IP address: 47.222.23.150 Document e-signed by Rocio Gonzalez (rociocgonzalez@yahoo.com) Signature Date: 2020-07-09 - 3:47:31 PM GMT - Time Source: server- IP address: 72.48.190.69 Signed document emailed to Taylor Lough (tlough@annatexas.gov), Anthony D Richardson (anthony@opportunityannatx.com) and Rocio Gonzalez (rociocgonzalez@yahoo.com) 2020-07-09 - 3:47:31 PM GMT Page 46 of 385 Item No. 8.e. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Approve a Resolution setting a public hearing under Section 372.009 of the Texas Local Government Code on the advisability of the creation of a public improvement district and improvements within the extraterritorial jurisdiction of the City of Anna, Texas for the Sherley Tract and authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the public hearing. (City Attorney Clark McCoy) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.Res. Setting PH dates C19001D20200707CR1 clean APPROVALS: Clark McCoy, City Attorney Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 47 of 385 Resolution _________ Page 1 of 10 CITY OF ANNA, TEXAS RESOLUTION NO. _____________________ A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 372 of the Texas Local Government Code (the “Act”), to create a public improvement district within its corporate limits and its extraterritorial jurisdiction (the “ETJ”); and WHEREAS, on June 18, 2020, MM Anna 325, LLC, a Texas limited liability company, the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (the “Petitioner”), within the ETJ of the City, submitted and filed with the City Secretary of Anna (the “City Secretary”) a certain First Amended Petition for the Creation of a Public Improvement District Within the Extraterritorial Jurisdiction of the City of Anna, Texas for the Sherley Tract Public Improvement District (“Petition”), attached as Exhibit A, requesting the establishment of the Sherley Tract Public Improvement District for approximately 290.877 acres of property within the ETJ of the City (the “District”); and WHEREAS, said petition described public improvements that the property desires to be made within the public improvement district; and WHEREAS, the City Council of Anna, Texas (the “City Council”) will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each Page 48 of 385 Resolution _________ Page 2 of 10 owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on August 11, 2020 on the creation of a public improvement district; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for August 11, 2020, at 7:00 p.m. at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed public improvement district. Section 5: Attached hereto as Exhibit A is the First Amended Petition for the Creation of a Public Improvement District within the Extraterritorial Jurisdiction of the City of Anna, Texas for the Sherley Tract Public Improvement District, which includes a metes and bounds description for the District. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the “Notice”) the form and substance of which is hereby adopted and approved. Section 7: Attached hereto as Exhibit C is a legal description of the approximately 290.877 acres of property to be included in the proposed public improvement district. Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City Page 49 of 385 Resolution _________ Page 3 of 10 and the part of the ETJ of the City where the District is located, and to mail a copy of said Notice to all landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide Notice on or before July 24, 2020, which is before the 15th day before the August 11, 2020 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 14TH DAY OF JULY, 2020. ATTEST:APPROVED: _____________________________________________________ Carrie L. Smith, City Secretary Nate Pike, Mayor Page 50 of 385 Resolution _________ Page 4 of 10 EXHIBIT A First Amended Petition for the Creation of a Public Improvement District Page 51 of 385 Resolution _________ Page 5 of 10 EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the “Act”), notice is hereby given that the City Council of the City of Anna, Texas (“City”), will hold a public hearing to accept public comments and discuss the petition (the “Petition”), as amended, filed by MM Anna 325, LLC, a Texas limited liability company (the “Petitioner”), requesting that the City create the Sherley Tract Public Improvement District(the “District”) to include property owned by the Petitioner and further described herein (the “Property”). Time and Place of the Hearing. The public hearing will start at 7:00 p.m. on August 11, 2020 at Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vi) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $32,000,000. Proposed District Boundaries. The District is proposed to include approximately 290.877 acres of land generally located west of U.S. Highway 75 and north of Roseway Street, located within the extraterritorial jurisdiction of the City and as more particularly described by a metes and bounds description available at Anna City Hall located 11 N. Parkway, Anna, Texas 75409 and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements Page 52 of 385 Resolution _________ Page 6 of 10 financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax increment reinvestment zone revenue. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner, and possible tax increment reinvestment zone revenue During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Comment [LG1]: See: LGC Sec. 372.014. ASSESSMENT PLAN; PAYMENT BY EXEMPT JURISDICTIONS... (b) The municipality or county is responsible for payment of assessments against exempt municipal or county property in the district. Page 53 of 385 Resolution _________ Page 7 of 10 EXHIBIT C BEING that certain tract of land situated in the Z. Roberts Survey, Abstract Number 760, the J. Boyle Survey, Abstract Number 105, the J.M. Kincade Survey, Abstract Number 509, and the J. Ellet Survey, Abstract Number 296, Collin County, Texas, being all of that tract of land described by deed to Jan Sherley Miller, Virgil A. Miller, and Marquin M. Payne, recorded in Instrument Number 20110401000341650, Official Public Records, Collin County, Texas, being all of that tract of land described by Deed to Jan Sherley Miller and Virgil Miller, recorded in Volume 1068, Page 507, said Public Records, and being a portion of that tract of land described by deed to Jan Sherley Miller, recorded in Volume 2667, Page 671, said Public Records, and being more particularly described by metes and bounds as follows: BEGINNING at the most northerly northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S 01°39'27"E, 46.23 feet; THENCE S 00°07'45"W, 239.62 feet; THENCE S 00°02'54"E, 240.98 feet; THENCE S 00°16'10"W, 240.11 feet; THENCE S 00°05'15"W, 193.73 feet; THENCE S 00°09'49"W, 159.37 feet; THENCE S 03°07'30"W, 136.17 feet; THENCE S 00°10'28"W, 117.40 feet; THENCE S 89°51'18"E, 18.32 feet; THENCE N 55°45'18"E, 13.27 feet; THENCE N 29°20'54"E, 61.95 feet; THENCE N 82°59'12"E, 29.11 feet; THENCE S 76°48'02"E, 38.97 feet; THENCE N 81°31'02"E, 42.52 feet; THENCE N 64°56'10"E, 12.15 feet; THENCE S 30°32'08"E, 25.22 feet; THENCE S 00°14'15"W, 13.28 feet; THENCE S 32°18'58"E, 21.36 feet; Page 54 of 385 Resolution _________ Page 8 of 10 THENCE S 78°07'20"E, 14.66 feet; THENCE N 10°26'29"E, 17.31 feet; THENCE N 53°35'10"E, 21.88 feet; THENCE N 78°49'58"E, 15.44 feet; THENCE S 57°06'59"E, 24.14 feet; THENCE S 41°22'42"E, 62.38 feet; THENCE S 01°13'29"E, 28.82 feet; THENCE S 00°45'46"W, 119.18 feet; THENCE S 88°56'22"E, 602.59 feet, to the northeast corner of said Miller and Payne tract recorded in Instrument Number 20110401000341650 and being the northwest corner of aforementioned Miller tract recorded in Volume 2667, Page 671; THENCE N 89°49'51"E, 933.16 feet; THENCE N 89°46'06"E, 488.86 feet, passing the northeast corner of said Miller tract and being the northwest corner of aforementioned Miller tract recorded in Volume 1068, Page 507; THENCE S 03°23'35"E, 989.07 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 277.01 feet, through a central angle of 38°31’54”, having a radius of 411.91 feet, the long chord which bears S 15°52’22”W, 271.82 feet; THENCE S 35°08'19"W, 286.03 feet; THENCE S 06°06'41"W, 811.64 feet; THENCE S 89°56'10"W, 1154.19 feet, to the southwest corner of the aforementioned Miller tract recorded in Volume 2667, Page 671; THENCE N 00°10'56"E, 232.21 feet, to the southeast corner of the aforementioned Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE S 89°09'27"W, 794.06 feet; THENCE S 89°39'13"W, 1753.66 feet; THENCE S 89°55'39"W, 746.70 feet; THENCE S 89°51'39"W, 315.81 feet; THENCE S 89°09'41"W, 111.58 feet, to the most southerly southwest corner of said Miller and Payne tract; Page 55 of 385 Resolution _________ Page 9 of 10 THENCE N 20°10'35"E, 140.94 feet; THENCE N 55°00'59"E, 55.72 feet; THENCE N 65°08'55"E, 164.54 feet; THENCE N 24°07'01"E, 75.15 feet; THENCE N 08°28'12"E, 68.74 feet; THENCE N 18°33'24"E, 30.27 feet; THENCE N 39°07'19"E, 204.32 feet; THENCE N 15°58'26"E, 96.33 feet; THENCE N 51°42'39"E, 216.49 feet; THENCE N 10°14'20"E, 39.18 feet; THENCE N 16°20'38"W, 43.77 feet; THENCE N 25°38'17"W, 56.21 feet; THENCE N 30°23'51"W, 42.71 feet; THENCE N 30°57'56"W, 141.18 feet; THENCE N 22°04'56"W, 112.22 feet; THENCE N 08°32'18"W, 237.53 feet; THENCE N 21°21'56"W, 73.37 feet; THENCE N 12°45'32"W, 39.65 feet; THENCE N 04°05'51"E, 114.57 feet; THENCE N 05°37'47"E, 102.03 feet; THENCE N 20°12'50"E, 61.91 feet; THENCE N 15°56'54"E, 37.72 feet; THENCE N 10°49'32"E, 87.03 feet; THENCE N 23°29'01"E, 238.46 feet; THENCE N 60°08'36"E, 217.24 feet; THENCE N 40°36'12"E, 97.96 feet; Page 56 of 385 Resolution _________ Page 10 of 10 THENCE N 22°54'02"E, 117.90 feet; THENCE N 54°18'35"E, 58.08 feet; THENCE N 42°30'22"E, 62.53 feet; THENCE N 22°13'30"E, 121.36 feet; THENCE N 31°23'35"E, 106.80 feet; THENCE N 24°37'01"E, 76.66 feet; THENCE N 08°41'50"W, 134.21 feet; THENCE N 30°06'30"E, 75.08 feet; THENCE N 66°06'02"E, 55.48 feet; THENCE N 52°19'07"E, 141.40 feet; THENCE N 18°14'45"E, 95.78 feet; THENCE N 43°56'12"E, 420.59 feet; THENCE N 28°03'26"E, 46.51 feet; THENCE N 04°16'56"E, 105.49 feet, to the northwest corner of the aforementioned Miller and Payne tract recorded in Instrument Number 20110401000341650; THENCE N 89°36'40"E, 276.78 feet; THENCE N 89°54'11"E, 938.53 feet to the Point of Beginning and containing 12,670,595 square feet or 290.877 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Page 57 of 385 Item No. 8.f. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Marc Marchand AGENDA ITEM: Approve DSI Change Control Authorization change order for SmartGov implementation project for online permitting and reporting (Neighborhood Services Director Marc Marchand). SUMMARY: The DSI Change Control Authorization is a change order for the SmartGov project for online permitting for Planning, Building, Fire, Public Works, Code and Parks. The change order is for 20 additional unique permit types totaling $9,591 and 10 custom reports totaling $4,558. The total change order is for $14,149. The original contract included 29 unique permit types, 25 were included in the original scope of work, and 4 were included for overage that may develop during the implementation process. During the implementation process, new opportunities emerged, and there are now 49 unique permit types that staff would like to put on the SmartGov system. This is a difference of 20 unique permit types, necessitating the need for the change order. The allocation of permit types is as follows: Department Original Contract Change Order Planning & Building 20 41 Public Works 3 3 Fire 1 1 Code & Rental Inspection 1 4 Parks 0 3 (No Charge) The majority of the differential is from the Planning & Building Department which increased from 20 to 41 unique permit types. This past year, the Planning & Building Department hired a new Planning & Development Director and added a number of additional positions as well as took over building inspections. New and improved procedures and processes were implemented, and new permit application forms were created that did not exist before. These improvements led to enhancements in service Page 58 of 385 levels and an increase in unique permit types. The other area where the number of unique permit types increased was Code Compliance which increased from 1 to 4 unique permit types. This change is due to adopting the International Property Maintenance Code and amendments to it as well as bringing the Rental Inspection Program in-house. Code Compliance, also, made new permit application forms which caused an increase in the number of unique permit types. During the implementation process, an additional opportunity to add the Park Department permits presented itself. SmartGov gave the City 3 additional unique permit types for the baseball field rentals, pavilion and gazebo rentals and special event permits at no additional charge. The other part of the Change Order request is for 10 custom reports to provide supplementary data in a flexible framework that will be of value to city operations. The custom reports will be used for financial management purposes to keep-up with the water and sewer impact fee credits as well as the park credits. The following subdivisions currently have credits: Avery Pointe, Park Place, Pecan Grove, West Crossing, Lakeview and Anna Town Square. Additional custom reports may, also, include data on property violations and the rental registration program. Over the past year, there has been a substantial amount of progress made within the departments that will be using the SmartGov portal. Staff believes this Change Order is an enhancement of the City's use of the SmartGov system resulting in additional advancements and increased service levels. FINANCIAL IMPACT: The financial impact is $14,149 of which $9,591 is associated with additional permit types and $4,558 is associated with custom reports. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the SmartGov change order request. ATTACHMENTS: 1.SmartGov Change Order Page 59 of 385 2.Res 2019-07-586 Dude Solutions_SmartGov APPROVALS: Ashley Stathatos, Neighborhood Services Manager Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 60 of 385 Please return an executed Change Control Authorization form to the following: Steven George, steven.george@dudesolutions.com, c: 919.606.3675 11000 Regency Parkway, Cary, NC 27511 DSI Change Control Authorization Customer Name Date Submitted City of Anna,TX 05/19/2020 Change Control No. SOW / Project Number: Requestor and Organization City Of Anna-CD-SG-000292 _CCA001 City Of Anna-CD-SG-000292 Ashley Stathatos, Managing Director of Community Services, City of Anna, TX Change Type Description / Costs Date Scheduled Scope: 20 additional unique permit types 10 Custom Reports August 2020 Schedule: Included within current project go live, tentatively August 2020 Cost: One-Time Professional Services; $14,149  Additional permit types - $9,591  Custom Reports - $4,558 Recurring - $0 Description/Reason of Change During configuration conversations with the City of Anna it was determined the 25 license types included within the original statement of work would not fully support Anna’s existing licensing, permitting and code enforcement needs. The additional configuration work will be included and completed within the current project timeline. 1) Adding 20 templates to the project scope to capture the permits the City of Anna wants managed within SmartGov. 2) 10 Custom reports to address reporting needs that fall outside of the SmartGov standard reports. DSI and the City of Anna, TX acknowledge billing for the above services will occur after the services are delivered and launched as a part of Anna, TX go live, tentatively planned for August of 2020. DSI agrees to bill this change order in full on the first day of the City of Anna, TX’s 2021 fiscal year, starting on Oct 1 as requested by the managing director. Impact of Change Scope: 20 additional permit types, 10 custom reports Schedule: Within current timeline of August 2020 go live. Cost –Incremental / Overall: $14,149 Resources: Brian Higgins, Steven George Acceptance The undersigned certifies that he or she is an authorized representative of the City of Anna and has full authority to sign this Change Control Authorization and enter into an Agreement on behalf of the City of Anna. By signing below, the authorized City of Anna representative acknowledges that this Change Control Authorization is bound to the Terms and Conditions as originally agreed to within the referenced Statement of Work. This form may be used to add cost to the project or to document decisions and agreement between both parties. Page 61 of 385 Please return an executed Change Control Authorization form to the following: Steven George, steven.george@dudesolutions.com, c: 919.606.3675 11000 Regency Parkway, Cary, NC 27511 Acceptance Receipt of an executed Change Control Authorization by Dude Solutions via facsimile or electronic signature is considered a valid and legally binding form of receipt. DUDE SOLUTIONS, INC. CITY OF ANNA, TX Signature: Signature: Printed Name: Printed Name: Date: Date: Steven E George Jr 05/20/2020 Page 62 of 385 Page 63 of 385 Page 64 of 385 Page 65 of 385 Page 66 of 385 Page 67 of 385 Page 68 of 385 Page 69 of 385 Page 70 of 385 Page 71 of 385 Page 72 of 385 Page 73 of 385 Page 74 of 385 Page 75 of 385 Page 76 of 385 Page 77 of 385 Page 78 of 385 Page 79 of 385 Page 80 of 385 Page 81 of 385 Page 82 of 385 Page 83 of 385 Page 84 of 385 Page 85 of 385 Page 86 of 385 Page 87 of 385 Page 88 of 385 Page 89 of 385 Page 90 of 385 Page 91 of 385 Page 92 of 385 Page 93 of 385 Page 94 of 385 Page 95 of 385 Page 96 of 385 Page 97 of 385 Page 98 of 385 Page 99 of 385 Page 100 of 385 Page 101 of 385 Page 102 of 385 Page 103 of 385 Page 104 of 385 Page 105 of 385 Page 106 of 385 Page 107 of 385 Page 108 of 385 Page 109 of 385 Page 110 of 385 Page 111 of 385 Page 112 of 385 Page 113 of 385 Page 114 of 385 Page 115 of 385 Item No. 8.g. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Joey Grisham AGENDA ITEM: Approve a Resolution entering into Chapter 380 Agreements for Phase II of the small business assistance program to provide immediate, short-term financial aid to qualified small businesses in the City of Anna. (Economic Development Director Joey Grisham) SUMMARY: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump, and the US Treasury established the Coronavirus Relief Fund added by section 5001 of the CARES Act. On May 11, 2020, the Collin County Commissioners Court took the first steps to distribute the CARES Act funds and adopted the ‘Collin Cares” recovery plan which provides funding for cities’ COVID-19 related costs and business recovery efforts. The City Council and Anna EDC/CDC recognized the economic strain that the COVID-19 pandemic is causing its local businesses, and established a stimulus program on June 9, 2020 from the CARES Act funding from the Interlocal Cooperation Agreement with Collin County to provide limited financial assistance to small businesses located within the city limits. Based on the guidelines and requirements set out, 25% of the city's $764,646.10 allocation can be utilized for small business grants, which amounts to $191,162. The Anna Community Development Corporation is administering the COVID-19 Small Business Recovery Grant and making recommendations to the City Council. Phase I of the program included businesses that pay city sales tax. 28 applications were received--18 fit the criteria, 8 did not meet the criteria, and 2 businesses withdrew. The CDC recommended the 18 businesses that qualified receive grants of $5,000--they each signed Chapter 380 Economic Development Agreements and received their checks back in June. Phase II applications included businesses and non-profit corporations. 19 applications were received and the CDC Board recommends that the City Council approve 18 grants of $5,000 (Exhibit C). One application was returned for review because of questions related to their ability to comply with the Chapter 380 agreement. The Board would like to re-review this application and new information at its next meeting, and thus does not recommend a grant at this time. FINANCIAL IMPACT: $90,000 in CARES funding STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Page 116 of 385 Goal 1: Growing Anna Economy STAFF RECOMMENDATION: Approve the Resolution. ATTACHMENTS: 1.Small Business Grant Resolution (2) 2.Exhibit A--City of Anna Phase II Recovery Grant Guidelines and Application 3.Exhibit B-Phase II Ch. 380 Covid-19-relief-agreement 4.Exhibit C- Awards City of Anna Phase II Recovery Grant 5.Council PHASE II Grant Application Tracking Review APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 117 of 385 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ENTERING INTO CHAPTER 380 AGREEMENTS FOR PHASE II OF THE SMALL BUSINESS ASSISTANCE PROGRAM TO PROVIDE IMMEDIATE, SHORT-TERM FINANCIAL AID TO QUALIFIED SMALL BUSINESSES IN THE CITY OF ANNA. WHEREAS, the City of Anna, Texas is a municipality operating under a home-rule charter (the “City”); and WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS, President Donald J. Trump declared a State of National Emergency for the United States of America on March 13, 2020 in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 17, 2020, Mayor Nate Pike issued a declaration of local disaster for public health emergency for the City and such declaration was extended by the City Council; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was passed by Congress and signed into law by President Trump; and WHEREAS, on April 22, 2020, the US Treasury established the Coronavirus Relief Fund added by Section 5001 of the CARES Act; and WHEREAS, on May 11, 2020, the Collin County Commissioners court took the first steps to distribute the CARES Act funds and adopted the ‘Collin Cares” recovery plan which provides funding for cities’ COVID-19 costs and business recovery efforts; and WHEREAS, on June 9, 2020, the Anna City Council established a Small Business Assistance Program and appropriated up to $191,162 in funds for the program; and WHEREAS, the COVID-19 pandemic has caused closures of and limitations on local businesses; and WHEREAS, Chapter 380 of the Texas Local Government Code allows municipalities to establish economic development programs for making grants of public money to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the City Council of the City recognizes the economic strain the COVID-19 pandemic is causing its local businesses, and desires to establish a stimulus program from the Page 118 of 385 CARES Act funding from the Interlocal Cooperation Agreement with Collin County in order to provide limited financial assistance to small businesses located within the city limits; and WHEREAS, the City Council finds that establishing this program pursuant to Chapter 380 of the Texas Local Government Code and awarding grants to qualified small businesses will serve the public health, safety and welfare of the City; and WHEREAS, the guidelines and criteria for this program are set forth in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. That the guidelines and criteria set forth in Exhibit A, which is attached hereto and incorporated herein, include program and application requirements and determine a business's eligibility to receive financial assistance under the program. The City Manager may change the guidelines and criteria or establish additional rules or requirements provided that any such changes or additions comply with all applicable law. SECTION 2. That the Anna Community Development Corporation is directed to administer the small business assistance program and is authorized to recommend eligible businesses for City Council consideration to make grants that comply with the program requirements, as set forth herein, and is authorized to take any and all other actions it deems necessary to administer the program consistent with the program requirements set forth herein. SECTION 3. That the City shall enter into Chapter 380 Agreements with each business. Each qualified business is eligible to receive a one-time grant up to $5,000 if funding is available; provided, however, that all such businesses must enter into a Chapter 380 Agreement in the form attached hereto as Exhibit B or as approved as to form by the City Attorney. The City Manager has authority to enter into such Chapter 380 Agreements on behalf of the City. SECTION 4. That the businesses to which the City anticipates providing grants are listed in Exhibit C. SECTION 5. That this Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ON THIS THE 14TH DAY OF JULY 2020. Nate Pike, Mayor ATTEST: Carrie Land, City Secretary Page 119 of 385 Exhibit A CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 joey@opportunityannatx.com taylor@opportunityannatx.com City of Anna Phase II COVID-19 Recovery Grant The City of Anna has designated funding to assist local small-businesses suffering from financial impacts related to the COVID-19 pandemic. One time grants up to $5,000 will be dispersed amongst qualified applicants in July. Completed applications and a current Form W-9 are due to the contacts below via e-mail by 5:00 PM on Tuesday, June 30, 2020. Eligible businesses applying for grant funds must: • Be a physical, publicly accessible, commercial location existing in the city limits of the City of Anna* • Have less than 20 employees • Show proof of ownership of the business • Be authorized to do business in Texas and listed as “in existence” with the Secretary of State of Texas • Be current with applicable property tax and applicable sales and use tax payments • Must at all times be in compliance with all ordinances of the City of Anna unless waived by the City or its designee in writing • Sign a performance agreement with the City of Anna before funds can be remitted (noncompliance with terms would require the recipient to repay funds) • Provide proof of the use of grant funds upon request by September 30, 2020 or as extended in writing by the CDC President for a period not to exceed 90 days • Consent to any financial audit of the applicant and physical inspections of the applicant’s premises/operations by CDC designee(s) • Include a completed Form W-9 form for the business with this application *Home-based businesses or those located within residential districts are ineligible. Page 120 of 385 Exhibit A CONTACT: Joey Grisham, Director Taylor Lough, Manager 214-831-5394 214-831-5321 joey@opportunityannatx.com taylor@opportunityannatx.com Phase II COVID-19 Recovery Grant Application Business Name Business Owner Name(s) Physical Address of Business Telephone Number(s) E-mail Address(es) Type of Business / sector. Please include NAICS/SIC code, if applicable. Is your business located within the city limits of the City of Anna? YES NO Is your business current with property and sales and use tax payments to the City of Anna? YES NO Does the business have outstanding financial obligations to the City of Anna? YES NO Is the business/applicant authorized to do business and listed as an entity “in existence” with the Secretary of the State of Texas? YES NO Indicate how the City of Anna Phase II COVID-19 Recovery Grant funds will be used, if grant is approved. Uses may include rent/mortgage, utilities, etc. Please explain Has your business applied for other economic relief? Please list application, status, and amount received. How has your business revenue changed since COVID-19 became a widespread concern in early March 2020? Please provide an estimated percentage. A current Form W-9 must also be included for your application to be considered complete. Completed applications and a current Form W-9 are due to the contacts below via e-mail by 5:00 PM on Tuesday, June 30, 2020. Page 121 of 385 1 CHAPTER 380 AGREEMENT This Chapter 380 Agreement (“Agreement”) is entered into to be effective as of the Effective Date (as defined in Article III below), by and between the City of Anna, a home-rule municipality located in Collin County, Texas (hereinafter called “City”), and _______________ (hereinafter called “Business”), otherwise known as the “Parties” to this Agreement. RECITALS WHEREAS, the City of Anna, Texas is a municipality operating under a home-rule charter (the “City”); and WHEREAS, in December 2019, a novel coronavirus, now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS, President Donald J. Trump declared a State of National Emergency for the United States of America on March 13, 2020 in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 17, 2020, Mayor Nate Pike issued a declaration of local disaster for public health emergency for the City and such declaration was extended by the City Council; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was passed by Congress and signed into law by President Trump; and WHEREAS, on April 22, 2020, the US Treasury established the Coronavirus Relief Fund added by Section 5001 of the CARES Act; and WHEREAS, on May 11, 2020, the Collin County Commissioners court took the first steps to distribute the CARES Act funds and adopted the ‘Collin Cares” recovery plan which provides funding for cities’ COVID-19 costs and business recovery efforts; and WHEREAS, the COVID-19 pandemic has caused closures of and limitations on local businesses; and WHEREAS, Chapter 380 of the Texas Local Government Code allows municipalities to establish economic development programs for making grants of public money to promote local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the COVID-19 National Disaster has caused business enterprise in Anna, Texas, to temporarily close and/or experience reductions in sales, workforce, capital development and/or development; and Page 122 of 385 2 WHEREAS, the City Council of the City recognizes the economic strain the COVID-19 pandemic is causing its local businesses, and desires to establish a stimulus program from the CARES Act funding from the Interlocal Cooperation Agreement with Collin County in order to provide limited financial assistance to small businesses located within the city limits; and WHEREAS, the City Council finds that establishing this program pursuant to Chapter 380 of the Texas Local Government Code and awarding grants to qualified small businesses will serve the public health, safety and welfare of the City; and WHEREAS, Business desires to retain its number of employees and payroll, as well as its capital investment, to the numbers and amounts prior to the National Disaster declaration and COVID-19 pandemic crisis; and WHEREAS, providing Business with the funds under this Agreement will contribute to the City of Anna by helping retain jobs and increase employment back to the numbers prior to the COVID- 19 National Disaster, promoting and developing expanded business enterprises, increased development, increased real property value and tax revenue for the City of Anna, and will have both a direct and indirect positive overall improvement/stimulus in the local and state economy; and WHEREAS, the City desires to offer an incentive to Business to enable Business to retain and increase its employees and payroll to the numbers prior to the COVID-19 National Disaster declaration and to train its employees on how to conduct business during such a National Disaster and pandemic pursuant to this Agreement; and WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms and obligations of the Parties with respect to such matters; and WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and provisions hereof are subject to the laws of the State of Texas and all rules, regulations and interpretations of any agency or subdivision thereof at any time governing the subject matters hereof; and WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings, if any, have been conducted in accordance with Texas law; and WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become legally binding obligations of the Parties. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements described and contained in this Agreement, and for other good and valuable consideration, the Page 123 of 385 3 receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties agree as follows: ARTICLE I RECITALS The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE II AUTHORITY AND TERM 1.Authority. The City’s execution of this Agreement is authorized by Chapter 380 of the Texas Local Government Code and constitutes a valid and binding obligation of the City. The City acknowledges that Business is acting in reliance upon the City’s performance of its obligations under this Agreement in making the decision to commit substantial resources to the establishment of the “Project” in the above recitals. 2.Term. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless terminated sooner or extended by mutual agreement of the Parties in the manner provided for herein. 3.Purpose. The purpose of this Agreement is to formalize the agreements between the Business and the City for the granting of funds to cover certain costs associated with the Project and specifically state the covenants, representations of the Parties, and the incentives associated with Business’s commitment to abide by all applicable law and to abide by the terms of this Agreement, which has been approved by the City and the Business. It is expressly agreed that this Agreement constitutes a single transaction. A failure to perform any obligation by the Business may constitute a breach of the entire Agreement and terminate any further commitments (if any) by the City unless an alternative penalty or remedy is provided for herein. 4.Administration of Agreement. Upon the Effective Date, the City delegates the administration and oversight of this Agreement to the Anna Community Development Corporation acting through the City’s Economic Development Director. Any proposed amendments to this Agreement shall require the approval of the City. . ARTICLE III DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. “Anniversary/Year” - Performance and incentive calculations based upon years and anniversaries as used in this Agreement shall be calculated with the year and date zero beginning on the date the Page 124 of 385 4 last party signs this agreement and first anniversary is twelve (12) months from that date, and so on with each year and anniversary from that date forward. “Bankruptcy” shall mean the dissolution or termination of a Party’s existence as a going business, insolvency, appointment of receiver for any part of such Party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Default”, unless otherwise specifically defined or limited by this Agreement, shall mean failure by any Party to timely and substantially comply with any performance requirement, duty, or covenant. “Effective Date” shall be the date of the last signing by a party to the agreement. “Expiration Date” shall mean the earlier of: 1.The first Anniversary of the Effective Date; or 2.The date of termination, provided for under Article VI of this Agreement. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party, including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Incentive Grant” means that money provided to the Business as an incentive for the creation and retention of workers and labor force in Anna, Texas. “Project” shall mean the Business’s promise and agreement herein to use the COVID-19 relief funds awarded by the City to contribute to the City of Anna by helping retain jobs and increase employment back to the numbers prior to the COVID-19 National Disaster, as well as to train its employees on how to conduct business safely and in accordance with Center for Disease Control standards during this and any future similar National Disaster declaration. ARTICLE IV CITY OBLIGATION 1.COVID-19 Relief Award. City shall pay a one-time payment of up to $5,000 (“Incentive Grant”) to Business as its COVID-19 relief funds in accordance with the Project, which shall be made available via direct deposit or mailed by check by the City. Page 125 of 385 5 2.Incentive Grant. The Incentive Grant is being awarded to Business for it to expand to the size, enterprise and/or revenue levels experienced by the Business prior to the National Disaster declaration and COVID-19 pandemic crisis that caused economic and business retraction. Business is obligated to retain jobs or increase its employment or payroll back or business enterprise back to the numbers prior to the COVID-19 National Disaster, as well as to train its employees on how to conduct business safely and in accordance with Center for Disease Control standards during this and any future similar National Disaster declaration. Business further agrees to provide City with the following information (if applicable to the Business) on or before the Expiration Date: (a)2020 ad valorem tax receipt showing Business’s personal property taxes paid for 2020 (should be available February 2021 at latest); (b)February 2021 Texas Comptroller of Public Accounts sales tax receipt; and, (c)Texas Workforce Commission’s Unemployment Tax Services Employer’s Quarterly Report filed January 2021 (or comparable TWC statement or receipt showing payroll numbers for January 2021). 3.Confidentiality. The City agrees to the extent allowed by law to keep all tax information and documentation received, pursuant to this Agreement hereof, confidential. In the event a request is made for such information, City will not disclose the information unless required to do so by the Attorney General of Texas or other authority having valid jurisdiction. 4.Current Revenue. The funds distributed hereunder shall be paid solely from lawfully available funds of the City. Under no circumstances shall the obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. None of the obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. ARTICLE V COVENANTS AND DUTIES 1.Business’s Covenants and Duties. Business makes the following covenants and warranties to the City and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a)Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. Page 126 of 385 6 (b)The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c)Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d)To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits necessary for the operations of the Business), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Anna and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e)Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f)Business shall cooperate with the City in providing all necessary information to assist them in complying with this Agreement. (g)During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h)Business shall not have been in arrears and shall be current on its payment of all City taxes and fees that were due and owing prior to Mayor Nate Pike’s declaration of a local disaster for public health emergency on March 17, 2020. (i)City has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement. 2.Compliance and Default. Failure by Business to timely comply with any performance requirement, duty, or covenant shall be considered an act of Default and shall give the City the right to terminate this Agreement and collect the Recapture Amount, as determined by the City. Page 127 of 385 7 ARTICLE VI TERMINATION Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a)The written agreement of the Parties; (b)The Agreement’s Expiration Date; (c)Default by Business (at the option of the City). ARTICLE VII DEFAULT 1.Business Events of Default. (a)Failure of Business to perform under this Agreement. (b)City determines that any representation or warranty contained herein or in any application, financial statement, certificate, report or opinion submitted to City in connection with or pursuant to the requirements of this Agreement was incorrect or misleading in any material respect when made; or (c)Any judgment is assessed against Business or any attachment or other levy against the property of Business with respect to a claim remains unpaid, unstayed on appeal, undischarged, not bonded or not dismissed for a period of thirty (30) days; or (d)Business makes an assignment for the benefit of creditors; admits in writing its inability to pay its debts generally as they become due; files a petition in Bankruptcy; is adjudicated insolvent or bankrupt; petitions or applies to any tribunal for any receiver or any trustee of Business or any substantial part of its property, commences any action relating to Business under any reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction whether now or hereafter in effect; or if there is commenced against Business any such action and such action remains undismissed or unanswered for a period of sixty (60) days from such filing, or Business by any act indicates its consent to or approval of any trustee of Business or any substantial part of its property; or suffers any such receivership or trustee to and such appointment remains unvacated for a period of sixty (60) days; or (e)Business substantially changes its present ownership without written notification to City within thirty (30) days of such change; or (f)Business moves the location of the business outside the City or changes the general character of business as conducted at the date hereof or engages in any type of business not reasonably related to its business as presently and normally conducted. Page 128 of 385 8 2.Remedies for Default. (a)In the event of Default by the Business, the City shall, as its sole and exclusive remedy for Default hereunder, have the right to terminate this Agreement and to recapture one hundred percent (100%) of the Incentive Grant (the “Recapture Amount”) if the Default occurs on or prior to the termination date. (b)Business agrees a remedy for Default is the City seeking a mandamus from a court of competent jurisdiction; or the appointment of a receiver in equity with the power to charge and collect rents, purchase price payments, and loan payments; and, apply the revenue from the Project in accordance with this Agreement. ARTICLE VIII MISCELLANEOUS 1.Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and assigns. The Economic Development Director or City Manager shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the City, on behalf of the Parties related thereto. 2.Mutual Assistance. The Parties will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3.Representations and Warranties. The City represents and warrants to Business that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Business represents and warrants to the City that it has the requisite authority to enter into this Agreement. 4.Assignment. Business shall have the right to assign all of its rights, duties, and obligations under this Agreement to a duly qualified third party with prior written approval of the City. Any assignment provided for herein shall not serve to enlarge or diminish the obligations and requirements of this Agreement, nor shall they relieve Business of any liability to the City, including any required indemnity in the event that any Assignee hereof shall at any time be in Default of the terms of this Agreement. The City may demand and receive adequate assurance of performance including the deposit or provision of financial security by any proposed Assignee prior to its approval of an assignment. 5.Independent Contractors. (a)It is expressly understood and agreed by all Parties hereto that in performing their services hereunder, Business at no time will be acting as an agent of the City and that all Page 129 of 385 9 consultants or contractors engaged by Business respectively will be independent contractors of Business; and nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. The Parties hereto understand and agree that the City will not be liable for any claims that may be asserted by any third party occurring in connection with services performed by Business respectively under this Agreement. (b)By entering into this Agreement, except as specifically set forth herein, the Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense a party, and nothing contained herein shall ever be construed as a waiver of sovereign or official immunity by the City with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. (c)No employee of the City, or any board member, or agent of the City, shall be personally responsible for any liability arising under or growing out of this Agreement. 6.Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, or on the first business day after depositing the same in the hands of a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed to the Party at the address set forth below: If intended for City:City of Anna Attention: City Manager 111 N. Powell Pkwy Anna, TX 75409 With a copy to:Wolfe, Tidwell & McCoy, LLP Attention: Clark McCoy 2591 Dallas Pkwy, Ste 300 Frisco, TX 75034 If to the Business: Any Party may designate a different address at any time upon written notice to the other Parties. 7.Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 37.10. Page 130 of 385 10 8.Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement shall be in the Courts of Collin County. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 9.Amendment. This Agreement may be amended only by mutual written agreement of the Parties. 10.Legal Construction. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. 11.Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter of this Agreement, except City approved amendments to this Agreement. 12.Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 13.Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 14.Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 15.Indemnification. BUSINESS AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY OF ANNA AND THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, “RELEASE PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL Page 131 of 385 11 REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE FOLLOWING: ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY BUSINESS UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTION OR OMISSIONS OF THE RELEASED PARTIES. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.. 16.Additional Instruments. The Parties agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 17.Force Majeure. Whenever a period of time is herein prescribed for action to be taken by the Business, the Business shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to causes of any kind whatsoever which are caused by Force Majeure. [SIGNATURE PAGE(S) FOLLOW]: Page 132 of 385 12 Executed on this day of ____________ 2020. Business: Signed: By: Title: Executed on this day of ______________ 2020. CITY OF ANNA By: Name: Jim Proce, City Manager Page 133 of 385 EXHIBIT C City of Anna Phase II COVID-19 Recovery Grant Recommendations ($5,000) Anna Area Historical Preservation Society Anna Family Healthcare / Janet S. Wheat Anna Food Mart / Mill and Bill, Inc. Anytime Fitness / Lonestar Fitness Center LLC Breaking Free Inc. / Glen Scott Mormon Eiggam LLC / American Shaman Essential Nail / H Pham Investments LLC First Baptist Church Great Clips / Radhe Kishan Inc. Greater Anna Chamber of Commerce JA Bills LLC / Liberty Tax Service Kangaroo Pouch Lunchbox Catering LLC Namaste Fit, LLC Studio J Your Family Hair Salon US Nails LLC Workout Anytime Anna / M4 Anna LLC Your Healthcare / Y.H. Anna PLLC Page 134 of 385 Business Name Anna Area Historical Preservation Society Anna Family Healthcare / Janet S. Wheat Anna Food Mart / Mill and Bill, Inc. Anytime Fitness / Lonestar Fitness Center LLC Breaking Free Inc. / Gleen Scott Mormon Eiggam LLC / American Shaman CDC Recommendation $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Business Owner Name(s)N/A Janet S. Wheat, DNP, APRN, FNP-C Mohammad Awwal Sanketkumar Desai, Vrunda Desai Brandon Poteete, Director; Dr. Glen Scott Mormon Mary Bardroff Address 101 South Sherley / PO Box 254 813 . White Street #100 2513 N. Powell Parkway #500 804 S. Central Expressway 505 N. Powell Parkway 807 S. Central Expressway, Suite 260 Type of Business nonprofit 501 (c)(3)healthcare retail grocer gym nonprofit 501 (c)(3)retail CBD Uses for Grant Curriculum and documentation for the Anna Depot and museum; Need print materials and technology for storage and presentations; Online presence needs to be current; WiFi is needed rent, utilities rent, utilities, employees mortgage, utility rent, utilities rent, utilities Applications Applied for education and historic grants, but no economic relief PPP - approved $75,647 PPP - approved $23,771 EIDL - no response None PPP - approved $1,427 Revenue Change 70% decrease; cancelled April countywide Collin County Preservation Celebration and Awards banquet; cancelled pop up book and merchandise sales 50% decrease 20/25% decrease 100% loss of revenue March 20 - May 18; overall revenue down since reopening compared to last year Have had to become more creative with raising funds 70% loss of business Notes Phase I applicant - food related retail / grocery Phase I applicant - no sales tax Page 135 of 385 Essential Nail / H Pham Investments LLC First Baptist Church Great Clips / Radhe Kishan Inc. Greater Anna Chamber of Commerce JA Bills LLC / Liberty Tax Service Kangaroo Pouch Lunchbox Catering LLC Namaste Fit, LLC $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 Hai Pham / Hung Nguyen David LeBlanc, Pastor / Heather Fairman Radhe Kishan Kevin Hall Jody and Abby Bills Jessica Price and Rhonda Rubio Danielle Chapa Josh Greathouse 2010 W. White Street, Suite 150 213 W. 2nd Street 2530 W. White Street 312 N. Powell Parkway 817 W. White Street, Suite 200B 9090 CR 423 811 S. Interurban Unit C 811 S. Interurban, Unit B nail salon church salon nonprofit 501 (c)(6)tax prep, bookkeeping child care catering gym rent, utilites, payroll salaries, loan payment, utilities, insurance payroll, health insurance, rent, utilities, insurance, marketing, loyalty fees, PPE rent, annual insurance policy, payroll rent, utilities moving costs from Anna ISD location (permanently closed) to storage container rent, utilities, operating costs, marketing to new customers payroll, marketing, rent, utilities EIDL - $10,000 PPP - approved $32,700 and EIDL $5,000 PPP - approved for 10 locations $411,000 EIDL - $0; does not qualify for PPP or Collin County nonprofit grant PPP - approved for $13,000 but have not received money PPP - 2.5 months of payroll PPP - approved $3,400 EIDL- $1,000 lost approx. $60,000 in revenue March through May revenue declined 37% from previous 3 months; average monthly revenue decline 10% Closed March 20 - May 10th golf tournament postponed (6% revenue); optional membership of mostly small businesses has dropped significantly decline of 15% from last year, which expected to make up next month; more payroll costs due to tax deadline extension 40% decrease in attendance since early March 50% decrease 50% decrease Phase I applicant - no sales tax Phase I applicant - no sales tax; Address zoned residential Phase I applicant - no sales tax Page 136 of 385 Studio J Your Family Hair Salon US Nails LLC Workout Anytime Anna / M4 Anna LLC Your Healthcare / Y.H. Anna PLLC Italian Villa Anna $5,000 $5,000 $5,000 $5,000 No award at this time; Review new information at next CDC Meeting (7/30) Richard and Traci Curtis Anh T. Tran John Waskow Tracy Windham Viona Vraiqi 2010 W. White Street 2513 N. Powell 2010 W. White Street #140 2100 W. White Street, Suite 150 804 S. Central Expressway, Suite 212 salon salon gym healthcare restaurant gift to stylists and barber who lost 75% of their income; advertising, donated haircuts to Breaking Free and Anna ISD employee wages, rent, utilities, materials utilities, equipment, rent to pay off debt (credit card and line of credit) accumulated (used for payroll and bills) during the last 3 months due to reduced revenue utility bills, supply invoices, uniform services PPP - approved $36,000 EIDL - applied; TWC unemployment benefits PPP - approved $27,642 EIDL - $75,000 PPP - pending Lost over $20,000 in 7 week closure 85%100% loss of revenue from March 20 - May 18 Average per day patient visit dropped from 27 to 6 resulting in a 400% reduction in daily collections 50% decrease Phase I applicant - no sales tax Phase I applicant - no sales tax Agreement unsigned from Phase I; possible location change Page 137 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Development Plat: G2 Motorsports Park Addition, Block A, Lot 1 Applicant: Cecil A Cheshier, P.E. AGENDA ITEM: Approve a Resolution approving the Development Plat for G2 Motorsports Park Addition, Block A, Lot 1. SUMMARY: Motorsports Park on one lot on 180.6± acres located at the northeast corner of E Houston Street (FM 2862) and N Broadway Avenue. Located within the extraterritorial jurisdiction (ETJ). The purpose for the development plat is to construct a motorsports park and related site improvements. RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: Locator Exhibit Resolution Page 138 of 385 GRAYBILL RD FM 2862 S CHURCH ST COUNTY ROAD 526 N STATE HIGHWAY 121N CHURCH STE AUSTIN ST E HOUSTON ST COUNTY ROAD 528SHA LOM LNBROADWAY AVEI N G R A M D R STERLING DRALMA AVE OAK CREEK DR Proposed Site Parcels City Limits ETJ ¯ 0 750 1,50 0375FeetJune 2020 L:\Planning & Development\Project Review\G2 Motorsports Park Addition\Locator\Agenda M ap.mxd Development Plat- G2 Motorsports Park Addition Block A, Lot 1 Page 139 of 385 EXHIBIT A APPROVED July 6, 2020 P&Z COMMISSION CITY OF ANNA APPROVED July 14, 2020 CITY COUNCIL CITY OF ANNA Page 140 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE G2 MOTORSPORTS PARK ADDITION, BLOCK A, LOT 1, DEVELOPMENT 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, Cecil A. Cheshier, P.E. has submitted an application for the approval of the G2 Motorsports Park Addition, Block A, Lot 1, Development 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 G2 Motorsports Park Addition, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of July 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 141 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Final Plat: Mangum Addition, Block A, Lots 1 and 2 Applicant: David Surdukan AGENDA ITEM: Approve a Resolution approving the Final Plat for Mangum Addition, Block A, Lots 1 and 2. SUMMARY: Single-family dwelling, detached on two lots on 7.6± acres located at the northeast corner of Houston Street (FM 2862) and CR 480. Located within the extraterritorial jurisdiction (ETJ). The purpose of the final plat is to create two platted lots. RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: Locator Exhibit Resolution Page 142 of 385 FM 2862 FM 3133ADVENTURE WAYWESTOVER LNFAR WAYW HOUSTON ST N CHURCH STCOUNTY ROAD 480S CHURCH STCOUNTY ROAD 511B R Y N LE E JA M E S L N COUNTY ROAD 479DANNO LN PECAN HOLLOW CIR S BOWDEN AVEWELL STS GEORGIA AVEWESTMORELAND CIRProposed Site Parcels City Limits ETJ ¯ 0 1,00 0 2,00 0500FeetJune 2020 L:\Planning & Development\Project Review\Mangum Addition\Locator\Agenda M ap.mxd Final Plat- Mangum Addition Block A, Lots 1 and 2 Page 143 of 385 050100EXHIBIT A1 of 2APPROVEDJuly 6, 2020P&Z COMMISSIONCITY OF ANNA APPROVED July 14, 2020CITY COUNCIL CITY OF ANNAPage 144 of 385 EXHIBIT A2 of 2APPROVEDJuly 6, 2020P&Z COMMISSIONCITY OF ANNA APPROVED July 14, 2020CITY COUNCIL CITY OF ANNAPage 145 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF MANGUN ADDITION, BLOCK A, LOTS 1 & 2. 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 Surdukan has submitted an application for the approval of the Final Plat of Mangum Addition, Block A, Lots 1 & 2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Final Plat of Mangum Addition, Block A, Lots 1 & 2 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of July, 2020. ATTEST:APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 146 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Amending Plat: Pecan Grove, Phase II Applicant: Pecan Grove Phase II Ltd. AGENDA ITEM: Approve a Resolution approving the Amending Plat for Pecan Grove, Phase II. SUMMARY: 152 single-family dwelling, detached lots and four HOA lots on 37.8± acres located on the north side of Foster Crossing Road (CR 366), 1,337± feet west of CR 365. Zoned Planned Development-705-2015 (PD-SF-72) The purpose of the amending plat is to correct a scrivener’s error within the legal description of the recorded plat. RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: Locator Exhibit Resolution Page 147 of 385 HOLLY ST W FOSTER CROSSING RD W FINLEY BLVD S POWELL PKWYBOIS D ARC LN COUNTY ROAD 423CHERRY BLOSSOM ST HIGHLAND RDSILVER LEAF LNPEACH TREE LN PI S TA C H IO D R ZELKOVA BLVDCREPE MYRTLE LN JUNIPER ST ASPEN DRLUSCOMBE FARM DRREDWOOD STAZALEAS RUN DRE L D E R B E R R Y D R CEDAR ELM DR STRAWBERRY HILL LNMAJESTIC PALM STGARDENIA DRTEAKWOOD STProposed Site Parcels City Limits ETJ ¯ 0 500 1,00 0250FeetJune 2020 L:\Planning & Development\Project Review\Pecan Grove Phase 2\Locator\Agenda Map.m xd Amending Plat- Pecan Grove Phase II Page 148 of 385 TOTAL ACRES TOTAL LOTS LOCATION MAP OF IN THE COLLIN COUNTY, TEXAS PREPARED BY 200 W. BELMONT, SUITE E OWNER/APPLICANT 972-396-1200 ALLEN, TEXAS 75013 0 50 100 200 SCALE: 1" = 100' OUT OF THE CITY OF ANNA N.T.S. 214-522-4945 DALLAS, TEXAS 75225 8214 WESTCHESTER DRIVE, SUITE 710SH HWY 5CR 423RAILROADLOCATION PROJECT ABSTRACT NO. 839 EZRA SHELBY SURVEY ABSTRACT NO. 868 JAMES SLATER SURVEY R.C. INGRAHAM SURVEY, ABSTACT NO. 464 JAMES SLATER SURVEY ABSTRACT NO. 868 ABSTRACT NO. 464 R.C. INGRAHAM SURVEY ABSTRACT NO. 868 JAMES SLATER SURVEY FOSTER CROSSING RD.LESLIE BURL CAROL FOSTER CROSSING ROAD (CR 366) SHEET 1 OF 2 40' R.O.W. DEDICATION 40' R.O.W. DEDICATION TBPLS FIRM #10031700 TBPE FIRM #5951 CORWIN ENGINEERING, INC.20'20'(50' R.O.W.) (50' R.O.W.)(50' R.O.W.)(50' R.O.W.)(50' R.O.W.)80' R.O.W. •" IRF •" IRF (50' R.O.W.)(50' R.O.W.)(50' R.O.W.)OPEN SPACE B-1 - 20' WATER EASEMENT - 0.257 AC.0.220 AC. - OPEN SPACE D-1 - 20' WATER EASEMENT - 0.220 AC. 35'35' 50' LINE NO.BEARING DISTANCE 1. N 50°46'11" E 31.69' 2. N 43°40'24" W 21.15' 3. N 08°12'18" E 68.36' 4. S 79°03'48" E 52.99' LINE TABLE 37.809 152 POINT OF BEGINNINGREDWOOD STREETTEAKWOOD STREETZELKOVA BOULEVARDPECAN GROVE PHASE II, LTD. ENAL ELTRYM EPERC TEERTS YLLOH TEERTS YLLOH ENAL CRA'D SIOB YUCCA STREET•" IRF •" IRF Fnd. PK Nail PHASE II PECAN GROVESTRAWBERRY HILL LANEAZALEAS RUN DRIVE NOTES: U.E. - Utility Easements. B.L. - Building Line. 3. D.E. - Drainage Easements. at all boundary corners, block corners, points of curvature, points of tangency, and angle points in public right-of-way unless otherwise noted - Street Name Change IRF - Iron Rod Found W.E. - Water Easement IRS - Iron Rod Set 2. •" iron rods with "CORWIN ENGR. INC." yellow cap set at P.W.M.E. - Private Wall Maintenance EasementABSTRACT NO. 839EZRA SHELBY SURVEYABSTRACT NO. 464R.C. INGRAHAM SURVEYVAM - Visibility, Maintenance & Sidewalk Easements OPEN SPACE A-1 - 0.132 AC VOL. 5431, PG. 5242 MARC DOWNS & CAROL LEE DOC. NO. 20150318000293470 JOAN LESLIE LUSCOMBE DOC. NO. 20150318000293470 JOAN LESLIE LUSCOMBE DOC. NO. 19 9 6 0 6 2 4 0 0 0 5 2 6 0 3 0 1 .0 7 5 8 ACRE T RACT JA CKIE D. & JO YCE T HORNHIL L MAINTAINED BY HOA DEDICATED TO AND LANDSCAPE AREA 0.015 AC. 0.024 AC. BY HOA DEDICATED TO & MAINTAINED DEDICATED NATURE AREA TRACT 1 BLOCK K CHERRY BLOSSOM STREET CENTERLINE FOSTER CROSSING RD. Agency (FEMA) for Collin County, Texas, this property is within Zone X. Dated June 2, 2009 prepared by the Federal Emergency Management 5. According to Flood Insurance Rate Map (FIRM) Map No. 48085C0155J, dedicated to and maintained by the H.O.A. 4. Open Space lots (A-1, B-1, D-1, & M-1) are DOC. NO. 2016060700070870020' WATER EASEMENTDOC. NO. 2016060700070872020' WATER EASEMENT0.679 AC. MAINTAINED BY HOA OPEN SPACE/AMENITY CENTER LOT 1 BLOCK M Doc. No. 20154001395460, in the Deed Records of Collin County, Texas. 1. Bearings are referenced to a 30.837 acre tract, as described in DOC. NO. 20171227001695420 PECAN GROVE PHASE III, LTD. DOC. NO. 20180618000745620 CW-PECAN GROVE, LLC. FND. P/K NAIL10' U.E.10' U.E.5' P.W.M.E. 5' P.W.M.E. AMENDING PLAT JUNE 2020 SCALE: 1"=100' DOC. NO. 20170913001227190 0.091 ACRE TRACT MARC & CAROL DOWNS DOC. NO. 20170913001227150 0.423 ACRE TRACT JOAN LUSCOMBE SET P/K NAIL • " I RF•" IRF•" IRF •" IRF •" IRF •" IRF •" IRF•" IRF •" IRF •" IRF •" IRF •" IRF •" IRF•" IRF •" IRF •" IRF •" IRF •" IRF •" IRF ABSTRACT NO. 33 D.E.W. BABB SURVEY ABSTRACT NO. 464 R.C. SLATER SURVEY CURVE TABLE CURVE NO.DELTA RADIUS LENGTH BEARINGCHORD 1. 114°37'44" 50.00' 100.03' 84.16' N58°37'33"W 2. 05°31'04" 2975.00' 286.51' 286.40' N87°08'34"E 3. 04°12'42" 2085.00' 153.26' 153.23' N86°29'23"E 4. 02°33'55" 2085.00' 93.35' 93.35' N89°52'42"E 5. 22°19'54" 100.00' 38.98' 38.73' S09°45'41"W 6. 22°19'54" 100.00' 38.98' 38.73' N12°34'13"W 7. 163°24'29" 50.00' 142.60' 98.95' N46°19'36"E 8. 06°42'45" 325.00' 38.07' 38.05' N04°50'56"E 9. 02°43'54" 2395.00' 114.19' 114.17' S80°25'45"E 10. 09°36'34" 2395.00' 401.68' 401.21' S86°35'59"E 11. 01°55'23" 2230.00' 74.85' 74.84' S89°48'02"E 12. 03°34'09" 2230.00' 138.92' 138.90' S86°10'07"W 13. 05°31'04" 2830.00' 272.54' 272.44' S87°08'34"W 14. 04°33'31" 2605.00' 343.66' 343.41' N86°07'21"E 15. 06°15'09" 2395.00' 261.36' 261.23' N85°28'09"E 16. 05°41'19" 2540.00' 252.18' 252.07' S85°11'14"W 17. 07°33'31" 2460.00' 324.53' 324.30' S86°07'21"W 18. 07°33'31" 2315.00' 305.40' 305.18' N86°07'21"E 19. 06°15'09" 2685.00' 293.00' 292.86' N85°28'09"E 20. 08°44'47" 2830.00' 283.82' 283.71' S85°12'58"W 21. 07°33'31" 2170.00' 286.27' 286.07' S86°07'21"W 22. 01°27'29" 975.00' 24.81' 24.81' N89°10'22"E 23. 00°37'27" 2025.00' 22.06' 22.06' N89°35'23"E 24. 06°56'04" 2025.00' 245.09' 244.94' N85°48'37"E 25. 01°28'01" 2975.00' 76.17' 76.17' N83°04'36"E 26. 04°47'08" 2975.00' 248.48' 248.40' N86°12'10"E 27. 00°28'53" 2975.00' 25.00' 25.00' N88°50'11"E 10' U.E. FND. P/K NAIL 10.0 ACRE TRACT DOC. NO. 20161208001663960 TY & SAIRA OSMANI 1 1 1 1 1 1 1 1 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 2 3 4 5 6 789 9 10 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 10 11 12 13 14 151617 1819 202122232425262728 234 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 3 4 5 6 7 8 9 10 11 12 13 14 151617 18 19 20 2122232425262728 2 3 4 5 6 7 8 9 10 11 12 13 14 151617 18 19 202122232425262728 A A B C C D E 10 F F G J J K 2 1 L 3 4 2 3 4 5 6 7 1 20' B.L.20' B.L.20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L.20' B.L.20' B.L.20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L. 20' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.10' B.L.20' B .L .10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.15' B .L .15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.20' B.L.20' B.L.20' B.L.D.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.M.W.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.M.W.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.W.M.E. 5' P.M.W.E.5' P.M.W.E.VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 5' P.M.W.E. VAM 5'X25'2 VAM 5'X25'2 5' P.M.W.E. VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 VAM 5'X25'2 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E.10' U.E.10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E. 10' U.E.10' U.E.10' U.E. 10' U.E. 10' U.E.10' U.E.10' U.E. 10' U .E .5' U.E. 5' U.E.5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E. 5' U.E.10' B.L.&U.E.10' U.E. 10' U.E. 210.86' S89°54'55"W 178.92'20.91' N79°03'48"W170.00'5 2 .99' 68.74' S08°12'18"W 120.00'120.00'120.00'120.00'""""""""""120.00'118.70'117.03'65.64'59.56'60.00'59.95'47.67'12.33'64.23'63.51'63.51'63.51'19.17'40.72'59.58'59.58'59.58'64.37' 65.83'60.00' 60.00'60.00' 24.90' 35.75' 62.74' ""65.00'60.00'60.00'60.00'45.27' 15.40' 62.74'120.03'120.00'"""""67.54'60.00'60.00'60.00'45.27'14.59'59.45' 59.45' 59.45' 59.45' 33.88'26.00'62.66'62.66'62.66'69.86'120.00'""""""65.12'40.69'21.58'2.59'57.68'60.00'47.67'12.33'60.00' 60.00' "" 18.11'42.44'62.10'62.10'62.10'68.16'120.00'73.92'62.98' 7 .35' 62 .98' " " " " "120.01'69.24'60.00' 60 .00' 7 .01'52 .99' " " " " "120.00'""""""120.00'120.00'139.21'136.79'132.71'140.00'79.75'64.25'64.25'64.25' 74.97 '140.01'73.57'1.28'59.19'60.56'60.73'77.15'41.25'41.00'43.23'120.00'69.47'62.00'62.00'62.00'70.94'120.01'62.00'62.00'62.00'71.64' 32 .09' 87 .99 '8.37'35.15'43.22'62.04'117.77' 122.03'62.19'64.00'6.7 9'52.58'51.28'38.74'64.15'52.58'57.28'99.50'40.10'142.22'70.02'60.01'60.01'60.01'86.04'47.76'19.96'24.20'67.23'60.00'60.00'60.00'32.69'142.44'141.11'139.77'138.44'128.07'133.82' 126.41' 69.39'62.34' 62.34' 62.34' 8.86'50.78' 60.00' 60.00'"" 17.92' 42.08'67.13'60.00'60.00'60.00'120.03'64.59'60.00'60.00'60.00'18.84'63.08' 63.08' "" 53.39'8.46'59.53'59.53'59.53'65.13' 65.64'60.00' 60.00' 53.45' 6.55' 62.42' 62.42'""" 21.71'39.13'65.00'60.00'60.00'60.00' 60.00'60.00'60.00'120.03'67.54'39.13' 20.70' 59.52' 59.52'""" 6.25'56.10'62.98'62.98'70.13'120.01'120.01'120.00'"""""""""120.00'""120.00'"""""""""""120.00'140.01'120.01'120.00'""120.00'120.01'120.01'120.01'120.00'""""120.00' 69.32' 59.44'1.33'60.66'62.11' 62.11'62.11'37.12'23.16'60.00'65.00'120.03'60.00'60.98'60.00'60.00'60.00' 65.00'62.86'19.94'43.05'62.77'61.12'60.00'60.00'60.00'63.09'63.18'59.79'43.43'15.52'58.94'64.45' 74.69' 62.83'1.41'58.19'59.58' 59.58'59.58'35.61'24.33'60.00'67.54'60.00'59.81'60.00' 70.00'60.00'72.54'60.00' """""120.00'137.51'132.20'"127.38'"123.77'"121.36'"120.00'"120.00'70.00'60.00'29.70'30.30'60.01' 18.25'60.19' 60.11'60.05' 41.99'84.43'45.85'20.04'70.07' 22.49'38.27'62.64'62.64' 60.00' 60.00'""" 67.54'60.00'60.00'60.00'35.53' 24.47'120.03'33.71'75.95'60.00'60.00' 60.00'60.00' 70.00' 70.00'120.00'120.00'120.00'120.00'110.57'117.14'27.54'30.14' 49.84'120.15'"215.46'461.78'167.15'43.72' 112.00' 115.00' " " " " " " " "75.11'60.00'60.00'26.86'20.06'""""""""""74.64'60.00'""""60.00'228.01'130.70' C 1 C2 C3 C4 C5C5C6C6C7 C8C9 C10 C11 C12C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 L1 L2L3 L4 140.00'140.00'139.24'135.96'131.96'128.00'120.12'121.42'124.15'120.00'120.00'""185.41'120.06'122.85'121.68'60.19' 60.19' 75.06'60.17'60.33'21.28'54.28' 75.24' 75.24'124.82'126.26'125.87'N85°10'38"E 371.20' 6.77' 20.07'60.00'60.00'112.00' 112.00'120.52'51.83'70.76' " " 60.00' 60.00' 20' W.E. 214.15' 115.00'114.96'117.68'116.14'114.93'"114.99'115.00'64.00'62.70'62.70'61.70'36.71'24.45' 24.50' 64.04'61.60' 64.00'62.70' 63.81'61.62'63.98'62.70'62.81' EASEMENT 1.00' 24.01'120.00'120.00'120.00'120.00'""""119.27'114.90'114.87'165.00'8.00' S88°26'37"W 3.00' N88°41'17"E 47.12' N25°47'30"W 56.76' N31°31'47"W 85.52' S89°54'06"W 40.00' N00°05'53"W 101.77' N49°55'47"W 42.08' = 03°24'15" R= 3120.00' L= 185.38' C= 185.35' B= N86°15'06"E = 01°11'32" R= 3000.00' L= 62.42' C= 62.42' B= N88°28'37"E = 11°46'38" R= 2540.00' L= 522.10' C= 521.18' B= S84°57'07"E C27 10' B.L.& U.E.15' ACCESS EXHIBIT A PAGE 1 OF 2 APPROVED July 6, 2020 P&Z COMMISSION CITY OF ANNA APPROVED July 14, 2020 CITY COUNCIL CITY OF ANNA Page 149 of 385 OF IN THE COLLIN COUNTY, TEXAS PREPARED BY 200 W. BELMONT, SUITE E OWNER/APPLICANT 972-396-1200 ALLEN, TEXAS 75013 OUT OF THE CITY OF ANNA 214-522-4945 DALLAS, TEXAS 75225 8214 WESTCHESTER DRIVE, SUITE 710 R.C. INGRAHAM SURVEY, ABSTACT NO. 464 JAMES SLATER SURVEY ABSTRACT NO. 868 SHEET 2 OF 2 TBPLS FIRM #10031700 TBPE FIRM #5951 CORWIN ENGINEERING, INC. PECAN GROVE PHASE II, LTD. PHASE II PECAN GROVEWARREN L. CORWIN 4621 I E G STAT RE OFLA NDRP OF TEX A SSTE RED SURVEYORESSIONAL AMENDING PLAT NOTARY PUBLIC, STATE OF TEXAS Given under my hand and seal of office, this day of , 2020. purpose and consideration therein expressed and in the capacity therein stated. subscribed to the foregoing instrument, and acknowledged to me that he executed same for the personally appeared WARREN L. CORWIN, known to me to be the person whose name is Before me, the undersigned, a Notary Public in and for the State of Texas, on this day COUNTY OF COLLIN THE STATE OF TEXAS R.P.L.S. No. 4621 WARREN L. CORWIN with the subdivision Regulations of the City of Anna, Texas. corner monuments shown thereon were properly placed under my personal supervision in accordance I prepared this Amending Plat and the field notes from an actual and accurate survey of the land, that the KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that SURVEYOR'S CERTIFICATE My Commission Expires: Notary Public in and for County GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. in the capacity herein stated and the act and deed of said company. name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same day personally appeared JOHN ARNOLD, known to me to be the person or persons whose BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this COUNTY OF COLLIN STATE OF TEXAS: John Arnold, Authorized Signer By: a Texas corporation, its General Partner By: Pecan Grove Phase II GP Corporation, a Texas limited partnership PECAN GROVE PHASE II, LTD. WITNESS my hand this the day of , 2020. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. their respective systems without the necessity at any time of procuring permission from anyone. inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of egress to or from their respective easements for the purpose of constructing, reconstructing, The City of Anna and public utility entities shall at all times have the full right of ingress and with the construction, maintenance, or efficiency of their respective systems in said easements. trees, shrubs, or other improvements or growths which may in any way endanger or interfere shall have the right to remove and keep removed all or parts of any buildings, fences, to the public's and City of Anna's use thereof. The City of Anna and public utility entities the easement limits the use to particular utilities, said use by public utilities being subordinate mutual use and accommodation of all public utilities desiring to use or using the same unless the purposes indicated on this plat. In addition, utility easements may also be used for the The easements and public use areas, as shown, are dedicated for the public use forever, for the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. an addition to the City of Anna, Texas, and do hereby dedicate, in fee simple, to the public use forever, hereby adopt this amending plat designating the hereinabove described property as PECAN GROVE PHASE II, THAT, PECAN GROVE PHASE II, LTD., is acting herein by and through thier duly authorized officers, does NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: OWNER'S CERTIFICATIONS CITY SECRETARY MAYOR OF ANNA, TEXAS. APPROVED THIS DAY OF 20 , BY THE CITY COUNCIL OF THE CITY JUNE 2020SAXET FO ETA TS CILBUP YRATO NExpires March 26, 2024 My Notary ID 126048221 MARIA HALLFORD distance of 216.91 feet, to the POINT OF BEGINNING and containing 37.809 acres of land. THENCE, South 02°46'19" West, continuing along said east line and with the west line of said 1.0758 acre tract, for a at the northwest corner of said 1.0758 acre tract, as described in Doc. No. 19960624000526030, in said Deed Records; THENCE, South 02°25'47" East, continuing along said east line, for a distance of 178.92 feet, to a 1/2 inch iron rod found THENCE, South 08°12'18" West, continuing along said east line, for a distance of 68.74 feet, to a 1/2 inch iron rod found; THENCE, North 79°03'48" West, continuing along said east line, for a distance of 20.91 feet, to a 1/2 inch iron rod found; inch iron rod found; THENCE, South 10°56'12" West, along the east line of said Pecan Grove Phase II, for a distance of 170.00 feet, to a 1/2 at the most easterly northeast corner of said Pecan Grove Phase II; THENCE, South 79°03'48" East, continuing along said north line, for a distance of 52.99 feet, to a 1/2 inch iron rod found South 84°57'07" East - 521.18 feet), to a 1/2 inch iron rod found at the point of tangency; THENCE, continuing along said north line and with said curve to the right for an arc distance of 522.10 feet (Chord Bearing on a curve to the right, having a radius of 2540.00 feet, a central angle of 11°46'38"; THENCE, South 01°24'16" East, continuing along said north line, for a distance of 460.02 feet, to a 1/2 inch iron rod found North 88°28'37" East - 62.42 feet), to a 1/2 inch iron rod found; THENCE, continuing along said north line and with said curve to the right for an arc distance of 62.42 feet (Chord Bearing on a non-tangent curve to the right, having a radius of 3000.00 feet, a central angle of 01°11'32"; THENCE, South 00°13'20" East, continuing along said north line, for a distance of 120.06 feet, to a 1/2 inch iron rod found 86°15'06" East - 185.35 feet), to a 1/2 inch iron rod found; THENCE, continuing along said north line and said curve to the right for an arc distance of 185.38 feet (Chord Bearing North being on a non-tangent curve to the right, having a radius of 3120.00 feet, a central angle of 03°24'15"; THENCE, North 85°10'38" East, continuing along said north line, for a distance of 371.20 feet, to a 1/2 inch iron rod found for a distance of 465.63 feet, to a 1/2 inch iron rod found at the southeast corner of said 10.00 acre tract; THENCE, North 88°28'14" East, along the north line of said Pecan Grove Phase II and the south line of said 10.00 acre tract, described in Doc. No. 20161208001663960, in said Deed Records; iron rod found at the northwest corner of said Pecan Grove Phase II and being in the south line of a 10.00 acre tract, as THENCE, North 01°18'43" West, along the west line of said Pecan Grove Phase II, for a distance of 165.00 feet, to a 1/2 inch iron rod found at the northwest corner of said 0.091 acre tract and being in the west line of said Pecan Grove Phase II; THENCE, South 88°26'37" West, along the north line of said 0.091 acre tract, for a distance of 8.00 feet, to a 1/2 inch found at the northeast corner of said 0.091 acre tract; THENCE, North 01°18'43" West, continuing along said east line, for a distance of 374.64 feet, to a 1/2 inch iron rod iron rod found; THENCE, North 88°41'17" East, along the east line of said 0.091 acre tract, for a distance of 3.00 feet, to a 1/2 inch 20170913001227190, in said Deed Records, and continuing for a total distance of 471.83 feet, to a 1/2 inch iron rod found; northeast corner of said 0.423 acre tract and being the southeast corner of a 0.091 acre tract, as described in Doc. No. THENCE, North 01°18'43" West, continuing along said east line, at 273.99 feet, passing a 1/2 inch iron rod found at the THENCE, North 25°47'30" West, continuing along said east line, for a distance of 47.12 feet, to a 1/2 inch iron rod found; THENCE, North 31°31'47" West, continuing along said east line, for a distance of 56.76 feet, to a 1/2 inch iron rod found; THENCE, North 49°55'47" West, continuing along said east line, for a distance of 101.77 feet, to a 1/2 inch iron rod found; rod found; THENCE, South 89°54'06" West, along the east line of said 0.423 acre tract, for a distance of 85.52 feet, to a 1/2 inch iron for a distance of 40.00 feet, to a 1/2 inch iron rod found; THENCE, North 00°05'53" West, departing said south line and said centerline and with the east line of said 0.423 acre tract, corner of a 0.423 acre tract, as described in Doc. No. 20170913001227150, in said Deed Records; THENCE, South 89°54'07" West, continuing along said lines, for a distance of 677.23 feet, to a PK Nail set at the southeast THENCE, South 89°54'55" West, continuing along said lines, for distance of 210.86 feet, to a PK Nail found; of 470.23 feet, to a PK Nail found; THENCE, South 89°53'19" West, along the south line of said Pecan Grove Phase II and with said centerline, for a distance in the Deed Records of Collin County, Texas; centerline of County Road 366 also being the southwest corner of a 1.0758 acre tract, as described in Doc. No. 19960624000526030, BEGINNING, at a 1/2 inch iron rod found at the southeast corner of said Pecan Grove Phase II and being in the approximate as follows: Phase II, as described in Doc. No. 2019-647 in the Plat Records in Collin County Texas, and being more particularly described 464 and the James Slater Survey, Abstract No. 868, in the City of Anna, Collin County, Texas, being part of Pecan Grove WHEREAS, PECAN GROVE PHASE II, LTD., is the owner of a tract of land situated in the R.C. Ingraham Survey, Abstract No. LEGAL DESCRIPTION EXHIBIT A PAGE 2 OF 2 APPROVED July 6, 2020 P&Z COMMISSION CITY OF ANNA APPROVED July 14, 2020 CITY COUNCIL CITY OF ANNA Page 150 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDING PLAT FOR PECAN GROVE, PHASE II. 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 the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Pecan Grove Phase II Ltd, has submitted an application for the approval of an Amending Plat for Pecan Grove, Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Amending Plat for Pecan Grove, Phase II attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of July 2020. ATTEST:APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 151 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Development Plat: The KCM Addition, Block A, Lot 1 Applicant: David Surdukan AGENDA ITEM: Approve a Resolution approving the Development Plat for The KCM Addition, Block A, Lot 1. SUMMARY: Single-family dwelling, detached and truck parking lot on one lot on 2.9± acres located on the north side of State Highway 121, 3,432± feet west of FM 455. Located within the extraterritorial jurisdiction (ETJ). The purpose of the development plat is to allow for the construction of the proposed building. RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: Locator Exhibit Resolution Page 152 of 385 SAM RAYBURN MEMORIAL HWYCOUNTY ROAD 475C O U N T Y R O A D 4 7 2E FM 455Proposed Site Parcels City Limits ETJ ¯ 0 500 1,00 0250FeetJune 2020 L:\Planning & Development\Project Review\The KCM Addition\Locator\Agenda M ap.mxd Development Plat- The KCM Addition Block A, Lot 1 Page 153 of 385 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X23.3'24.5'170.9'129.4'30.7'63.6'EXHIBIT AAPPROVEDJuly 6, 2020P&Z COMMISSIONCITY OF ANNA APPROVED July 14, 2020CITY COUNCIL CITY OF ANNAPage 154 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE KCM ADDITION BLOCK A, LOT 1, DEVELOPMENT 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 Surdukan has submitted an application for the approval of The KCM Addition, Block A, Lot 1, Development 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 KCM Addition, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of July 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 155 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Alternative Screening Material Request: Victoria Falls Center Addition, Block A, Lot 1 Applicant: David Cox AGENDA ITEM: Approve a Resolution approving the use of R-panel as an alternative screening material for rooftop mechanical and heating and air conditioning equipment. SUMMARY: Section 9.04.039 Screening Device Requirements states that mechanical and heating and air conditioning equipment in nonresidential and multifamily uses shall be screened from view from the public right-of-way and from adjacent residential property. It also states that the screening material must be masonry, living screen, or combination. The equipment to be screened is located on top of an existing building. The applicant is requesting to use metal R panel. The excerpt below explains the variance process. “A variance from the regulations in this article may be recommended by the planning and zoning commission to the city council for final approval only if: (A) Unique circumstances exist on the property that make application of specific items in this article unduly burdensome on the applicant; (B) The variance will have no adverse impact on current or future development; (C) The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses; (D) The variance will have no adverse impact on the public health, safety, and general welfare; and (E) A financial hardship shall not be considered a basis for the granting of a variance.” Staff finds that this section does not provide clear direction for roof-mounted equipment and should be revised in the future. Staff finds the proposed metal R panel screening will have no adverse impact on development, is in keeping with the spirit of the zoning regulations, and will not negatively impact the public health, safety, and general welfare. RECOMMENDATION: Planning & Zoning Commission recommended granting a variance to allow R panel as a nonresidential screening material for rooftop mechanical and heating and air conditioning equipment for Victoria Falls Center Addition, Block A, Lot 1. Page 156 of 385 ATTACHMENTS: Letter of Request Exhibit Page 157 of 385 Active Industrial Member of the SOCIETY OF INDUSTRIAL AND OFFICE REALTORS June 29, 2020 Planning and Zoning Commission City of Anna PO Box 776 Anna, Texas 75409-0776 RE: Variance Request for an Alternate Screening Device at Sunview Cafe at 2010 W. White Street Dear Commissioners, We are requesting a variance for Sunview Café, located at 2010 W. White Street, to install an alternate screening device around their rooftop mechanical equipment. Sunview Café would like approval to enclose the rooftop equipment with 36” - 40” tall beige metal R panel, as depicted in the enclosed photo. The Zoning Ordinance requires mechanical, heating and air conditioning equipment in nonresidential uses be screened from view from the public right-of-way and from adjacent residential property by a 6’ minimum masonry wall or wrought iron fence with living screen, or by an alternate equivalent screening device as approved by the commission. Thank you very much for your consideration. If you have any questions, please contact me at 972-333- 3900 or dcox@careycoxcompany.com. Respectfully, David Cox CAREY COX COMPANY PO Box 977 McKinney, Texas 75070 (972) 562-8003 www.careycoxcompany.com Page 158 of 385 Page 159 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ALTERNATIVE SCREENING FOR ROOFTOP MECHANICAL AND HEATING AND AIR CONDITION EQUIPMENT FOR VICTORIA FALLS CENTER ADDITION, BLOCK A, LOT 1. 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 9.04 the Anna City Code of Ordinances (“Zoning Ordinance”); and WHEREAS, David Cox has submitted a request to allow for alternative screening material for rooftop mechanical and heating and air condition equipment for Victoria Falls Center Addition, Block A, Lot 1. 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 Alternative Screening. The City Council hereby approves the use of R panel as an alternative screening material for rooftop mechanical and heating and air condition equipment for Victoria Falls Center Addition, Block A, Lot 1. The R panel shall closely match the color of the building and be of a minimum height to screen equipment from view from the public right-of-way and from adjacent residential property. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of July 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 160 of 385 Item No. 8.m. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Approve a Resolution establishing the City of Anna Diversity and Inclusion Advisory Board (Assistant City Manager Ryan Henderson) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.Resolution establishing a Diversity and Inclusion Advisory Board APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 161 of 385 City of Anna, Texas Resolution No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO._________________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS CREATING THE ANNA DIVERSITY AND INCLUSION ADVISORY COMMISSION; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE COMMISSION. WHEREAS, the City Council of the City of Anna (the “City Council”) has determined that there exists a need in the City of Anna (the “City”) for facilitation of community dialog, representation of diverse neighbor voices, review of policies and services as they pertain to supporting all members of the community, and creation of events and programming within the City that purposefully engages with all neighbors; and WHEREAS, the City Council has determined that the creation of a diversity and inclusion advisory commission will assist the City in its efforts to engage with and support its community; and WHEREAS, the City Council believes that the adoption and enforcement of these regulations will significantly increase and enhance the quality of life for residents of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Commission Created. The Anna Diversity and Inclusion Advisory Commission (the “Commission”) is hereby created. Section 2. Membership; Organization; Compensation. 2.01 Membership. The Commission shall consistent of 11 members. Each member must be a resident of the City and a qualified voter in the City. Members are appointed by the City Council for a term of two years, but serve strictly at the pleasure of the City Council, who may remove any member at any time with or without cause. A person may not serve on the Commission for more than three full terms. Vacancies shall be filled by the City Council for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The terms of members filling places 1, 3, 5, 7, 9, and 11 shall expire on May 31 of each odd-numbered year and the terms of members filling places 2, 4, 6, 8, and 10 shall expire on May 31 of each even-numbered year. Commission members may be appointed to succeed themselves. Notwithstanding any other provision of this resolution, a Commission member shall continue to serve after the expiration of the member’s term until the Council removes the member or appoints a succeeding Page 162 of 385 City of Anna, Texas Resolution No. ____________ Page 2 of 2 member. Newly appointed members shall be installed at the first Commission meeting after their appointment. The City Council may appoint one or more liaisons to attend meetings of the Commission and the liaisons shall be considered ex-officio members and shall not vote on matters considered by the Commission. 2.02 Organization. The Commission shall hold an organizational meeting in July of each year or as soon thereafter as reasonably practicable. The Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this resolution and the requirements of law. The Commission shall elect a chairperson and vice chairperson from its own membership at its annual organizational meeting. Meetings of the Commission may be held at the call of the chair, or in his/her absence, the vice-chair. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The minutes shall become official records of the City upon approval of the minutes by the City Council. A quorum for the conduct of business shall consist of six members of the Commission. 2.03 Compensation. Members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties and authorized by the City Council or City Manager. Section 3. Duties and Responsibilities. The Commission is purely advisory in nature with no decision-making or policy-making authority, and any action or omission by the Commission is not binding on the City. The Commission is hereby charged with the duties and responsibilities to provide recommendations to the City Council and City staff as requested from time to time in matters relating to the City’s diversity and equity strategies that strengthen connections among diverse community groups with City government. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of July 2020. ATTEST: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor Page 163 of 385 Item No. 8.n. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact: AGENDA ITEM: Approve a Resolution amending the Sherley Tract Subdivision Improvement Agreement by amending the minimum lot area requirement for SF-60 lots from five thousand (5,000) square feet to six thousand (6,000) square feet. (Director of Development Services Ross Altobelli) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.Council - STAFF REPORT - SHERLEY TRACT SIA AMENDMENT 2.1st AMEND SHERLEY TRACT SIA (final for execution) 7-1-20 APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 7/10/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 164 of 385 CITY OF ANNA CITY COUNCIL July 14, 2020 Sherley Tract Subdivision Improvement: First Amendment Applicant: MM Anna 325, LLC AGENDA ITEM: Approve a Resolution amending the Sherley Tract Subdivision Improvement Agreement. SUMMARY: The purpose of the amendment is to correct a scrivener’s error in Appendix 1 (Zoning District Area Regulations) of Exhibit D (Development Standards) within the Sherley Tract Subdivision Improvement Agreement. The SF-60 zoning district area regulations require a min. lot width of 50 feet and min. lot depth of 100 feet which would total a lot area of 5,000 square feet. The lot area was incorrectly identified as 6,000 square feet. RECOMMENDATION: Recommend amending the minimum lot area requirement for SF-60 lots FROM six thousand (6,000) square feet TO five thousand (5,000) square feet within Exhibit D, Appendix 1, of the Sherley Tract Subdivision Improvement Agreement. ATTACHMENTS: Resolution Page 165 of 385 FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT This First Amended Sherley Tract Subdivision Improvement Agreement (this “First Amendment”) is entered into between the CITY OF ANNA, TEXAS, (the “City”), and MM Anna 325, LLC, a Texas limited liability company (“Developer”): RECITALS WHEREAS, the Developer and the City are sometimes individually referred to as a “Party” and collectively as the “Parties”; and WHEREAS, this First Amendment amends that certain Sherley Tract Subdivision Improvement Agreement entered into between the City and the Developer, effective as of June 9, 2020 (the “Original Agreement”); and WHEREAS, the Original Agreement is only modified as expressly set forth in this First Amendment and the Original Agreement otherwise remains in full force and effect; and WHEREAS, the Original Agreement incorrectly states the Development Standards for the minimum lot area requirement for SF-60 lots to be six thousand (6,000) square feet instead of five thousand (5,000) square feet in Exhibit D to the Original Agreement; and WHEREAS, the City and the Developer desire to memorialize the revision to Exhibit D to the Development Agreement to amend the minimum lot area requirement for SF-60 lots to be five thousand (5,000) square feet instead of six thousand (6,000) square feet as shown in Exhibit 1 attached hereto; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Developer agree as follows: AMENDMENT 1.Amendment to Exhibit D. The City and the Developer agree that the fourth (4th) page of Exhibit D to the Original Agreement is hereby amended to reduce the minimum lot area requirement for SF-60 lots from six thousand (6,000) square feet to five thousand (5,000) square feet as shown on Exhibit 1 attached hereto. This First Amendment amends the Original Agreement in no other manner except as expressly set forth herein. All capitalized terms used in this First Amendment, to the extent not otherwise expressly defined herein, shall have the meanings ascribed to them in the Original Agreement. The Developer and the City further agree that all other terms and provisions of the Original Agreement that are not modified hereby shall remain in full force and effect. Page 166 of 385 FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON JULY 14, 2020: CITY OF ANNA By:______________________________ Name:Nate Pike Title:Mayor Date: APPROVED AS TO FORM Name:Clark McCoy Title:City Attorney STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ____ day of July, 2020 by Nate Pike, Mayor of the City of Anna, Texas on behalf of said City. Notary Public, State of Texas (SEAL) Name printed or typed Commission Expires: Page 167 of 385 FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 DEVELOPER: MM Anna 325, LLC, a Texas limited liability company By:MMM Ventures, LLC, a Texas limited liability company Its Manager By:2M Ventures, LLC, a Delaware limited liability company Its Manager By:______________________________ Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of July, 2020 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager of MMM Ventures, LLC, as Manager of MM Anna 325, LLC, a Texas limited liability company on behalf of said company. ___________________________________ Notary Public, State of Texas Page 168 of 385 FIRST AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 EXHIBIT 1 Zoning District Area Regulations Page 169 of 385 Item No. 9.a. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Greg Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the Mayor to issue a Letter of Support to State Senator Pat Fallon, State Representative Justin Holland, and State Representative Scott Sanford to implement sign changes on US 75 for US 75 Exit 48A Farm to Market Road 455, to change sign street name from "Anna - Weston Road" to "White Street." (Director of Public Works Greg Peters) SUMMARY: This item authorizes the Mayor to send a letter to our elected officials requesting support in making sign changes on US 75 to properly reflect the correct name of FM 455 in Anna as White Street. The City of Anna desires for TxDOT to make a sign change on US 75 at exit 48A in order to properly honor Charles Ell White, whom FM 455 White Street is named for in the City of Anna. Mr. White served our Country in World War II as a B-24 pilot in the Army Air Corps. His plane was shot down over Romania in 1944, and he spent the remainder of the war as a POW in Bucharest, Romania. Following his distinguished service to our great nation, he returned to Anna, Texas, where he spent the remainder of his life serving his community as a City Councilman, School Board Trustee, and volunteer firefighter. Mr. White’s contributions to our country and our community were recognized by the City of Anna when FM 455 was formally named White Street. Currently the signs on US 75 for exit 48A state “Anna-Weston Road,” which is not the given road name for this section of FM 455. During the recent widening of US 75 through our community TxDOT did not consult with the City on the proper name for this exit. In addition, TxDOT does not appear to have considered the formal name of the road as shown on common transportation apps, such as Google Maps, Waze, and others. In addition, it appears TxDOT did not review the formal addressing of our local businesses on FM 455 White Street. The City has contacted Texas Department of Transportation Dallas District Engineer Page 170 of 385 Mo Bur and requested the signs to be changed. Mr. Bur has offered the City with the option to pay to either replace the signs at a cost of $65,000, or to pay a lesser sum to place a patch on the signs with the name “White St.” The City feels that it is the responsibility of TxDOT to make this correction with the means, methods, and funds they have available. As such, these letters are recommended by staff to be sent in order to build support and seek action on this item from our elected officials at the State level. FINANCIAL IMPACT: None at this time. The request is for TxDOT to cover the costs of the requested changes. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of the Resolution as presented. ATTACHMENTS: 1.White Street Resolution and Exhibits Final APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 7/7/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 171 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. 2020-__-__ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO SEND LETTERS REQUESTING SUPPORT F ROM SENATOR PAT FALLON, REPRESENTATIVE SCOTT SANFORD, AND REPRESENTATIVE JUSTIN HOLLAND TO CHANGE THE SIGNS FOR EXIT 48A ON US 75 TO INCLUDE THE CORRECT NAME FOR FM 455 WHITE STREET, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing signs on US 75 for exit 48A state “FM 455 Anna-Weston Road,” and; WHEREAS, FM 455 in the City of Anna has been formally named “White Street,” and; WHEREAS, the City is seeking support from elected officials at the State level to direct TxDOT to change the exit signs to reflect the proper name of the road , and; WHEREAS, changing the exit signs to reflect the proper name of the road is necessary to properly honor Charles Ell White, and; WHEREAS, changing the exit signs to reflect the proper name of the road is beneficial to small businesses located on White Street, and; 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 Mayor to sign and issue letters 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__. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Page 172 of 385 EXHIBIT “A” Page 173 of 385 111 North Powell Parkway Anna, TX 75409 Phone: 972-924-3325 www.annatexas.gov July 15, 2020 The Honorable Pat Fallon Texas State Senate, District 30 100 W. Houston Street Suite #3, 2nd Floor Sherman, TX 75090 Dear Senator Fallon, The City of Anna is seeking your support in our request for TxDOT to make a sign change on US 75 at exit 48A in order to properly honor Charles Ell White, whom FM 455 White Street is named for in the City of Anna. Mr. White served our Country in World War II as a B-24 pilot in the Army Air Corps. His plane was shot down over Romania in 1944, and he spent the remainder of the war as a POW in Bucharest, Romania. Following his distinguished service to our great nation, he returned to Anna, Texas, where he spent the remainder of his life serving his community as a City Councilman, School Board Trustee, and volunteer firefighter. Mr. White’s contributions to our country and our community were recognized by the City of Anna when FM 455 was formally named White Street. Currently the signs on US 75 for exit 48A state “Anna-Weston Road,” which is not the given road name for this section of FM 455. In our research we have been unable to find any reference to a formal designation of FM 455 as Anna-Weston Road by Collin County, the City of Anna, or TxDOT. During the recent widening of US 75 through our community TxDOT did not consult with the City on the proper name for this exit. In addition, TxDOT does not appear to have considered the formal name of the road as shown on common transportation apps, such as Google Maps, Waze, and others. In addition, it appears TxDOT did not review the formal addressing of our local businesses on FM 455 White Street. Had TxDOT considered these important factors, we believe the signs on US 75 for this exit would have shown White Street instead of Anna -Weston Road. The City has contacted Texas Department of Transportation Dallas District Engineer Mo Bur and requested the signs to be changed. Mr. Bur has offered the City with the o ption to pay to either Page 174 of 385 replace the signs at a cost of $65,000, or to pay a lesser sum to place a patch on the signs with the name “White St.” As a community we feel that it is the responsibility of TxDOT to make this correction with the means, methods, and funds they have available. In addition to our desire to honor Charles Ell White, we are deeply concerned regarding the impact the current signage has on our local businesses. All of the small businesses located on FM 455 White Street in Anna carry the formal address name of White Street. We are very concerned that the confusion brought about by the current signs will negatively impact traffic to our small businesses when motorists do not see the road name they are looking for on exit signs. This may create missed opportunities for our local businesses to provide sales and service to customers outside our community. Supporting our small businesses is a priority for the City of Anna, and we fully recognize your unwavering commitment to supporting all small businesses in our great State. Given the current situation regarding COVID-19, we want to make sure small businesses receive all the support available. We respectfully request your support and assistance in making this simple, yet important change to the signs on US 75 for exit 48A. Thank you for your time and consideration on this matter. We greatly appreciate your service to our community. Respectfully submitted, Nate Pike, Mayor Page 175 of 385 111 North Powell Parkway Anna, TX 75409 Phone: 972-924-3325 www.annatexas.gov July 15, 2020 The Honorable Scott Sanford Texas State House, District 70 115 West Virginia Street Suite #103 McKinney, Texas 75069 Dear Representative Sanford, The City of Anna is seeking your support in our request for TxDOT to make a sign change on US 75 at exit 48A in order to properly honor Charles Ell White, whom FM 455 White Street is named for in the City of Anna. Mr. White served our Country in World War II as a B-24 pilot in the Army Air Corps. His plane was shot down over Romania in 1944, and he spent the remainder of the war as a POW in Bucharest, Romania. Following his distinguished service to our great nation, he returned to Anna, Texas, where he spent the remainder of his life serving his community as a City Councilman, School Board Trustee, and volunteer firefighter. Mr. White’s contributions to our country and our community were recognized by the City of Anna when FM 455 was formally named White Street. Currently the signs on US 75 for exit 48A state “Anna-Weston Road,” which is not the given road name for this section of FM 455. In our research we have been unable to find any reference to a formal designation of FM 455 as Anna-Weston Road by Collin County, the City of Anna, or TxDOT. During the recent widening of US 75 through our community TxDOT did not consult with the City on the proper name for this exit. In addition, TxDOT does not appear to have considered the formal name of the road as shown on common transportation apps, such as Google Maps, Waze, and others. In addition, it appears TxDOT did not review the formal addressing of our local businesses on FM 455 White Street. Had TxDOT considered these important factors, we believe the signs on US 75 for this exit would have shown White Street instead of Anna -Weston Road. The City has contacted Texas Department of Transportation Dallas District Engineer Mo Bur and requested the signs to be changed. Mr. Bur has offered the City with the option to pay to either Page 176 of 385 replace the signs at a cost of $65,000, or to pay a lesser sum to place a patch on the signs with the name “White St.” As a community we feel that it is the responsibility of TxDOT to make this correc tion with the means, methods, and funds they have available. In addition to our desire to honor Charles Ell White, we are deeply concerned regarding the impact the current signage has on our local businesses. All of the small businesses located on FM 455 White Street in Anna carry the formal address name of White Street. We are very concerned that the confusion brought about by the current signs will negatively impact traffic to our small businesses when motorists do not see the road name they are looking for on exit signs. This may create missed opportunities for our local businesses to provide sales and service to customers outside our community. Supporting our small businesses is a priority for the City of Anna, and we fully recognize your unwavering commitment to supporting all small businesses in our great State. Given the current situation regarding COVID-19, we want to make sure small businesses receive all the support available. We respectfully request your support and assistance in making this simple, yet important change to the signs on US 75 for exit 48A. Thank you for your time and consideration on this matter. We greatly appreciate your service to our community. Respectfully submitted, Nate Pike, Mayor Page 177 of 385 111 North Powell Parkway Anna, TX 75409 Phone: 972-924-3325 www.annatexas.gov July 15, 2020 The Honorable Justin Holland Texas State House, District 33 101 E. Rusk Street Suite #201 Rockwall, TX 75087 Dear Representative Holland, The City of Anna is seeking your support in our request for TxDOT to make a sign change on US 75 at exit 48A in order to properly honor Charles Ell White, whom FM 455 White Street is named for in the City of Anna. Mr. White served our Country in World War II as a B-24 pilot in the Army Air Corps. His plane was shot down over Romania in 1944, and he spent the remainder of the war as a POW in Bucharest, Romania. Following his distinguished service to our great nation, he returned to Anna, Texas, where he spent the remainder of his life serving his community as a City Councilman, School Board Trustee, and volunteer firefighter. Mr. White’s contributions to our country and our community were recognized by the City of Anna when FM 455 was formally named White Street. Currently the signs on US 75 for exit 48A state “Anna-Weston Road,” which is not the given road name for this section of FM 455. In our research we have been unable to find any reference to a formal designation of FM 455 as Anna-Weston Road by Collin County, the City of Anna, or TxDOT. During the recent widening of US 75 through our community TxDOT did not consult with the City on the proper name for this exit. In addition, TxDOT does not appear to have considered the formal name of the road as shown on common transportation apps, such as Google Maps, Waze, and others. In addition, it appears TxDOT did not review the formal addressing of our local businesses on FM 455 White Street. Had TxDOT considered these important factors, we believe the signs on US 75 for this exit would have shown White Street instead of Anna-Weston Road. The City has contacted Texas Department of Transportation Dallas District Engineer Mo Bur and requested the signs to be changed. Mr. Bur has offered the City with the opti on to pay to either Page 178 of 385 replace the signs at a cost of $65,000, or to pay a lesser sum to place a patch on the signs with the name “White St.” As a community we feel that it is the responsibility of TxDOT to make this correction with the means, methods, and funds they have available. In addition to our desire to honor Charles Ell White, we are deeply concerned regarding the impact the current signage has on our local businesses. All of the small businesses located on FM 455 White Street in Anna carry the formal address name of White Street. We are very concerned that the confusion brought about by the current signs will negatively impact traffic to our small businesses when motorists do not see the road name they are looking for on exit signs. This may create missed opportunities for our local businesses to provide sales and service to customers outside our community. Supporting our small businesses is a priority for the City of Anna, and we fully recognize your unwavering commitment to supporting all small businesses in our great State. Given the current situation regarding COVID-19, we want to make sure small businesses receive all the support available. We respectfully request your support and assistance in making this simple, yet important change to the signs on US 75 for exit 48A. Thank you for your time and consideration on this matter. We greatly appreciate your service to our community. Respectfully submitted, Nate Pike, Mayor Page 179 of 385 Item No. 9.b. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Greg Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute a contract with CARDS Dallas for solid waste and recycling services for the City of Anna, Texas. (Director of Public Works Greg Peters) SUMMARY: The City of Anna is obligated to provide neighbors and businesses within the City limits with solid waste and recycling collection services. As such, the City contracts with a private company to perform these services. The City of Anna is seeking a new provider of solid waste and recycling collection services for the City as the contract term with the current provider ends later this year. The new contract will begin on September 1st of this year. Staff completed a public request for proposal (RFP) process to engage all providers interested in contracting with the City. The City received three proposals, which were reviewed in detail by staff and members of the City Council. Our current service provider chose not to submit a proposal. Interviews of each proposing firm were held by a panel consisting of staff and City Council members. Upon review of the proposals and interview process, the panel made the recommendation to the City Council to enter into contract negotiations with CARDS Dallas, Incorporated. Staff has completed the contract negotiation process and is presenting the final contract for City Council approval. The contract identifies the fees which the City will pay to the Contractor for solid waste and recycling services. If approved, staff will return to the City Council at an upcoming meeting to set the final rates to be paid by customers. The customers include both customers and businesses located within the City limits of Anna. Page 180 of 385 The final rates which will be paid by customers will include the cost of disposal (landfill fees), and the rates necessary to cover the City costs of carrying out the contract and operations of the solid waste and recycling program. This item is only to approve the contract rates for the services provided by CARDS Dallas, Inc., and does not reflect the final rate neighbors will pay for solid waste and recycling service. The final contract is attached to the resolution as Exhibit A. Staff recommends approval of the resolution authorizing the City Manager to execute the contract. FINANCIAL IMPACT: This item does have a financial impact, as the contract sets forth the fees due to CARDS Dallas, Incorporated for the collection of solid waste and recycling materials in the City of Anna, Texas. This contract does not reflect the total final price for neighbors and businesses for solid waste and recycling services. The final rates which will be paid by neighbors and businesses will include the cost of disposal (landfill fees), and the rates necessary to cover the City costs of carrying out the contract and operations of the solid waste and recycling program. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute the contract with CARDS Dallas, Incorporated, for solid waste and recycling services in the City of Anna, Texas. ATTACHMENTS: 1.Anna CARDS Final Resolution with contract APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 7/7/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 181 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. 2020-__-__ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SOLID WASTE AND RECYCLING SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND CARDS DALLAS, INCORPORATED, A TEXAS CORPORATION, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is responsible for providing contract services for solid waste and recycling collection within the City Limits of the City of Anna, Texas, and; WHEREAS, the City of Anna completed a public proposal request process for solid waste and recycling services in the City of Anna Texas, and; WHEREAS, the City of Anna received three proposals and completed an in-depth review and interview process with each proposing company, and; WHEREAS, the City of Anna has determined that CARDS Dallas, Incorporated was the winning proposer based upon a combination of proposed prices, experience, and capabilities, and; WHEREAS, the City is seeking to enter into a contract with an initial term of seven years with CARDS Dallas, Incorporated for solid waste and recycling services, and; 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 contract 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__. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Page 182 of 385 EXHIBIT “A” Page 183 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT BETWEEN CITY OF ANNA AND FCC CITY OF ANNA SOLID WASTE COLLECTION AND DISPOSAL CONTRACT RFP # 2020-01 Page 184 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT BETWEEN CITY OF ANNA AND FCC i STATE OF TEXAS § § SOLID WASTE COLLECTION AND DISPOSAL § CONTRACT COUNTY OF COLLIN § This Contract (the “Contract”) is entered into by and between the City of Anna, Texas, a Texas home rule municipality (the “City”) and CARDS DALLAS INC, a corporation licensed to do business in the State of Texas (the “Contractor”), acting by and through their authorized representatives. WITNESSETH WHEREAS, City is empowered under state and local law to provide solid waste Collection and Disposal services to its residents and commercial establishments and has the authority to enter into solid waste service Contracts to acquire, sell, lease or allow for the operation of all or any part of a solid waste management system, including the Collection, transportation and Disposal of solid waste; and WHEREAS, the Contractor has submitted a proposal, in response to a Request for Proposal from the City, to provide solid waste Collection and Disposal services, including the Collection of recyclables and, bulk trash, including brush pickup, within the City, and to perform such work as may be incidental thereto; and WHEREAS, the City has determined that the proposal submitted by Contractor is in the best interest of the City; NOW THEREFORE, in consideration of the mutual agreements and covenants contained herein, the parties agree as follows: 1. The Contractor is hereby granted the sole and exclusive privilege and duty, to the extent allowed by law, within the territorial jurisdiction of the City, and agrees to furnish all personnel, labor, equipment, trucks, and other items necessary to provide Solid Waste Collection, hauling and Disposal for residential, commercial and industrial/Roll-off customers and Recyclable Materials Collection and Processing in accordance with this Contract and to perform all of the work called for and described in the Contract documents. 2. The initial term this Contract shall be for a period of seven (7) years, beginning on August 31, 2020 and terminating on August 30, 2027. After the initial term, the City may renew this Contract for three (3) additional renewal terms of one (1) year each. The Contractor may prohibit the City from exercising an optional renewal term by providing written notice to the City of its election to reject a renewal term on or before eleven (11) months before the scheduled date of expiration of the initial term or the then current optional renewal term of this Contract. If the Contractor does not provide such written notice to the City on or before eleven (11) months preceding the scheduled date of expiration of the initial term or the then current optional renewal term of this Contract prohibiting City from exercising the optional renewal term, the City may upon written notice to the Contractor not later than ninety (90) calendar days preceding the scheduled date of expiration of the initial term or the then current optional renewal term of this Contract exercise such optional renewal term by such notice. This provision i n no way limits the City’s right to Page 185 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT BETWEEN CITY OF ANNA AND FCC ii terminate this Contract at any time during the initial term or any optional renewal term thereof in accordance with this Agreement. 3. This Contract includes the General Conditions attached hereto, and shall also include the following Contract Documents which are incorporated herein by reference as if set forth verbatim in this Contract: A. Implementation Plan. (Exhibit “A”) B. City’s Request for Proposal with Addendum (Exhibit “B”) C. Current City Facilities Service Level Information (Exhibit “C”) D. Cart Specifications (Exhibit “D”) E. Solid Waste Collection Fees (Exhibit “E”) F. Contractor’s Proposal (Exhibit “F”) In the event of any conflict between or among the Contract Documents, this Contract shall control. In the event of a conflict between this Contract (including its General Conditions) and its exhibits, the sequencing of the documents are intended to represent priority. For example, the General Conditions will prevail over conflicts in other Contract Documents. Where the Contractor’s Proposal (Exhibit “F”) contains additional descriptions and services not described or mentioned in the General Conditions or other appendices, those additional descriptions and services shall nevertheless be provided by Contractor as material terms of this Contract. 4. All provisions of this Contract shall be strictly complied with by the Contractor, and no amendment to this Contract shall be made except upon the mutual written agreement of the parties. No amendment shall be construed to release either party from any obligation of this Contract except as specifically provided in such amendment. 5. The Contractor shall keep in full force and effect throughout the term of this Contract insurance, and performance bonds, as recited herein, in the amounts and types specified in and required by the Contract documents. The contract herein grants exclusive rights for solid waste and recycling services in the City of Anna to the Contractor. The City and the Contractor both have the authority to exercise and enforce the terms, rights, and conditions of this contract, and to bring forth claims or bring suit against third parties for damages and injunctive relief against third parties. However, the City shall not be held liable by the Contractor for the actions of unaffiliated third parties who violate the exclusive rights contained herein unless the City expressly violates the exclusive terms of this contract. The Contractor agrees to hold the City harmless for the actions of unaffiliated third parties not under contract with the City of Anna. 7. This Contract shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Contract may not be assigned or delegated without the consent of the City, which consent shall not be unreasonably withheld. 8. This Contract is the entire agreement between the parties with respect to the subject matter covered in this Contract. There is no other collateral, oral, or written agreement between the parties that in any matter relates to the subject matter of this Contract, except as provided in the Contract documents. Page 186 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT BETWEEN CITY OF ANNA AND FCC iii 9. The validity of this Contract and any of its terms and provisions, as well as the rights and obligations of the parties, shall be governed by the laws of the State of Texas; and exclusive venue for any action concerning this Contract shall be in a court of proper jurisdiction of Collin County, Texas. 10. In the event anyone or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect other provisions, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. Executed in single or multiple originals this _______ day of ___________________ 2020. CARDS DALLAS INC By: ______________________________ Dan Christensen, Vice President 3020 Sargent Road Dallas, Texas 75203 CITY OF ANNA, TEXAS By: ____________________________ Jim Proce, City Manager 111 N. Powell Parkway Anna, Texas 75409 Page 187 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT BETWEEN CITY OF ANNA AND FCC iv CITY OF ANNA SOLID WASTE COLLECTION AND DISPOSAL CONTRACT GENERAL CONDITIONS Table of Contents Solid Waste Collection and Disposal Contract i General Conditions iv 1.0 ARTICLE 1; Definitions 1 2.0 ARTICLE 2; Types of Collections 4 3.0 ARTICLE 3; Collection Operations 8 4.0 ARTICLE 4; Complaints; Missed Collections 11 5.0 ARTICLE 5; Billings; Payments; Charges 13 6.0 ARTICLE 6; Collection Fees 15 7.0 ARTICLE 7; Disaster Management 16 8.0 ARTICLE 8; Insurance; Indemnification; Bond 16 9.0 ARTICLE 9; Transition Plan 21 10.0 ARTICLE 10; Miscellaneous 22 Page 188 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 1 ARTICLE 1 Definitions Terms defined herein and their derivations shall have the meanings as set forth in herein. Bulky Waste: Bulky Waste shall mean solid waste composed of materials not easily contained in a Cart such as, but not limited to white goods, furniture, Yard Trimmings, large electronics, and other oversized solid waste. Any solid waste not placed within a Cart will be considered bulky waste and subject to the terms and conditions of Bulky Waste pickup, including but not limited to set out limits and collection days. Bulk waste shall be limited to 4 cubic yards per monthly collection. Business Day: Business day shall mean any day, Monday through Friday, from 8:00 AM, Central Standard Time until 5:00 PM, Central Standard Time, which is not a holiday designated as such in the Contract. Cart: Cart shall mean a receptacle purchased by the Contractor or City meeting the specifications set forth in this Contract which designed to be mechanically dumped into a loader-packer type truck via a fully-automated truck arm (ANSI Z245.60 Type G) and semi-automated truck tipper (ANSI Z245.60 Type B). City: City shall mean the City of Anna, Texas. City Facility: City Facility shall mean any City owned or operated facility designated by the Contract Administrator as a City Facility to receive City services. The City shall notify the Contractor in writing on an annual basis to add or eliminate City Facilities to receive City services. The cost of the addition or elimination of services shall be included in the annual contract pricing negotiations. Collect or Collection: Collect or Collection shall mean the act of removing solid waste, including Bulky Waste, for transport to a Disposal site or the act of removing Program Recyclable Materials and program household hazardous waste and electronics for transport to a Processing facility. Commercial Service Unit: Commercial Service Unit shall mean all establishments other than residential service units within the corporate limits of the City Compactor: Compactor shall mean a mechanical unit that receives, compacts and reduces the volume of solid waste or Recyclable Materials. Container: Container shall mean Carts, Dumpsters and Roll-offs. Contract: Contract shall mean this Contract, inclusive of these General Conditions, the Request for Proposals, Instructions to Bidders, Contractor’s Proposal, Contract Specifications, this Contract, Performance Bond or Letter of Credit, and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. Contract Administrator: Contract Administrator shall mean the person, or his designee, designated by the City to administer and monitor the provisions of this Contract. Contractor: Contractor shall mean CARDS Dallas Inc, a Texas corporation, and CARDS Holdings, Inc., an Arkansas corporation. Page 189 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 2 Disaster Debris: Disaster debris shall mean any waste materials including building materials, sediments, vegetative debris, personal property, and other materials resulting from a disaster. Disaster debris may be generated by any sector affected by a disaster (e.g., households, businesses, government, etc.) Dispose or Disposal: Dispose or Disposal shall mean the deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water Dispose or Disposal; Dispose or Disposal shall further mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste (whether Containerized or un-Containerized) into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Contractor shall lawfully Dispose of materials at a Disposal site. Disposal Site: Disposal site shall mean a landfill or other solid waste management facility permitted under all applicable local, state, and federal laws and regulations for Disposal of solid waste. Dumpster: Dumpster shall mean a metal receptacle with a tight-fitting lid and a minimum capacity of approximately two (2) cubic yard, a maximum capacity of eight (8) cubic yards, and designed to be lifted and emptied mechanically. Due to specific waste types for individual businesses, specific dumpster materials may be different than metal as necessary to address corrosion and other chemical concerns. Contractor to request and receive City approval of all non-metal proposed dumpsters prior to delivery. Contractor shall provide Dumpsters to customers. Frontline Collection Vehicles: Frontline collection vehicles shall mean all solid waste collection vehicles selected by the Contractor and approved for the City for the regular collection of Solid Waste and Program Recyclables. Frontline collection vehicles shall not exceed weight limits as defined in the State of Texas Transportation Code §621.001 through §623.343. Contractor may temporarily replace a frontline collection vehicle with a temporary collection vehicle for a period of up to 30 days for the maintenance and repair of a frontline collection vehicle. Household Hazardous Waste and Electronics: Household hazardous waste and electronics shall include paint, cleaning chemicals, building materials, electronic devices, and other solids and liquids as defined by the Texas Commission on Environmental Quality. Contractor shall recycle all household hazardous waste and electronic materials as feasible consistent with industry standards. Implementation Plan: Implementation Plan shall mean the formal plan prepared by the Contractor and approved by the City Manager for transitioning solid waste services from the current provider to the Contractor. Process or Processed or Processing: Process or Processed or Processing shall mean recovery of Recyclable Materials, treatment into recovered materials, and marketing of recovered materials to end markets and recovery of program household hazardous waste and electronics, treatment of program household hazardous waste and electronics, and marketing of recovered materials to end markets. Processing Facility: Processing Facility shall mean a facility permitted under all applicable local, state, and federal laws and regulations for Processing of Recyclable Materials and/or program household hazardous waste and electronics. Program Household Hazardous Waste and Electronics: Program Household Hazardous Waste and Electronics shall mean materials proposed by Contractor to be included and agreed by the City to be included as program household hazardous waste and electronics. Page 190 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 3 Program Recyclable Materials: Program Recyclable Materials shall mean mixed waste paper (including corrugated cardboard, newspaper, junk mail, phone books, beverage packaging, cereal boxes, chipboard, envelopes, magazines etc.), bagged shredded paper, steel and tin cans (fruit and vegetable cans), aluminum cans, plastic Containers - # 1,2,3,4,5 & 7, and glass bottles/jars/Containers and shall be collected in a Single Stream. In addition, Program Recyclable Materials include other materials proposed by Contractor to be included and agreed by the City to be included as Program Recyclable Materials. Recyclable Material: Recyclable Material shall mean a material that has been recovered or diverted from the non-hazardous waste stream for purposes of reuse, Recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise by produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become Solid Waste at such time, if any, as it is abandoned or Disposed of rather than recycled, whereupon it will be Solid Waste, with respect to the person actually abandoning or disposing of such material. Recycling: Recycling shall mean a Process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or Processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, Recycling includes the composting Process if the compost material is put to beneficial use. Recycling Services: Recycling Services shall mean the Collection and Processing of Program Recyclable Materials. Residential Unit: Residential Unit shall mean a room or a group of rooms including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time and/or as designated by the Contract Administrator as a Residential Unit. Roll-off: Roll-off shall mean a metal receptacle with a minimum capacity of approximately twenty (20) and a maximum capacity of forty (40) cubic yards, intended for high-volume generation of solid waste, and designed to be transported to a Disposal site by loading of receptacle onto rear of transporting vehicle. Contractor shall provide Roll-offs. Set-out: Set-out shall mean material(s) placed by a customer for Collection by Contractor. Single Stream: Single Stream shall mean commingled and not required to be subdivided by the customer prior to Collection. Solid Waste: Solid Waste shall mean garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: a) Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Texas Water Code, Chapter 26; b) Solid, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvement; c) Waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Page 191 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 4 Commission of Texas under Natural Resources Code, §91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids Processing plants, pressure maintenance plants, or depressurizing plants and is hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC, §§6901 et seq.); or d) Unacceptable waste. Solid Waste Services: Solid Waste Services shall mean the Collection and Disposal of solid waste including without limitation Bulky Waste. Special Events: Special Events shall mean events sponsored in whole or in part by the City, or conducted within the City and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized musical and sporting events. Unacceptable Set-out: Unacceptable Set-out shall mean a Set-out for Collection that does not comply with the requirements of the Agreement. Unacceptable Waste: Unacceptable Waste shall mean any solid waste, the acceptance and handling of which by Contractor would cause a violation of any permit or regulatory requirement, including, but not limited to, untreated Medical Waste, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit. White Goods: White Goods shall mean all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers, hot water tanks, and trash Compactors and other items of similar weight, material, size and nature. All freon containing appliances shall be tagged by a certified professional consistent with Texas Commission on Environmental Quality guidelines. Proof of proper tagging in accordance with State law required to be considered as a part of White Goods collection. Yard Trimmings: Yard Trimmings shall mean any cuttings or trimmings from trees, shrubs, or lawns, and similar materials. Yard trimmings to be bagged. All branches, tree limbs, and woody materials shall be bundled in lengths of no greater than 4-feet and a diameter no greater than 18-inches. Yard trimmings placed outside of the cart shall be considered bulk waste and shall be collected in accordance with the bulk waste schedule. ARTICLE 2 Types of Collection 2.01 Residential Collection: 2.01.01 Contractor shall collect Solid Waste and Program Recyclable Materials from the premises of residential accounts within the City utilizing Carts and semi-automated or automated Collection vehicles. Separate Carts shall be provided for Solid Waste and for Program Recyclable Materials. All Residential Units will be furnished by Contractor with a new Cart for Solid Waste Services and Recycling Services as described in this Contract within five (5) business days from request submitted to the Contractor. Residential Service Units will be provided with additional Carts if requested by the customer. Point of service or Collection shall be the paved alley at the driveway connection to the Residential Unit, the street at the driveway connection to the Residential Unit, or at some other location determined by the City. Side door collection for those residents that are physically unable to place their Cart in the required location will be provided at no additional charge. Collection of Solid Waste, Program Recyclable Materials shall occur a minimum of once weekly, on the same scheduled day, unless otherwise specified. Bulk Waste shall be collected on a monthly schedule in accordance with Page 192 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 5 the Contract. Contractor shall supplement its Transition Plan to describe its proposed days and routes for collections no later than thirty (30) days after the execution of this Contract, which will include maps indicating the routes used in the Collection of waste from all residential customers, and a daily collection schedule for all portions of the City. The City expects that the proposed routes and schedules will be incorporated in the Transition Plan. The Contractor shall not commence the provision of services under this Contract unless and until the Contract Administrator has approved the proposed routes. The Contractor may revise or amend the routes designated in the Transition Plan subject to approval by the Contract Administrator. 2.01.02 Residential Collection set-out limits shall be in accordance with the definition of Bulk Waste. Contractor shall collect all Christmas trees outside of Carts for the two weeks following December 25th. 2.01.03 All Collection from Residential Units of solid waste and Program Recyclable Materials will occur on the same day of the week for each unit. The City will be separated into specific collection days based upon location as shown in the Transition Plan. Bulky Waste Collection is provided on the same day as Collection of solid waste and Program Recyclable Materials or the following day once per month. Contractor may not require customers to separate Yard Trimmings or other brush or prepare same in any particular manner for purposes of processing same by mulching or composting. Bulky Waste Collection will be limited to three (3) cubic yards per Collection. The Contractor will also provide Solid Waste Services via temporary Roll-offs to commercial customers via 20 CY, 30 CY, and 40 CY Roll-offs with and without Compactors. 2.01.04 As part of the Residential services under this Contract, the Contractor will provide one annual Collection of Program Household Hazardous Waste and Electronics. These services will be provided as an event at a certain location as determined by the City. The date and the time of said event will be as agreed to by the City and Contractor. Said services shall be provided for a mutually agreeable fee updated on an annual basis. Fee shall be invoiced by the Contractor directly to the City and shall not be part of the monthly residential collection fee. 2.02 Commercial Service Units Collection 2.02.01 In addition to residential services, the Contractor will provide Collection of solid waste via Carts, Dumpsters or Roll-offs to Commercial Service Units. The Contractor will provide at a minimum once per week Solid Waste Services. For Commercial Service Units that are low waste generators, the Contractor will provide once per week Collection of solid waste via one up to three 96-gallon Carts. For other Commercial Service Units, the Contractor will provide once per week up to six days per week Collection of solid waste via 2 cubic yard (CY), 4 CY, 6 CY, and 8 CY Dumpsters without vertical Compactors and 4 CY, 6 CY, and 8 CY Dumpsters with vertical Compactors. The Contractor will also provide Solid Waste Services via Roll-offs to commercial customers via 20 CY, 30 CY, and 40 CY Roll-offs with and without Compactors. 2.02.02 In addition to Solid Waste Services, the Contractor will offer, as a exclusive service, Recycling services to Commercial Service Units. To incentivize Recycling, the Contractor will provide service fees for Recycling services that are equal to or less than the equivalent service fee for Solid Waste Services. 2.02.03 Collections frequency and Container size and quantity shall be adequate to maintain premises free of accumulation of waste. Collection shall be in a Container as designated by customer. Page 193 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 6 All Containers shall be located on a concrete pad to accommodate equipment. The City shall be the sole determinant of acceptable Container pads, locations and screenings, provided however such pads or locations must be sufficient to bear the weight of all the Contractor’s equipment and vehicles reasonably required to perform the service provided herein. 2.02.04 The Contractor will be responsible for purchase, distribution, storage, ongoing repair, replacement, warranty issues, and other requirements related to Dumpsters, Roll-offs, and Compactors owned by the Contractor. Customers may elect to purchase Compactors. All Dumpsters shall have lids that fully close. Dumpsters and Roll-offs must be painted a uniform color, bear the name and telephone number of the Contractor, and bear a serial number coded for the Dumpster or Roll-off size. Dumpsters and Roll-offs shall be painted and cleaned as necessary to maintain a positive image. Contractor shall paint, clean, or replace all dumpsters deemed to be below the industry standard within 30 (30) calendar days of notification from the City. City shall be the final authority of determining if dumpster requires maintenance. The Contractor is responsible for removing graffiti from its Dumpsters, Roll-offs, and Compactors. Collection drivers shall notify the Contractor at the end of each day of any Dumpster, Roll-off, or Compactor containing graffiti. The Contractor shall remove any graffiti from its Dumpsters, Roll-offs, and Compactors within five (5) business days of notification. Each Dumpster, Roll-off, and Compactor of the Contractor is subject to inspection by the City and approval as to appearance and condition before placement at any City Facility. A Dumpster, Roll-off, or Compactor of the Contractor shall be reconditioned and repainted if necessary, before being supplied to a City Facility that had not used it earlier. If the City so requires, a Dumpster, Roll-off, or Compactor shall be cleaned or repainted within seven (7) days. If appropriate to serve the City’s needs and/or locations, the City may require the Contractor to install and service a Dumpster, Roll-off, or Compactor. Damage to Dumpster, Roll-off, or Compactor on customers' premises is at the Contractor's risk, as between those parties and without affecting the risk or liability of others. The Contractor shall be responsible for the repair of all Dumpsters, Roll-offs, or Compactors damaged due to the Contractor’s negligence. The Contractor shall repair or replace within one business day any Dumpster, Roll-off, or Compactor that the City determines does not comply with ordinance standards or constitutes a health or safety hazard. 2.03 City Services: The Contractor will provide City services at no charge to the City. City services include the following: 1. City Facilities Solid Waste Services and Recycling Services. The Contractor will provide solid waste services and recycling services to all current and future City facilities. This includes hauling and disposing of sludge from the City’s wastewater treatment plant. 2. Collection and Disposal Illicit and Illegal Dumping on City Property. The City will occasionally have appliances or other bulky debris illegally dumped on city property such as greenbelts, parks, medians or rights of way. The Contractor will collect and dispose of such materials at no charge up to six (6) occurrences per year. For additional occurrences Contractor shall bill the City on a mutually agreed upon flat rate based upon volume of waste collected. The City will be responsible for notifying the Contractor and the Contractor will have up to two (2) business days to complete the task. 3. City Sponsored Special Events. The Contractor will provide solid waste services and recycling services to any City sponsored special event. Currently the City hosts 3-5 special events per year. The Contractor will provide up to twenty-five (25) 90-96-gallon solid waste Carts and twenty-five (25) 90- 96-gallon recycling Carts per event or containers Page 194 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 7 equivalent to. The City will provide a two-week notification to the Contractor to schedule such events and provide information on the number of Carts needed and the location to stage Carts and pick up. Upon completion of the event, the Contractor will pick up the Carts within 24 hours. 4. Animal Services Special Services. The City will occasionally have dead animals located within medians or rights of way. The Contractor will provide collection and disposal of dead animals to the County Animal Services located at 4750 Community Avenue, McKinney, TX 75071. The Contractor will collect and dispose of such materials at no charge up to twelve (12) occurrences per year. The City will be responsible for notifying the Contractor and the Contractor will have one (1) business day to complete the task. 5. Community Support. The Contractor will provide a financial contribution of $15,000 per contract year for sponsoring City special events and a scholarship program for Anna ISD graduating seniors. The Contractor will be allowed to provide promotional materials and participate in the events and programs based on mutually agreed terms between the City and the Contractor. 2.04 Unacceptable and Uncollectible Waste: 2.04.01 The Contractor shall tag items placed for Collection that are not collectable under the terms of the Contract. The Contractor shall promptly notify the City of the address where the tagged item is located but no later than by 10:00 AM, Central Standard Time, the next business day. The procedure and forms utilized to provide notice to customers must be approved by the Contract Administrator. The Contractor shall report unusual accumulations and Unacceptable Waste to the City. The City shall determine whether the customer has or is habitually abusing the waste Collection services. Upon such determination, the customer shall be advised to eliminate the accumulation, which may be through services of the Contractor. Future unusual accumulations at the same location may involve City Code Enforcement action. 2.04.02 The Contractor shall collect all Solid Waste and Recyclable Materials Set-out in Carts, Dumpsters, and Roll-offs. For Residential Units, the Contractor shall collect all Christmas trees from residential service units for the two-week period following December 25th of each year. If the City elects once per month bulky waste services for residential units, the Contractor shall collect up to four (4) cubic yards of bulky waste per collection. The Contractor is not responsible for collecting in excess of the Set-out limits. It shall be the Contractor’s responsibility to give notice first to the customer and also to the Contract Administrator if a Set-out exceeds the Set-out limits. Based upon the photographs and information provided to the City by the Contractor, the City shall be the sole and final judge as to whether a Set-out exceeds the Set-out limits. 2.04.03 The Contractor may inspect each Set-out prior to collection for compliance with this Contract. For all unacceptable Set-outs, the Contractor shall provide a written report of the unacceptable Set-outs including photographs, the address, the reason(s) the Set-out was an unacceptable Set-out, and other information as requested by the City to the City by 10:00 AM, Central Standard Time, the next business day. Prior to collection of the Set-out, the Contractor may designate a Set-out as an unacceptable Set-out for the following reasons: 1. Set-out exceeds the Set-out limits established in this Contract; or Page 195 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 8 2. Set-out of Program Recyclable Materials contains non-conforming materials. 3. Set out of Program Solid Waste includes medical waste, hazardous waste, electronic waste, or other non-conforming waste. The Contractor may not designate a Set-out as an unacceptable Set-out for any reason other than those identified in this Contract. If the Contractor designates a Set-out as an unacceptable Set-out for any of the reasons set forth in this Contract, the Contractor shall: 1. Collect the portion of the Set-out that is properly Set-out; and 2. Immediately provide an unacceptable Set-out notice to the customer stating the reason the Set-out or portion of the Set-out was designated as an unacceptable Set-out. 2.05 Recyclable Materials: 2.05.01 The Contractor must collect and haul Program Recyclable materials to a reputable, certified, permitted, and licensed Material Recovery Facility (MRF). Contractor shall provide the City with the location, name, and details regarding the Material Recovery Facility utilized. Contractor must notify the City in writing a minimum of 30 days prior to changing Material Recovery Facilities and provide evidence of all MRF permits, licenses, and certifications upon request. 2.05.02 The Contractor shall provide for the Single Stream Collection and Processing of all Program Recyclable Materials as defined in this Contract. The Contractor may retain all revenues from the sale of all collected Program Recyclable Materials. 2.05.03 The Contactor shall not commingle Program Recyclable Materials with Solid Waste or other non-recyclable material. The Contactor shall not Dispose of any Program Recyclable Materials in any manner other than at and through an appropriate Recycling facility, except when approved, in advance and writing, by the City. The Contactor shall not market or transfer Program Recyclable Materials to any person or entity that the Contractor knows or reasonably should know will Dispose of Program Recyclable Materials in any manner other than at and through an appropriate Recycling facility, except when approved, in advance and writing, by the City. Under no circumstances shall the delivery to and deposit of Program Recyclable Materials at any landfill, dump, transfer station or other facility used for the final deposit of waste material, or any other disposition of recyclables to any person, location or facility other than a recognized Recycling facility, be construed to comply with the prohibitions of this paragraph. 2.05.04 A violation of the foregoing provision is a breach of this Contract and may result, at the City’s discretion, in the assessment of administrative charges and/or termination of the Contract. All remedies are non-exclusive, and the City may elect to pursue any one or more remedy or sanction, including the filing of criminal charges, without waiving the right to pursue any other remedy or sanction. 2.06 Roll-Offs: Upon request of a Residential Service Unit or Commercial customer, Contractor shall provide temporary Roll-off Collection in accordance with Commercial Service Unit Collection described in Exhibit “E.” 2.07 Exclusive Services: The Contractor shall be the City’s exclusive Contractor for the Collection of Solid Waste, Program Recyclable Materials and Bulky Waste from Residential Units and Collections from Page 196 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 9 Commercial Service Units in the City including the Anna Independent School District. The exclusive right does not include properties located in the City’s Extraterritorial Jurisdiction (ETJ). However, the Contractor is not prohibited from seeking to provide trash collection services to properties in the ETJ. The exclusive right includes the provision of Solid Waste Collection services to construction projects within the City. In addition, the Contractor shall have the exclusive right to provide all Recycling Collection services to Residential Units. The Contractor shall have the exclusive right to provide Recycling Collection to Commercial Service Units and City Facilities. The Contractor and the City have the right to defend the exclusivity granted to the Contractor herein against third parties. ARTICLE 3 Collection Operations 3.01 Hours of Operation: Collection of Solid Waste and Program Recyclable Materials shall begin no earlier than 7:00 o’clock a.m. and shall generally not extend beyond 7:00 o’clock p.m. Central Standard Time for residential collection. Hours of operation for commercial collection shall be set based upon the needs of the business. No regular weekly residential Collection shall occur on Saturday, however, irregular Collection schedules shifted to accommodate holidays may occur on Saturdays. No Collection shall be made on Sunday. Commercial services shall be provided Monday through Saturday. The Contractor shall not change collection days or schedules to Residential Units without written authorization by the Contract Administrator. The City and the Contractor shall mutually agree to holidays to be observed. If the holiday falls on a regularly scheduled workday, collections for the holiday and each day thereafter will be delayed one day and Friday’s material shall be collected on Saturday. The City shall determine the service level, including container type and collection frequency, and schedule for all City Facilities Collections. Commercial services and Roll-off services customers and the Contractor shall agree upon the collection schedule and days subject to no objection by the City. 3.02 Hours of Disposal: Contractor shall Dispose of waste within the operating hours of the Disposal Site. 3.03 Routes of Collection: Collection routes shall be established by the Contractor as approved by the Contract Administrator. The Contract Administrator shall be provided route Collection maps and Container locations. 3.04 Holidays: Holidays for purposes of this Contract will be provided by the Contractor based upon the landfill schedules, consistent with Exhibit “B.” 3.05 Alternate Schedule: Contractor may elect to observe any or all the above-referenced holidays by suspension of Collection service on the holiday; provided, however, the Contractor shall collect for Residential Units the next calendar day following the holiday. Contractor shall provide an annual holiday schedule to City each October and updates quarterly. Contractor shall inform customers by public notice in a newspaper of general circulation, mail out piece, electronic mail and website alert or other effective means as agreed upon with City. 3.06 Vehicle Maintenance and Specifications: 3.06.01 The average age of frontline collection vehicles (including chassis and packer) shall not exceed the age of this Contract. No more than 50% of the fleet shall be at an age beyond age of this Contract. The age of a vehicle will be deemed to be the age of the oldest of the two primary components of the vehicle (chassis and packer). For example, during the first year of this Contract, the average age of all vehicles shall be no more than one (1) year. During the second year of this Contract the average Page 197 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 10 age of all vehicles shall be no more than two (2) years, and so on for the duration of this Contract. All vehicles shall be kept in a clean and sanitary condition. Collection and management vehicles shall be painted or vinyl-wrapped in the Contractor’s color or colors schemes. The vehicles shall be uniquely numbered, and the vehicle numbers shall be painted or of a vinyl material in a contrasting color, at least six inches high, on each side of each vehicle and on the rear of the vehicle. Contractor phone number shall be clearly visible on the vehicle. No advertising shall be permitted other than the name address and phone number of the Contractor. 3.06.02 Collection vehicles shall be manufactured to provide the services specified. All vehicles used by management personnel, including route supervisors, shall be equipped with cell phones with voice mail so that they can be contacted by the City. Collection vehicles will be equipped with two- way communication devices so that the Contractor’s staff and driver may communicate during the route collection. In addition, collection vehicles will have back-up cameras, spill kits, and GPS tracking capability. The GPS equipment shall enable the City to verify the location and routes of all trucks deployed in the City. All trucks shall also be equipped with camera equipment and technology, to enable and deploy a set of cameras that record the activities of trucks used in the City, which can be recalled and viewed upon request by the City. 3.06.03 The Contractor shall utilize equipment which can safely maneuver all City streets and properly collect waste and redistribute Carts. Contractor shall review existing neighborhoods, including streets and on-street parking conditions to ensure that all equipment used shall meet this requirement. 3.06.04 The Contractor shall provide to the City a complete inventory showing each vehicle (type, capacity, approximate age) used for performing services within the City. The inventory shall become a part of the Implementation Plan. The actual number, type, capacity and approximate age of each vehicle that Contractor actually uses to perform said services shall meet or exceed the information as shown in the vehicle inventory. Upon approval of the City, the Contractor may change vehicles from time-to- time and shall revise the inventory accordingly. Contractor shall provide the City with the revised inventory within one (1) week of any changes. The Contractor shall maintain a vehicular fleet during the performance of this Contract at least equal to that described in the inventory. Replacement vehicles shall conform to this Section 3.06. The City shall allow the Contractor to utilize older vehicles in a temporary manner due to unforeseen vehicle damage or breakdown. Such temporary vehicle usage shall not exceed 30 calendar days prior to being replaced with a permanent vehicle conforming to this Section 3.06. 3.06.05 The Contractor shall exercise care to prevent spilling, leaks and littering during the Collection Process. The Contractor shall ensure all materials hauled are contained, tied, or enclosed to prevent spilling, leaking and littering. The Contractor shall immediately pick up and clean up all spills, leaks and litter resulting from Contractor’s proposer’s vehicles/equipment, or by Contractor’s employees or subcontractors while performing services under this Contract. Each vehicle shall be equipped with the proper tools and cleaning equipment to adequately clean up any spillage. No equipment shall be allowed to leak or scatter any waste within the limits of the City nor while in route to the Disposal Site where such accumulations shall be dumped. 3.07 Commingling and Disposal of Recyclable Materials Prohibited: 3.07.01 Except when approved in writing by the City, the Contractor shall not commingle Recyclable Materials with any other materials. Commingling of such materials is a breach of this Page 198 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 11 Contract that may result, at the City’s discretion, in administrative charges and/or termination of this Contract. 3.07.02 The Contractor shall not dispose of any Recyclable Materials collected for recycling, or market such materials to markets that the Contractor knows or reasonably should have anticipated will dispose of the materials, except when approved, in writing, by the City. 3.07.03 Disposal of Recyclable Materials collected for recycling, or marketing of such materials to markets that the Contractor knows or reasonably should have anticipated will dispose of such materials, except when approved by the City, is a breach of this Contract that may result in administrative charges and/or termination of this Contract. 3.07.04 In this Section 3.07, “dispose” or “disposal” means the delivery to and deposit of Recyclable Materials at any landfill, dump, transfer station or other facility used for the final deposit of waste material, or any other disposition of Recyclable Materials to any person, location or facility other than a recognized recycling facility. 3.08 Disposal and Processing Services: 3.08.01 The Contractor will be responsible for transporting all solid waste and recycling materials to an appropriate licensed and permitted disposal site or MRF. Contractor shall have and maintain during the term hereof, access to adequate disposal and processing capacity for the City’s needs and the needs of all Residential Units and all Commercial Service Units within the City. All solid waste collected under this Contract shall be disposed of at a Disposal Site properly authorized under all applicable federal, state and local laws. All recyclable materials coll ected under this Contract shall be processed at a processing facility properly authorized under all applicable federal, state and local laws. 3.08.02 The MRF site selected by the Contractor shall process program recyclable materials from residential customers into recovered material in accordance with industry standards. The City and the Contractor will mutually agree to the minimum processing requirements for hazardous waste and electronics services collection on an annual basis. 3.09 Carts: 3.09.01 New Carts shall meet the requirements set forth in the Exhibit “D.” Carts must be 90-96 gallons. In addition, recycling Carts must have a full-color in-mold label on the lid of the Cart of Program Recyclable Materials and non-Program Recyclable Materials with a minimum size of 100 square inches. The Contractor shall be responsible for providing all carts. 3.09.02 The Contractor shall supply all new Carts during the term of this Contract, be responsible for maintenance, repair, warranty issues, replacement, and retain ownership of Carts in the possession of residential units at the expiration of this Contract. 3.09.03 Upon notice from the City, the Contractor shall deliver new Carts to new customers. The Contractor will be responsible for responding to requests from and delivering Carts to customers who need a Cart replacement for whatever reason. Carts shall be delivered n o later than three (3) business days after notice. Used Carts must be cleaned prior to reentry into the system and delivery to customers. Damaged Carts shall be removed at the same time a replacement Cart is delivered. Residential Unit and Commercial Service Unit customers shall be provided with instructions for proper use, including any Page 199 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 12 customer actions that would void manufacturer warranties, such as placement of hot ashes in the Cart causing the Cart to melt, and procedures to follow to minimize potential fire problems. ARTICLE 4 Complaints; Missed Collections 4.01 Contractor’s Office: The Contractor shall maintain an office or other facilities through which it can be contacted. The office shall be equipped with sufficient telephones having local phone numbers and have a responsible person in charge and an adequate number of competent persons available to answer the phone from 7:00 a.m. to 7:00 p.m. on regular Collection days. When residential Collection is postponed one day for the holiday schedule the Contractor’s customer service personnel must be available to answer phones on all days during which Collection service is provided. An informative recording answering frequently asked questions and voicemail shall be available at all other hours. 4.02 Customer Service and Complaint Resolution: 4.02.01 The Contractor will be primarily responsible for complaints and the City will forward all initial complaints to the Contractor for resolution. Customer complaints shall be directed to the Contractor, and the Contractor shall give each complaint received prompt and courteous attention. The Contractor shall respond to all complaints via phone or written correspondence with the customer no later than noon on the following business day. The Contractor shall maintain a log of complaints and shall provide the City, daily, with copies of all complaints indicating the date and hour of the complaint, nature of the complaint, and the manner and timing of its resolution. 4.02.02 If a complaint cannot be resolved and the City’s Contract Administrator is notified by the complainant, it will be the Contractor’s responsibility to provide adequate documentation to demonstrate that the complaint was handled in a satisfactory manner. The Contractor shall provide a single source contact for the City’s Contract Administrator for complaints or other city needs and shall communicate back with the Contract Administrator within two (2) hours of initial outreach. 4.03 Customer Grievances: The Contractor will designate a representative to adjudicate customer grievances. At the City’s request, the representative will join the City in meeting with an aggrieved customer within 24 hours of notification. The decision of the City shall be final and binding. 4.05 Newsworthy and Emergency Notifications During the term of this Contract, there may be activities or circumstances, positive or negative, involving the Contractor’s business that could be newsworthy. Likewise, the Contractor, or the Contractor’s employees could be involved in a motor vehicle accident, an environmental accident, or other accident or situation involving damage to property or personal injury. The Contractor must contact the City’s Contract Administrator immediately and no later than 24 hou rs in the event of one of the following: any news coverage or sudden event that could impact the service the Contractor provides to the City; any news coverage or sudden event that could initiate citizen phone calls to the City; an environmental emergency or incident, including spills, that involves the Contractor, a related business of the Contractor, or the Contractor’s employee; a motor vehicle accident which occurred while providing services under this Contract; personal injury accidents which occurred while providing services under the Contract; property damages which occurred while providing services under the Contract. Page 200 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 13 4.06 Customer Notifications The City will coordinate with the Contractor and approve all necessary communications with residential customers including but not limited to fee changes, route changes, holiday schedules, promotion of mulching and composting to reduce waste, etc. Unacceptable set-out notices and program introduction notices shall be printed and distributed by the Contractor. All other notices shall be printed and distributed by the City. 4.07 Reporting 4.07.01 The Contractor shall provide the following daily and monthly reports to the Contract Administrator. Reports shall be in a format approved by the Contract Administrat or. Complete and accurate daily reports must be submitted to the Contract Administrator by no later than 10:00 AM, Central Time, each business day. Daily reports must contain the following information: 1. Daily Call Log – Spreadsheets listing the calls received by date and time, type of call (missed collection, complaint, inquiry), and resolution. 2. Unacceptable Set-out Log - Spreadsheet of unacceptable Set-outs by address and description of reason. 4.07.02 Complete and accurate monthly reports must be submitted to the Contract Administrator on or before the tenth (10th) day of each month. Monthly reports must contain the following information: 1. Amount of Solid Waste and Program Recyclable Materials Collected – spreadsheet listing amounts (in tons/pounds) of Solid Waste and Program Recyclable Materials collected by customer type. The spreadsheet must also include year-to-date totals. 2. Customer List for Roll-off Services – identify each by address and level of service, name, and contact information. 3. Billing and Revenue Documentation – documentation justifying the Contractor’s billings and revenue derived by the Contractor for services within the City. 4. Summary of motor vehicle accidents or moving violations involving the Contractor’s vehicles and any other infractions by or accidents/injuries/damages involving the Contractor’s employees while performing services under this Contract. 4.08 Missed Collections: The Contractor shall notify the City by 4:00 PM, Central Standard Time when a route may not be completed before 7:00 PM Central Standard Time. The Contractor shall notify the City immediately upon discovering a street, portion of a route, or a complete route was not collected as scheduled. When notification of a missed Collection is received by the Contractor before 2:30 PM Central Standard Time and such allegation cannot be disproved by using Global Positioning System (GPS) equipment to document the fact that the Contractor attempted to provide services to such customer, the Contractor shall dispatch a truck and provide the Collection before 7:00 PM Central Standard Time on the same day. When notification of a missed Collection is received by the Contractor after 4:00 PM Central Standard Time and such allegation cannot be disproved using GPS, the Contractor shall provide Collection Page 201 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 14 within the next 24 hours and inform all residents impacted by such missed Collection of the time the corrective Collection will be provided. When notification of a missed Collection is received after 4:00 PM Central Standard Time on the day preceding a holiday and such allegations cannot be disproved, the Contractor shall provide Collection within the first three (3) hours of the day after the holiday. 4.09 Materiality: Without limiting the materiality of other provisions of this Contract, the Contractor’s compliance with the complaint resolution, customer grievance, and reporting requirements of this Article 4 is and shall be a material term of this Contract. ARTICLE 5 Billings; Payments; Charges 5.01 Billing and Payments: 5.01.01 The City shall provide the Contractor a customer list for residential services and commercial services identifying each by address and level of service. The Contractor shall provide the City a customer list for all other customers, identifying each by level of service, address, name, and contact information. The City and the Contractor shall update the customer list each month. 5.01.02 The City will be responsible for billing and Collection of payments for residential services and commercial services based on the customer list. The Contractor will be responsible for all other billings and Collection of payments including other Roll-off services. The Contractor shall bill customers in accordance with this Contract and then-current fee schedule plus the then-current franchise fee. The Contractor shall not bill customers for any fees other than those specifically authorized in this Contract. 5.01.03 Within thirty (30) calendar days of the end of each month, the City shall remit to the Contractor payment, less any franchise fees, disputed amounts, administrative charges, and payments withheld in accordance with the Contract, for residential services and commercial services rendered by the Contractor and billed by the City for the prior month. 5.01.04 Within thirty (30) calendar days of the end of each month, the Contractor shall remit to the City payment for any franchise fees, and other payments in accordance with this Contract for services rendered by the Contractor or payments due for the prior month. 5.02 Administrative Charges (Liquidated Damages): The Contractor understands that if it does not timely perform its obligations pursuant to the terms of this Contract or violates any provision of the Contract, City will suffer damages which are difficult to determine and adequately specify. The City and the Contractor agree that the liquidated damage amounts set forth herein are not penalties but are instead an estimate of damages that the City and public will sustain if any of the types of breac hes listed below occur. In this regard, the Contractor agrees, in addition to any other remedies available to City, that City may withhold payment to Contractor in the amounts specified below as administrative charges for failure of the Contractor to fulfill its obligations. The following is a non-exclusive list of acts or omissions constituting breaches of this Contract entitling the City to withhold payment to the Contractor of the liquidated damage amount set forth for each such breach: 1. Failure to complete all collections between 7:00 a.m. and 7:00 p.m.: $1,000 per route. 2. Missed Collection: $100 per missed Collection in excess of two (2) missed collections per day. A missed Collection occurs when a customer reports a missed Collection, the address was not reported Page 202 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 15 by the Contractor as an unacceptable Set-out, and the Contractor cannot provide data demonstrating Collection vehicle traveled on street and collections occurred on street. 3. Missed Residential Unit block: $500 per incident the Contractor failing to pick up material on a block containing Residential Units. A missed Residential Unit block is where three (3) Residential Units on one side of a street between cross streets, or an entire cul-de-sac report a missed Collection. A missed Residential Unit block occurs when the addresses reporting missed collections were not reported by the Contractor as unacceptable Set-outs and the Contractor cannot provide data demonstrating Collection vehicle traveled on street and collections occurred on block. 4. Failure to correct a missed Collection as specified in this Contract: $100 per occurrence per day. 5. Failure to clean up spill as specified in this Contract: $250 per incident per day. 6. Failure to provide Collection at the same customer two (2) or more times within a thirty-day (30) period: $50 per occurrence over one (1) occurrence. 7. Failure to distribute unacceptable Set-out notice in accordance with the Contract: $20 per occurrence. 8. Failure to submit an accurate report in the specified format, as required by the Contract: $200 per report per calendar day. 9. Failure to submit an accurate accounting (i.e. invoice, quarterly and annual reports, and/or complaint reports in the specified format): Non-payment until an accurate monthly accounting is submitted. 10. Failure to respond to any customer complaint in accordance with this Contract: $200 per incident per calendar day. 11. Failure to be prepared to perform services on or after the commencement date: $3,000 per calendar day. 12. Commingling of materials in violation of this Contract: $1,000 each incident. 13. Prohibited disposal of Recyclable Materials: $2,000 each incident. 5.03 Remittance of Charges: The City may impose administrative charges in the amounts set forth above (or withhold such amounts from payments due to the Contractor) when the Contract Administrator determines that performance consistent with the provisions of this Contract has not occurred. The Contract Administrator shall notify the Contractor in writing or electronically of each act or omission under the terms of this Contract reported to or discovered by the City or its designee. It shall be the duty of the Contractor to take whatever steps or action may be necessary to remedy the cause of any complaint. 5.04 Remedies Cumulative. The City may deduct the full amount of any such charges from any payment due to the Contractor. The remedy available to the City under this paragraph shall be in addition to all other remedies which the City may have under law, at equity, or pursuant to the terms of this Contract. Contractor’s obligations to make payments for such charges under this section occurring prior to the expiration or termination of this Contract shall survive termination or expiration of this Contract. ARTICLE 6 Rates and Fees 6.01 Franchise Fee: For the right and privilege of using the City’s public rights-of-way to provide scope of services of this Contract, the Contractor, on the first day of each month during the term of the Contract, will pay the City a franchise fee equal to a percentage of gross receipts resulting from the operation of the Solid Waste Collection services within the City. The City may increase or decrease the franchise fee on an annual basis by written notice as a part of the annual price changes made in accordance with this agreement. All fees listed in Exhibit “E” exclude Franchise Fees. Page 203 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 16 6.02 Collection Fees: The fees assessed by Contractor to the City shall be as set forth in Exhibit “E” (“Solid Waste Collection Fees”). The fees may be modified during the term of this Contract, or any renewal term, only in accordance with the following provisions; provided, however, that the fees set forth in Exhibit “E” shall not be revised based on changes in the CPI-U or Fuel Adjustment during the first year of this Contract. 6.02.01 The Contractor may submit a written request for modification to fees on or before July 1, 2021 and every July 1 thereafter. If either party fails to submit a written request or notice of a fee modification on or before July 1st of any year, the existing fees shall apply throughout the following year. All fees shall remain fixed from the execution of this Contract through August 31, 2021. A fee adjustment may be based on: (1) changes to the CPI-U and (2) changes to the Fuel Adjustment. Any fee adjustment shall be effective of and from October of the year in which requested or notice d. City billing fees will be determined by the City and added to the base for residential, commercial, and dumpster rates. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. 6.02.02 The adjustment to fees based on CPI and Fuel Adjustment, whether an increase or decrease, shall be a composite of two indices: the Consumer Price Index ("CPI") Adjustment and the Fuel Adjustment as set forth herein. The parties agree that any annual fee adjustment, the sum of the CPI Adjustment and Fuel Adjustment, shall not exceed five percent (5%) for any single year. 1. CPI Adjustment. Fees will remain fixed as set forth in Exhibit “E” and may not be adjusted for changes in the CPI (as hereinafter defined), until August 31, 2021. Commencing on October 1, 2021 and continuing annually on each August 31st, fees, excluding Franchise Fee, may be adjusted by eighty percent (80.0%) of the Consumer Price Index, Dallas/Fort Worth Region for All Urban Consumers, less energy, Not Seasonally Adjusted, Base Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the “C.P.I.”) increase or decrease from the most recent October to the preceding October. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 2. Fuel Adjustment. Fees will remain fixed as set forth in Exhibit “E” and may not be adjusted for changes in fuel price (as hereinafter defined), until August 31, 2021. Commencing on August 31, 2021, and continuing annually on each August 31st, Recyclable Revenue Rebate and Rates, excluding Public Education Contribution and Franchise Fee, shall be adjusted by twenty percent (20.0%) of the US Department of Energy (“EIA/DOE”)’s Weekly Retail On Highway Diesel Prices for the Gulf Co ast increase or decrease during the preceding twelve months. The EIA/DOE currently publishes these prices on their website at the following location: http://tonto.eia.doe.gov/oog/info/wohdp/ diesel.asp. The Fuel Adjustment shall be based on the change in the index from the most recent price as of August 31st and the price as of the previous August 31st. 6.03 Recyclable Materials Revenues: Contractor shall retain all revenues from the sale of Recyclable Materials. Page 204 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 17 6.04 Audit: The City may, on reasonable notice, at reasonable times and at the City’s expense, request and conduct an audit of the Contractor’s books and records to establish compliance with the rates and fees charged under this Contract. To the extent allowed by law, the City will maintain confidentiality of all information received by the City in such audits. ARTICLE 7 Disaster Management 7.01 Disaster. The City and the Contactor will negotiate the services, including compensation, related to excessive debris and solid waste resulting from a force majeure event or occurrence, such as but not limited to wildfires, storms, floods, fires, tornados, earthquakes, ice storms, etc., determined by the City to have caused widespread destruction and which results in increased residential services tonnage by 20% or more from the average per household of historical residential services tonnage for the same quarter for the prior three years. Collection of all other Disaster Debris (at less than the foregoing 20% limitation) shall be provided by the Contractor at no additional charge. The City may further require the Contractor to submit a disaster management plan that may be incorporated into this Contract. 7.02 Force Majeure. The occurrence of a force majeure event shall in no way relieve Contractor of any of its obligations under this Contract, and Contactor shall make best efforts to provide the same or comparable level of service as provided prior to the event. ARTICLE 8 Insurance; Indemnification; Bond 8.01 Generally. The Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amount as may be necessary to protect itself and the interest of the City against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the underwriter thereof in each case, shall be acceptable to the City but regardless of such acceptance it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure of the Contractor to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation. 8.02 Certificates, Generally. Satisfactory certificates of insurance shall be filed with the City prior to starting any work under this Contract. The certificates shall state that thirty (30) calendar days advance written notice will be given to the City before any policy covered thereby is changed or canceled. 8.03 Compliance and Ratings. The Contractor shall comply with all Federal, State and local laws and ordinances relating to Social Security, Unemployment Insurance, Pensions, etc. All insurance providers used to meet the requirements of this section must have an A.M. Best rating of “A” or better and be authorized to conduct business in the State of Texas. 8.04 Workers Compensation Insurance Coverage. 8.04.01 Definitions related to Workers Compensation Insurance Coverage: 1. Certificate of coverage ( or "certificate") is a copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84 or equivalent), showing statutory workers' compensation insurance coverage for the Contractor’s employees providing services under this Contract for the duration of this Contract. Page 205 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 18 2. “Duration of this Contract” includes the time from the commencement of services and continuing for seven years plus any optional renewal term(s) and/or other extensions. 3. “Persons providing services” includes all persons or entities performing all or part of the services the Contractor has undertaken to perform under this Contract, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services related to this Contract. 4. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to this Contract. “Services” does not include activities unrelated to this Contract, such as parts suppliers, office supply deliveries, or other incidental vendors. 8.04.02 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on this Contract. 8.04.04 The Contractor must provide a certificate of coverage to the City prior to commencement of service. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of this Contract, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. 8.04.05 The Contractor shall obtain from each person providing services under the Contract, and provide to the City: 1. a certificate of coverage, prior to that person beginning work related to this Contract, so the City will have on file certificates of coverage showing coverage for all persons providing services related to this Contract; and 2. no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of this Contract. 8.04.06 The Contractor shall retain all required certificates of coverage for the duration of this Contract and for one year thereafter. 8.04.07 The Contractor shall notify the City in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services related to this Contract. 8.04.08 The Contractor shall post at the office where the vehicles serving the City are based a notice in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services related to this Contract that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Page 206 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 19 8.04.09 The Contractor shall contractually require each person with whom it contracts to provide services to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory definitions/requirements of Texas Labor Code, §401.011(44) for all of its employees providing services related to this Contract, for the duration of this Contract; 2. provide to the Contractor, prior to that person beginning work, a certificate of coverage showing that coverage is being provided for all employees of the person providing service, for the duration of this Contract or services; 3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of certificate of coverage ends during the duration of this Contract or services; 4. obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of this Contract; 5. retain all required certificates of coverage on file for the duration of this Contract or services and for one year thereafter; 6. notify the City in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs 8.04.01 – 8.04.07, with the certificates of coverage to be provided to the person for whom they are providing services. 8.04.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services under this Contract will be covered by workers' compensation coverage for duration of this Contract. The Contractor also represents that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 8.04.11 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare this Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. Page 207 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 20 8.05 Comprehensive Automobile Liability. 8.05.01 The Contractor’s automobile liability insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. 8.05.02 The liability limits shall not be less than: Bodily Injury ...$1,000,000/person ...$1,000,000/occurrence Property Damage ...$1,000,000/occurrence 8.05.03 The insurance shall be of the occurrence type and name the City as an additional insured with a requirement that the City be notified at least 30 days in advance of any material change in policy terms, including cancellation. There shall be no deductible applied to the City as additional insured. 8.06 Comprehensive General Liability. 8.06.01 The Contractor’s general liability insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or the Contractor’s agents, employees, or subcontractors. In addition, this policy shall specifically insure the contractual liability assumed by the Contractor under Section 8.07. 8.06.02 To the extent that the Contractor's work, or work under the Contractor’s direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: Bodily Injury ...$1,000,000/person ...$1,000,000/occurrence Property Damage ...$1,000,000/occurrence ...$2,000,000/aggregate The insurance shall be of the occurrence type and shall name the City as an additional insured. There shall be no deductible applied to the City as additional insured. 8.07 DEFENSE OF SUITS. IF ANY ACTION IN COURT IS BROUGHT AGAINST THE CITY, OR ANY OFFICER OR AGENT OF THE CITY, FOR THE FAILURE, OMISSION, OR NEGLECT OF THE SUCCESSFUL PROPOSER TO PERFORM ANY OF THE COVENANTS, ACTS, MATTERS, OR THINGS UNDER THE CONTRACT; OR FOR INJURY OR DAMAGE CAUSED BY THE ALLEGED NEGLIGENCE OF THE SUCCESSFUL PROPOSER OR THE CONTRACTOR’S SUBCONTRACTORS OR ANY OF THE CONTRACTOR’S OR SUBCONTRACTORS’ AGENTS, OR IN CONNECTION WITH ANY CLAIM BASED ON LAWFUL DEMANDS OF SUBCONTRACTORS, WORKMEN, MATERIAL MEN, OR Page 208 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 21 SUPPLIERS THE SUCCESSFUL PROPOSER SHALL INDEMNIFY, DEFEND AND SAVE HARMLESS THE CITY AND ITS OFFICERS AND AGENTS, FROM ALL LOSSES, DAMAGES, COSTS, EXPENSES, JUDGMENTS, OR DECREES ARISING OUT OF SUCH ACTION. 8.08 INDEMNITY AND RELEASE. THE SUCCESSFUL PROPOSER IS SOLELY RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY (AND ANY OF THE CITY’S REPRESENTATIVES OR EMPLOYEES), FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSE TO ALL PERSONS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES) ARISING OUT OF, RESULTING FROM, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES UNDER THIS CONTRACT THAT IS (I) ATTRIBUTABLE TO ANY BODILY OR PERSONAL INJURY, SICKNESS, DISEASES OR DEATH OF ANY PERSON OR ANY DAMAGE OR INJURY TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY INCLUDING WITHOUT LIMITATION THE LOSS OF USE THEREOF, AND (II) CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF THE SUCCESSFUL PROPOSER, ANY SUBCONTRACTOR OR SUPPLIER, THEIR RESPECTIVE AGENTS OR EMPLOYEES OR ANY OTHER PARTY FOR WHOM ANY OF THEM MAY BE LIABLE REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED HEREUNDER. SAID INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT SHALL ALSO APPLY TO CLAIMS ARISING FROM ACCIDENTS TO THE SUCCESSFUL PROPOSER, ITS AGENTS OR EMPLOYEES, WHETHER OCCASIONED BY THE SUCCESSFUL PROPOSER OR ITS EMPLOYEES, THE CITY OR ITS EMPLOYEES, OR BY ANY OTHER PERSON OR PERSONS. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER WORKERS’ OR WORKMEN’S COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS. THIS SECTION 8.08 PROVIDES FOR SOLE LIABILITY OF THE CONTRACTOR REGARDLESS OF WHETHER SUCH IS CAUSED IN PART BY THE NEGLIGENT, STRICT LIABILITY OR OTHER ACT OR OMISSION OF A PARTY OR PARTIES INDEMNIFIED HEREUNDER. 8.09 Performance Bond. A performance bond in the amount of $250,000.00 which will be re-evaluated annually. This will be maintained and renewed each year during the term of this Contract. Proof of renewal of the bond must be submitted to the City prior to August 31 each year of this Contract. The performance bond shall guaranty full and faithful performance of this Contract and the bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bond. The performance bond furnished by the Contractor shall be i n form suitable to the City and shall be executed by a surety, or sureties, reasonably suitable to the City and authorized to do business in the State of Texas. The bond will be maintained and renewed each year during the term of the Contract. Proof of r enewal of the bond must be submitted to the City prior to August 31st each year of the Contract. Page 209 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 22 ARTICLE 9 Implementation Plan The Contractor will comply with the Implementation Plan attached as Exhibit “A” (or which shall be deemed to be attached as Exhibit “A” once completed by Contractor and approved by the City Manager), which may be revised and supplemented by mutual agreement. In order to minimize problems during implementation of this Contract, to provide a forum for discussing and resolving any operational questions or issues that may arise, and for updating the Implementation Plan the p arties agree to meet on a regular basis as follows: 1. The period from the date this Contract is executed until six months after the actual Collection services begin (or such earlier date as may be mutually agreed to by the parties) shall be referred to as the "Implementation Phase". During the Implementation Phase, meetings shall be held between representatives of the parties on a weekly basis, or on such more or less frequent basis as may be mutually agreed. The primary purposes of such meetings shall be to develop and/or refine the Implementation Plan, to evaluate the Contractor’s performance in implementing this Contract and services hereunder, to evaluate container delivery progress or problems, to air and seek resolution of complaints, to discuss any actual or perceived problems with service, and to discuss promotion, public information and public relations. 2. After the Implementation Phase, meetings shall be held at least on a monthly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. 3. Meetings shall be held at the offices of the City unless otherwise agreed upon by the parties. Each party shall be available for at least 90 minutes per meeting, unless otherwise agreed in advance. Meetings shall be held during normal business hours. ARTICLE 10 Miscellaneous 10.01 The Contractor shall at all times and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to its performance of this Contract, and shall further ensure that all subcontractors observe and comply with said laws, ordinances and regulations. 10.02 This Contract shall be governed by the laws of the State of Texas. Exclusive venue for any cause of action arising under this Contract or the work to be performed hereunder shall be in the state courts of Collin County, Texas. 10.03 The City and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the City, which will not be unreasonably withheld. 10.04 The provisions of this Contract are severable; if any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not been included herein. Page 210 of 385 _______________________________________________________________________________ SOLID WASTE COLLECTION AND DISPOSAL CONTRACT PAGE 23 10.05 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the City to object to any nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this Contract, nor shall such failure to object or enforce estop the City from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 10.06 Nothing in this Contract shall be deemed to waive any immunity, sovereign, governmental, official, qualified or otherwise, from liability or suit, which the City may have or assert, except as may be provided by law, all such immunities being hereby expressly retained. 10.07 All notices required by this Contract shall be in writing and presumed received when deposited in the mail properly addressed and sent certified mail, return receipt requested, to the other party at the address set forth herein or set forth in a written designation of change of address delivered to all parties. However, notice of breach, of assessment of charges, or of intent not to renew shall be sent by certified mail, return receipt requested, and no electronic transmission thereof shall be deemed sufficient. 10.08 This Contract shall be effective on the last date affixed to the parties’ signatures below. AGREED: CARDS DALLAS INC By: ______________________________ Dan Christensen, Vice President 3020 Sargent Road Dallas, Texas 75203 CITY OF ANNA, TEXAS By: ____________________________ Jim Proce, City Manager 111 N. Powell Parkway Anna, Texas 75409 Page 211 of 385 Exhibit A: Implementation Plan Page 212 of 385 Exhibit A Timeline for Execution Key project dates are outlined below. Dates are best-guess estimates and are subject to change until a contract is executed. Description Start Date End Date Duration Order Carts Carts have been ordered 1 day Create literature for customers 15 days prior 10 days prior 5 days Obtain approval for print of literature 10 days prior 10 days prior 1 day Print and make available all pertinent customer information 9 days prior 1 day Distribute carts w/service day information and approved flyers August 17th- August 28th 14 days Deliver Commercial/ Industrial Containers TBD Meeting with Bradshaw for Transition Date Begin Service September 1, 2020 August 31, 2027 7 years Attend a Q&A session at village hall and answer questions from the public TBD TBD TDB Review concerns with town board Ongoing Ongoing Ongoing Page 213 of 385 Exhibit B: City’s Request for Proposal with Addendum Page 214 of 385 Page 215 of 385 Request for Proposals Solid Waste and Recycling Services RFP # 2020-01 Proposal Deadline: May 15, 2020 @ 3:00 PM, CST Deliver or Mail to: City of Anna City Secretary’s Office 111 N. Powell Parkway Anna, Texas 75409 Page 216 of 385 City of Anna RFP # 2020-01 2 TABLE OF CONTENTS 1. NOTICE TO PROPOSERS ...............................................................................................................................................3 2. INSTRUCTIONS TO PROPOSERS ................................................................................................................................4 3. EVALUATION CRITERIA AND AWARD PROCEDURES .......................................................................................6 4. TENTATIVE SCHEDULE OF ACTIVITIES ...................................................................................................................... 7 5. BACKGROUND AND SCOPE OF SERVICES .............................................................................................................8 6. INSURANCE, PERFORMANCE BOND, AND INDEMNITIES .................................................................................... 17 7. BILLING AND PAYMENTS, ADMINISTRATIVE CHARGES, AND OTHER FINANCIAL TERMS ............ 20 8. PROPOSAL FORMAT AND CONTENT .................................................................................................................... 22 Page 217 of 385 City of Anna RFP # 2020-01 3 1. NOTICE TO PROPOSERS THE CITY OF ANNA, TEXAS Request for Proposals Sealed proposals for RFP # 2020-01 “Solid Waste and Recycling Services” will be received at the City of Anna, City Secretary Office, 111 N. Powell Parkway, Anna, Texas 75409, until 3:00 PM, CST, May 15th, 2020. Proposals will be opened, and Proposers names will be publicly read at the City Hall Council Chambers, 111 N. Powell Parkway, Anna, Texas 75409. Proposals received after the proposal deadline will be returned unopened. RFP documents are available for download at http://www.annatexas.gov/ Publish dates: 04/23/2020 and 04/30/2020 Page 218 of 385 City of Anna RFP # 2020-01 4 2. INSTRUCTIONS TO PROPOSERS Section 201. Delivery of Proposals RFP documents are available for download at http://www.annatexas.gov/. Proposals must be prepared on the proposal forms in the RFP. All requested documentation must be submitted with the proposal. Sealed proposals, one original (so marked) and ten (10) copies of the proposal and a CD or USB stick with an electronic copy of the proposal in pdf searchable format in a sealed box, will be received by City of Anna at Anna City Hall, 101 S. Powell Parkway, Anna, Texas 75409, until 3:00 PM, CST, May 15, 2020. The outside of the sealed box should be clearly marked “Solid Waste and Recycling Services RFP #2020-01 Proposal” and include the proposer’s name, contact person, address, telephone number, e-mail address and attention City of Anna. Any proposal received after stated proposal deadline will be returned unopened. Reliance on the post office or delivery services will not be considered an adequate reason for granting an exception for failure to meet the required deadline for consideration of proposals. Section 202. Withdrawal of Proposals Proposer may withdraw his proposal at any time prior to the last date and time specified for the proposal deadline. A proposer may resubmit his proposal at any time prior to the proposal deadline, pursuant to the procedures and requirements stated herein. Once proposals are opened, no proposer may modify or withdraw his proposal within one hundred eighty (180) days after the proposal deadline. Section 203. Mandatory Pre-proposal Conference There will be no pre-proposal conference. Section 203. Explanations, Clarifications, and Interpretations Any explanation, clarification, or interpretation desired by a proposer regarding any part of this RFP must be requested via email from Public Works, ssmith@annatexas.gov, before 5:00 PM, CST on May 8th, 2020. No further inquiries will be accepted after 5:00 PM, CST on May 8th, 2020. If the City, in its sole discretion, determines that an explanation, clarification, or interpretation is required, such shall be issued in writing by addendum. Explanations, clarifications, or interpretations to the RFP made in any other manner other than writing by addendum are not binding upon the City, and proposers shall not rely upon such explanations, clarifications, or interpretations. Only written explanations, clarifications, or interpretations by addendum shall be binding. No proposer shall rely upon any explanations, clarifications, or interpretations given by any other method. Section 204. Schedule Changes or Other Addendums to the RFP Schedule changes or other addendums to the RFP will be published in the bid section of the City’s web site: https://www.annatexas.gov/formcenter then click on hyperlink located under “Current Bids” and e-mailed to all individuals attending the mandatory pre-proposal conference. It is the obligation of each proposer to make sure that it has received any and all addenda prior to submitting its proposal. Section 205. Information Contained in the RFP The information set forth in this Request for Proposal (RFP) and in all appendices attached hereto has been presented solely to assist interested proposers in making their own evaluation of the resources required to provide solid waste and recycling services to the City and is not intended to be all inclusive or to contain all of the information that a prospective proposer may desire. The City offers no warranties as to the accuracy of the information provided in this RFP. The City has made no independent effort to determine the accuracy of completeness of such information. The proposer is solely responsible for making all necessary investigations and evaluations of information, wh ich will or could affect their performance including costs of providing the requested services. The proposer agrees that it has satisfied itself by proposer’s own investigation and evaluations of information which will or could affect their performance, and that proposer’s proposal is based upon such investigation and evaluations of information, and that Proposer shall make no claim against the City because of any information in this RFP which may prove to be erroneous in any respect. Section 206. Definitions Terms defined in Appendix A and their derivations shall have the meanings as set forth in Appendix A. Section 207. Proposer Contact with the City Page 219 of 385 City of Anna RFP # 2020-01 5 To ensure an objective, orderly award process that provides all potential proposers an equal opportunit y to compete for and win city business, the following requirements will be enforced during the proposal process: 1. All requests for information will be made in writing to Public Works staff at ssmith@annatexas.gov in accordance with Section 130. 2. No direct contact with or lobbying of city management, members of the RFP evaluation committee or the City Council will be permitted during the RFP process. 3. No gifts, lunches or other gratuities will be accepted by the City. 4. Vendors not complying with the above requirements will be disqualified. Section 208. Right to Reject Until the final award by the City of Anna, the City reserves the right to reject any and/or all proposals, to waive any informalities or technicalities and to proceed otherwise when the best interests of the City will be realized. Costs incurred in the preparation of a proposal are the sole responsibility of the proposer. Section 209. Open Records Act and Ownership of Proposal The City is subject to the Texas Public Information Act, a state law which may require the City to make the information provided in response to this Request for Proposal available to the public upon request following award. All responses relative to this request for proposals and all information/charts/graphs, etc. produced as a result of this service, if selected, shall become the property of the City of Anna without any restrictions on usage, subject to exceptions under the Texas Public Information Act, and are no n-returnable. Applicant may maintain a copy of such material for their records as necessary or required by industry standards. Section 210. Accommodations or Sign Interpretative Services The City of Anna City Hall is wheelchair accessible. For accommodations or sign interpretive services needed for mandatory pre-proposal conference and/or proposal opening, please contact Loretta Blacketer in the City Manager’s Office 48 hours in advance at (972) 924-3325. Page 220 of 385 City of Anna RFP # 2020-01 6 3. EVALUATION CRITERIA AND AWARD PROCEDURES Section 300. Criteria for Evaluating Proposals All proposals will be evaluated by a Proposal Evaluation Committee appointed by the City Manager. The committee will review the proposals. The committee may conduct site visits, reference checks, independent verification of credit ratings, corporate reputation, etc. and any other procedures or due diligence. During the review process, the City reserves the right, to request additional information or clarifications from those that submitted proposals. In addition, the City reserves the right to conduct interviews of all or select proposers. Proposal will be ranked according to the proposal evaluation criteria as shown in Table 3.1. The committee will recommend the proposer that demonstrates the best value for the City based on the proposal evaluation criteria. Table 3.1: Proposal Evaluation Criteria Criteria Percent of Total Proposal Cover Sheet Prerequisite Mandatory Forms Prerequisite Proof of Satisfaction of Minimum Experience Prerequisite Financial Stability 10% Experience 25% Proposed Approach 25% Financial Proposal 40% 100% Section 301. City Council Award The Proposal Evaluation Committee will recommend the winning proposer to the City Council for award. Award of Contract, if any, will be made by formal action of the City Council. Rules prohibiting contact with city officials as described in the “Notice to Proposers” will be strictly enforced and will result in disqualification of any proposer from further consideration. Proposers shall not offer or present gifts of any kind to individual council members or the council as a whole, or to City staff. Page 221 of 385 City of Anna RFP # 2020-01 7 4. TENTATIVE SCHEDULE OF ACTIVITIES April 21, 2020 RFP posted on web site April 23, 2020 First publication April 30, 2020 Second publication May 8th, 2020, 5:00 PM, CST Deadline for explanations, clarifications, or interpretations May 15th, 2020, 3:00 PM, CST Proposal deadline May 18th – May 22nd , 2020 Finalist interviews May 26th, 2020 Award of contract by City Council August 31, 2020 Commencement of services Page 222 of 385 City of Anna RFP # 2020-01 8 5. BACKGROUND AND SCOPE OF SERVICES Section 500. Background Information The City’s current contract for solid waste and recycling services expires on August 31, 2 020. The current contract provides for residential services, commercial services, roll-off services, and City services. The current contractor is responsible for disposal of all solid waste and processing of all recyclable materials collected pursuant to t he contract. This section provides background information regarding the current contract for solid wa ste and recycling services. Section 500.01. Residential Services Under the current contract, the contractor provides solid waste and recycling services to approximately six thousand (6,000) residential units. Estimated projected growth for the next five y ears reflects a 50% increase in residential units. Residents receive once per week collection of solid waste, program recyclable materials, and monthly collection of bulky waste. The current contractor provides semi-automated collection of solid waste and program recyclable materials via contractor provided carts. Currently, residential services, including bulky waste services, is limited to two cubic yards. The City is seeking to increase this to three cubic yards. Residents may set-out excess solid waste and program recyclable materials outside the carts. The current contractor collects all solid waste, program recyclable material s, and bulky waste set-out by customers. Table 5.1 shows the tonnage collected via residential services by material from Fisca l Year 2012/2013 through 2015/2016. Additional tonnage information is provided in Appendix B. Table 5.1: Residential Services Tonnage by Material (Fiscal Year 2015/2016 – 2018/2019) 1 Fiscal Year Solid Waste 2 Program Recyclable Materials Yard Trimmings 2 Total 2015 - 2016 6,958 2,669 904 10,531 2016 - 2017 7,566 2,843 983 11,392 2017 - 2018 8,401 3,140 1,008 12,549 2018 - 2019 9,079 3,350 1,089 13,518 Average 8,001 3,005 996 11,998 1. Source: Reports from current contractor and calculations made by staff. Contractor to verify anticipated collection volumes. 2. Bulky waste tonnage is included in solid waste or yard trimmings. The current contractor provides collection of solid waste and program recyclable materials to residential units at the street curb in front of the residential unit. Currently there are no residential subdivisions with rear -entry driveways connected to an alley. However, this is subject to change as new residential developments occur in the City. Currently all residents receive collection of solid waste materials each Tuesday and program recyclable materials each Friday. Bulky waste collection is provided on the same day as collection of recyclable materials once per month on the third Friday of each month. Page 223 of 385 City of Anna RFP # 2020-01 9 Section 500.02. Commercial Services In addition to providing residential services, the current contractor provides solid waste and recycling services to approximately eighty (80) commercial units which includes the ten (10) City facilities, Anna ISD facilities, and multifamily buildings. Estimated projected growth for the next five years reflects a 15% increase in commercial unit s to include an addition of approximately 800 multi-family units. Commercial units that generate relatively smaller quantities of waste receive solid se rvices via carts. The majority of commercial units receive solid waste services via dumpsters. Table D.2 provides a summary of current solid waste service levels for commercial units. Table 5.2: Commercial Services Solid Waste Service Level Information by Container Count/Size (Fall 2019) Weekly Collection Frequency1 Container Type Container Count/Size 1 2 3 4 5 6 Total Cart 1- 95 gallon cart 23 0 0 0 0 0 0 2- 95 gallon carts 9 0 0 0 0 0 0 3- 95 gallon cart s 8 0 0 0 0 0 0 Subtotal Carts 40 0 0 0 0 0 40 Dumpster 2 CY dumpster 4 1 0 0 0 0 0 3 CY dumpster 4 1 2 0 0 0 0 4 CY dumpster 7 3 0 0 0 0 0 6 CY dumpster 8 2 3 0 7 0 0 8 CY dumpster 3 7 11 1 3 0 0 Subtotal Dumpster 26 14 16 1 10 0 67 Total Commercial 66 14 16 1 10 0 107 Section 500.03. Roll-off Services The current contractor is also the exclusive provider of roll-off services within the City. The City does not have any historical information related to roll-off services provided by the current contractor. Section 500.04. City Services The current contractor provides City services at no charge. The following is a summary of City services provided at no charge under the current contract: 1. City Facilities Solid Waste and Recycling Services. Solid waste and recycling services to City facilities. Additional City facilities service level is provided in Appendix C. 2. City Sponsored Events Solid Waste Services. Solid waste services for up to twenty-five (25) containers per City sponsored event (i.e. April Clean Up Campaign, Memorial Day Celebration/Touch a Truck, Fireworks on Main, Holiday Parade and Festival) Section 501. Scope of Services The purpose of this section is to familiarize proposers with the requested scope of services. Services performed will be in accordance with the following scope of services. Section 501.01. Contract Term The contract awarded in response to this RFP will commence on August 31, 2020. The Cit y is considering an initial term of five (5) years or seven (7) years. After the initial term, the City may renew the contr act for three (3) additional renewal terms of one (1) year each. The successful proposer may prohibit City from exercising an optional renewal term by providing written notice to the Contract Administrator of its election to reject a renewal term on or before eleven (11) months preceding the scheduled date of expiration of the initial term or the then current optional renewal term of the contract. If The successful proposer does not provide such written notice to the Contract Administrator on or before eleven (11) months preceding the scheduled date of expiration of the initial term or the then current optional renewal Page 224 of 385 City of Anna RFP # 2020-01 10 term of the contract prohibiting City from exercising the optional renewal term, the City may upon written notice to the successful proposer not later than ninety (90) calendar days preceding the scheduled date of expiration of the initial term or the then current optional renewal term of the contract exercise such optional renewal term by such notice. This provision in no way limits the City’s right to terminate the contract at any time during the initial term or any optional renewal term thereof pursuant to the provisions in the contract. Section 501.02. Exclusive Services The successful proposer shall have the exclusive right to provide all so lid waste collection services to residential units, commercial units and Anna Independent School District. The exclusive right does not include properties located in the Anna Extraterritorial Jurisdiction (ETJ). However, the successful proposer is not proh ibited from seeking to provide trash collection services to properties in the ETJ. The exclusive right inclu des the provision of solid waste collection services to construction projects within the City. In addition, the successful proposer shall have the e xclusive right to provide all recycling collection services to residential units. The successful proposer sh all have the non-exclusive right to provide recycling collection to commercial units and City facilities. The successful proposer, not the City, sha ll be solely responsible for defending the rights granted to the successful proposer herein against third pa rties. Section 501.03. Residential Services The successful proposer will provide once per week solid waste services and once per week recycling se rvices to each residential unit. The City is considering whether to maintain the current solid waste service level. Prior to award of the contract, the City will decide whether solid waste services will be (i) once per week solid waste and once per week recycling services or (ii) twice per week solid waste and once per week recycling services. Solid waste and recycling services will be provided utilizing 96-gallon carts. Residential customers may also request additional carts, up to a total of 4 carts (in any combination), subject to additional fees, which will be determined in the final contract. The successful proposer shall collect all solid waste contained in solid waste carts and program recyclable materials contained in recycling carts. In addition, the successful proposer shall collect all Christmas trees outside of carts for the two weeks following December 25th. Residential service units may request up to one additional cart for solid waste and one additional cart for recycling. The successful proposer will provide bulky waste services to each residential unit. The City is considering options related to bulky waste service levels. Prior to award of the contract, the City will decide whether bulky waste services will be (i) once per month or (ii) once per month with an additional one call-in per month. bulky waste services will be limited to three (3) cubic yards per collection. Section 501.04. Commercial Services In addition to residential services, the successful proposer will provide collection of solid waste via dumpsters to commercial units. The successful proposer will provide at a minimum once per week solid waste services to each commercial unit. For commercial units that are low waste generators, the successful Proposer will provide once pe r week collection of solid waste via one up to three 96 gallon carts. For other commercial units, the successful proposer will provide once per week up to six days per week collection of solid waste via 2 cubic yard (CY), 4 CY, 6 CY, and 8 CY dumpsters without vertical compactors and 4 CY, 6 CY, and 8 CY dumpsters with vertical compactors. In addition to solid waste services, the successful Proposer will offer, as a non-exclusive service, recycling services to commercial units. To incentivize recycling, the service fee for recycling services shall be equal to or less than the equivalent service fee for solid waste services. Section 501.05. Roll-off Services The successful proposer will provide solid waste services via roll-offs to customers. The successful proposer will provide solid waste services via 20 CY, 30 CY, and 40 CY roll -offs with and without compactors. In addition, the City is considering whether to include household hazardous waste and electronics services as part of residential services. If the City elects to include household hazardous waste and electronics services as part of residential services, the successful proposer will provide (i) two annual collection events in the City for household hazardous waste and electronics recycling or (ii) a drop -off location for household hazardous waste and electronics recycling which is maintained by the successful proposer. Prior to award of the contract, the City and the successful proposer will agree to the terms, limits, and processes for hazardous waste and electronics services collection. Page 225 of 385 City of Anna RFP # 2020-01 11 Section 501.06. City Services The successful proposer will provide City services at no charge to the City. City services includes the followin g: 1. City Facilities Solid Waste Services and Recycling Services. The successful proposer will provide solid waste services and recycling services to all current and future City facilities. This includes hauling and disposing of sludge from the City’s wastewater treatment plant. 2. Collection and Disposal Illicit and Illegal Dumping on City Property. The City will occasionally have appliances or other bulky debris illegally dumped on city property such as greenbelts, parks, medians or rights of way. The successful proposer will collect and dispose of such materials at no charge. The City will be responsible for notifying the successful proposer and the successful proposer will have up to two (2) business days to complete the task. 3. City Sponsored Special Events. The successful proposer will provide solid waste services and recycling services to any City sponsored special event. Currently the City hosts 3-5 special events per year. The successful proposer will provide up to twenty-five (25) 90-96 gallon solid waste carts and twenty-five (25) 90- 96 gallon recycling carts per event or containers equivalent to. The City will provide a two week notification to the successful proposer to schedule such events and provide information on the number of carts needed and the location to stage carts and pick up. Upon completion of the event, the successful proposer will pick up the carts within 24 hours. 4. Animal Services Special Services. The City will occasionally have dead animals located within medians or rights of way. The successful proposer will provide collection and disposal of dead animals to the County Animal Services located at 4750 Community Avenue, McKinney, TX 75071. The successful proposer will collect and dispose of such materials at no charge. The City will be res ponsible for notifying the successful proposer and the successful proposer will have one (1) business day to complete the task. 5. Community Support. The successful proposer will provide a financial contribution of $15,000 per contract year for sponsoring City special events and a scholarship program for Anna ISD graduating seniors. The successful proposer will be allowed to provide promotional materials and participate in the events and programs based on mutually agreed terms between the City and the successf ul proposer. Section 501.07. Disposal and Processing Services The successful proposer will be responsible for providing disposal services. successful Proposer shall have and maintain during the term hereof, adequate disposal and processing capacity for the City’s needs. All solid waste collected under the contract shall be disposed at a disposal site properly authorized under all applicable federal, state and local laws. All recyclable materials collected under the contract shall be processed at a proces sing facility properly authorized under all applicable federal, state and local laws. The successful Proposer will be responsible for processing all recyclable materials collected from the City. The successful proposer must process a minimum of ninety-five percent (95%) by weight of program recyclable materials from residential customers into recovered material per month. Prior to award of the contract, the City and the successful proposer will agree to the minimum processing requirements for haz ardous waste and electronics services collection. Section 501.08. Set-out Limits The successful proposer shall collect all solid waste and recyclable materials set -out in carts, dumpsters, and roll-offs. For residential units, the successful proposer shall collect all Christmas trees from residential service units for the two - week period following December 25th of each year. If the City elects once per month bulky waste services for residential units, the successful proposer shall collect up to four (4) cubic yards of bulky waste per collection. If the City elects once per month bulky waste service with an additional one bulky waste services call -in per month for residential units, the successful proposer shall collect four (4) cubic yards of bulky waste per collecti on from each residential unit. The successful proposer is not responsible for collecting in excess of the set-out limits. It shall be the successful proposer’s responsibility to give notice first to the customer and also to Contract Administrator if a set -out exceeds the set-out limits. The successful proposer shall tag items placed for collection that are not collectable under the terms of the contract. The successful proposer shall promptly notify the City of the address where the tagged item is located but no later than by 10:00 AM, Central Time, the next business day. The process and forms utilized to provide notice to customers will need to be approved by the Contract Administrator. The City shall be the sole and final judge as to whether a set-out exceeds the set-out limits. Page 226 of 385 City of Anna RFP # 2020-01 12 to be approved by the Contract Administrator. The City shall be the sole and final judge as to whether a set-out exceeds the set-out limits. Section 501.09. Inspection of Set-outs The successful proposer may inspect each set-out prior to collection for compliance with the contract. Prior to collection of the set-out, the successful proposer may designate a set-out as an unacceptable set-out for the following reasons: 1. Set-out exceeds the set-out limits established in the contract; or 2. Set-out of program recyclable materials contains more than twenty -five percent (25%) of non-recyclable materials by weight. The successful proposer may not designate a set-out as an unacceptable set-out for any reason other than those identified in the contract. If the successful proposer designates a set-out as an unacceptable set-out for any of the reasons set forth in the contract, the successful proposer shall: 1. Collect the portion of the set-out that is properly set-out; and 2. Immediately provide an unacceptable set-out notice to the customer stating the reason the set-out or portion of the set-out was designated as an unacceptable set-out. For all unacceptable set-outs, the successful proposer shall provide a written report of the unacceptable set -outs including the address, reason set-out was an unacceptable set-out, and other information as requested by the City to the City by 10:00 AM, Central Time, the next business day. Section 501.10. Collection Location It is the City’s intention to continue residential services collection, including bulky waste, at the same location as the residential unit has received in the past. The successful proposer shall provide collection of solid waste and program recyclable materials for each residential unit at the street curb in front of the residential unit. Side door collection for those residents that are physically unable to place their cart in the required location will be provided at no additional charge. Collection of bulky waste for each residential unit shall be provided at the street curb in front of the residential unit. All other collections shall be provided at a location agreed upon between the successful proposer and the customer and not objected to by the City. Section 501.11. Collection Days and Schedule Collection shall be provided between 7:00 AM, Central Time and 7:00 PM, Central Time. Excludi ng call-in services, the successful proposer shall perform collections on a regular schedule on the same day and approximately the same time each week. Residential services shall be provided Monday through Friday. Commercial services shall be provided Monday through Saturday. The successful proposer shall not change collection days or schedules to residential units without written authorization by the Contract Administrator. The City and the successful proposer shall mutually agree to holidays to be observed. If the holiday falls on a regularly scheduled workday, collections for the holiday and each day thereafter will be delayed one day and Friday’s material shall be collected on Saturday. The City shall determine the service level, including container type and collection frequency, and schedule for all City facilities services. Commercial services and roll-off services customers and the successful proposer shall agree upon the collection schedule and days subject to no objection by the City. Section 501.12. Missed Collections The successful proposer shall notify the City by 4:00 PM, Central Time when a route may not be completed before 7:00 PM, Central Time. The successful proposer shall notify the City immediately upon discovering a street, portion of a route, or a complete route was not collected as scheduled. When notification of a missed collection is received by the successful proposer before 4:00PM, Cen tral Time and such allegations cannot be disproved by GPS documenting the successful proposer attempted to provide services to such customer, the successful proposer shall dispatch a truck and provide the collection before 7:00 PM, Central Time on the same day. When notification of a missed collection is received by the successful proposer after 4:00 PM, Central Time and such allegations cannot be disproved, the successful proposer shall provide collection within the next 24 hours and inform all residents i mpacted by such missed collection of the time the corrective collection will be provided. When notification of a missed collection is received after 4:00 PM, Central Time on the day preceding a holiday and such allegations cannot be disproved, the successf ul proposer shall provide collection within the first three (3) hours of the day after the holiday. Page 227 of 385 City of Anna RFP # 2020-01 13 Section 501.13. Program Recyclable Materials At a minimum, the successful proposer shall collect, in a single stream system, the following recyclable materials: mixed waste paper (including corrugated cardboard, newspaper, junk mail, phone books, beverage packaging, cereal boxes, chipboard, envelopes, and magazines etc.), bagged shredded paper, steel and tin cans (fruit and vegetable cans), aluminum cans, plastic containers - # 1,2,3,4,5 & 7, glass bottles/jars/containers. The City requests proposers to identify other materials that City may include in the Recycling Services. Section 501.14. Bulky Waste Bulky waste must, at a minimum, include yard waste an d any item that will not properly fit inside of a cart, and or requires special attention. The successful proposer may opt to use a mulching or composting facility for the yard waste, however, the City will not place additional or special requirements on r esidents to separate or prepare yard waste for this purpose. Section 501.15. Disaster Debris The City and the successful vendor will negotiate the services including compensation related to debris resulting from an event or occurrence, such as but not limited to wildfires, storms, floods, fires, tornados, earthquakes, etc., determined by the City to have caused widespread destruction and distress and increased residential services tonnage by 20% or more from the average per household of historical resident ial services tonnage for the same quarter for the prior three years. Collection of all other disaster debris shall be provided by the successful proposer at no additional charge. The City may further require the successful proposer to submit a disaster man agement plan that may be incorporated into the service contract. Section 501.16. Spills, Leaks, and Litter The successful proposer shall exercise care to prevent spilling, leaks and littering during the collection process. The successful proposer shall ensure all materials hauled are contained, tied, or enclosed to prevent spilling, leaking and littering. The successful proposer shall immediately pick up and clean up all spills, leaks and litter resulting from successful proposer’s vehicles, or by successful proposer’s employees or subcontractors while performing services under the contract. Each vehicle shall be equipped with the proper tools to adequately clean up any spillage. Section 501.17. Vehicle Maintenance and Specifications The average age of frontline collection vehicles (including chassis and packer) shall not exceed the age of the contract. No more than 50% of the fleet shall be at an age beyond the contract age. In calculation of this, the individual vehicle age will be calculated based upon the oldest of the two primary components (chassis and packer). For example, in the first year of the contract, all vehicles shall have an average age of 1 year. For the second year of the contract, all vehicles shall have an average age of 2 years, and so on for the contract length. All vehicles shall be kept in a clean and sanitary condition. Collection and management vehicles shall be painted in the successful proposer’s color or colors schemes. The vehicles shall be uniquely numbered, and the vehicle num bers shall be painted in a contrasting color, at least six inches high, on each side of each vehicle and on the rear of the vehicle. No advertising shall be permitted other than the name and address of the successful proposer. Collection vehicles shall be manufactured to provide the services specified. All vehicles used by management personnel, including route supervisors, shall be equipped with cell phones with voice mail so that they can be contacted by the City. Collection vehicles will be equipped with two-way communication devices so that the successful proposer’s staff and driver may communicate during the route collection. In addition, collection vehicles will have back -up cameras, spill kits, GPS tracking capability and RFID tag readers. The successful proposer shall utilize equipment which can safely maneuver all City streets and properly collect waste and redistribute carts. Proposer shall review existing neighborhoods, including streets and on -street parking conditions to ensure that all equipment used shall meet this requirement. Section 501.18. Vehicle Inventory The successful proposer shall provide to the City a complete inventory showing each vehicle (type, capacity, approximate age) used for performing services within the City, which vehicles shall at least equal to that described in Page 228 of 385 City of Anna RFP # 2020-01 14 the vehicle inventory. The inventory shall become part of the Implementation Plan. Upon approval of the City, the successful proposer may change vehicles from time-to-time and shall revise the inventory accordingly. The successful proposer shall provide the City with the revised inventory within one (1) week of any changes. The successful proposer shall maintain a vehicular fleet during the performance of this Contract at least equal to that described in the inventory. Replacement vehicles shall conform to Section 501.17. The City may consider allowing the vendor to utilize older vehicles in a temporary manner due to unforeseen vehicle damage or breakdown. Such temporary vehicle usage shall not exceed 14 calendar days prior to being replaced with a permanent vehicle conforming to Section 501.17. Section 501.19. Carts New carts shall meet the requirements set forth in the Appendix D. Carts must be 90 -96 gallons. In addition, recycling carts must have a full-color in-mold label on the lid of the cart of program recyclable materials and non -program recyclable materials, with a minimum size of area of 100 square inches. The City is considering whether the City or the successful proposer will be responsible for the purchase of the carts. If the City elects to purchase the carts, then the proposer would still be responsible for distribution and storage of the City -purchased carts. The City would be responsible for warranty issues, repair, and replacement. If the successful proposer purchases the carts, the successful proposer shall supply all new carts during the contract term, be responsible for maintenance, repair, warranty issues, replacement, and retain ownershi p of carts in the possession of residential units at the expiration of the contract. Section 501.20. Dumpsters, Roll-offs, and Compactors The successful proposer will be responsible for purchase, distribution, storage, ongoing repair, replacement, warranty issues, and other requirements related to dumpsters, roll-offs, compactors owned by the successful proposer. Customers may elect to purchase compactors. All dumpsters shall have lids that fully close. Dumpsters and roll-offs must be painted a uniform color, bear the name and telephone number of the successful proposer, and bear a serial number coded for the dumpster or roll-off size. Dumpsters and roll-offs shall be painted at least once every 2-1/2 years and shall be steam cleaned at least once each year or as directed by the City. The successful proposer is responsible for removing graffiti from its dumpsters, roll -offs, and compactors. Collection drivers shall notify the successful proposer at the end of each day of any dumpster, roll-off, or compactor containing graffiti. The successful proposer shall remove any graffiti from its dumpsters, roll-offs, and compactors within five (5) business days of notification. Each dumpster, roll-off, and compactor of the successful proposer is subject to inspection by the City and approval as to appearance and condition before placement at any City facility. A dumpster, roll -off, or compactor of the successful proposer shall be reconditioned and repainted if necessary before being supplied to a City facility that had not used it earlier. If the City so requires, a dumpster, roll-off, or compactor shall be cleaned or repainted within seven (7) days. If appropriate to serve the City’s needs and/or locations, the City may require the successful proposer to install and service a dumpster, roll-off, or compactor. Damage to dumpster, roll-off, or compactor on customers' premises is at the successful proposer's risk, as between those parties and without affecting the risk or liability of others. The successful proposer shall be responsible for the repair of all dumpsters, roll-offs, or compactors damaged due to the successful proposer’s negligence. The successful proposer shall repair or replace within one business day any dumpster, roll-off, or compactor that the City determines does not comply with ordinance standards or cons titutes a health or safety hazard. Section 501.21. Contractor’s Office The successful proposer shall maintain an office or other facilities through which they can be contac ted. It shall be equipped with sufficient telephones having local phone numbers and shall have a responsible person in charge and adequate competent persons available to answer the phone from 7:00 a.m. to 7:00 p.m. on regular collection days. When collection is postponed one day for the holiday schedule the successful proposer’s customer service personnel must be Upon notice from the City, the successful proposer shall deliver new carts to new customers. The successful proposer will be responsible for responding to requests from and delivering carts to customers who need a cart replacement for whatever reason. Carts shall be delivered no later than three (3) business days after notice. Used carts must be cleaned prior to reentry into the system and delivery to custom ers. Damaged carts shall be removed at the same time a replacement cart is delivered. Residential and Commercial customers shall be provided with instructions for proper use, including any customer actions that would void manufacturer warranties, such as p lacement of hot ashes in the cart causing the cart to melt, and procedures to follow to minimize potential fire problems. Page 229 of 385 City of Anna RFP # 2020-01 15 available to answer phones on all days during which collection service is provided. An informative recording answering frequently asked questions and voicemail shall be available at all other hours. Section 501.22. Customer Service and Complaint Resolution The successful proposer will be primarily responsible for complaints and the City will forward all initial complaints to them for resolution. Customer complaints shall be directed to the successful proposer, and the successf ul proposer give each complaint received prompt and courteous attention. The successful proposer shall respond to all complaints via phone or written correspondence with the customer no later than noon on the following business day. The successful proposer shall maintain a log of complaints and shall provide the City, on a daily basis, with copies of all complaints indicating the date and hour of the complaint, nature of the complaint, and the manner and timing of its resolution. In the event that a complaint cannot be resolved and the City’s Contract Administrator is notified by the complainant, it will be the successful proposer’s responsibility to provide adequate documenta tion to demonstrate that the complaint was handled in a satisfactory manner. The successful proposer shall provide a single source contact for the City’s Contract Administrator for complaints or other city needs and shall communicate back with Contract Adm inistrator within two (2) hours of initial outreach. Compliance with the complaint resolution, customer grievance, and reporting requirements of this Section 501 is and shall be a material term of the contract. Section 501.23. Customer Grievances. The successful proposer will designate a representative to adjudicate customer grievanc es. At the City’s request, the representative will join the City in meeting with an aggrieved customer within 24 hours of notification. The decision of the City shall be final and binding. Section 501.24. Meetings In order to minimize problems during implementation of the contract, to provide a forum for discussing and resolving any operational questions or issues that may arise, and for updating the Implementation Plan t he parties agree to meet on a regular basis as follows: 1. The period from the date the contract is executed until six months after the actual collection services begin (or such earlier date as may be mutually agreed to by the parties) shall be referred to as the "Implementation Phase". During the Implementation Phase, meetings shall be held between representatives of the parties on a weekly basis, or on such more or less frequent basis as may be mutually agreed. The primary purposes of such meetings shall be to develop and/or refine the Implementation Plan, to evaluate the successful proposer’s performance in implementing the contract, to evaluate container delivery progress or problems, to air and seek resolution of complaints, to discuss any actual or perceived problems with service, and to discuss promotion, public information and public relations. 2. After the Implementation Phase, meetings shall be held at least on a monthly basis, unless otherwise mutually agreed to, between representatives of the parties. Such meetings shall be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. 3. Meetings shall be held at the offices of the City unless otherwise agreed upon by both parties. Each party shall be available for at least 90 minutes per meeting, unless otherwise agreed in advanc e. Meetings shall be held during normal business hours. Section 501.25. Newsworthy and Emergency Notifications During the term of the contract, there may be activities or circumstances, positive or negative, involving the successful proposer’s business that could be newsworthy. Likewise, the successful proposer, or the successful proposer’s employees could be involved in a mo tor vehicle accident; an environmental accident. The successful proposer must contact the City’s Contract Administrator immediately a nd no later than 24 hours in the event of one of the following: any news coverage or sudden event that could impact the service the successful proposer provides to the City; any news coverage or sudden event that could initiate citizen phone calls to the C ity; an environmental emergency or incident, including spills, that involves the successful proposer, a related business of the successful proposer, or the successful Page 230 of 385 City of Anna RFP # 2020-01 16 proposer’s employee; a motor vehicle accident which occurred while providing services u nder the Contract; personal injury accidents which occurred while providing services under the Contract; property damages which occurred while providing services under the Contract. Section 501.26. Customer Notifications The City will coordinate with the successful proposer and approve all necessary communications with residential customers including but not limited to fee changes, route changes, holiday schedules, promotion of mulching and composting to reduce waste etc. Unacceptable set-out notices and program introduction notices shall be printed and distributed by the successful proposer. All other notices shall be printed and distributed by the City. Section 501.27. Reporting The successful proposer shall provide the following daily and monthly report s to the Contract Administrator. Reports shall be in a format approved by the Contract Administrato r. Complete and accurate daily reports must be submitted to the Contract Administrator by 10:00 AM, Central Time each business day. Daily reports must contain the following information: 1. Daily Call Log – Spreadsheets listing the calls received by date and time, type of call (missed collection, complaint, inquiry), and resolution. 2. Unacceptable Set-out Log- Spreadsheet of unacceptable set-outs by address and description of reason. Complete and accurate monthly reports must be submitted to the Contract Administrator on or before the tenth (10th) of each month. Monthly reports must contain the following information: 1. Amount of Solid Waste and Program Recyclable Materials Collected – Spreadsheet listing amounts (in tons/pounds) of solid waste and program recy clable materials collected by customer type. The spreadsheet must also include year-to-date totals. 2. Customer List for Roll-off Services – identify each by address and level of service, name, and contact information. 3. Billing and Revenue Documentation – documentation justifying the successful proposer’s billings and revenue derived by the successful proposer for services within the City. 4. Summary of motor vehicle accidents or moving violations involving the successful pr oposer’s vehicles – identify vehicle, employee and description of violation. Section 501.28. Commingling of Materials Prohibited Except, when approved in writing by the City, the successful proposer shall not commingle the following materials recyclable materials collected with recycling with other material. Commingling of materials in violation of the contract is a breach of the contract and may result, at the City’s discretion, in administrative cha rges and/or termination of the contract. Section 501.29. Disposal of Recyclable Materials Prohibited The successful shall not dispose of any recyclable materials collected for recycling, or market such materials to markets that the successful proposer knows or reasonably should have anticipated will dispose of the materials, except when approved, in writing, by the City. Disposal of recyclable materials collected for recycling, or marketing of such materials to markets that the successful proposer knows or reasonably should have anticipated will dispose of such materials, except when approved by the City, is a breach of the contract and may result in administrative charges and/or termination of the contract. In this section, “dispose” or “disposal” means the delivery to and deposit of recyclable materials at any landfill, dump, transfer station or other facility used for the final deposit of waste material, or any other disposition of recyclables to any person, location or facility other than a recognized recycling facility. Page 231 of 385 City of Anna RFP # 2020-01 17 6. INSURANCE, PERFORMANCE BOND, AND INDEMNITIES The successful proposer shall secure and maintain throughout the duration of the contract insurance of such types and in such amount as may be necessary to protect itself and the interest of the City against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the underwriter thereof in each case, shall be acceptable to the City but regardless of such acceptance it shall be the respon sibility of the successful proposer to maintain adequate insurance coverage at all times. Failure of the successful proposer to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation. Section 600. General Requirements Satisfactory certificates of insurance shall be filed with the City prior to starting any work under the contract. The certificates shall state that thirty (30) calendar days advance written notice will be given to the City before any policy covered thereby is changed or canceled. The successful proposer shall comply with all Federal, State and local laws and ordinances relating to Social Security, Unemployment Insurance, Pensions, etc. All insurance providers used to meet the requirements of this section must have an A.M. Best rating of “A” or better and be authorized to conduct business in the State of Texas. Section 601. Workers Compensation Insurance Coverage (A) Definitions related to Workers Compensation Insurance Coverage: Certificate of coverage ("certificate") - copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insura nce coverage for the successful proposer’s employees providing services under the contract for the duration of the contract. Duration of the Contract - includes the time from the commencement of services and continuing for five years or seven years. Persons providing services includes all persons or entities performing all or part of the services the successful proposer has undertaken to perform under the contract, regardless of whether that person contracted directly with the successful proposer and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to the Contract. "Services" does not include activities unrelated to the contract, such as parts suppliers, office supply deliveries, or other incidental vendors. (B) The successful proposer shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the successful proposer providing services on the project, for the duration of the project. (C) The successful proposer must provide a certificate of coverage to the City prior to commencement of service. (D) If the coverage period shown on the successful proposer's current certificate of coverage ends during the duration of the project, the successful proposer must, prior to the end of the cove rage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. (E) The successful proposer shall obtain from each person providing services under the Contract, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the successful proposer, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (F) The successful proposer shall retain all required certificates of coverage for the duration of the project and for one year thereafter. (G) The successful proposer shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the successful proposer knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Page 232 of 385 City of Anna RFP # 2020-01 18 (H) The successful proposer shall post at the office where the trucks serving the City are based a notice in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informi ng all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. (I) The successful proposer shall contractually require each person with whom it contracts to provide services to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, §401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the successful proposer, prior to that person beginning work, a certificate of coverage showing that coverage is being provided for all employees of the person providing service, for the duration of the project or services; (3) provide the successful proposer, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of certificate of coverage ends during the duration of the project or services; (4) obtain from each other person with whom it contracts, and provide to the successful proposer: (a) a certificate of coverage, prior to the other person beginning work; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project or services and for one year thereafter; (6) notify the City in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. (J) By signing this contract or providing or causing to be provided a certificate of coverage, the successful proposer is representing to the City that all employees of the successful proposer who will provide services under the contract will be covered by workers' compensation coverage for durati on of the contract. The successful proposer also represents that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the successful proposer to administrative penalties, criminal penalties, civil penalties, or other civil actions. (K) The successful proposer's failure to comply with any of these provisions is a breach of contract by the successful proposer which entitles the governmental entity to declare the contract void if the successful proposer does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Section 602. Comprehensive Automobile Liability This insurance shall be written in comprehensive form and shall protect the successful proposer against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, non-owned, or hired. The liability limits shall not be less than: Bodily Injury ...$1,000,000/person ...$1,000,000/occurrence Property Damage ...$1,000,000/occurrence The insurance shall be of the occurrence type and name the City as an additional insured with a requirement that the City be notified at least 30 days in advance of any material change in policy terms, including cancellation. There shall be no deductible applied to the City as additional insured. Page 233 of 385 City of Anna RFP # 2020-01 19 Section 603. Comprehensive General Liability This insurance shall be written in comprehensive form and shall protect the successful proposer against all claims arising from injuries to members of the public or damage to property of others arising out of any act of omission of the successful proposer or his agents, employees, or subcontractors. In addition, this policy shall specifically insure the contra ctual liability assumed by the successful proposer under the article entitled DEFENSE OF SUITS. To the extent that the successful proposer's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: Bodily Injury ...$1,000,000/person ...$1,000,000/occurrence Property Damage ...$1,000,000/occurrence ...$2,000,000/aggregate The insurance shall be of the occurrence type and name the City as an additional insured. There shall be no deductible applied to the City as additional insured. Section 604. Defense of Suits If any action in court is brought against the City, or any officer or agent of the City, for the failure, omission, or neglect of the successful proposer to perform any of the covenants, acts, matters, or things under the contract; or for injury or damage caused by the alleged negligence of the successful proposer or his subcontractors or his or their agents, or in connection with any claim based on lawful demands of subcontractors, workmen, material men, or suppliers the successful proposer shall indemnify, defend and save harmless the City and its officers and agents, from all losses, damages, costs, expenses, judgments, or decrees arising out of such action. Section 605. Indemnity and Release The successful proposer is solely responsible for and shall defend, indemnify, and hold City (or any of City’s representatives or employees), free and harmless from and against any and all claims, liabilities, demands, losses, damages, costs or expense to all persons (including but not limited to reasonable attorneys’ fees and related expenses) arising out of resulting from or occurring in connection with the performance of the work that is (i) attributable to any bodily or personal injury, sickness, diseases or death of any person or any damage o r injury to or destruction of real or personal property (other than the work itself) including the loss of use thereof, and (ii) caused in whole or in part by any negligent, strict liability or other act or omission of the successful proposer, any subcontr actor or supplier, their respective agents or employees or any other party for whom any of them may be liab le regardless of whether such is caused in part by the negligent, strict liability or other act or omission of a party or parties indemnified hereunder. Said indemnity, defense and hold harmless agreement shall also apply to claims arising from accidents to the successful proposer, its agents or employees, whether occasioned by the successful proposer or its employees, the owner or his employees, or by any other person or persons. The foregoing indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Section 606. Performance Bond A performance bond in the amount of $250,000.00 which will be determined upon bid award and re-evaluated annually. This will be maintained and renewed each year during the term of the cont ract. Proof of renewal of the bond must be submitted to the City prior to August 31 each year of the contract. Page 234 of 385 City of Anna RFP # 2020-01 20 7. BILLING AND PAYMENTS, ADMINISTRATIVE CHARGES, AND OTHER FINANCIAL TERMS Section 701. Billing and Payments The City shall provide the successful proposer a customer list for residential services and commercial services identifying each by address and level of service. The successful proposer shall provide the City a customer list for all other customers, identifying each by level of service, address, name, and contact information. The City and the successful proposer shall update the customer list each month. The City will be responsible for billing and collection of payments for residential services and commercial services based on the customer list. The successful proposer will be responsible for all other billings and collection of payments including other roll-off services. The successful proposer shall bill customers in accordance with the contract and then -current rate schedule plus the then-current franchise fee. The successful proposer shall not bill customers for any fees other than those specifically authorized in the contract. Within thirty (30) calendar days of the end of each month, the City shall remit to the successful proposer payment, less any franchise fees, disputed amounts, administrative charges, and payments withheld in accordance with the contract, for residential services and commercial services rendered by the successful proposer and billed by the City for the prior month. Within thirty (30) calendar days of the end of each month, the successful proposer shall remit to the City payment for any franchise fees, and other payments in accordance with the contract for services rendered by the successful proposer or payments due for the prior month. Section 702. Administrative Charges The successful proposer understands that if it does not timely perform its obligations pursuant to the terms of the contract or violates any provision of the contract, City will suffer damages w hich are difficult to determine and adequately specify. The successful proposer agrees, in addition to any other remedies available to City, that City may withhold payment from Contractor in the amounts specified below as administrative charges for failure of the successful proposer to fulfill its obligations. The following acts or omissions shall be considered a breach of the contract and City may require payment by the successful proposer of the charges set forth for each act 1. Failure to complete all collections between 7:00 a.m. and 7:00 p.m.: $1,000 per route. 2. Missed collection: $100 per missed collection in excess of two (2) missed collections per day. A missed collection occurs when a customer reports a missed collection, the address was not reported by the successful proposer as an unacceptable set-out, and the successful proposer cannot provide data demonstrating collection vehicle traveled on street and collections occurred on street. 3. Missed residential unit block: $500 per incident the successful pro poser failing to pick up material on a block containing residential units. A missed residential unit block is where three (3) residential units on one side of a street between cross streets, or an entire cul-de-sac report a missed collection. A missed residential unit block occurs when the addresses reporting missed collections were not reported by the successful proposer as unacceptable set-outs and the successful proposer cannot provide data demonstrating collection vehicle traveled on street and collecti ons occurred on block. 4. Failure to correct a missed collection as specified in this contract: $100 per occurrence per day. 5. Failure to clean up spill as specified in this contract: $250 per incident per day. 6. Failure to provide collection at the same customer two (2) or more times within a thirty-day (30) period: $50 per occurrence over one (1) occurrence. 7. Failure to distribute unacceptable set-out notice in accordance with the contract: $20 per occurrence. 8. Failure to submit an accurate report in the specified format, as required by the contract: $200 per report per calendar day. 9. Failure to submit an accurate accounting (i.e. invoice, quarterly and annual reports, and/or complaint reports in the specified format): Non-payment until an accurate monthly accounting is submitted. 10. Failure to respond to any customer complaint in accordance with this contract: $200 per incident per calendar day. 11. Failure to be prepared to perform services on or after the commencement date: $3,000 per calendar day. 12. Failure to minimum processing requirements: $500 per calendar day. 13. Commingling of materials in violation of this contract: $1,000 each incident. 14. Disposal of recyclable materials: $2,000 each incident. Page 235 of 385 City of Anna RFP # 2020-01 21 City may impose administrative charges when the Contract Administrator determines that performance consistent with the provisions of the contract has not occurred. The Contract Administrator shall notify the successful proposer in writing or electronically of each act or omission under the terms of the contract reported to or discovered by City or its designee. It shall be the duty of the successful proposer to take whatever steps or action may be necessary to remedy the cause of the complaint. City may deduct the full amount of any such charges from any payment due to the successful proposer. The remedy available to City under this paragraph shall be in addition to all other remedies which City may have under law, at equity, or pursuant to the terms of the contract. Contractor’s obligations to make payments for such charges under this section occurring prior to the expiration or termination of this contract shall survive termination or expiration of this contract. Section 703. Modification to Rates The successful proposer shall submit a written request for modification to fees on or before July 1, 2021 and every July 1st thereafter. If the successful proposer fails to submit a written request for modification to rates on or before July 1st, the successful proposer waives the right for a modification to rates. City billing fees will be determined by the City and added to the base for residential, commercial, and dumpster rates. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. All fees shall remain fixed from the execution of the contract through August 31, 2021. The adjustment, increase or decrease, shall be a composite of two indices, including the Consumer Price Index ("CPI") Adjustment and the Fuel Adjustment as set forth herein. The successful proposer agrees the annual modifications, the sum of the CPI Adjustment and Fuel Adjustment, shall not exceed five percent (5%) for any single year. 1. CPI Adjustment. Rates will remain fixed as set forth in Exhibit 1 and will not be adjusted for changes in the CPI (as hereinafter defined), until August 31, 2021. Commencing on August 31, 2021 and continuing annually on each October 1st, rates, excluding Franchise Fee, shall be adjusted by eighty percent (80.0%) of the Consumer Price Index, Dallas/Fort Worth Region for All Urban Consumers, less energy, Not Seasonally Adjusted, Base Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the “C.P.I.”) increase or decrease f rom the most recent October to the preceding October. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to substitute another equally authoritative measure of change in the Public Works power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 2. Fuel Adjustment. Rates will remain fixed as set forth in Exhibit 1 and will not be adjusted for changes in fuel price (as hereinafter defined), until August 31, 2021. Commencing on August 31, 2021, and continuing annually on each October 1st, Recyclable Revenue Rebate and Rates, excluding Public Education Contribution and Franchise Fee, shall be adjusted by twenty percent (20.0%) of the US Department of Energy (“EIA/DOE”)’s Weekly Retail On Highway Diesel Prices for the Gulf Coast increase or decrease during the preceding twelve months. The EIA/DOE currently publishes these prices on their website at the following location: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. The Fuel Adjustment shall be based on the change in the index from the most recent price as of October 1st and the price as of the previous October 1st. Section 704. Recyclable Materials Revenues Contractor shall retain all revenues from the sale of Recyclable Materials. Section 705. Franchise Fee For the right and privilege of using the City’s public rights-of-way to provide scope of services of the contract, the successful proposer, on the first day of each m onth during the term of the contract, will pay the City a franchise fee equal to five percent (5%) of gross receipts resulting from the operation of the solid waste collection services within the City. The City may increase or decrease the franchise fee with ninety (90) calendar days’ written notice. All fees proposed in Form 10 exclude Franchise Fees. Page 236 of 385 City of Anna RFP # 2020-01 22 8. PROPOSAL FORMAT AND CONTENT The Proposal must contain ALL of the required paperwork. ALL forms in Appendix E must be completed in their entirety and ALL questions must be answered directly on the form and/or expanded onto additional page s when necessary. References to company brochures and flyers will not be acceptable as an answer. The Proposal must be organized into tabbed and labeled sections in the required order. Refer to the checklist that follows to assist you in your submission. Required Format of Proposal: Proposals must be organized and submitted in tact with all of the information in tabbed and appropriately labeled sections in the following order: 1. Proposal Cover Sheet 2. Mandatory Forms 3. Proof of Satisfaction of Minimum Requirements 4. Financial Stability 5. Experience 6. Proposed Approach 7. Financial Proposal 8. Brochures, Flyers, Promotional Material Section 800.01. Proposal Cover Sheet Proposers shall submit a letter of intent containing a statement that the proposal is a firm offer for one hundred eighty (180) days from the due date. The letter shall include a signature from a representative authorized to legally bind the proposing company. Section 800.02. Mandatory Forms Proposers shall complete the following forms: Form 1- Statement of Organization Form 2- Acknowledgement of Addendums Form 3- Declaration Form 4- Non-Collusion Affidavit Form 5- Conflict of Interest Form 6- Compliance with Federal and State Laws Form 7- Felony Conviction Notice Form 8- Insurance Requirement Affidavit Section 800.03. Proof of Satisfaction of Minimum Requirements Section 800.03.01. Ability to Acquire Performance Bond. Proposers shall submit with their qualification package a proof of the ability to acquire a Performance Bond that meets or exceeds the requirements set forth herein. The surety shall be a surety company duly authorized to do business in the State of Texas; having an “A” or better rating by A. M. Best or Standard and Poors; included on the list of surety companies approved by the Treasurer of the United States of America; and acceptable to the City. Section 800.03.02. Minimum Experience. Proposer (Business Entity or Key Personnel) shall have a minimum of five (5) years successful experience providing solid waste and recycling services for a minimum of 20,000 households. For each reference, Proposer shall complete Form 9, which requires the following information: a. Name of community and description of services provided, including number of residential units and commercial units. b. Contact person, including name, title, phone number, and email address. c. Number of years of service and year in which services began. Page 237 of 385 City of Anna RFP # 2020-01 23 Section 800.04. Financial Stability Proposers shall submit the following information related to financial stability: 1. Briefly describe in narrative format the Proposer’s financial condition, results of operations for the last two fiscal years including known facts that could affect future performance. If the company is publicly held, it is acceptable to attach the SEC required Management Discussion. 2. Provide audited financial statements for the last two fiscal years. If publicly held, provide financial statements for the local operation that will provide service under this contract. Additionally for publicly held companies, provide SEC 10K filings for the parent organization. 3. Disclose whether Proposer or parent company has ever filed for bankruptcy. Section 800.05. Experience Section 800.05.01. Key Personnel Experience. Provide a list of personnel in key positions (General Manager Hauling, Dispatcher, Route Supervisor, Maintenance Manager, Office Manager, Customer Service Manager, Public Spokesperson, etc.). For each key personnel, Proposer shall provide the following information: d. Description of direct experience in solid waste and recycling services; e. List of industry training and certifications; f. Office location of personnel; and g. Amount of time per week personnel will be dedicated to the City contract. For positions that are currently unfilled, identify minimum qualifications for that position, office location of personnel, and amount of time per week personnel will be dedicated to the City contract. Section 800.05.02. Company Experience. Briefly describe in narrative format the Proposer’s experience that is relevant to this RFP. In addition to those communities identified in Section 600.03.02, Proposers shall provide references for other communities for which the Proposer is currently providing similar services. For each reference, Proposer shall complete Form 9. Section 800.05.03. Contracts Ended Prior to the Expiration Date. Identify any contracts in Texas, Arkansas, Oklahoma, Arizona, Louisiana, New Mexico, and state of Proposer headquarters in the past five (5) years that have ended prior to the expiration date due to any of the following reasons: a. Assignment of the agreement to another vendor; b. Termination of the agreement; c. Mutual agreement with the customer to discontinue servic e; and/or d. Other reason. Section 800.05.04. Other Performance History Information. The Proposer must list any claims against a bid bond or performance bond and the results or any contractual defaults or termination over the last five (5) years in Texas, Arkansas, Oklahoma, Arizona, Louisiana, New Mexico, and state of Proposer headquarters. The Proposer shall also provide a list of all enforcement actions taken against it during the last five (5) years by any regulatory agency such as, but not limited to, the United States Environmental Protection Agency, the Texas Commission on Environmental Quality or any local enforcement agency in Texas, Arkansas, Oklahoma, Arizona, Louisiana, New Mexico, and state of Proposer headquarters. The list shall include name of the regulatory agency and the date of enforcement action. The Proposer shall inform the City if it has had a permit, license, entitlements, or business licenses that have been revoked or suspended in the last five (5) years in Texas, Arkansas, Oklahoma, Ar izona, Louisiana, New Mexico, and state of Proposer headquarters. Section 800.06. PROPOSED APPROACH Section 800.06.01. Overview of Approach to Collection Services. Proposer shall provide an overview of the proposed approach for providing the following collection services: a. Residential Services (curbside and alley and Pine Lane) i. Solid Waste ii. Recycling iii. Bulky Waste iv. Christmas Trees v. Household Hazardous Waste and Electronics (if included at City’s discretion) b. Commercial Services c. Roll-off Services d. City Services (including haul and disposal of sludge from the City wastewater treatment plant) e. Special Events Page 238 of 385 City of Anna RFP # 2020-01 24 Section 800.06.02. Proposed Approach to Recycling Services. Proposer shall identify all recyclable materials to be collected. Proposer shall collect, at a minimum, the materials required to be included in the recycling services per the RFP. Proposer shall identify any additional materials that can be collected as part of the recycling services at no additional cost. Section 800.06.03. Proposed Approach to Bulky Waste Services. Proposer shall provide a detailed description of the vehicles and personnel to be utilized in the collection of bulky waste. Proposers shall describe how the seasonal nature of bulky waste will be managed including a detailed plan of how bu lky waste will be managed in peak seasons or after storms. Section 800.06.04. Proposed Approach to Household Hazardous Waste and Electronics Services. The City may include household hazardous waste and electronics services in the contract. Proposer shall provide a detailed description of the approach for household hazardous waste and electronics services if the City includes such services. Proposers shall describe what materials will be included, preparation requirements, collection location, collection scheduling, and other key aspects of the program. Section 800.06.05. Residential Services Collection Route Schedules and Maps. Proposer shall include a proposed route schedule and maps for residential services. Section 800.06.06. Overview of Approach to Disposal and Processing Services. Proposer shall provide an overview of the proposed approach for disposal of solid waste and bulky waste and processing of recyclable materials collected via the program. In addition, Proposer shall provide an overview of the proposed approach for processing of household hazardous waste and electronics if included in the residential services. Proposer shall list the name, location and distance from the City for the facilities proposed for use in providing the disposal and processing services specified in the Contract. Section 800.06.07. Equipment. Proposer shall provide describe the following equipment: a. Collection Vehicles. The descriptions shall include: i. Make, model, and age of each proposed collection vehicle. Photos of each type of collection vehicle proposed should be included. ii. Number of front line and spare collection vehicles to be used to perform each service. iii. Any future collection equipment to be acquired and a timeline for acquisition of new collection equipment. iv. Number of personnel needed for each collection crew to conduct each service. v. Proposed maintenance program for all collection vehicles used to perform services, including a proposed frequency of cleaning collection vehicles. b. Carts. The description shall include, at a minimum, the manufacturer, capacity, color, and method of affixing City logo. Photos of the proposed carts should be included. If requested, Proposer shall provide a sample of the carts to the City. c. Dumpsters and Roll-offs. The descriptions shall include, at a minimum, the manufacturer, color, capacities, and logos on the containers. Photos of the proposed dumpsters and roll -offs should be included. Proposer shall provide description of maintenance program for all dumpsters and roll -offs used to perform services, including a proposed frequency of cleaning dumpsters and roll-offs. Section 800.06.08. Customer Service Policies and Procedures. Proposers shall include a description of customer service policies and procedures. Proposers shall include the following: a. Description of customer complaint resolution procedures including customer follow -up to ensure complaint is resolved to customer’s satisfaction. b. Description of missed collections resolution procedures including ensuring missed collections are resolved in accordance with the RFP. c. Proposed customer call center information including number of customer service personnel, turn- around time on customer service center location, customer service phone policies, a contingency plan in case of a strike and any other pertinent and applicable information. Page 239 of 385 City of Anna RFP # 2020-01 25 Section 800.06.09. Customer Billing Policies and Procedures. Proposer shall describe the policies and procedures to be used for billing services to be performed by the successful proposer (i.e. Roll-off Services). Provide a detailed description of your customer billing program, including billing cycles, collection policy and practices. Section 800.06.10. Disaster Management Plan. Disasters resulting in significant volumes of debris may occur in the City. Timely removal of this material is crucial and expected of the successful Proposer. Describe in detail the proposed response to disasters. Include timelines to deploy labor and equipment; staging areas; utilization of subcontractor services; anticipated volumes that could be collected per day; etc. Section 800.06.11. Transition Plan. Proposer shall describe its proposed strategies to ensure a smooth transition from the current provider to the successful Proposer. The proposed transition plan is of critical importance to the City. In the transition plan, Proposer must describe the following: a. Individual or group of individuals that will oversee the execution of the transition plan. b. Proposed approach, including equipment, personnel, and schedule, for delivering e quipment (carts, dumpsters, compactors, etc.) to customers. Proposers shall also describe how the delivery of equipment will be conducted in coordination with the removal of the existing equipment used by the customers. c. Detailed schedule for the transition. d. Proposed strategies for customer communication regarding the transition of service providers. Section 800.07. Financial Proposal. Proposer shall complete Form 10- Financial Proposal. Section 800.08. Brochures, Flyers, Promotional Material. Proposer shall provide any additional brochures, flyers, promotional information, etc. for the City’s consideration. Page 240 of 385 City of Anna RFP # 2020-01 26 Appendix A: Definitions Terms defined herein and their derivations shall have the meanings as set forth in herein. In the event that the definitions provided here differ from those in the most current version of the City of Anna’s Solid Waste Ordinance now or in the future, the Ordinance shall prevail. Bulky Waste: Bulky Waste shall mean solid waste composed of materials not easily contained in a cart such as, but not limited to white goods, furniture, yard trimmings, large electronics, and other oversized solid waste. Business Day: Business day shall mean any day, Monday through Friday, from 8:00 AM, Central Time until 5:00 PM, Central Time, which is not a holiday designated as such in the contract. Cart: Cart shall mean a receptacle purchased by the contractor or City meeting the specifications set forth in the contract which designed to be mechanically dumped into a loader-packer type truck via a fully-automated truck arm (ANSI Z245.60 Type G) and semi-automated truck tipper (ANSI Z245.60 Type B). City: City shall mean the City of Anna, Texas. City Facility: City facility shall mean any City owned or operated facility designated by the Contract Administrator as a City facility to receive City services. The City has the sole authority to add or eliminate City facilities to receive City services. Collect or Collection: Collect or Collection shall mean the act of removing solid waste, including bulky waste, for transport to a disposal site or the act of removing program recyclable materials and program household hazardous waste and electronics for transport to a processing facility. Commercial Service Unit: Commercial Service Unit shall mean all establishments other than residential service units within the corporate limits of the City. Compactor: Compactor shall mean a mechanical unit that receives, compacts and reduces the volume of solid waste or recyclable materials. Container: Container shall mean carts, dumpsters and roll-offs. Contract: Contract shall mean this Request for Proposals, Instructions to Bidders, Contractor’s Proposal, Contract Specifications, the Contract, Performance Bond or Letter of Credit and any addenda or changes to the foregoing documents agreed to by the City and the contractor. Contract Administrator: Contract Administrator shall mean the person, or his designee, designated by the City to administer and monitor the provisions of the contract. Contractor: Contractor shall mean the individual, firm, partnership, joint venture, corporation, or association performing the services under the contract with the City. Disaster Debris: Disaster debris shall mean any waste materials including building materials, sediments, vegetative debris, personal property, and other materials resulting from a disaster. Disaster debris may be generated by any sector affected by a disaster (e.g., households, businesses, government, etc.) Disposal: Disposal shall mean the deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water dispose or disposal: Dispose or disposal shall mean the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste (whether containerized or un-containerized) into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Contractor shall dispose of materials at a disposal site. Disposal Site: Disposal site shall mean a landfill or other solid waste management facility permitted under all applicable local, state, and federal laws and regulations for disposal of solid waste. Page 241 of 385 City of Anna RFP # 2020-01 27 Dumpster: Dumpster shall mean a metal receptacle with a tight fitting lid and a minimum capacity of approximately two (2) cubic yard, a maximum capacity of eight (8) cubic yards, and designed to be lifted and emptied mechanically. Contractor shall provide dumpsters to customers. Process or Processed or Processing: Process or Processed or Processing shall mean recovery of recyclable materials, treatment into recovered materials, and marketing of recovered materials to end markets and recovery of program household hazardous waste and electronics, treatment of program household hazardous waste and electronics, and marketing of recovered materials to end markets. Processing Facility: Processing Facility shall mean a facility permitted under all applicable local, state, and federal laws and regulations for processing of recyclable materials and/or program household hazardous waste and electronics. Program Household Hazardous Waste and Electronics: Program Household Hazardous Waste and Electronics shall mean materials proposed by contractor to be included and agreed by the City to be included as program household hazardous waste and electronics. Program Recyclable Materials: Program Recyclable Materials shall mean mixed waste paper (including corrugated cardboard, newspaper, junk mail, phone books, beverage packaging, cereal boxes, chipboard, envelopes, and magazines etc.), bagged shredded paper, steel and tin cans (fruit and vegetable cans), aluminum cans, plastic containers - # 1,2,3,4,5 & 7, and glass bottles/jars/containers collected single stream. In addition, program recyclable materials includes other materials proposed by contractor to be included and agreed by the City to be included as program recyclable materials. Recyclable Material: Recyclable Material shall mean a material that has been recovered or diverted from the non-hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise by produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become Solid Waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be Solid Waste, with respect to the person actually abandoning or disposing of such material. Recycling: Recycling shall mean a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or Processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use. Recycling Services: Recycling Services shall mean the collection and processing of program recyclable materials and program household hazardous waste and electronics. Residential Unit: Residential Unit shall mean dwelling as defined by the Anna Comprehensive Zoning Ordinance and designated by the Contract Administrator as a Residential Unit. Roll-off: Roll-off shall mean a metal receptacle with a minimum capacity of approximately twenty (20), a maximum capacity of forty (40) cubic yards, intended for high-volume generation of solid waste, and designed to be transported to a disposal site by loading of receptacle onto rear of transporting vehicle. Contractor shall provide roll-offs. Special Events: Special Events shall mean events sponsored in whole or in part by the City, or conducted within the City and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events. Set-out: Set-out shall mean material(s) placed by a customer for collection by contractor. Single Stream: Single Stream shall mean commingled and not required to be subdivided by the Customer prior to Collection. Solid Waste: Solid Waste shall mean garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term does not include: a) Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or Page 242 of 385 City of Anna RFP # 2020-01 28 industrial discharges subject to regulation by permit issued under Texas Water Code, Chapter 26; b) Solid, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvement; c) Waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Natural Resources Code,§91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC, §§6901 et seq.); or d) Unacceptable waste. Unacceptable Set-out: Unacceptable Set-out shall mean a Set-out for Collection that does not comply with the requirements of the Agreement. Unacceptable Waste: Unacceptable Waste shall mean any solid waste, the acceptance and handling of which by contractor would cause a violation of any permit or regulatory requirement, including, but not limited to, untreated Medical Waste, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit. White Goods: White Goods shall mean all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers, hot water tanks, and trash compactors and other items of similar weight, material, size and nature. Yard Trimmings: Yard Trimmings shall mean any cuttings or trimmings from trees, shrubs, or l awns, and similar materials. Page 243 of 385 City of Anna RFP # 2020-01 29 Appendix B: Current City Facilities Service Level Information City Facilities Carts – Regular & Recycling City Facilities Front Load Services SERVICE NAME # STREET TYPE QTY SVCE CODE FRQ WEEKLY CITY OF ANNA – SLAYTER CREEK PARK 425 W ROSAMOND PKWY 1.00 08YD 1 CITY OF ANNA – BRYANT PARK 1116 CR 371 RD 0.00 00YD FUTURE CITY OF ANNA – GEER PARK 425 E SIXTH ST 0.00 00YD FUTURE CITY OF ANNA – NATURAL SPRINGS PARK 1100 E FM 455 FM 1.00 08YD 1 CITY OF ANNA – SHERLEY HERITAGE PARK 109 E THIRD ST 1.00 08YD 1 CITY OF ANNA – JOHNSON PARK 500 N SHERLEY AVE 1.00 08YD 1 City Facilities Roll-Off Services SERVICE NAME STREET QTY SVCE CODE PUBLIC WORKS 3223 N POWELL PKWY 1 30 YD PARKS DEPT 1100 E FM 455 1 30 YD SERVICE NAME # STREET TYPE RECYCLING QTY POLY QTY FRQ WEEKLY ANNA EDC/CDC - INC CUBE BUILDING 312 S POWELL PKWY 1 2 1 CITY OF ANNA – CITY HALL 111 N POWELL PKWY 1 2 1 CITY OF ANA – POLICE/UTILITY BILLING 101 S POWELL PKWY 2 4 1 CITY OF ANNA – PUBLIC WORKS 3223 N POWELL PKWY 2 2 1 CITY OF ANNA-FIRESTATION # 1 305 S POWELL PKWY 2 2 1 Page 244 of 385 City of Anna RFP # 2020-01 30 Appendix C: Cart Specifications Compliance with or variation from the specification must be noted in the proposal. 1. Approximate capacity of 96 gallons; 2. Uniform color (as approved by Contract Administrator) a. Solid waste cart: to be determined by the Contract Administrator b. Recycling cart: blue 3. Passive radio frequency identification (RFID) tag utilizing ultra high frequency (UHF) range; 4. City Logo included, without contractor logo or other information 5. Comply with ANSI Standards Z245.30 and Z245.60 (shall be both Type B and Type G complaint); 6. Metal lift bar (replaceable if damaged) 7. Either injection model with high density polyethylene (HDPE) or rotational molded with linear medium density polyethylene (MDPE). All plastic resin must be UV stabilized. 8. Heavy duty top lip 9. One piece molded handle 10. Molded-in foot tilter 11. Markings (as approved by Contract Administrator) a. City Logo and city provided phone number hot stamped in white letters, that are to be water resistant, approximately 1" in height each side of cart. b. A 6 - 8 digit inventory number, including a manufactured month and year code, shall be hot stamped in white, that are to be water resistant, and approximately 1" in height on the same side as (a) above. c. Full-color in-mold label on recycling cart of program recyclable materials and non-program recyclable materials, with a minimum size of area of 100 square inches. 12. Delivery shall be F.O.B. City of Anna, Designated Staging Locations, Anna, TX 75409. City is willing to work with the successful vendor for designated staging areas. 13. The City of Anna will require a sample from the successful vendor prior to the placement of full order of carts. Page 245 of 385 City of Anna RFP # 2020-01 31 Appendix D: Forms Form 1: Statement of Organization 1. PROPOSER Full Name of Business: CARDS Recycling, Inc. and CARDS Dallas, Inc. Principal Business Address: 2961North Point Circle Suite #203 Fayetteville, AR 72704 Principal Phone Number: 877-592-2737(toll free) 204-620-1750 Local Business Address: 1020 Sargent Rd. Dallas, TX 75216 Local Business Contact Person: Dan Roby Local Business Phone: 204-620-1750 Local Business Fax: Local Business E-Mail: info@cardsrecycling.com ; dan.roby@cardsrecyling.com; Type of Organization: Corporation Tax ID #: License #: Provide names of authorized representative(s) of the Proposer who has legal authority to bind the Proposer in contractual obligations: (a) Dan Christensen (b) Jason Fitzgerald (c) 2. SUBCONTRACTOR List of all firms participating in this submittal. Name Address Area of Responsibility (a) (b) (c) (d) Page 246 of 385 City of Anna RFP # 2020-01 32 Form 2: Acknowledgement of Addendums Proposal for Solid Waste Collection Disposal and Recycling Services, RFP #2020-01 Due: 3:00 PM, April 10, 2020 Estimated Award Date: May 12, 2020 Proof of capability to obtain performance bond due with sealed proposal Performance & Payment Bonds: REQUIRED UPON AWARD (Section 1260). The Proposer acknowledges receipt of the following Addendums to the solicitation: Addendum Number Date #1 May 8, 2020 This Proposal reflects our best estimates, and/or actual costs as of this date, and conforms to the requirements provided in the City Proposal package. By submitting this Proposal, the Proposer grants the City the right to examine, as the basis for pricing that will permit an adequate evaluation of the proposed price, books , records, documents, and other types of factual information, if specifically referenced or included in the Proposal. The City shall have the right to make such investigations as deemed necessary to determine the ability of the Proposer to perform the serv ices required. Upon request by the City, the Proposer shall furnish and certify all such supporting data and information that the City may request to demonstrate the Proposer’s qualifications. The Proposer also agrees that the price to the City, including profit or fee, may be, at the option of the City, adjusted to reduce the price to the City to the extent that the price was based on inaccurate, incomplete, or non -current data supplied by the Proposer. This response is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation. This Proposal is not submitted in conformity with any agreement or understanding with any Proposer to submit a false or sham Proposal. Proposer has not sought by collusion to submit a falset to to obtain for itself or any other Proposer, an advantage over any other Proposer or over the City of Anna. In submitting this Proposal, the undersigned agrees that no Proposal may be w ithdrawn for a period of four (4} months after the date of receipt of Proposals, and that all Proposals shall be valid for this entire period, subject to cost adjustment as identified, unless advance written consent for such withdrawal is granted by the Ci ty. Please check the appropriate box: Corporation Partnership Sole Proprietor Unincorporated Include either Social Security or Federal Tax Identification Number: Name of Firm: CARDS Recycling, Inc. and CARDS Dallas, Inc. Phone: 877-592-2737 Address: 3020 Sargent Rd., Dallas, TX 75203 Fax Type or Print Name and Title of Qualified Proposer: Jason Fitzgerald Attest: Signature of Qualified Proposer: Date: Corporate Seal Page 247 of 385 City of Anna RFP # 2020-01 33 Form 3: Declaration The undersigned, as Proposer, declares that the only persons/entities interested in this Proposal are those named herein, that no other person/entity has any interest in this Proposal or in the Contract for services to which this Proposal pertains, that this Proposal is made without connection or arrangement with any other person/entity and that this Proposal is in every aspect fair, in good faith, and without collusion or fraud. The Proposer further declares that he has complied in every respect with all requirements of this RFP, that he has read all appendices and has satisfied himself fully relative to all matters and conditions with respect to the services to which the Proposal pertains. The Proposer states that this Proposal is based upon the Request for Proposal documents and appendices. The Proposer agrees to the proposed Contract of the City of Anna Solid Waste Collection Disposal and Recycling Services as stated in RFP 2020-01. Firm/Corporation Address Name Signature Title Submittal Date Page 248 of 385 City of Anna RFP # 2020-01 34 Form 4: Non-Collusion Affidavit STATE OF : COUNTY OF: I state that I am of (Name of firm) and that I am authorized to make this affidavit on behalf of said firm, and its owners, directors, and officers. I am the person responsible in said firm for the price(s) and the amount of this Response. I state that: 1. The price(s) and amount of this Response have been arrived at independently and without consultation, communication or agreement with any other contractor, Respondent or potential Respondent. 2. Neither the price(s) nor the amount of the Response, and neither the approximate pri ce(s) nor approximate amount of this response, have been disclosed to any other firm or person who is a Respondent or potential Respondent, and they will not be disclosed before opening. 3. No attempt has been made or will be made to induce any firm or perso n to refrain from responding on this agreement, or to submit a Response higher than this Response, or to submit any intentionally high or noncompetitive Response or other form of complementary Response. 4. The Response of said firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Response. 5. (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last five (5) years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract, except as follows: I state that (Name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City in awarding the agreements for which this Response is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Anna of the true facts relating to the submission of Responses for this agreement. I understand and said firm understands that any fraudulent concea lment will allow the City to pursue all applicable remedies at law or equity included, but not limited to, the right to reject this Response. Sworn to and Subscribed before me Signature This day of , 2020 Name Company Position My Commission Expires: (Notary Public) Page 249 of 385 City of Anna RFP # 2020-01 35 Form 5: Conflict of Interest Effective January 1, 2006, Chapter 176 of the Texas Local Government Code went into effect which requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the City Secretary of the City of Anna not less than the 7th business day after the person becomes aware of facts that require the statement to be filed. A recent amendment to this state law that went into effect on August 1, 2007 now allows for two changes to the original statute: The Conflict of Interest Questionnaire only needs to be filled out and returned with your bid if you or your company are aware of a conflict, and if the amount of the conflict exceeds $2,500 It is the responsibility of every vendor filling out and returning this bid to de termine if there is a conflict meeting the parameters listed above. If so, the City of Anna requires this Questionnaire be completed and turned in with your bid . If there is no conflict, or if the amount of the conflict is less than $2,500, then you are no t required to submit the Questionnaire with your bid. See Section 176.006, Local Government Code which reads “A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.” Page 250 of 385 City of Anna RFP # 2020-01 36 Page 251 of 385 City of Anna RFP # 2020-01 37 Form 6: Compliance with Federal and State Laws CERTIFICATION OF ELIGIBILITY By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission, he/she is not on the Federal Governmen t’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the City of Anna Public Works Agent. Failure to do may result in terminating this contract for default. DISCLOSURE OF INTERESTED PARTIES By submitting a bid or proposal in response to this solicitation, the bidder/p roposer agrees to comply with H.B. 1295, Government Code 2252.908. Bidder/proposer agrees to provide the City of Anna Public Works Agent, and/or requesting department, the “Certificate of Interested Parties,” FORM 1295 as required, with in ten (10) busines s days from notification of award, renewal, amended or extended contract. Visit https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information. Authorized Signature Page 252 of 385 City of Anna RFP # 2020-01 38 FORM 7: FELONY CONVICTION NOTICE Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code Section 44.034. Following is an example of a felony conviction notice: FELONY CONVICTION NOTICE State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a municipality must give advance notice to the City if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a municipality may terminate a contract with a person or business entity if the City determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The City must compensate the person or business entity for services performed before the termination of the contract.” THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. VENDOR’S NAME: AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED): My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: My firm is not owned nor operated by anyone who has been convicted of a felony: Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Detail of Conviction(s): Litigation History: Signature of Company Official: Page 253 of 385 City of Anna RFP # 2020-01 39 Form 8: Insurance Requirement Affidavit This Form to be completed by Appropriate Insurance Agent I, the undersigned agent, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified bidder. If the below identified bidder is awarded this contract by the City, I will be able, within ten (10) days after the bidder is notified of such award, to furnish a valid insurance certificate to the City meeting all of the requirements contained in this bid document. Signature of Agent Print or Type Agent's Name Name of Insurance Carrier Address of Insurance Agency City/State Phone number where agent can be reached Facsimile (Fax) number where agent can be reached Bidder's Company or Corporation Name SUBSCRIBED AND SWORN to before me by the above named on this the Day of , 2020. Notary public in and for the State of Note to Agent & Bidder: Refer to “L. REQUIRED INSURANCE AND INDEMNITIES” for coverage amounts etc. If the ten day time requirement is not met, the City reserves the right to declare this proposer non-responsible and award the contract to the next low bidder meeting specifications. If you have any questions concerning these requirements, please contact the Public Works at Public Works@Anna.com. Page 254 of 385 City of Anna RFP # 2020-01 40 Form 9: Reference Proposer Name: Experience Information: Name: Location: Contact Name: Title: Telephone Number: Email Address: Experience Overview: Dates of Service: Residential Units: Commercial Units: Additional Experience/Project Description: Page 255 of 385 City of Anna RFP # 2020-01 41 per month $1.55 per month Monthly with 1x per month On-call Once per month Form 10: Financial Proposal All fees proposed in Forms 10.1 thru 10.7 are based on a five (5) year initial term for the contract. Form 10.8, will allow Proposers to identify the discount if the City elects a seven (7) year initial contract term. City billing fees will be determined by the City and added to the base for residential, commercial, and dumpster rates. The City reserves the right to increase rates or charges to Customers without any increase in compensation to the Contractor. Form 10.1: Solid Waste and Recycling Services for Residential Units assembly, initial distribution, storage, repairs, replacements, warranty claims, subsequent distribution of carts, and other cart responsibilities. 2. City Cart Purchase – proposer only responsible for storage and distribution of carts. 3. Proposed fee includes once per week collection. Proposed fee excludes disposal and Franchise Fee. 4. Proposed fee includes once per week collection and processing. Proposed fee excludes Franchise Fee. Form 10.2: Other Service for Residential Units Description Proposed Monthly Fee per Residential Unit 1 Bulky Waste Service 2, 3 $0.98 Household Hazardous Waste and Electronics Services (2x per Year) Household Hazardous Waste and Electronics Services (Maintained Drop Off Location) $1.47per $2.58 month per month 1. Proposed fee excludes Franchise Fee. 2. The City will determine, prior to award the contract, whether the program will be (i) once per month or (ii) once per month with an additional one call-in per month. Bulky waste services will be limited to 4 cubic yards per collection. 3. Proposed fee excludes disposal. 4. The City will determine, prior to award the contra ct, whether the program will include household hazardous waste and electronics services, and the option to be implemented. 5. Proposed fee includes collection and processing. 1. Proposer Cart Purchase - Includes all cart costs, such as, but not limited to, Services 1x per Week 4 $2.49 per month $3.14 Per month Recycling Services Recycling Collection and Processing per Week 3 $16.62 $17.41 Solid Waste Collection Services 2x per Week 3 $8.31 per month $9.09 per month Solid Waste Collection Services 1x Solid Waste Services (Proposer Cart Purchase) 1 Monthly Fee per Residential Unit (City Cart Purchase) 2 Monthly Fee per Residential Unit Description Household Hazardous Waste and Electronics Services 4, 5 Page 256 of 385 City of Anna RFP # 2020-01 42 Form 10.3: Proposed Monthly Collection Fees for Solid Waste Services for Commercia l Units via Cart, Dumpster, and Vertical Compactor Type and Size Weekly Collection Frequency 1, 2, 3 1 2 3 4 5 6 7 Cart $18.50 $37.00 $55.50 $74.00 $92.50 N/A 2 CY Dumpster $65.86 $107.30 $166.50 222.00 288.00 346.32 3 CY Dumpster 80.66 129.50 173.90 259 340 408.50 4 CY Dumpster 95.00 148.00 211.00 296.00 388.00 466.00 6 CY Dumpster 122 222 333 444 555 667 8 CY Dumpster 144 282 400 518 648 777 2 CY Vertical Compactor 130 260 389 518 648 778 4 CY Vertical Compactor 241 481 722 962 1203 1443 6 CY Vertical Compactor 370 740 1110 1480 1850 2220 8 CY Vertical Compactor 507 1014 1521 1998 2516 3020 1. Proposed fee excludes Franchise Fee. 2. Excludes disposal. 3. Includes all cart, dumpster, and compactor costs excluding compactor rental costs negotiated between vendor and customer and any fees in Form J.11. Page 257 of 385 City of Anna RFP # 2020-01 43 . Form 10.4: Proposed Collection Fees for Extra Pick Ups for Solid Waste Services via Dumpster and Vertical Compactor Type and Size Fee 1 (Per Pickup) 2 CY Dumpster $50 3 CY Dumpster $75 4 CY Dumpster $100 6 CY Dumpster $125 8 CY Dumpster $150 2 CY Vertical Compactor $125 4 CY Vertical Compactor $250 6 CY Vertical Compactor $375 8 CY Vertical Compactor $500 1. Proposed fee excludes disposal and Franchise Fee. Form 10.5: Proposed Disposal Fees for Extra Pick Ups for Solid Waste Services via Dumpster and Vertical Compactor Dumpster Type and Size Fee 1 (Per Pickup) 2 CY Dumpster 0 3 CY Dumpster 0 4 CY Dumpster 0 6 CY Dumpster 0 8 CY Dumpster 0 2 CY Vertical Compactor 0 4 CY Vertical Compactor 0 6 CY Vertical Compactor 0 8 CY Vertical Compactor 0 1. Proposed fee excludes Franchise Fee. Page 258 of 385 City of Anna RFP # 2020-01 44 Form 10.6: Proposed Fees for Solid Waste Services via Roll-off Roll-off Type and Size 1 Container Rental Fee 2 (Per Month) Initial Delivery Fee 2 (One-time) Collection Fee 2 (Per Pull) Disposal Fee 2 (Per Ton) 20 CY Roll-off $120.00 $75 $250 $42 30 CY Roll-off $150.00 $75 $300 $42 40 CY Roll-off $180.00 $75 $350 $42 1. Identify other Roll-off types and sizes to be provided, including proposed fees, if awarded the Contract. 2. Proposed fee excludes Franchise Fee. Form 10.7: Proposed Other Fees for Dumpsters, Compactors, and Roll-offs Description of Service Fee 1 Lock $20 per month Set of Casters 0 per month Opening and Closing of Enclosures No Charge per per per per 1. Proposed fee excludes Franchise Fee. Form 10.8: Discount for 7 Year Initial Term for Contract In Form J.1 thru J.11, fees were based on a five (5) year initial term for the contract. The City is considering an initial term of seven (7) years. To understand whether it is in the best interest of the City to have an initial tern of seven (7) years, the City requests Proposers to identify the discount to be applied to all fees in Form 10.1 thru 10.11 if the City elects a seven (7) year initial term: 3.75 %. Page 259 of 385 Exhibit C: Current City Facilities Service Level Information Page 260 of 385 Exhibit C: Current City Facilities Service Level Information City Facilities Carts – Regular & Recycling City Facilities Front Load Services SERVICE NAME # STREET TYPE QTY SVCE CODE FRQ WEEKLY CITY OF ANNA – SLAYTER CREEK PARK 425 W ROSAMOND PKWY 1.00 08YD 1 CITY OF ANNA – BRYANT PARK 1116 CR 371 RD 0.00 00YD FUTURE CITY OF ANNA – GEER PARK 425 E SIXTH ST 0.00 00YD FUTURE CITY OF ANNA – NATURAL SPRINGS PARK 1100 E FM 455 FM 1.00 08YD 1 CITY OF ANNA – SHERLEY HERITAGE PARK 109 E THIRD ST 1.00 08YD 1 CITY OF ANNA – JOHNSON PARK 500 N SHERLEY AVE 1.00 08YD 1 City Facilities Roll-Off Services SERVICE NAME STREET QTY SVCE CODE PUBLIC WORKS 3223 N POWELL PKWY 1 30 YD PARKS DEPT 1100 E FM 455 1 30 YD SERVICE NAME # STREET TYPE RECYCLING QTY POLY QTY FRQ WEEKLY ANNA EDC/CDC - INC CUBE BUILDING 312 S POWELL PKWY 1 2 1 CITY OF ANNA – CITY HALL 111 N POWELL PKWY 1 2 1 CITY OF ANA – POLICE/UTILITY BILLING 101 S POWELL PKWY 2 4 1 CITY OF ANNA – PUBLIC WORKS 3223 N POWELL PKWY 2 2 1 CITY OF ANNA-FIRESTATION # 1 305 S POWELL PKWY 2 2 1 Page 261 of 385 Exhibit D: Carts Page 262 of 385 Page 263 of 385 Page 264 of 385 Page 265 of 385 Exhibit E: Solid Waste Collection Fees Page 266 of 385 Exhibit E: Solid Waste Collection Fees All collection fees proposed in Table E.1 thru E.6 are based on the (7) year initial term for the contract, including the discount of 3.75% for a 7-year term instead of a 5-year term, as submitted in the proposal from CARDS Dallas, Incorporated. City billing fees, franchise fees, and disposal fees are not included in the rates listed below. Disposal Fees: Disposal fees will be billed to the customer on a monthly basis based upon the disposal costs per ton levied by the Landfill/Disposal Facility/Materials Recovery Facility for the disposal of solid waste and the recovery of recycling materials set out by City of Anna customers. Disposal Fees are subject to changes made by the Landfill/Disposal Facility/Materials Recovery Facility without input from the City or the Contractor. Disposal fees are subject to change at any time. The City of Anna and the Contractor collectively agree to seek out the lowest cost disposal facility located at a reasonable distance to the City of Anna within the region which is properly licensed and permitted in accordance with State and Federal law. Due to the inability of the City or the Contractor to negotiate or control disposal fees, disposal fees are hereby designated as a direct pass-through cost from the disposal facility to the customer, and do not include a mark- up or additional charges by the Contractor or the City. City Billing Fees: City Billing Fees will be billed by the City to the Customer on a monthly basis and are not included in the Solid Waste Collection Fees shown below. City Billing Fees will be based upon direct costs incurred by the City for the staff, equipment, and technology required to manage the solid waste contract. Franchise Fees: Franchise Fees are fees paid by the Contractor to operate a franchise within the City of Anna. Currently there are no franchise fees for solid waste collection. For year 1 of the seven-year contract term, there will be no franchise fees. The City reserves the right to consider implementing franchise fees in the future. Any implementation of franchise fees will be done in accordance with the terms of this agreement and will be included in annual price changes mutually agreed upon by and between the City and the Contractor. Table E.1: Solid Waste and Recycling Collection Services for Residential Units Description Proposed Monthly Fee/Residential Unit 1,2 Solid Waste Collection Services Solid Waste Collection Services 1x per Week 3 $8.75 per month Recycling Collection Services Recycling Collection Services 1x per Week 4 $3.02 per month 1. Includes 3.75% discount for 7-year initial contract term. 2. Includes all cart costs, other than purchase, such as, but not limited to, assembly, initial distribution, storage, repairs, replacements, subsequent distribution of carts, and other cart responsibilities. 3. Proposed fee includes once per week collection. Proposed fee excludes disposal and Franchise Fee. 4. Proposed fee includes once per week collection. Proposed fee excludes disposal/processing and Franchise Fee. Page 267 of 385 Exhibit E: Solid Waste Collection Fees Table E.2: Other Service for Residential Units Description Proposed Fees 1 Carts Additional Solid Waste Cart $7.00 per month Additional Recycling Cart $7.00 per month Bulky Waste Collection Service 2 Once per month $0.94 per month Household Hazardous Waste & Electronics 3, 4 Household Hazardous Waste and Electronics Collection Event (per occurrence) $52,920 per event 1. Proposed fee excludes Franchise Fee. 2. Proposed fee excludes disposal. 3. Fee billed to City and paid by City (not on monthly residential bills) 4. Proposed fee includes collection and processing/disposal for a single event. Page 268 of 385 Exhibit E: Solid Waste Collection Fees Table E.3: Proposed Monthly Collection Fees for Solid Waste Services for Commercial Units via Cart, Dumpster, and Vertical Compactor Type and Size Weekly Collection Frequency 1, 2, 3, 4 1 2 3 4 5 6 Cart $17.81 $35.61 $53.42 $71.23 $89.03 N/A 2 CY Dumpster $63.39 $103.28 $160.26 $213.68 $277.20 $333.33 3 CY Dumpster $77.64 $124.64 $167.38 $249.29 $327.25 $393.18 4 CY Dumpster $91.44 $142.45 $203.09 $284.90 $373.45 $448.53 6 CY Dumpster $117.43 $213.68 $320.51 $427.35 $534.19 $641.99 8 CY Dumpster $138.60 $271.43 $385.00 $498.58 $623.70 $747.86 2 CY Vertical Compactor $125.13 $250.25 $374.41 $498.58 $623.70 $748.83 4 CY Vertical Compactor $231.96 $462.96 $694.93 $925.93 $1,157.89 $1,388.89 6 CY Vertical Compactor $356.13 $712.25 $1,068.38 $1,424.50 $1,780.63 $2,136.75 8 CY Vertical Compactor $487.99 $975.98 $1,463.96 $1,923.08 $2,421.65 $2,906.75 1. Proposed fee includes 3.75% discount for 7-year initial contract term. 2. Excludes Franchise Fee. 3. Excludes disposal. 4. Includes all cart, dumpster, and compactor costs excluding compactor rental costs negotiated between vendor and customer. Page 269 of 385 Exhibit E: Solid Waste Collection Fees Table E.4: Proposed Collection Fees for Extra Pick Ups for Solid Waste Services via Dumpster and Vertical Compactor Type and Size Fee 1, 2 (Per Pickup) 2 CY Dumpster $48.13 3 CY Dumpster $72.19 4 CY Dumpster $96.25 6 CY Dumpster $120.31 8 CY Dumpster $144.38 2 CY Vertical Compactor $120.31 4 CY Vertical Compactor $240.63 6 CY Vertical Compactor $360.94 8 CY Vertical Compactor $481.25 1. Proposed Fee includes 3.75% discount for 7- year initial contract term. 2. Proposed fee excludes disposal and Franchise Fee. Page 270 of 385 Exhibit E: Solid Waste Collection Fees Table E.5: Proposed Fees for Solid Waste Services via Roll-off Roll-off Type and Size 1 Container Rental Fee 2 (Per Month) Initial Delivery Fee 2 (One-time) Collection Fee 2 (Per Pull) Disposal Fee 2 (Per Ton) 20 CY Roll-off $120.00 $75 $250 $42 30 CY Roll-off $150.00 $75 $300 $42 40 CY Roll-off $180.00 $75 $350 $42 1. Identify other Roll-off types and sizes to be provided, including proposed fees, if awarded the Contract. 2. Proposed fee excludes Franchise Fee. Table E.6: Proposed Other Fees for Dumpsters, Compactors, and Roll-offs Description of Service Fee 1 Lock $20 per month Set of Casters $0 per month Opening and Closing of Enclosures No Charge 1. Proposed fee excludes Franchise Fee. Page 271 of 385 Exhibit F: Contractor’s Proposal Page 272 of 385 Page 273 of 385 Page 274 of 385 Page 275 of 385 Page 276 of 385 Page 277 of 385 Page 278 of 385 Page 279 of 385 Page 280 of 385 Page 281 of 385 Page 282 of 385 Page 283 of 385 Page 284 of 385 Page 285 of 385 Page 286 of 385 Page 287 of 385 Page 288 of 385 Page 289 of 385 Page 290 of 385 Page 291 of 385 Page 292 of 385 Page 293 of 385 Page 294 of 385 Page 295 of 385 Page 296 of 385 Page 297 of 385 Page 298 of 385 Page 299 of 385 Page 300 of 385 Page 301 of 385 Page 302 of 385 Page 303 of 385 Page 304 of 385 Page 305 of 385 Page 306 of 385 Page 307 of 385 Page 308 of 385 Page 309 of 385 Page 310 of 385 Page 311 of 385 Page 312 of 385 Page 313 of 385 Page 314 of 385 Page 315 of 385 Page 316 of 385 Page 317 of 385 Page 318 of 385 Page 319 of 385 Page 320 of 385 Page 321 of 385 Page 322 of 385 Page 323 of 385 Page 324 of 385 Page 325 of 385 Page 326 of 385 Page 327 of 385 Page 328 of 385 Page 329 of 385 Page 330 of 385 Page 331 of 385 Page 332 of 385 Page 333 of 385 Page 334 of 385 Page 335 of 385 Page 336 of 385 Page 337 of 385 Page 338 of 385 Item No. 9.c. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Greg Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement by and between the City of Anna, Texas and Anna Town Center Mixed Use, LLC for public water main construction in the Anna Crossing Villas Subdivision. (Director of Public Works Greg Peters) SUMMARY: The developer is required to construct a water main along Finley Boulevard as a part of the Anna Crossing Villas Development. The development requires an 8-inch water main, and the City of Anna Water Master Plan shows the main to be a 12-inch water main. In accordance with State Law and City ordinances, this agreement will provide for the reimbursement of water impact fees for the upside cost of constructing a 12-inch water main instead of an 8-inch water main. Per the agreement the Developer is required to commence construction no later than March 31, 2021 FINANCIAL IMPACT: The estimated cost of $58,215.00 will be reimbursed to the Developer through water impact fees collected from the development. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned, Managed Growth. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute the agreement. ATTACHMENTS: 1.Resolution and Agreement - Water Impact Fee Reimbursement - Anna Crossing Page 339 of 385 Villas Final APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 7/7/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 340 of 385 CITY OF ANNA, TEXAS RESOLUTION NO. 2020-__-__ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND ANNA TOWN CENTER MIXED USE, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna Town Center Mixed Use LLC is seeking to construct public infrastructure related to Anna Crossing Villas, and; WHEREAS, as a key component of the development of Anna Crossing Villas it is necessary to construct a twelve-inch (12”) water main along Finley Boulevard, and; WHEREAS, the twelve-inch (12”) water main is shown in the City of Anna Water Master Plan and the City of Anna Impact Fee Study as a future Public Water Main, and; WHEREAS, public water mains identified in the City of Anna Water Master Plan are eligible for impact fee reimbursement for the upsize cost from the City minimum water main size of eight inches (8”) to the water main size shown in the Water Master Plan, and; 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 water line 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__. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike Page 341 of 385 EXHIBIT “A” Page 342 of 385 Water Line Impact Fee Reimbursement Agreement for Anna Crossing Villas Finley Boulevard Water Main – Page 1 WATER LINE IMPACT FEE REIMBURSEMENT AGREEMENT FOR ANNA CROSSING VILLAS FINLEY BOULEVARD 12” WATER MAIN This Water Line Impact Fee Reimbursement Agreement for Anna Crossing Villas Finley Boulevard 12” Water Main (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Anna Town Center Mixed Use, LLC, a Texas limited liability company (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 22.641 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 City Acceptance Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City 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 Water Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Page 343 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 2 Commence Construction shall have the meaning that the City has approved the engineering plans, held a pre-construction meeting with the Developer and its contractor, and its contractor has mobilized equipment to construct the Water Line Project. Developer’s Construction Cost, with respect to the Water Line Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Water Line Project at the time of full and final completion, dedication and acceptance of the Water Line 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 Water Line Project, means: (1) a dollar amount equal to the lesser of $58,215.00 or the Water Line Upsize Cost; and (2) additional costs eligible for reimbursement, which shall be limited to documented City-approved change orders provided in writing by the Developer and approved by signature of the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which Collected Water 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 the real property known as Anna Crossing Villas as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Water Improvements means a twelve (12) inch C900 PVC water main and associated gate valves, fittings, fire hydrants, encasement pipe, trenchless construction, and any other improvements necessary for a complete water line system for the Water Line Project. Water Line Project means the construction of Finley Boulevard Water Line Improvements generally described, without limitation, as the installation of sixteen hundred (1600) linear feet of twelve inch (12”) C900 PVC water main including six (6) gate valves, three (3) fire hydrants, an air release valve, and 97 linear feet of encased twelve inch (12”) water main by bore, generally depicted in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. Water Line Upsize Cost shall mean the cost difference between the construction of an eight (8) inch water main and the construction of a twelve (12) inch water main as shown in the cost breakdown attached hereto as Exhibit C. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Water Line Project, and before the City has accepted the Water Line 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 Page 344 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 3 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 Water Line 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 Water Line Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as 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 Water Line 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 Water Line 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 Water Line 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-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 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. Page 345 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 4 (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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED 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 WATER LINE 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 WATER LINE 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 WATER LINE PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Water Line Improvements and complete the Water Line 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 Water Line Project. Developer shall commence construction in accordance with the definition in Section 2 “Commence Construction” on or before March 31, 2021. (b) City Obligations Page 346 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 5 (1) In accordance with City Regulations and state law, the City shall collect water facility impact fees from the Impact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Water Impact Fees") and place such Collected Water Impact Fees in a separate and clearly identifiable interest-bearing account. The City shall reimburse Developer up to the Water Line Upsize 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 Water Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Water Line Project even if the total amount of the Collected Water 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 Party in breach has diligently and continuously Page 347 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 6 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 Party 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. (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 Town Center Mixed Use LLC Attn: Adam J. Buczek Authorized Signer 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. Page 348 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 7 (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 or waive such Party'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. (l) 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. Page 349 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard 12” Water Main - Page 8 [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 350 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main ANNA TOWN CENTER MIXED USE LLC, a Texas limited liability company By: Skorburg Anna Town Center Mixed Use, Ltd., Member By: Skorburg Anna Town Center Mixed Use GP Corporation, a Texas corporation, its General Partner By: 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 Skorburg Anna Town Center Mixed Use GP Corporation, a Texas corporation, in its capacity as general partner of Skorburg Anna Town Center Mixed Use, Ltd., a Texas limited partnership, in its capacity as member of Anna Town Center Mixed Use, LLC, a Texas limited liability company and on behalf of said company. Notary Public, State of Texas (SEAL) Page 351 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main CITY OF ANNA By: 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) Page 352 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B – Impact Fee Reimbursement Property Exhibit C – Water Line Project Exhibit D – Breakdown of Costs Page 353 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main EXHIBIT A The Property Page 354 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 355 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 356 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Legal Description BEING 22.641 acres (986,229 square feet) of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; said 22.641 acres (986,229 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use Tract A), as recorded in Instrument Number 20150317000291340, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being all of that certain tract of land described in a Special Warranty Deed to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use Tract B), as recorded in Instrument Number 20190204000117200, O.P.R.C.C.T., and being all of that certain tract of land described as Tract 1, Tract 2 and Tract 3 in a Special Warranty Deed to Anna Town Center Mixed Use LLC (hereinafter referred to as Tract 1, Tract 2 and/or Tract 3), as recorded in in Instrument Number 20190204000117220, O.P.R.C.C.T., said 22.641 acres (986,229 square feet) of land being more particularly described, by metes and bounds, as follows: COMMENCING at the Southerly Southeast corner of said Anna Town Center Mixed Use tract, same being in the existing North Right-of-way line (60' Right-Of-Way) of Sharp Street, according to the plat thereof recorded in Instrument Number 20161110010004610, O.P.R.C.C.T.; THENCE North 00 degrees 34 minutes 03 seconds East, with the East line of said Anna Town Center Mixed Use tract, a distance of 260.19 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the PLACE OF BEGINNING, same being the Southwest corner of said Tract 3; THENCE North 82 degrees 08 minutes 18 seconds West, departing the East line of said Anna Town Center Mixed Use tract and crossing said Anna Town Center Mixed Use tract, a distance of 69.20 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right whose long chord bears North 64 degrees 55 minutes 07 seconds West, a distance of 381.89 feet; THENCE Northwesterly, continue crossing said Anna Town Center Mixed Use tract with said curve to the right, having a radius of 645.00 feet, through a central angle of 34 degrees 26 minutes 22 seconds for an arc distance of 387.70 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; THENCE North 47 degrees 41 minutes 56 seconds West, continue crossing said Anna Town Center Mixed Use tract, a distance of 415.17 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the existing East right-of-way line of Finley Road, as recorded in Instrument Number 2018-693, O.P.R.C.C.T.; THENCE North 31 degrees 18 minutes 05 seconds East, continue crossing said Anna Town Center Mixed Use tract with said existing East right-of-way line of said Finley Road, a distance of 50.43 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 40 degrees 22 minutes 02 seconds East, a distance of 304.67 feet; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road with said curve to the right, having a radius of 960.00 feet, through a central angle of 18 degrees 15 minutes 38 seconds for an arc distance of 305.96 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; Page 357 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main THENCE North 49 degrees 29 minutes 51 seconds East, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road, a distance of 235.92 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears North 43 degrees 32 minutes 19 seconds East, a distance of 215.93 feet; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road with said curve to the left, having a radius of 1040.00 feet through a central angle of 11 degrees 55 minutes 04 seconds for an arc distance of 216.32 feet, to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; THENCE North 37 degrees 33 minutes 48 seconds East, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road and leaving said curve non-tangent, a distance of 503.23 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 52 degrees 25 minutes 04 seconds East, departing the existing East right-of-way line of said Finley Road and crossing said Anna Town Center Mixed Use tract, pass at a distance of 307.48 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the North corner of said Anna Town Center Mixed Use Tract B and with said course and the common line between said Anna Town Center Mixed Use Tract B and the remainder of that certain tract of land described in a deed to Anna Town Center No. 2 / BRTO, Ltd., as recorded Volume 5622, Page 1863, O.P.R.C.C.T., pass at a distance of 372.24 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the East corner of said Anna Town Center Mixed Use Tract B, same being the Northeast corner of said Tract 2, same also being the North line of that certain tract of land described in a deed to Anna Town Center No. 4 / SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4 / SHRP tract), as recorded in Volume 5631, Page 2600, O.P.R.C.C.T. and continue with said course and the common line between said Tract 2 and the remainder of said Anna Town Center No. 4 / SHRP tract, pass at a distance of 440.93 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Tract 2, same being a North line of said Anna Town Center Mixed Use Tract A and continue with said course and crossing said Anna Town Center Mixed Use Tract A for a total distance of 588.06 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found in the East line of said Anna Town Center Mixed Use tract, same being the Westerly line of that certain tract of land described as Tract 1 in a deed to Pacesetter Homes, Inc. (hereinafter referred to as Pacesetter Homes tract), as recorded in Instrument Number 20180525000644710, O.P.R.C.C.T.; THENCE South 27 degrees 54 minutes 27 seconds West with the common line between said Anna Town Center Mixed Use Tract A and said Pacesetter Homes tract, a distance of 772.90 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the North corner of said Tract 1, same being the beginning of a curve to the left, whose long chord bears South 14 degrees 14 minutes 15 seconds West, a distance of 189.06 feet; THENCE Southwesterly, departing the East line of said Anna Town Center Mixed Use tract and with the common line between said Tract 1 and said Pacesetter Homes tract and with said curve to the left, having a radius of 400.00 feet, through a central angle of 27 degrees 20 minutes 24 seconds for an arc distance of 190.87 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for corner; THENCE South 00 degrees 34 minutes 03 seconds West, continue with the common line between said Tract 1 and said Pacesetter Homes tract, pass at a distance of 83.46 feet, a five- Page 358 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the South corner of said Tract 1, same being the North corner of that certain tract of land described as Tract 2 in a deed to Pacesetter Homes, Inc. (hereinafter referred to as Pacesetter Homes Tract 2), as recorded in Instrument Number 20180525000644710, O.P.R.C.C.T., same being the East line of said Anna Town Center Mixed Use Tract A and continue with said course and the common line between said Anna Town Center Mixed Use Tract A and said Pacesetter Homes Tract 2, pass at a distance of 185.25 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southwest corner of said Pacesetter Homes Tract 2, same being the Northeast corner of said Tract 3 and continue with said course and the common line between said Tract 3 and said Pacesetter Homes tract for a total distance of 236.29 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Tract 3, same being a Northeast corner of the remainder of said Anna Town Center No. 4 / SHRP tract; THENCE North 82 degrees 08 minutes 18 seconds West with the common line between the remainder of said Anna Town Center No. 4 / SHRP tract and said Tract 3, a distance of 194.22 feet to the PLACE OF BEGINNING, and containing a calculated area of 22.641 acres (986,229 square feet) of land. Page 359 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main EXHIBIT B Impact Fee Reimbursement Property Page 360 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 361 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 362 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Legal Description BEING 22.641 acres (986,229 square feet) of land situated in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; said 22.641 acres (986,229 square feet) of land being a portion of that certain tract of land described in a Special Warranty Deed with Vendor's Lien to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use Tract A), as recorded in Instrument Number 20150317000291340, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being all of that certain tract of land described in a Special Warranty Deed to Anna Town Center Mixed Use LLC (hereinafter referred to as Anna Town Center Mixed Use Tract B), as recorded in Instrument Number 20190204000117200, O.P.R.C.C.T., and being all of that certain tract of land described as Tract 1, Tract 2 and Tract 3 in a Special Warranty Deed to Anna Town Center Mixed Use LLC (hereinafter referred to as Tract 1, Tract 2 and/or Tract 3), as recorded in in Instrument Number 20190204000117220, O.P.R.C.C.T., said 22.641 acres (986,229 square feet) of land being more particularly described, by metes and bounds, as follows: COMMENCING at the Southerly Southeast corner of said Anna Town Center Mixed Use tract, same being in the existing North Right-of-way line (60' Right-Of-Way) of Sharp Street, according to the plat thereof recorded in Instrument Number 20161110010004610, O.P.R.C.C.T.; THENCE North 00 degrees 34 minutes 03 seconds East, with the East line of said Anna Town Center Mixed Use tract, a distance of 260.19 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the PLACE OF BEGINNING, same being the Southwest corner of said Tract 3; THENCE North 82 degrees 08 minutes 18 seconds West, departing the East line of said Anna Town Center Mixed Use tract and crossing said Anna Town Center Mixed Use tract, a distance of 69.20 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right whose long chord bears North 64 degrees 55 minutes 07 seconds West, a distance of 381.89 feet; THENCE Northwesterly, continue crossing said Anna Town Center Mixed Use tract with said curve to the right, having a radius of 645.00 feet, through a central angle of 34 degrees 26 minutes 22 seconds for an arc distance of 387.70 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; THENCE North 47 degrees 41 minutes 56 seconds West, continue crossing said Anna Town Center Mixed Use tract, a distance of 415.17 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the existing East right-of-way line of Finley Road, as recorded in Instrument Number 2018-693, O.P.R.C.C.T.; THENCE North 31 degrees 18 minutes 05 seconds East, continue crossing said Anna Town Center Mixed Use tract with said existing East right-of-way line of said Finley Road, a distance of 50.43 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears North 40 degrees 22 minutes 02 seconds East, a distance of 304.67 feet; THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road with said curve to the right, having a radius of 960.00 feet, through a central angle of 18 degrees 15 minutes 38 seconds for an arc distance of 305.96 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; THENCE North 49 degrees 29 minutes 51 seconds East, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road, a distance of 235.92 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears North 43 degrees 32 minutes 19 seconds East, a distance of 215.93 feet; Page 363 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main THENCE Northeasterly, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road with said curve to the left, having a radius of 1040.00 feet through a central angle of 11 degrees 55 minutes 04 seconds for an arc distance of 216.32 feet, to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; THENCE North 37 degrees 33 minutes 48 seconds East, continue crossing said Anna Town Center Mixed Use tract with the existing East right-of-way line of said Finley Road and leaving said curve non-tangent, a distance of 503.23 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for corner; THENCE South 52 degrees 25 minutes 04 seconds East, departing the existing East right-of-way line of said Finley Road and crossing said Anna Town Center Mixed Use tract, pass at a distance of 307.48 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the North corner of said Anna Town Center Mixed Use Tract B and with said course and the common line between said Anna Town Center Mixed Use Tract B and the remainder of that certain tract of land described in a deed to Anna Town Center No. 2 / BRTO, Ltd., as recorded Volume 5622, Page 1863, O.P.R.C.C.T., pass at a distance of 372.24 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the East corner of said Anna Town Center Mixed Use Tract B, same being the Northeast corner of said Tract 2, same also being the North line of that certain tract of land described in a deed to Anna Town Center No. 4 / SHRP, Ltd. (hereinafter referred to as Anna Town Center No. 4 / SHRP tract), as recorded in Volume 5631, Page 2600, O.P.R.C.C.T. and continue with said course and the common line between said Tract 2 and the remainder of said Anna Town Center No. 4 / SHRP tract, pass at a distance of 440.93 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Tract 2, same being a North line of said Anna Town Center Mixed Use Tract A and continue with said course and crossing said Anna Town Center Mixed Use Tract A for a total distance of 588.06 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found in the East line of said Anna Town Center Mixed Use tract, same being the Westerly line of that certain tract of land described as Tract 1 in a deed to Pacesetter Homes, Inc. (hereinafter referred to as Pacesetter Homes tract), as recorded in Instrument Number 20180525000644710, O.P.R.C.C.T.; THENCE South 27 degrees 54 minutes 27 seconds West with the common line between said Anna Town Center Mixed Use Tract A and said Pacesetter Homes tract, a distance of 772.90 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the North corner of said Tract 1, same being the beginning of a curve to the left, whose long chord bears South 14 degrees 14 minutes 15 seconds West, a distance of 189.06 feet; THENCE Southwesterly, departing the East line of said Anna Town Center Mixed Use tract and with the common line between said Tract 1 and said Pacesetter Homes tract and with said curve to the left, having a radius of 400.00 feet, through a central angle of 27 degrees 20 minutes 24 seconds for an arc distance of 190.87 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for corner; THENCE South 00 degrees 34 minutes 03 seconds West, continue with the common line between said Tract 1 and said Pacesetter Homes tract, pass at a distance of 83.46 feet, a five- eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the South corner of said Tract 1, same being the North corner of that certain tract of land described as Tract 2 in a deed to Pacesetter Homes, Inc. (hereinafter referred to as Pacesetter Homes Tract 2), as recorded in Instrument Number 20180525000644710, O.P.R.C.C.T., same being the East line of said Anna Town Center Mixed Use Tract A and continue with said course and the common line between said Anna Town Center Mixed Use Tract A and said Pacesetter Homes Tract 2, pass at a distance of 185.25 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southwest corner of said Pacesetter Homes Tract 2, same being the Northeast corner of said Tract 3 and continue with said course and the common line between said Tract 3 and said Pacesetter Homes tract for a total distance of 236.29 feet to a five-eighths inch iron rod with Page 364 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main plastic cap stamped "RPLS 4838" found for the Southeast corner of said Tract 3, same being a Northeast corner of the remainder of said Anna Town Center No. 4 / SHRP tract; THENCE North 82 degrees 08 minutes 18 seconds West with the common line between the remainder of said Anna Town Center No. 4 / SHRP tract and said Tract 3, a distance of 194.22 feet to the PLACE OF BEGINNING, and containing a calculated area of 22.641 acres (986,229 square feet) of land. Page 365 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main EXHIBIT C The Water Line Project Page 366 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 367 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 368 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 369 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main Page 370 of 385 Water Line Impact Fee Reimbursement Agreement Anna Crossing Villas Finley Boulevard Water Main EXHIBIT D Breakdown of Costs1 1 Note, costs are an estimate only and the final construction costs shall be determined by the actual am ounts paid for the Water Line Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Page 371 of 385 Item No. 9.d. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Jim Proce AGENDA ITEM: Consider/Discuss/Approve a resolution directing calculation of the voter-approval tax rate in the manner of a special taxing unit under the disaster provisions of TEXAS TAX CODE §26.04. (City Manager Jim Proce) SUMMARY: Under the Texas Property Tax Reform and Transparency Act of 2019 (SB2), a city council may direct its designated officer or employee to calculate the voter-approval rate in the manner provided for a special taxing unit (an 8 percent rate, instead of a 3.5 percent rate) if any part of the city is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States (Tex Tax Code 26.04(c-1)). On March 13, 2020, United States President Donald Trump declared a national emergency concerning the COVID-19 outbreak; and also effective March 13, 2020, Governor Greg Abbott declared a state of disaster for Texas. As always, the City Council retains the ability to adopt a rate different than the voter- approval rate, whether lower or higher. A city council wishing to direct the designated officer or employee to calculate an 8 percent voter-approval tax rate should take formal action to do so in order to ensure a record of the council's decision on the matter and to limit any confusion on the part of the person making the calculation. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Anna – Great Place to Live STAFF RECOMMENDATION: Page 372 of 385 ATTACHMENTS: 1.RESOLUTION DIRECTING DISASTER TAX CALCULATION C20004D20200707CR1 redline APPROVALS: Terry Doby, Budget Manager Created/Initiated - 7/8/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 373 of 385 City of Anna Resolution No. __________Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION DIRECTING CALCULATION OF THE VOTER-APPROVAL TAX RATE IN THE MANNER OF A SPECIAL TAXING UNIT UNDER THE DISASTER PROVISIONS OF TEXAS TAX CODE §26.04 AND DESIGNATING THE CITY MANAGER TO ACCOMPLISH SAME. WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, effective March 13, 2020, United States President Donald Trump declared a national emergency concerning the COVID-19 outbreak; and also effective March 13, 2020, Governor Greg Abbott declared a state of disaster for Texas; and WHEREAS, effective March 16, 2020, Collin County Judge Chris Hill issued a disaster declaration for the entirety of Collin County; followed on March 17, 2020 by Mayor of Anna’s Declaration of Disaster and Public Health Emergency; and WHEREAS, Section 26.04(c-1) of the Texas Tax Code provides that the governing body of a taxing unit located in an area declared to be a disaster area by the Governor or by the president of the United States during the current tax year may direct a designated employee of the City to calculate the voter-approval tax rate applicable to the City as if it were a special taxing unit; and WHEREAS, with the COVID-19 disaster affecting the entirety of the City of Anna, its City Council has investigated and determined it is in the best interests of the City and its residents to use the powers provided by the Texas Legislature to provide for the option to calculate the applicable tax rates in the manner provided for a special taxing unit as provided by Texas Tax Code § 26.04(c-1); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. That the City Manager of Anna, Texas and/or a representative of the Collin County Tax Assessor-Collector shall serve as the designated employee officers of the City for purposes of Texas Tax Code § 26.04(c-1). Section 2. The City Manager is hereby authorized to exercise any and all options available for declared disaster areas in accordance with the Texas Reform and Transparency Act of 2019 (Senate Bill 2) to ensure the continued financial health of the City, and shall calculate or cause the calculation of applicable tax rates to be performed in the manner provided for a special taxing Page 374 of 385 City of Anna Resolution No. __________Page 2 of 2 unit as provided by Texas Tax Code § 26.04(c-1). Without limiting the authority granted above, the City Manager is authorized to direct the City’s taxing unit representative or other designee or representative of the Collin County Tax Assessor-Collector to calculate the applicable tax rates in the manner provided for a special taxing unit as provided by Texas Tax Code § 26.04(c-1). Section 3. This resolution shall take effect immediately from and after its passage and execution by the Mayor, and is accordingly so resolved, and the budget officer of the City is authorized to take other necessary actions to accomplish the objectives set forth in this resolution. PASSED AND APPROVED by a majority of the full membership of the City Council of the City of Anna, Texas this the ____ day of __________________, 2020. ATTEST: _____________________________ Carrie L. Land, City Secretary ATTEST: ________________________________ Nate Pike, Mayor Page 375 of 385 Item No. 9.e. City Council Agenda Staff Report Meeting Date:7/14/2020 Staff Contact:Greg Peters Dana Thornhill AGENDA ITEM: Conduct a public hearing and consider/discuss/act on an Ordinance adopting water and sanitary sewer rates for the City of Anna, Texas, including establishment of new water and sanitary sewer rates to be implemented on October 1, 2020. (Director of Public Works Greg Peters) SUMMARY: This item requires a public hearing to be held. It has been over five years since the water and sanitary sewer rates in the City of Anna have been updated. During this time, the water purchase and sewer treatment costs imposed on the City by outside entities have increased by more than 40%. These increased costs have not been passed on to rate payers. Rate payers include neighbors who reside inside the City of Anna, and also those who reside in many portions of Anna's Extraterritorial Jurisdiction (ETJ). During the rate freeze the City Utility Fund has been seeing decreased revenues and is now in danger of becoming insolvent. Due to the complex relationships Anna must utilize to purchase drinking water and pay for sewer treatment, the City of Anna pays significantly higher costs for both water and wastewater when compared to most other Cities in North Texas. When comparing the City of Anna to other communities, the cities in the most similar situation are Melissa, Van Alstyne, and Howe. Cities like McKinney, Allen, Plano, and Richardson have significantly less cost as they are located very close to NTMWD facilities, or have NTMWD facilities located within their city limits. It is not the goal of the City of Anna Utility Fund to turn a profit. The goal is to balance costs with revenues, in order to provide rate payers with a high level of service at the lowest cost. The City of Anna has completed a utility rate study with the assistance of NewGen Strategies. This process included the review of all utility costs incurred by the City, all personnel, maintenance, and operations costs, along with the anticipated rising costs of Page 376 of 385 purchasing wholesale water from the Greater Texoma Utility Authority (GTUA) and the North Texas Municipal Water District (NTMWD). In addition, the sewer treatment costs the City pays to NTMWD and the sewer transportation costs the City pays to the City of Melissa were also evaluated. NTMWD plans to continue to increase water supply and wastewater treatment costs on an annual basis over the next 5 years and beyond. The specific increases will likely range from 3% to 10% over the coming years depending upon their annual rate reviews. In order to lessen the rate increase seen by ratepayers, the City of Anna has frozen two positions in the Public Works Department and has delayed the design and construction of multiple sanitary sewer and water system capital projects. While these projects are critical to the long-term utility needs of the community, the City is focused on doing everything possible to keep rates as low as we can. The attached Ordinance includes the final recommendation of City staff for rate implementation. Staff is recommending approval of the ordinance tonight, with formal implementation of the new rates on October 1, 2020. This will allow rate payers to make it through the high water use period of July through September with the existing rates in place. The rate plan should be re-evaluated on an annual basis, as the needs of the community and outside cost factors are subject to change on an annual basis. Staff is recommending approval of the ordinance as presented. FINANCIAL IMPACT: The new water and sewer rates will be an increase over the existing rates, and do have a financial impact on both the rate payers and the City. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval of the Ordinance as presented. ATTACHMENTS: 1.Utility Rate Ordinance with Exhibits APPROVALS: Page 377 of 385 Greg Peters, Director of Public Works Created/Initiated - 7/9/2020 Jim Proce, City Manager Final Approval - 7/10/2020 Page 378 of 385 CITY OF ANNA, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A 5-YEAR RATE PLAN FOR WATER AND SANITARY SEWER SERVICE RATES AS SHOWN IN EXHIBIT A ATTACHED HERETO AND AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A, ARTICLE A6.000 UTILITY FEES, SECTION A6.009 WATER AND SANITARY SEWER SERVICE RATES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, it is the responsibility of the City of Anna, Texas (the "City") to provide safe drinking water supply and distribution, and safe sanitary sewer collection and treatment for the public; and, WHEREAS, the City continues to face increasing costs from North Texas Municipal Water District, the Greater Texoma Utility Authority, and the City of Melissa for t he production and transmission of treated surface water and the transmission and treatment of wastewater; and, WHEREAS, the City Council has found and determined that it is in the best interests of the public to increase water and sanitary sewer rates in order to ensure the financial stability of the City of Anna Utility Fund; and WHEREAS, the City of Anna hereby establishes new water and sanitary sewer service rates; and WHEREAS, the new water and sanitary sewer service rates shall go into effect on October 1, 2020; and WHEREAS, the meeting and public hearing at which this ordinance is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. Page 379 of 385 Section 2. Adoption of Water and Sanitary Sewer Service Rates. As relates to all connections to the City’s potable water system, the City Council hereby revises the current rates shown in Exhibit A and adopts the water and sanitary sewer service rates as set forth in Section 3 and detailed in Exhibit B of this ordinance. Section 3. Amendments to Part II of the Anna Code. This ordinance amends Appendix A of the Anna City Code of Ordinances (the “Anna Code”) to add the provisions below and rates and rate provisions included in Exhibit B, to become and made part of the Anna Code as follows: (a) Effective Date. Bills calculated after October 1, 2020 shall use the newly adopted rates presented fully in Exhibit B referenced herein. (b) North Texas Groundwater Conservation District water production fee. In addition to the minimum charges and rates for water usage that are set forth in this section, each customer shall pay a water production fee equal to the then current rate (currently $0.15 per 1,000 gallons of water usage) charged to the City by the North Texas Groundwater Conservation District. The production fee is a pass-through cost and may vary from time to time. (c) Total monthly charges. The total monthly charges stated on customer bills shall be paid by the customer in accordance with the terms stated in such bill. Section 4. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 5. Severability. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. Page 380 of 385 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of July 2020. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike ------------------------------ Page 381 of 385 Exhibit A Current Rates (following page) Page 382 of 385 Exhibit "A" - Current Rates City of Anna Water and Wastewater Rates Water Service Rates Multi-Family Duplex SGWS Industrial Inside City Outside City Inside City Outside City Inside City Inside City Inside City Inside City Outside City Inside City Meter Size Minimum Service Charge 3/4" or less 24.94$ 31.18$ 24.94$ 31.18$ 24.94$ 24.94$ -$ 24.94$ 31.18$ 24.94$ 1"55.55 69.44 55.55 69.44 24.94 24.94 - 24.94 31.18 55.55 1 1/2" 106.56 133.20 106.56 133.20 24.94 24.94 - 24.94 31.18 106.56 2"167.77 209.71 167.77 209.71 24.94 24.94 - 24.94 31.18 167.77 3"310.61 388.26 310.61 388.26 24.94 24.94 - 24.94 31.18 310.61 4"514.65 643.31 514.65 643.31 24.94 24.94 - 24.94 31.18 514.65 6"1,024.77 1,280.96 1,024.77 1,280.96 24.94 24.94 - 24.94 31.18 1,024.77 8"2,045.01 2,556.26 2,045.01 2,556.26 24.94 24.94 - 24.94 31.18 2,045.01 10"5,105.73 6,382.16 5,105.73 6,382.16 24.94 24.94 - 24.94 31.18 5,105.73 Volumetric Charges Rate per 1,000 Gallons 0-2,000 gallons -$ -$ -$ -$ -$ -$ 1.90$ -$ -$ -$ 2,001-10,000 gallons 5.96 7.45 5.96 7.45 5.96 5.96 1.90 5.96 7.45 5.96 10,001-15,000 gallons 7.46 9.33 7.46 9.33 7.46 7.46 1.90 7.46 9.33 7.46 15,001-20,000 gallons 8.95 11.19 8.95 11.19 8.95 8.95 1.90 8.95 11.19 8.95 20,001+ gallons 11.92 14.90 11.92 14.90 11.92 11.92 1.90 11.92 14.90 11.92 Wastewater Service Rates Commercial Multi-Family Duplex2 Industrial Inside City Outside City Inside City Inside City Inside City Inside City Meter Size Minimum Service Charge 3/4" or less 24.94$ 37.41$ 24.94$ 24.94$ 49.88$ 24.94$ 1"55.55 83.33 55.55 24.94 49.88 55.55 1 1/2"106.56 159.84 106.56 24.94 49.88 106.56 2"167.77 251.66 167.77 24.94 49.88 167.77 3"310.61 465.92 310.61 24.94 49.88 310.61 4"514.65 771.98 514.65 24.94 49.88 514.65 6"1,024.77 1,537.16 1,024.77 24.94 49.88 1,024.77 8"2,045.01 3,067.52 2,045.01 24.94 49.88 2,045.01 10"5,105.73 7,658.60 5,105.73 24.94 49.88 5,105.73 Volumetric Charges Rate per 1,000 Gallons 0-2,000 gallons -$ -$ -$ -$ -$ -$ 2,001+ gallons 4.93 7.40 4.93 4.93 - 4.93 0-4,000 gallons -$ -$ -$ -$ -$ -$ 4,001+ gallons - - - - 4.93 - Notes 1. For residential customers with a meter size of 3/4" or less, the maximum monthly bill for wastewater charges is $84.24 for inside city and $135.05 for outside city. 2. The maximum monthly wastewater charge for Duplex customers is $183.75 Residential Commercial South Grayson Residential1 Page 383 of 385 Exhibit B Proposed Rates for Adoption (following page) Page 384 of 385 Exhibit "B" - Proposed Rates City of Anna Water and Wastewater Rates Water Service Rates Multi-Family Duplex SGWS Industrial Inside City Outside City Inside City Outside City Inside City Inside City Inside City Inside City Outside City Inside City Meter Size Minimum Service Charge 3/4" or less 27.43$ 34.29$ 27.43$ 34.29$ 27.43$ 27.43$ -$ 27.43$ 34.29$ 27.43$ 1"61.11 76.38 61.11 76.38 27.43 27.43 - 27.43 34.29 61.11 1 1/2" 117.22 146.52 117.22 146.52 27.43 27.43 - 27.43 34.29 117.22 2"184.55 230.68 184.55 230.68 27.43 27.43 - 27.43 34.29 184.55 3"341.67 427.09 341.67 427.09 27.43 27.43 - 27.43 34.29 341.67 4"566.12 707.64 566.12 707.64 27.43 27.43 - 27.43 34.29 566.12 6"1,127.25 1,409.06 1,127.25 1,409.06 27.43 27.43 - 27.43 34.29 1,127.25 8"2,249.51 2,811.89 2,249.51 2,811.89 27.43 27.43 - 27.43 34.29 2,249.51 10"5,616.30 7,020.38 5,616.30 7,020.38 27.43 27.43 - 27.43 34.29 5,616.30 Volumetric Charges Rate per 1,000 Gallons 0-2,000 gallons -$ -$ -$ -$ -$ -$ 2.09$ -$ -$ -$ 2,001-10,000 gallons 6.56 8.20 6.56 8.20 6.56 6.56 2.09 6.56 8.20 6.56 10,001-15,000 gallons 8.21 10.26 8.21 10.26 8.21 8.21 2.09 8.21 10.26 8.21 15,001-20,000 gallons 9.85 12.31 9.85 12.31 9.85 9.85 2.09 9.85 12.31 9.85 20,001+ gallons 13.11 16.39 13.11 16.39 13.11 13.11 2.09 13.11 16.39 13.11 Wastewater Service Rates Commercial Multi-Family Duplex2 Industrial Inside City Outside City Inside City Inside City Inside City Inside City Meter Size Minimum Service Charge 3/4" or less 27.43$ 41.15$ 27.43$ 27.43$ 49.88$ 27.43$ 1"27.43 41.15 61.11 27.43 49.88 61.11 1 1/2"27.43 41.15 117.22 27.43 49.88 117.22 2"27.43 41.15 184.55 27.43 49.88 184.55 3"27.43 41.15 341.67 27.43 49.88 341.67 4"27.43 41.15 566.12 27.43 49.88 566.12 6"27.43 41.15 1,127.25 27.43 49.88 1,127.25 8"27.43 41.15 2,249.51 27.43 49.88 2,249.51 10"27.43 41.15 5,616.30 27.43 49.88 5,616.30 Volumetric Charges Rate per 1,000 Gallons 0-2,000 gallons -$ -$ -$ -$ -$ -$ 2,001+ gallons 5.42 8.13 5.42 5.42 - 5.42 0-4,000 gallons -$ -$ -$ -$ -$ -$ 4,001+ gallons - - - - 5.42 - Notes 1. For residential customers, the maximum monthly billed flow will be 14,000 gallons. Since 2,000 gallons are included in the minimum charge, 12,000 would be billed at the unit rate. 2. For duplex customers, the maximum monthly billed flow will be 28,000 gallons. Since 4,000 gallons are included in the minimum charge, 24,000 would be billed at the unit rate. Residential Commercial South Grayson Residential1 Page 385 of 385