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HomeMy WebLinkAbout2020-08-11 Regular Meeting PacketAGENDA City Council Meeting Tuesday, August 11, 2020 @ 7:30 PM Sue E. Rattan Elementary School 1211 S. Ferguson Parkway, Anna, Texas The City Council of the City of Anna will meet at 7:30 PM, on August 11, 2020, at the Sue E. Rattan Elementary School, Located at 1211 S. Ferguson Parkway, to consider the following items. Welcome to the City Council meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wish to speak on an open-session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. 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 and any item that is not on this meeting agenda. 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. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. 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 Page 1 of 256 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 for dedicated and exemplary service for the retirement of Police Chief, Jeff Caponera. b. Recognition for dedicated and exemplary service of Finance Director, Dana Thornhill. 5. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution authorizing the City Manager to sign a professional services agreement with the Texas Coalition for Affordable Power (TCAP) and Gexa Energy's Commercial Electric Service Agreement to participate in a Strategic Hedging Program (Interim Finance Director Alan Guard) b. Approve an Ordinance re-affirming the designation of FM 455 in the City of Anna, Texas as White Street from County Road 424 to County Road 937. (Director of Public Works, Greg Peters) c. Approve Enterprise lease agreement for bucket truck replacement. (Director of Public Works, Greg Peters) d. Approve City Council Meeting Minutes July 28, 2020. (City Secretary Carrie Land) e. Approve an Ordinance of the City Council of the City of Anna, Texas, ordering a general election to be held on November 3, 2020 for the purpose of electing two (2) City Council Members and a special election to elect one (1) City Council Member to fill an unexpired term of office; designating polling places; ordering notices of Election to be given; authorizing execution of joint election contracts. (City Secretary Carrie Land) f. Approve a Resolution amending the representatives authorized to transact business with the Texas Local Government Investment Pool (Interim Finance Director Alan Guard) g. Review CDC/EDC Joint Meeting Minutes from the July 2, 2020 Meeting (Economic Development Director Joey Grisham) h. Approve a Resolution approving the Development Plat for 2826 Storage Addition, Block A, Lot 1. (Director of Development Services, Ross Altobelli) i. Approve a Resolution approving the Development Plat for Froehlich Estate, Block A, Lot 1. (Director of Development Services, Ross Altobelli) j. Approve a Resolution approving the Development Plat for Vaclavik Estates, Block A, Lot 1. (Director of Development Services, Ross Altobelli) k. Approve a Resolution approving the Development Plat for Rojas Estates, Block A, Lot 1. (Director of Development Services, Ross Altobelli) l. Approve a Resolution approving the Replat for Victoria Falls Center Addition, Block A, Lot 1R. (Director of Development Services, Ross Altobelli) Page 2 of 256 m. Approve a Resolution approving the Revised Site Plan for Victoria Falls Center Addition, Block A, Lot 1R. (Director of Development Services, Ross Altobelli) n. Review meeting minutes from the July 7, 2020 Planning & Zoning Commission meeting. (Director of Development Services, Ross Altobelli) o. Approve a Resolution authorizing the City Manager to renew the Agreement between the City of Anna Police Department and Defense Logistics Agency for the no cost acquisition of surplus military equipment. (Police Chief, Jeff A. Caponera) p. Approve a Resolution authorizing the City Manager to execute a development agreement with LGI Homes - Texas, LLC for the construction of Rosamond Parkway and drainage improvements. (Director of Public Works, Greg Peters) q. Approve an Ordinance Amending the FY 2019 - 2020 Parks Development Fund Budget to add a Recreation Manager and three part-time Recreation Coordinator positions. (City Manager, Jim Proce) r. Approve an Ordinance Amending the FY2019 - 2020 Budget to add a Code Enforcement Officer (Neighborhood Services Department), a Plan Reviewer (Development Services Department) and a Project Engineer (Utility Administration Department). (City Manager, Jim Proce) s. Approve a Resolution naming the date and place of a public hearing on the FY 2020-2021 budget. (City Manager, Jim Proce) 6. Items For Individual Consideration. a. Consider/Discuss/Action on an Ordinance adopting the 2015 Edition of the International Fire Code with local amendments, adopting additional fire prevention and investigation regulations, and repealing certain existing fire prevention regulations. (Fire Chief, Ray Isom) b. Consider/Discuss/Action on the initiation of the Bond Process related to "Anna Sherley" Phase One and MI PID Bond Issuances in accordance with and subject to the requirements of the Sherley Tract Subdivision Improvement Agreement, with the goal of closing funds prior to December 15th, 2020. (City Attorney, Clark McCoy) c. Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance to adopt new solid waste rates in the City of Anna, Texas. (Director of Public Works, Greg Peters) d. Presentation of the proposed FY 2020-2021 Budget (City Manager, Jim Proce) e. Consider/Discuss/Action on a Resolution to propose a property tax rate of 0.583000 per $100 of property valuation for the City that the Council may adopt for the 2020 tax year and setting date and time for a public hearing on the tax rate. (City Manager, Jim Proce) f. Consider/Discuss/Action on sending a formal letter to Governor Abbott regarding Executive Order No. GA-29 relating to the use of face coverings. (City Manager, Jim Proce) 7. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session Page 3 of 256 To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate 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). 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. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9. 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 6:00 p.m. on August 7, 2020 Carrie L. Land, City Secretary Page 4 of 256 Item No. 4.a. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Recognition for dedicated and exemplary service for the retirement of Police Chief, Jeff Caponera. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 5 of 256 Item No. 4.b. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Recognition for dedicated and exemplary service of Finance Director, Dana Thornhill. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Jim Proce, City Manager Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 6 of 256 Item No. 5.a. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution authorizing the City Manager to sign a professional services agreement with the Texas Coalition for Affordable Power (TCAP) and Gexa Energy's Commercial Electric Service Agreement to participate in a Strategic Hedging Program (Interim Finance Director Alan Guard) SUMMARY: The City of Anna is a member of TCAP for purposes of procuring lower rates for energy purchases. The Strategic Hedging Program (SHP) is a fixed price program but with a shorter term for the fixed price designed to procure energy when it is cheaper. TCAP works on behalf of its members to find and/or negotiate the best rates using the large number of member cities to leverage lower rates overall. If the City is able to procure better rates through a long-term fixed-price, fixed-term contract there are opportunities to opt out of the agreement every six months. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing Professional City STAFF RECOMMENDATION: Approve the Resolution and authorize the City Manager to sign the services agreements. ATTACHMENTS: 1.Exhibit 1 PSA C03029D20200422DO1 2.Exhibit 2 - CESA C03029D20200422DO1 3.Res Incentive Agreement GEXA TCAP C03029D20200422DO1 4.Attachments C 5.Attachments D Page 7 of 256 6.Attachments E 7.Attachment B User's Guide APPROVALS: Alan Guard, Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 8 of 256 Exhibit A PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF ANNA AND TEXAS COALITION FOR AFFORDABLE POWER, INC. This Professional Services Agreement (“AGREEMENT”) is made and entered by and between Texas Coalition for Affordable Power, Inc. (“TCAP”), a non-profit, political subdivision corporation, and City of Anna, Texas (“MEMBER”), a TCAP member. SECTION 1 DURATION: This AGREEMENT becomes effective as of signing by MEMBER and shall remain effective as long as MEMBER is being served by TCAP and MEMBER’s electric load included in a current TCAP procurement. SECTION 2 PURPOSE OF AGREEMENT: The purpose of this AGREEMENT is to define services and obligations of TCAP to MEMBER and obligations of MEMBER to TCAP and other members. In furtherance of this AGREEMENT, MEMBER will enter into a Commercial Electric Service Agreement (“CESA”) with a retail electric provider (“REP”) selected by TCAP pursuant to the terms set forth herein; provided that nothing in this AGREEMENT is intended to alter the price or other terms of MEMBER’s current CESA in effect through December 31, 2022. SECTION 3 OBLIGATIONS OF TCAP TO MEMBER: MEMBER authorizes TCAP to contract for the purchase of energy for MEMBER in the wholesale market from an energy manager selected by TCAP (“Energy Manager”) and to select an acceptable, cost-beneficial REP to serve MEMBER’s electric accounts. TCAP shall provide procurement services, which services shall consist of securing wholesale power for MEMBER through an alternative procurement strategy, such as TCAP’s Strategic Hedging Program (“SHP”), as may be authorized and defined by TCAP’s Board of Directors. MEMBER may elect to consider fixed-price, fixed-term offers for wholesale power supply, such election to be communicated to TCAP separately in writing by providing an Authorized Election Form to TCAP, the form of which has been attached to this AGREEMENT as Exhibit A. If MEMBER has provided to TCAP an Authorized Election Form, TCAP’s procurement services to MEMBER shall also consist of arranging fixed-price, fixed-term offers to MEMBER following solicitation of competitive offers. TCAP consultants and attorneys will negotiate terms and conditions of all contracts, monitor performance of Energy Managers and REPs, work to avoid and remedy problems that may be encountered by MEMBER where possible, assist MEMBER with wires company issues, and represent MEMBER in energy related matters before State agencies, the courts or legislature. TCAP will provide additonal customer services to MEMBER that are defined in SECTION 5. SECTION 4 OBLIGATIONS AND RIGHTS OF MEMBER: MEMBER will honor the terms of its CESA and promptly pay or promptly dispute invoices from its REP. MEMBER will comply with the confidentiality and non-disclosure Page 9 of 256 obligations contained in its CESA and Section 7 of this AGREEMENT. MEMBER will designate one or more individuals to receive notices and updates from TCAP and will promptly update contact information. MEMBER will pay aggregation fees to support the non-profit functions of TCAP assessed annually by the TCAP Board of Directors and recovered as part of the energy charges paid to REP. Also, MEMBER will pay or receive refunds equal to the Quarterly Adjustment and the Annual Adjustment mutually agreed upon by TCAP and the Energy Manager to address certain variable costs and charges, including costs imposed by ERCOT, such payment or receipt of funds subject to the reserve account as further described herein. TCAP members will fund, and TCAP will maintain and administer, a reserve account to facilitate the reconciliation of any Quarterly Adjustments or Annual Adjustments by collecting any excess amounts paid and/or paying any deficient amounts incurred (as possible). The reserve account balance will be maintained at a minimum level to cover anticipated future needs for up to two (2) years. The TCAP Board may vote to refund to members amounts in excess of future anticipated needs. Any monies remaining in the reserve account at the dissolution of TCAP will be refunded to current membership at the time of dissolution. TCAP is owned and controlled by its members and is governed by a Board of Directors consisting of employees or elected officials of members. Consistent with TCAP’s Bylaws, each MEMBER has a right to nominate its representative to serve on the Board of Directors and has a right to vote in annual elections of Board members. MEMBER has a right to attend or monitor each Board meeting. TCAP has a financial audit performed each year and MEMBER has a right to a copy of the annual audit upon request. SECTION 5 TCAP SERVICES TO MEMBER: A. Procurement of Energy Supplies and REP Services 1. TCAP Procurement Services and Capabilities TCAP will assist prospective members in reviewing market conditions and in estimating the most price opportune time to contract for energy supplies. TCAP will work with MEMBER to achieve a competitive price that balances supply security and risk tolerance while maintaining superior billing and customer services. As a political subdivision corporation, offering electricity procurement to political subdivisions, TCAP has the ability to procure wholesale energy supplies and REP services separately to secure the most effective combination of competitively priced energy supplies and superior billing and customer services. TCAP may utilize either wholesale or retail sources of power, or some combination of both. TCAP may utilize multiple suppliers with different generation resources. TCAP will solicit bids from multiple sources for energy supplies. TCAP aggregates the load of all members to maximize clout in negotiating contract terms. TCAP’s objective in negotiations with suppliers is to continue obtaining favorable terms regarding band widths for annual usage based on total load of all members (rather than based on MEMBER’s individual load) and to minimize fees for adding or deleting accounts. TCAP will monitor the wholesale and retail markets for favorable hedging Page 10 of 256 opportunities. TCAP will also monitor, evaluate and issue requests for proposals for power development opportunities beneficial to its MEMBERS, including renewable projects (each, a “Power Project”). 2. MEMBER Procurement Options If MEMBER elects a fixed-price contract for a fixed period by submitting an Authorized Election Form, TCAP will function as MEMBER’S agent in the wholesale energy marketplace in soliciting, evaluating and negotiating each such fixed-price contract. Absent an election, MEMBER shall participate in other procurement strategy options offered by TCAP, such as TCAP’s SHP, and TCAP will function as MEMBER’s electric energy procurer. As such, TCAP will (i) oversee the Energy Manager, (ii) will direct the Energy Manager to solicit wholesale energy market quotes, (iii) will cause the Energy Manager to transact at the most favorable executable market quotes and (iv) will negotiate and develop the Energy Price in MEMBER’S CESA (the “CESA Energy Price”). The CESA Energy Price shall be developed and agreed upon by TCAP, the Energy Manager and the REP and shall include the wholesale energy market transactions as well as Energy Manager’s estimate of any non-fixed charges, including zonal congestion charges, ancillaries service charges, and other charges in connection with MEMBER’S load. If MEMBER elects to purchase power from a Power Project solicited and chosen by TCAP via a competitive RFP process (or other similar process), TCAP will function as MEMBER’S electric energy procurer, and will direct the Energy Manager to include the value of the power procured from such projects in the development of MEMBER’S CESA price. B. Customer and Billing Services Provided by TCAP 1. REP Portal TCAP consultants oversee the development and presentation of the REP’s portal for TCAP members; the REP will be responsible for operation of the portal. TCAP provides training and assistance regarding portal use. 2. REP Customer Service TCAP negotiates with the REP regarding service standards and annually reviews REP performance. TCAP maintains a right to replace a REP for unsatisfactory performance without affecting the price of wholesale power, so long as the replacement REP has a credit rating acceptable to the Energy Manager. TCAP continuously monitors customer billings and will alert both the REP and MEMBER, when appropriate, of any billing errors and the adjustments needed to ensure accurate and reliable billings to MEMBER. TCAP will advocate on behalf of MEMBER when needed to resolve billing or customer service issues. TCAP will review customer billings and make MEMBER aware of inactive accounts that MEMBER may be able to disconnect to save monthly charges. Page 11 of 256 3. TCAP Assistance with Budgets and Required Filings and Assistance with TDSP Issues TCAP monitors Public Utility Commission (“PUC”) and ERCOT activity and will provide MEMBER a forecast of changes in non-by passable charges that may impact MEMBER’s annual budget estimates. TCAP will prepare an annual electricity cost estimate for MEMBER. TCAP will assist MEMBER in preparation of energy related reports that may be necessary for MEMBER to file in response to legislative or agency mandates. TCAP will assist MEMBER in understanding non-bypassable charges included in REP invoices, and assist in resolving issues caused by errors of MEMBER’S Transmission and Distribution Service Provider (“TDSP” aka “wires company”). 4. Information Services TCAP maintains a member web site, www.tcaptx.com. In addition to regular blog postings on energy news relevant to MEMBER, TCAP has prepared and posted major reports on the history of deregulation in Texas and a history of ERCOT. TCAP consultants continuously monitor the Nymex gas market, ERCOT energy market, and economic conditions that may affect MEMBER, as well as activities at the PUC and ERCOT. Important trends are noted in consultant reports to the Board of Directors and are attached to Board Minutes. TCAP’s Executive Director prepares and distributes a monthly newsletter and coordinates TCAP activities with various city coalitions and Texas Municipal League (“TML”). The Executive Director monthly newsletters will also include important or trending issues in the energy markets. 5. Demand Response, Distributed Generation and Cost Savings Strategy TCAP will work with relevant service providers to make available to MEMBER competitive demand reduction programs that facilitate MEMBER’s participation in TDSP and ERCOT cost reduction strategies approved by the PUC. Upon request, TCAP will monitor and evaluate demand reduction program performance metrics. TCAP will assist MEMBER in reviewing, analyzing and developing distributed generation programs that can reduce wires and energy costs and/or provide backup power to specific facilities. TCAP will assist MEMBER in meeting renewable energy goals established by MEMBER, including behind-the-meter solar projects and local wind projects. 6. Regulatory and Legislative Representation TCAP will provide representation and advocacy services on energy issues relevant to MEMBER in regulatory and legislative areas including, but not limited to, ERCOT stakeholder meetings, PUC projects and dockets, and legislative actions. Page 12 of 256 7. Strategic Hedging To the extent that there is sufficient interest and commitment of load of TCAP members within an ERCOT zone, and to the extent MEMBER has not elected a fixed-price contract for a fixed period, MEMBER will perpetually (subject to potential charter or ordinance constraints on length of contracts) commit to two-year participation obligations. MEMBER may terminate participation in the SHP, without energy price penalties and with minimal other termination fees, by providing sufficient notice as set forth herein (Section 6). A SHP price will be determined at least 9 months prior to the effective date of the price by averaging the winning bids from periodic competitive auctions that occur throughout the 24 months preceding the effective date. TCAP will direct Energy Manager to conduct the periodic competitive auctions. TCAP will have the right to audit the auction results. The auction process will be designed to identify competitively priced energy supplies from a variety of creditworthy suppliers, resulting in prices that are rarely, if ever, significantly above prevailing market prices and that should generally be less than pricing for long-term fixed priced contracts (when evaluated from a common contract start date and term). Designed to take advantage of the characteristics of the nation’s well supplied energy markets, the SHP will also be flexible enough to respond to market changes when and if they occur in the future. Participation in the SHP may be viewed as a series of 24 -month forward year-to-year contracts for as long as desired by MEMBER. If MEMBER participates in the SHP, MEMBER agrees that TCAP is authorized to direct Energy Manager to procure electric energy in the wholesale market on MEMBER’s behalf and that TCAP is authorized to commit MEMBER’s load to periodic competitive auctions. SECTION 6 MEMBER RIGHT OF TERMINATION: A. Fixed-Term, Fixed-Price Contract MEMBER may terminate a CESA prior to the end-of-term specified in a contract subject to payment of “Liquidated Damages” prescribed in MEMBER’s CESA. If MEMBER commits to a fixed multi-year term, fixed-price contract and wants to terminate the agreement prior to the end of the fixed multi-year term, liquidated damages will be based on the differential in the price of electric energy futures contracts used to support the fixed- price agreement and the price of comparable electric energy contracts at time of termination and shall also include damages prescribed herein and in the CESA, as applicable. If electric energy prices are lower at the point of termination than they were at time of contracting, MEMBER should expect to pay energy price damages upon early termination. In any event, any termination payment will be calculated and assessed in accordance with MEMBER’s CESA. B. Strategic Hedging Program Since the SHP is based on a series of one-year term contracts, MEMBER is entitled to exit the program so long as notice of termination can be given prior to inclusion of MEMBER’s load in the competitive auction process for a future year’s price. TCAP will periodically notify MEMBER of expected procurement schedules and provide no less than 90 days Page 13 of 256 prior notice of any upcoming solicitiation, and MEMBER may notify TCAP that it wants to exclude its load from the competitive auction process by giving notice at least 60 days prior to the next procurement date. Termination of involvement in SHP without appropriate notice will require calculation of damages as prescribed by CESA under Edison Electric Institute (“EEI”) principles with the intent of making the REP and Energy Manager whole for the termination. Liquidated damages will be based on the differential in the price of electric energy futures contracts used to support the SHP price and the price of comparable electric energy contracts at time of termination and shall also include damages prescribed herein and in the CESA, as applicable. If electric energy prices are lower at the point of termination than they were at time of contracting, MEMBER should expect to pay energy price damages upon early termination. In any event, any termination payment will be calculated and assessed in accordance with MEMBER’s CESA. C. Participation in Power Projects If MEMBER has chosen to purchase power from a Power Project through TCAP, in accordance with a signed Project Addendum attached to MEMBER’S CESA, MEMBER’s termination rights with respect to its commitment to purchase power from the Power Project shall be contained in the Project Addendum. SECTION 7 CONFIDENTIALITY: MEMBER is a governmental body subject to public information laws, including Chapter 552 of the Texas Government Code. If MEMBER receives a valid request under applicable public information laws for information related to this AGREEMENT or its CESA, it shall provide TCAP notice of the request including a description the information sought prior to MEMBER’s release of information so that TCAP has the opportunity to determine whether such information is subject to an exception as trade secret, competitive, comercial, or financial information. With the exception of the preceding disclosures pursuant to public information laws, a Party (that party, the “Receiving Party”) shall keep confidential and not disclose to third parties any information related this AGREEMENT, except for disclosures to Authorized Parties or as otherwise required by law; and provided that MEMBER authorizes TCAP to provide Energy Manager and REP with any relevant information concerning MEMBER’s account, usage and billings. The provisions of this Section 7 apply regardless of fault and survive termination, cancellation, suspension, completion or expiration of this AGREEMENT for a period of two (2) years. “Authorized Parties” means those respective officers, directors, employees, agents, representatives and professional consultants of MEMBER and TCAP and each of their respective affiliates that have a need to know the confidential information for the purpose of evaluating, performing or administering this AGREEMENT. SECTION 8 PARAGRAPH HEADINGS: The paragraph headings contained in this AGREEMENT are for convenience only and shall is no way enlarge or limit the scope or meaning of the various and several paragraphs. Page 14 of 256 SECTION 9 COUNTERPARTS: This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 10 DEFINITIONS: “Annual Adjustment” shall mean either a credit to MEMBER for the over-collection of funds, or a charge to MEMBER for under-collection of funds, related to Power Project settlements, if applicable. For those MEMBERS that participate in SHP, the Annual Adjustment shall also include (i) adjustments related to the loss factor for each specific ERCOT zone and (ii) adjustments related to load reconciliation as determined by TCAP, the Energy Manager and the REP. “Energy Manager” means the wholesale market participant selected by TCAP to conduct SHP procurements at TCAP’s direction, in accordance with Section 5A and Section 7 of this Agreement. The Energy Manager may sell all or a portion of the required wholesale energy to TCAP or TCAP’s REP. “Power Project” means a power generation project identified by TCAP to supply electric energy to one or more TCAP Members. “Project Addendum” means the Addendum for a Power Project, if any, signed and attached as an Exhibit to MEMBER’S CESA. “QSE Services Fee” means the QSE Services Fee in affect during the Delivery Term, as agreed between TCAP and Energy Manager. “Quarterly Adjustment” shall mean either a credit to MEMBER for the over-collection of funds, or a charge to MEMBER for under-collection of funds, related to (i) ERCOT zonal congestion charges and (ii) ancillary services charges and other charges imposed by governmental agencies or ERCOT upon wholesale suppliers or REPs under statutes, regulations or courts for services within ERCOT zones. Said charges or refunds will be proportional to MEMBER’s relative contribution to TCAP load within specific ERCOT zones. “Retail Electric Provider” or “REP” means the Retail Electric Provider that is party to (i) the REP Services Agreement with TCAP and (ii) the CESA between itself and MEMBER for the provision of retail electric service. “Strategic Hedging Program” or “SHP” means an energy procurement strategy approved by TCAP’s Board of Directors, overseen by TCAP’s designated consultants, and administered by TCAP’s appointed Energy Manager, whereby wholesale energy is solicited and procured at agreed upon intervals, as directed by TCAP. Page 15 of 256 EXECUTED on this the day of    , 20 . MEMBER: By: Printed Name: Title: TCAP: By: Printed Name: Title: Page 16 of 256 EXHIBIT A MEMBER’S AUTHORIZED ELECTION FORM MEMBER hereby grants TCAP Authorization to solicit, evaluate, and select fixed-price, fixed-term power supply offers for the purpose of fixing all or a portion of MEMBER’S Energy Price for all or a portion of MEMBER’S CESA Term, in accordance with the terms below: Fixed Price Term Start Date: ______________________________________________ Fixed Price Term End Date: _______________________________________________ Fixed Price not to exceed $______ / MWh Upon TCAP’s selection of a winning fixed-price, fixed-term offer, MEMBER authorizes TCAP to set the Energy Price for MEMBER’S CESA in accordance with MEMBER’s CESA and as agreed upon by TCAP, TCAP’s Energy Manager, and the REP. Authorized on this the day of , 20 . MEMBER: By: Printed Name: Title: Page 17 of 256 Exhibit B ELGCTX___ COMMERCIAL ELECTRICITY SERVICE AGREEMENT This Commercial Electricity Service Agreement, including all of the Attachments, Schedules, and Exhibits, which are attached and incorporated (collectively, the “Agreement”), is entered into between Gexa Energy, LP (“Gexa”), a Texas limited partnership, and City of Anna, Texas (“Customer”). Gexa and Customer may be referred to individually as a “Party” or collectively as the “Parties”. SECTION 1: RETAIL ELECTRIC SALES AND SERVICES 1.1 Appointment and Scope. Customer appoints Gexa as its Retail Electric Provider (“REP”) for the ESI ID(s) served under this Agreement. Customer authorizes Gexa to: (i) act as Customer’s REP for all purposes; and (ii) provide the services required of a REP including, without limitation, the procurement, scheduling and delivery of electricity throughout the Term to each of the ESI ID(s) in accordance with the terms set forth in this Agreement, including the Terms and Conditions of Service set forth in Attachment A. Customer’s appointment imposes no other duties on Gexa other than those specified in this Agreement and the REP Services Agreement. 1.2 Agreement to Purchase. Customer shall purchase its electricity requirements from Gexa throughout the Term for each of the ESI ID(s) except as otherwise provided. The electricity and services Customer receives from Gexa is for Customer's exclusive proprietary use. Customer alone shall pay for electricity and services provided and for electricity and services Customer fails to take pursuant to its contractual obligations. If Gexa fails to deliver sufficient quantities of electricity to the TDSP for delivery to Customer or fails to schedule the delivery of sufficient quantities of electricity (collectively, a “Scheduling Failure”) the TDSP is obligated by law and by its tariff to deliver sufficient electricity to satisfy Customer’s needs. If a Scheduling Failure occurs, Gexa shall financially settle, at no additional cost or expense to Customer, with its Qualified Scheduling Entity (as defined by ERCOT) for the purchase of electricity necessary to cover the Scheduling Failure. 1.3 Membership in TCAP. Customer is a current member of the Texas Coalition for Affordable Power, Inc. (“TCAP”), and has entered into the Professional Services Agreement (the “PSA”) authorizing the purchase of wholesale energy on behalf of the Customer by TCAP and/or TCAP’s Energy Manager. Such wholesale energy purchases will affect the calculation of the Energy Price throughout the Term of this Agreement as described in Section 2. If, at any time during the Term, Customer elects to participate in a Power Purchase Agreement with a project to be developed for TCAP’s members, and executes the Project Addendum for such project, then the Project Addendum will be attached hereto as Schedule I. Notwithstanding Customer’s TCAP membership status, Customer agrees to fulfill all of its obligations under this Agreement, the PSA and, if applicable, the Project Addendum throughout the Term of this Agreement. 1.4 Term. (a) Effective Date and Termination Date. Gexa shall provide retail electric service under this Agreement to each ESI ID beginning on the Effective Date and Terminating on the Termination Date, as further defined in this Section 1.4(a) (such period, the "Term"). The Effective Date will occur either (i) on the date occurring on or after the Expected Start Date stated in Attachment B on which each such ESI ID is enrolled with Gexa’s service for any new customer, or (ii) if Customer is an existing customer then the Expected Start Date is the meter read date following the expiration of the Customer’s prior Agreement with Gexa. Gexa shall continue to provide retail electric service to each ESI ID unless or until the Customer gives notice to TCAP and Gexa of its intent to terminate its membership with TCAP (“Termination Notice”). The Termination Date will occur on each respective ESI ID meter read date during the last month of the calendar year for which electricity has been purchased on Customer’s behalf by either TCAP or the Energy Manager in accordance with the PSA prior to the Termination Notice, except that in no event will the Term exceed beyond December 31, 2037. For avoidance of doubt, the Termination Date for each respective ESI ID shall be the sooner to occur of (i) the meter read date occurring in the last month of the calendar year for which electricity has been purchased by either TCAP or the Energy Manager on behalf of the Customer prior to the Termination Notice or (ii) the meter read date occurring in December 2037. As a result of variations in the timing of the Effective Date described in this Section 1.3 the Term may include a partial calendar month in addition to the number of months set forth in Attachment B, if any. (b) Delayed Effective Date. Gexa shall use commercially reasonable efforts to cause the Effective Date for each ESI ID to occur on the Expected Start Date. If the Effective Date for an ESI ID occurs more than 20 days after the Expected Start Date, Customer may provide Gexa with evidence of the amount of electricity purchased by Customer from its current REP in connection with that ESI ID during the period on and after the 21st day after the Expected Start Date until the Effective Date (the "Delayed Effective Date Period"), and the total amount paid by Customer to its current REP for the electricity it purchased during the Delayed Effective Date Period (the “Delayed Effective Date Electricity Amount”). Upon receipt of evidence from Customer Gexa shall calculate and provide Customer a credit against future purchases under this Agreement equal to the positive amount resulting from the following calculation: (a) the Delayed Effective Date Electricity Amount minus (b) the amount that Customer would have paid to Gexa pursuant to this Agreement during the Delayed Effective Date Period for the same amount of electricity purchased by Customer from its Page 18 of 256 2 ELGCTXCITYDEL___ current REP during that period in connection with the affected ESI ID(s); provided, that Gexa shall not be required to provide a credit with respect to any period during a Delayed Effective Date Period where the delay was caused by an event outside of Gexa’s control. (c) Service After Term. If, for any reason, service continues beyond the Term, it will be on a month-to-month basis, and the Agreement will continue in effect for the ESI ID(s) except that the Energy Price will be the greater of: (i) the Energy Price as set forth in Section 2.1 below, or (ii) the aggregate weighted average of the Market Rate (as defined herein) as determined for all of the ESI ID(s), for as long as service continues. If Customer has not switched from Gexa to another supplier at the expiration of the Term, Gexa shall serve Customer at the rate set forth in this Section for a minimum of 60 days. After those 60 days, Gexa may continue to serve Customer or terminate the Agreement and disconnect Customer. 1.5 Modifications to ESI IDs. Gexa shall work with Customer in good faith during the Term to reasonably accommodate and assist Customer with the management of its electricity needs. If at any time during the Term, Customer wants to i) add or delete one or more ESI IDs, ii) otherwise modify the ESI ID information as a result of a decision by Customer to open, close or sell a facility owned or leased by Customer, iii) expand an existing facility, or iv) increase an existing facility’s metered load, then Customer shall provide written notice to Gexa of such change (“ESI ID Change Notice”) . If such change to the ESI ID is expected to occur prior to the first month of any calendar year for which the Energy Price has been established as of the date of the ESI ID Change Notice, in accordance with Section 2.1 (a) of this Agreement, such notice shall include Customer’s election of the “Special Load Threshold,” as defined below, which will apply to such change in load. If, in Gexa’s reasonable judgment, i) the addition is a separately metered load which does not exceed the applicable Special Load Threshold; or ii) does not result in a net increase in excess of the applicable Special Load Threshold for an existing facility, Gexa shall use commercially reasonable efforts to promptly implement such changes, including providing required notices to ERCOT. If the addition is a separately metered load which exceeds the applicable Special Load Threshold, or results in a net increase in excess of the applicable Special Load Threshold after consideration of any contemporaneous offsetting load decreases, Gexa shall provide service to that ESI ID and shall determine any incremental charge or credit to provide service to any changed ESI IDs. Gexa shall apply such charge or credit to the affected ESI IDs, after such charges have been reviewed by TCAP. “Special Load Threshold” shall mean additional peak demand that is reasonably expected during the first twelve months following commercial operations to exceed, at Customer’s election, either (i) 0.25 MW at any time or an annual average load of 0.125 MW or (ii) 1.0 MW at any time or an annual average load of 0.5 MW. Gexa shall make periodic reports regarding changes to the billing status of any ESI ID(s) available to Customer and TCAP. Amendments that add or remove ESI ID(s) as a result of changes made pursuant to this section are incorporated into this Agreement, and are effective on the Effective Date for each ESI ID(s) added to this Agreement or the date that retail electric service for any removed ESI ID(s) ceases or is transferred to another REP. SECTION 2: RETAIL ELECTRIC ENERGY SERVICE CHARGES 2.1 Energy Price. (a)If Customer has elected to fix all or a portion of the Energy Price for a fixed term by providing an Authorized Election Form to TCAP in accordance with the PSA, the Energy Price shall equal the fixed price as determined by TCAP in accordance with the PSA, and the Authorized Election Form. Any portion of the Energy Price that is not fixed shall be noted in the Authorized Election Form, and shall be settled with Customer in accordance with Section 2.2 of this Agreement. If Customer has not made such an election, the Energy Price shall be determined in accordance with the PSA, as follows: (i)TCAP shall periodically solicit, or direct its designated Energy Manager to solicit, wholesale energy market quotes, and may direct the Energy Manager to transact at the lowest of the market quotes obtained for the purpose of serving customer’s load, in accordance with the PSA (each such transacted quote, a “Wholesale Transaction”). (ii)Once TCAP has directed its Energy Manager to enter into Wholesale Transactions sufficient to serve Customer’s load for a given calendar year, Energy Manager and TCAP shall establish the Energy Price for that Calendar Year in accordance with those procedures outlined in the PSA, which Customer hereby acknowledges it has reviewed and accepted. TCAP shall set the Energy Price for a given Calendar Year no later than nine (9) months prior to the start of such Calendar Year. If Customer elects to participate in a project and executes the Project Addendum, the Energy Price shall include an estimate of the Project Settlement for each month of the Calendar Year in accordance with the Project Addendum. (b)For the purposes of Section 3 the Energy Price shall be converted to dollars per kWh. 2.2 Energy Price Adjustments. Page 19 of 256 3 ELGCTXCITYDEL___ (a)Energy Manager shall have the right to reconcile the revenues received from the Customer with Energy Manager’s Supplier Cost on (i) a quarterly basis, by determining the Quarterly Adjustment in the manner specified in the PSA and (ii) on an annual basis, by determining the Annual Adjustment in the manner specified in the PSA. The Quarterly Adjustment and Annual Adjustment may be either a charge or a credit, and shall be collected from or remitted to Customer, as appropriate, in the manner specified in the PSA. (b)TCAP and Energy Manager may mutually agree to fix certain component charges comprising Customer’s Energy Price for a given Calendar Year, if TCAP determines that fixing these charges is likely to benefit Customer. Charges that are fixed by TCAP and Energy Manager for a given Calendar Year shall not be included in the calculation of either the Quarterly Adjustment or the Annual Adjustment for such Calendar Year, in accordance with the PSA. 2.3 Additional Pass-Through Charges. Gexa shall pass through and identify separately on Customer’s bill with no mark-up Delivery Charges, Non-Recurring Charges, or Taxes that are not included in the Energy Price(s). All charges are exclusive of Taxes. Pass-Through charges may include charges related to amounts owed to Gexa and/or Wholesale Supplier in accordance with Section1.3. 2.4 Tax Exempt Status. Customer shall provide Gexa with all required exemption certificates if Customer is exempt from paying any Taxes. Gexa shall not recognize an exemption without the exemption certificates and shall not be required to refund or credit previously paid Taxes unless the taxing entity sends the refund to Gexa. Gexa shall, however, assign to Customer any applicable claims for refund. SECTION 3: BILLING AND PAYMENT 3.1 Billing and Payment. Gexa shall invoice Customer’s accounts on a monthly basis and shall bill Customer on a consolidated basis for all ESI IDs upon Customer’s request. Gexa shall provide a summary bill for all accounts and detailed information for each account. Customer shall remit payment within 30 days of receiving the invoice. Gexa shall base the invoice amount on actual data provided by ERCOT and the TDSP. If ERCOT or the TDSP does not provide actual data in a timely manner, Gexa shall use estimated data to calculate the invoice and, upon receipt of actual data, reconcile the charges and adjust them as needed in subsequent invoices. 3.2 Project Settlement Agent Services. Gexa shall remit the total Project Settlement to the Project on a monthly basis, in accordance with the REP Services Agreement. 3.3 Late Penalties, Interest on Overdue Payments, Invoice Disputes. If Customer fails to remit all undisputed amounts on or before the due date, interest will accrue on any due and unpaid amounts from the due date at a rate of one percent per month, or the highest rate permitted by law, whichever is less. If Customer disputes a portion of an invoice it shall provide Gexa a written explanation specifying the amount in dispute and the reason for the dispute within 20 days of the invoice date. If Customer does not provide timely notice, Customer shall owe all amounts by the due date. Notwithstanding the above, if Customer notifies Gexa of a disputed invoice, regardless of whether Customer has already paid the invoice, Gexa shall make records in its possession that are reasonably necessary for Customer to determine the accuracy of the invoice available to Customer during normal business hours; provided, however that neither party may request an adjustment or correction of an invoice unless written notice of such dispute is given within twelve months after the due date of such invoice; provided further, that such twelve month limit does not apply in the case of TDSP meter tampering charges first billed to Gexa that prevent Gexa from reasonably adjusting invoices prior to the twelve month period. In all cases, Gexa and Customer shall use good faith efforts to resolve disputes. In the event the Parties are unable to resolve a dispute within ten days of the notice date, either Party may begin legal proceedings to seek resolution. Any amounts determined owed shall be paid within three days after a decision. 3.4 Aggregator Fees. Pursuant to the REP Services Agreement between Gexa and TCAP, Gexa is obligated to pay TCAP an amount determined by multiplying a TCAP Aggregation Fee by the volume consumed in association with the ESI IDs (the "Aggregator Fee"). Customer shall pay the Aggregator Fee. The initial TCAP Aggregation Fee is $0.001 per kWh, however, it may be changed by the TCAP Board of Directors at any time. Gexa shall state the Aggregator Fee as a separate line item on the Customer’s bill. 3.5 Billing Guarantee. Gexa shall issue an invoice based on actual or estimated usage to Customer for every ESI ID at least one time per month. If, for reasons other than Force Majeure, Gexa fails to invoice an ESI ID within 120 days of any scheduled meter read, Gexa irrevocably waives its right to invoice Customer for any energy consumed at that ESI ID for the meter read cycle that should have been invoiced, unless not less than 10 days prior to the expiration of such 120 day period, Gexa provides Customer with a written explanation of the circumstances that prevent Gexa from issuing that invoice and the expected time by which an invoice can be issued. In such event, Customer and Gexa shall determine a reasonable extension period, not to exceed 30 days, within which an invoice will be issued. Gexa shall adjust or true-up each invoice no more than twice and Gexa shall issue such adjustments within 210 days of the initial issue date. Notwithstanding the foregoing, Gexa may issue an invoice or partial invoice arising from meter tampering charges without limitation and within a reasonable time after first billed to Gexa by the TDSP. Page 20 of 256 4 ELGCTXCITYDEL___ SECTION 4: CUSTOMER INFORMATION, CREDIT AND DEPOSITS 4.1 Customer Information. By entering into this Agreement and appointing Gexa as Customer’s agent for electricity service, Customer authorizes Gexa to obtain certain information that Gexa may need to provide Customer’s electric service, including Customer’s address, telephone number, account numbers, historical usage information, and historical payment information from Customer’s TDSP, and Customer further authorizes its TDSP to release that information to Gexa. 4.2 Deposits and Other Security. A Party (the “Requesting Party”) may require the other Party (the “Providing Party”) to provide a deposit (or additional deposit if an initial deposit was also required), letter of credit, or other form of credit assurance reasonably acceptable to the Requesting Party (collectively, “Performance Assurance”) during the Term of this Agreement if: (i) the Requesting Party determines in its reasonable discretion that there has been a material adverse change in the Providing Party’s or its guarantor’s (if applicable) credit status or financial condition (which, if applicable, will mean that its credit or bond rating has dropped lower than BBB- by Standard & Poor’s Rating Group or Baa3 by Moody’s Investor Services or ceases to be rated by either of these agencies); or (ii) Customer has been delinquent in paying the electric bill by more than seven days more than twice during the past twelve months. Any Performance Assurance, less any outstanding balance owed by Providing Party to the Requesting Party, will be returned to the Providing Party once the Providing Party’s or its guarantor’s (if applicable) credit or financial condition becomes satisfactory or, if applicable, to a credit or bond rating of BBB- or Baa3 or higher, whichever occurs earlier; or, if the Performance Assurance relates to delinquent payments, the Providing Party has paid all outstanding balances and has made all payments within the dates set forth in this Agreement for a period of six consecutive months. SECTION 5: EARLY TERMINATION; DAMAGES 5.1 Cancellation by Customer for Insufficient Appropriations. If, during Customer’s annual appropriations determination, the applicable governmental authorities do not allocate sufficient funds to allow Customer to continue to perform its obligations under this Agreement (an “Appropriations Failure”), then Customer or Gexa shall have the right to terminate this Agreement in full or as to any affected ESI ID upon 30 days advance written notice effective at the end of the period for which appropriations are made; provided, that if appropriations are subsequently allocated for electricity for the ESI IDs covered by this Agreement, then the termination may be revoked at Gexa’s option and those appropriations shall continue to apply to this Agreement and shall not be used for an electricity supply agreement with another REP. Upon a termination of this Agreement for Appropriations Failure, in full or as to any ESI ID(s), Customer shall pay all amounts due Gexa under this Agreement, including the Customer Early Termination Damages. 5.2 Customer Early Termination Damages. Except in connection with the closure of a facility associated with an ESI ID pursuant to Section 1.4, in connection with a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Customer cancels this Agreement before the end of the Term and refuses to accept electric supply delivery from Gexa for any ESI ID(s), Gexa may charge Customer early termination damages equal to the sum of (a) the Retail Termination Payment, (b) the QSE Services Termination Payment, (c) the Quarterly and Annual Adjustment Payment, and (d) the Wholesale Transaction Termination Payment, as each of these terms are defined below (the sum total of these, the “Customer Early Termination Damages”). The “Retail Termination Payment” shall equal the product of (a) the Expected Usage for each ESI ID subject to Customer’s cancelation or refusal of electric supply delivery (“Customer Terminated Usage”) multiplied by (b) the sum of (i) the Aggregator Fee and (ii) the REP Services Fee specified in the REP Services Agreement. The “QSE Services Termination Payment” shall equal the product of (a) the Customer Terminated Usage grossed up for losses multiplied by (b) the QSE Services Fee, as defined in the PSA. The “Quarterly and Annual Adjustment Payment” shall be calculated by the Energy Manager in accordance with the PSA, and shall include any Quarterly and Annual Adjustment amounts for electricity provided to the Customer under this Agreement prior to the termination of this Agreement, which have not yet been charged or credited to Customer, as appropriate. For avoidance of doubt, the Quarterly and Annual Adjustment Payment may be either a charge or a credit to Customer, as calculated in accordance with the PSA. If the Customer Early Termination Damages are charged due to an Event of Default by Customer, then the Customer Early Termination Damages will also include Gexa’s reasonable costs relating to the determination and collection of Customer Early Termination Damages, including attorney and consultant fees incurred. The provisions in Section 3 related to Billing and Payment apply to the billing, due date, and collection of Customer Early Termination Damages. Customer agrees that Customer Early Termination Damages are a reasonable estimate of the damages due Gexa for failure to accept electric supply, and are not punitive in nature. 5.3 Termination for Wholesale Supply Failure. If, during the Term, the Wholesale Transactions are terminated as a result of a default by the Energy Manager (“Wholesale Supply Failure”), then this Agreement will also terminate effective on the date the Wholesale Agreement terminates. In the event of a termination for Wholesale Supply Failure, Gexa shall pay Customer a Wholesale Termination Payment if required by Section 5.5. 5.4 Gexa Early Termination Damages. Except for a Wholesale Supply Failure, a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Gexa cancels this Agreement and refuses to provide electric supply delivery to Customer for any or all ESI ID(s), Customer shall have the right to charge Gexa an early termination penalty equal to the amount determined as follows: the product of (i) the Expected Usage for each ESI ID subject to Gexa’s cancellation or refusal of electric supply delivery (“Gexa Terminated Usage”) multiplied by (ii) the REP Services Fee Page 21 of 256 5 ELGCTXCITYDEL___ specified in the REP Services Agreement (that result the “Gexa Early Termination Damages”). If the Gexa Early Termination Damages are charged due to an Event of Default by Gexa, then the Gexa Early Termination Damages will also include Customer’s reasonable costs relating to the determination and collection of Gexa Early Termination Damages, including attorney and consultant fees incurred. Gexa agrees the Gexa Early Termination Damages are a reasonable estimate of the damages due Customer for failure to deliver electric supply, and are not punitive in nature. 5.5 Wholesale Transaction Termination Payment. If the Wholesale Transactions are terminated then Gexa shall calculate the portion of the termination payment paid under each Wholesale Transaction attributable to Customer’s load. The termination payment under each Wholesale Transaction shall be calculated by subtracting the Wholesale Supplier’s actual cost for the portion of the Wholesale Transaction still outstanding for the remainder of the Term from the current market value of comparable electric energy futures contracts. Energy Manager, in its sole discretion, shall determine the current market value of a comparable electricity futures contract within three (3) business days of the termination of a Wholesale Transaction, and shall be either (i) the value of the Wholesale Transaction actually sold to a third-party market participant or (ii) a third-party market quote for a comparable electricity energy future contracts. Energy Manager shall sum Customer’s prorata share of each termination payment for each Wholesale Transaction attributable to Customer’s Load to determine a total Wholesale Transaction Termination Payment under this Agreement (the “Wholesale Transaction Termination Payment”). Customer or Gexa shall pay the Wholesale Transaction Termination Payment to the other, as appropriate, in the manner described below and without regard to who is a defaulting party. If the Wholesale Transaction Termination Payment is negative, Customer shall pay Gexa the Wholesale Transaction Termination Payment. If the Wholesale Transaction Termination Payment is positive, Gexa shall pay Customer the Wholesale Transaction Termination Payment. To the extent a termination payment due from Gexa to the Energy Manager is adjusted in Gexa’s account to reflect the full benefit of TCAP transacting with a replacement REP, Gexa shall make corresponding adjustments to the Wholesale Transaction Termination Payment on a pro-rata basis. Gexa shall remit a Wholesale Transaction Termination Payment due Customer, within 30 days of Gexa receiving the payment from the Energy Manager. Customer shall remit a Wholesale Transaction Termination Payment due Gexa within 30 days of Gexa’s invoice. Gexa shall use commercially reasonable efforts to collect Termination Payments from the Energy Manager that include amounts due Customer. SECTION 6: NOTICES AND PAYMENT 6.1 General Notice. Except as otherwise required by Applicable Law, all notices are deemed duly delivered if hand delivered or sent by United States, prepaid first class mail, facsimile, or by overnight delivery service. Notice by facsimile or hand delivery is effective on the day actually received, notice by overnight United States mail or courier is effective on the next business day after it is sent, and notice by U.S. Mail is effective on the second day after it is sent. The Parties shall send notices to the addresses below or any other address one Party provides to the other in writing: a.If to Customer: City of Anna ATTN: City Manager 101 N. Powell Parkway Anna, Texas 75409 b. If to Gexa: Gexa Energy, LP 20455 State Highway 249, Suite 200 Houston, Texas 77070 6.2 Payments. The Parties shall send payments to the addresses below or any other address one Party provides to the other in writing: a.If to Customer: City of Anna ATTN: Finance Director 101 N. Powell Parkway Anna, Texas 75409 b. If to Gexa: Gexa Energy, LP 20455 State Highway 249, Suite 200 Houston, Texas 77070 Comment [DO1]: Subject to client approval Page 22 of 256 6 ELGCTXCITYDEL___ SECTION 7: DEFINITIONS 7.1 Definitions. In addition to terms defined elsewhere in this Agreement, when used with initial capitalization, whether singular or plural, capitalized terms have the meanings set forth in this Section 7.1. All other capitalized terms not otherwise defined shall have the meanings given them in the following documents, with any conflicting definitions contained in those documents applied in the following order: PURA, the PUCT Substantive Rules, and the ERCOT Protocols. 1.“Actual Usage” means the actual amount of electric energy (in kWh) used at the ESI ID(s) as determined by the TDSP. 2.“Delivery Charges” means those charges or credits from the TDSP pursuant to its tariff, including, but not limited to: Transmission and Distribution Charges, System Benefit Fund Charge, Nuclear Decommissioning Charge, Competitive Transition Charge, Standard Customer Metering Charge, Customer Charge, Merger Savings and Rate Reduction Credit, Excess Mitigation Credit and Utility Imposed Reactive Power Charges. 3.“EEI Master Agreement” mean an EEI Master Agreement between Gexa and the Energy Manager governing the Wholesale Transactions entered into by the Energy Manager in accordance with Section 2.1 and transferred by the Energy Manager to Gexa. 4.“Effective Date” means the date of the first meter reading of an ESI ID provided to Gexa by the TDSP after the TDSP and ERCOT shall have timely performed any required enrollment and cancellation procedures necessary to switch Customer’s REP to such ESI ID to Gexa. 5.“Electricity Related Charges” means, unless noted otherwise: Ancillary Services Charge, Congestion, ERCOT Administrative Fee, Delivery Loss Charge, Transmission Loss Charge, Renewable Energy Credit Charge, Residential Energy Credit Charge, Unaccounted For Energy Charge, Qualified Scheduling Entity Charge, Imbalance Settlement Charge. 6.Energy Manager” means the wholesale market participant designated by TCAP to perform the services described in the PSA. 7.“Energy Price(s)” means the rates per unit of measure specified in Section 2.1 and includes all Electricity Related Charges. 8.“ERCOT” means the Electric Reliability Council of Texas. 9.“ERCOT Protocols” means the document adopted, published, and amended from time to time by ERCOT, and initially approved by the PUCT, to govern electric transactions in the ERCOT Region, including any attachments or exhibits referenced in the document, that contains the scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, procedures, standards, and criteria of ERCOT, or any successor document thereto. 10.“ESI ID(s)” means the Electric Service Identifiers for the property service addresses identified on Attachment B to this Agreement or if Customer is an existing Gexa customer then the list of service addresses currently served by Gexa, as such list may be modified from time to time as provided in Section 1.4. 11.“Expected Usage” means either the amount stated in Attachment B calculated for the remaining Term, or if no amounts are stated or Customer is an existing Gexa customer then the average actual monthly Customer energy usage from the comparable month from the previous year (or if an average cannot be computed due to limited service by Gexa or other circumstances, an average monthly usage as is reasonably determined by Gexa) times the number of months remaining in the Term as outlined in Section 1.4. 12.“kWh” means kilowatt hour. 13. “LMP” or “Locational Marginal Price” means the price calculated for the applicable trading hub pursuant to the ERCOT Protocols. 14.“Market Rate” means 135% of the load-weighted average of the hourly LMPs at the corresponding load zone, as determined for any delivery period. 15.“Nodal Market” means the implementation of wholesale market design by ERCOT with locational marginal pricing for resources. 16.“Nodal Congestion” means the positive difference in price between the real-time settlement point price as determined by ERCOT for the trading hub and the real-time settlement point price as determined by ERCOT for the load zone associated with the customer Facilities. Page 23 of 256 7 ELGCTXCITYDEL___ 17. “Non-Recurring Charges” means any charges imposed by the TDSP or other third parties on a non-recurring basis for services, repairs or additional equipment needed for Customer’s electric service. 18.“PUCT” means Public Utility Commission of Texas. 19.“Project Settlement Payment” means the Project Settlement Payment as defined in the Project Addendum, attached as Schedule I to this Agreement. 20.“QSE Services Fee” means the fee owed from Customer to Gexa, and remitted from Gexa to Energy Manager, for QSE Services performed by Energy Manager for the Term, as mutually agreed between TCAP and Energy Manager, the Customer having authorized TCAP to negotiate such fee on behalf of Customer in the PSA. The QSE Services Fee shall be included in the Energy Price for the Term. 21.“REP Services Agreement” means the REP Services Agreement currently in effect during the Term, as amended from time to time, between Gexa and TCAP. 22.“REP Services Fee” means the fee owed from Customer to Gexa, for REP services rendered during the Term, as mutually agreed between TCAP and Gexa, the Customer having authorized TCAP to negotiate such fee on behalf of Customer in the PSA. The REP Services Fee shall be included in the Energy Price for the Term. 23. “Taxes” means all taxes, assessments, levies, duties, charges, fees and withholdings of any kind levied by a duly-constituted taxing authority and all penalties, fines, and additions to tax, and interest thereon that are directly related to the services provided under this Agreement, but does not include the System Benefit Fund fee and fees and charges imposed by ERCOT. By way of example only, Taxes includes: Sales Tax, Miscellaneous Gross Receipts Tax, PUCT Assessment Fees and Franchise Fees. 24.“TCAP” means Texas Coalition for Affordable Power, an aggregation pool of governmental and other entities organized and administered by TCAP of which Customer is a member for the ESI IDs. 25.“TDSP” or “Transmission and Distribution Service Provider” means an entity regulated by the State of Texas, which transmits or distributes electric energy. “ Attachments: Attachment A Terms and Conditions of Service Attachment B (for new TCAP Customers only)Offer Sheet (ESI ID list and Expected Start Date) CUSTOMER: CITY OF ANNA, TEXAS GEXA: Gexa Energy, LP, By its General Partner Gexa Energy GP, LLC By:By: Printed: Jim Proce Printed: Title: City Manager Title: Date:Date: Page 24 of 256 A-1 ELGCTXCITYDELO___ Terms and Conditions of Service Attachment A These Terms and Conditions of Service form an integral part of the Commercial Electricity Service Agreement between Customer and Gexa. In addition to the terms defined elsewhere in this Agreement, when used with initial capitalization, whether singular or plural, capitalized terms have the meanings set forth in Section 7.1 of this Agreement. Customer should thoroughly review the entire Agreement, including these Terms and Conditions of Service, before executing this Agreement. A.REPRESENTATIONS AND WARRANTIES A.1 Customer’s Representations and Warranties. As a material inducement to entering into this Agreement, Customer represents and warrants to Gexa as follows: (a) it is a duly organized entity and is in good standing under the laws of Texas; (b) the execution and delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate the terms or conditions of contracts it is party to or laws applicable to it; (c) performance of this Agreement will be duly authorized by all necessary action and will not violate the terms or conditions of contracts it is party to; (d) as of the date sales of electricity by Gexa to Customer under the Agreement start, Customer will have all regulatory authorizations necessary for it to legally perform its operations and such performance will not violate the terms or conditions of contracts it is party to or laws applicable to it; (e) this Agreement is a legal, valid, and binding obligation of Customer enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally, and with regard to equitable remedies, subject to the discretion of the court before which proceedings to obtain the same may be pending; (f) there are no bankruptcy, insolvency, reorganization, receivership, or other similar proceedings pending or being contemplated by it, or to its knowledge threatened against it; (g) there are no suits, proceedings, judgments, rulings, or orders by or before any court or any government authority that could materially adversely affect its ability to perform the Agreement; and (h) as of the Effective Date and throughout the Term, there is no other contract for the purchase of electricity by Customer for the ESI ID(s), or, if such a contract presently exists, that it will terminate prior to delivery under this Agreement. A.2 Gexa’s Representations and Warranties. As a material inducement to entering into this Agreement, Gexa represents and warrants to Customer as follows: (a) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary to perform the Agreement; (b) the execution and delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate the terms or conditions of its governing documents or contracts it is party to or any laws applicable to it; (c) performance of the Agreement will be duly authorized by all necessary action and will not violate the terms or conditions of its governing documents or contracts it is party to; (d) as of the date sales of electricity by Gexa to Customer under the Agreement start, Gexa will have all regulatory authorizations necessary for it to legally perform its operations and such performance will not violate the terms or conditions of its governing documents, contracts it is party to, or laws applicable to it; and (e) the Agreement constitutes a legal, valid, and binding obligation of Gexa enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally, and with regard to equitable remedies, subject to the discretion of the court before which proceedings to obtain the same may be pending. A.3 Forward Contract. (i) This Agreement constitutes a forward contract within the meaning of the United States Bankruptcy Code ("Code"); (ii) Gexa is a forward contract merchant; and (iii) either Party is entitled to the rights under, and protections afforded by, the Code. B.DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITIES B.1 LIMITATIONS OF LIABILITY. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR AS OTHERWISE PROVIDED, ARE LIMITED TO DIRECT ACTUAL DAMAGES. GEXA IS NOT LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR LOSS OF REVENUES OR PROFIT. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. EXCEPT FOR (a) THE GEXA EARLY TERMINATION DAMAGES DUE IF GEXA DEFAULTS, (b) THE CUSTOMER EARLY TERMINATION DAMAGES DUE IF CUSTOMER DEFAULTS, AND (c) THE WHOLESALE TRANSACTION TERMINATION PAYMENT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL DOLLARS PAID BY CUSTOMER TO GEXA (IF CUSTOMER) OR RECEIVED BY GEXA (IF GEXA) PURSUANT TO THIS AGREEMENT. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. B.2 Duty to Mitigate. Each Party shall mitigate damages and use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance. B.3 WAIVER OF CUSTOMER PROTECTION RULES AND CONSUMER RIGHTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE CUSTOMER PROTECTION RULES ADOPTED BY THE PUBLIC UTILITY COMMISSION (AS CONTAINED IN ITS SUBSTANTIVE RULES 25.471 ET SEQ.) ("CUSTOMER PROTECTION RULES") THAT PERTAIN TO RETAIL ELECTRIC SERVICE RELATED TO RESCISSION RIGHTS, CUSTOMER DISCLOSURES, DELIVERY OF CUSTOMER CONTRACTS TO CUSTOMERS, RECORDKEEPING, INTEREST PAID ON DEPOSITS AND CUSTOMER NOTICES DO NOT APPLY TO THIS AGREEMENT. EXCEPT AS SET FORTH IN THIS SECTION, CUSTOMER EXPRESSLY WAIVES THE CUSTOMER PROTECTION RULES THAT PERTAIN TO RETAIL ELECTRIC SERVICE RELATED TO RESCISSION RIGHTS, CUSTOMER DISCLOSURES, DELIVERY OF CUSTOMER CONTRACTS TO CUSTOMERS, RECORDKEEPING, INTEREST PAID ON DEPOSITS AND CUSTOMER NOTICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. CUSTOMER FURTHER WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES--CONSUMER PROTECTION ACT, SECTION 17.41, ET. SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS Page 25 of 256 A-2 ELGCTXCITYDELO___ SPECIAL RIGHTS AND PROTECTIONS. CUSTOMER REPRESENTS AND WARRANTS TO GEXA THAT: (a) CUSTOMER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN RELATION TO GEXA; (b) CUSTOMER IS REPRESENTED BY LEGAL COUNSEL THAT WAS NEITHER DIRECTLY NOR INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY GEXA; AND (c) CUSTOMER VOLUNTARILY CONSENTS TO THIS WAIVER AFTER CONSULTATION WITH ITS LEGAL COUNSEL. B.4 UCC/Disclaimer of Warranties. The electricity delivered is a “good” as that term is understood in the Texas B&CC (UCC §2.105). The Parties waive the UCC to the fullest extent allowed by law and the UCC requirements do not apply to this Agreement, unless otherwise provided. If there is a conflict between the UCC and this Agreement, this Agreement controls. Neither Party controls nor physically takes possession of the electric energy prior to delivery to Customer’s ESI ID(s). Therefore, neither Party is responsible to the other for any damages associated with failure to deliver the electric energy, nor for damages it may cause prior to delivery to Customer’s ESI ID(s). Once the electric energy is delivered to Customer’s ESI ID(s) it is deemed in possession and control of Customer. ELECTRICITY SOLD UNDER THIS AGREEMENT WILL MEET THE QUALITY STANDARDS OF THE APPLICABLE LOCAL DISTRIBUTION UTILITY AND WILL BE SUPPLIED FROM A VARIETY OF SOURCES. GEXA MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND GEXA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEXA EXPRESSLY NEGATES ALL OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF WARRANTY WITH RESPECT TO CONFORMITY, TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. B.5 Force Majeure. Gexa shall make commercially reasonable efforts to provide electric service, but does not guarantee a continuous supply of electricity. Gexa does not generate electricity nor does it transmit or distribute electricity. Causes and events out of the control of Gexa and Customer ("Force Majeure Event(s)") may result in interruptions in service or the ability to accept electricity. If either Party is unable to perform its obligations, in whole or in part, due to a Force Majeure Event, then the obligations of the affected Party (other than the obligation to pay any amounts owed to Gexa that relate to periods prior to the Force Majeure Event) are suspended to the extent made necessary by such Force Majeure Event. Therefore, neither Party is liable to the other Party for damages caused by Force Majeure Events, including acts of God, acts of, or the failure to act by, any governmental authority (including the PUCT or ERCOT and specifically including failure by ERCOT to make Customer meter read data available), accidents, strikes, labor troubles, required maintenance work, events of “force majeure” or “uncontrollable force” or a similar term as defined under the applicable transmission provider’s tariff, inability to access the local distribution utility system, non-performance by the supplier or the local distribution utility, changes in laws, rules, or regulations of any governmental authority (including the PUCT or ERCOT) that would prevent the physical delivery of energy to Customer’s facilities, or any cause beyond such Party’s control. The Parties agree that Appropriations Failures and Scheduling Failures are not Force Majeure Events. C.CONFIDENTIALITY AGREEMENT C.1 Confidentiality. Customer is a governmental body subject to public information laws, including Chapter 552 of the Texas Government Code. If Customer recieves a valid request under applicable public information laws for information related to this Agreement, it shall provide Gexa notice of the request including a description the information sought prior to Customer’s release of information so that Gexa has the opportunity to determine whether such information is subject to an exception as trade secret, competitive, comercial, or financial information. With the exception of the preceding disclosures pursuant to public infromation laws, a Party (that party, the “Receiving Party”) shall keep confidential and not disclose any to third parties Confidential Information which is disclosed to the Receiving Party by the other Party (that party, the “Disclosing Party”) except for disclosures to Authorized Parties or as required by law. “Confidential Information” means information in written or other tangible form which is marked as “Confidential” when it is disclosed to the Receiving Party, except that Confidential Information shall not include information which (i) is available to the public, (ii) becomes available to the public other than as a result of a breach by the Receiving Party of its obligations hereunder, (iii) was known to the Receiving Party prior to its disclosure by the Disclosing Party, or (iv) becomes known to the Receiving Party thereafter other than by disclosure by the Disclosing Party. The provisions of this Section apply regardless of fault and survive termination, cancellation, suspension, completion or expiration of this Agreement for a period of two (2) years. Customer authorizes Gexa to provide TCAP with all information requested by TCAP about Customer’s account and billings. “Authorized Parties” means those officers, directors, employees, agents, representatives and professional consultants of the Parties, and of the Parties’ affiliates, that have a need to know the Confidential Information for the purpose of evaluating and performing this Agreement. D.DEFAULT AND REMEDIES D.1 Events of Default. An event of default (“Event of Default”) means: (a) the failure of Customer to make, when due, any payment required under this Agreement for any undisputed amount if that payment is not made within fifteen (15) business days after receipt of written notice (facsimile or electronic mail are valid forms of notice for this paragraph) from Gexa; or (b) any representation or warranty made by a Party proves to be false or misleading in any material respect; (c) except as provided in clause (a) above or otherwise in this section D.1, the failure of any Party to perform its obligations under this Agreement and that failure is not excused by Force Majeure and remains uncured following 20 business days written notice of the failure; (d) the defaulting Party (i) makes an assignment or any general arrangement for the benefit of creditors; or (ii) files a petition or otherwise commences, authorizes or acquiesces to a bankruptcy proceeding or similar proceeding for the protection of creditors, or has such a petition filed against it and that petition is not withdrawn or dismissed within 20 business days after filing; or (iii) otherwise becomes insolvent; or (iv) is unable to pay its debts when due; or (v) fails to establish, maintain or extend Credit in form and in an amount acceptable to Gexa when required; or (e) the Wholesale Transaction is terminated due to a default by Gexa under CESAs with other TCAP members or due to a default by the Energy Manager under the Page 26 of 256 A-3 ELGCTXCITYDELO___ Wholesale Transaction. If an Event of Default listed in subsection (d) of this Section occurs, it is deemed to have automatically occurred prior to such event. D.2 Remedies upon an Event of Default. If an Event of Default occurs and is continuing, upon written notice to the defaulting Party, the non-defaulting Party may (a) commence an action to require the defaulting Party to remedy such default and specifically perform its duties and obligations in accordance with the Agreement; (b) exercise any other rights and remedies it has at equity or at law, subject to the Agreement’s Limitations of Liabilities; and/or (c) suspend performance; provided, however, that suspension shall not continue for longer than ten (10) Business Days unless the non-defaulting Party has declared an early termination with proper notice. If Customer is responsible for an Event of Default and fails to cure within ten (10) days of written notice (such additional cure period does not apply to default for non-payment), in addition to its other remedies, Gexa may (i) terminate this Agreement; and (ii) charge Customer the Customer Early Termination Penalty pursuant to Section 5 of this Agreement. Notwithstanding the above, Gexa shall not disconnect or order disconnection of service to Customer unless the following events have all occurred: (1) Customer has an Event of Default for nonpayment under Section D.1(a) above, (2) Gexa gives Customer a ten (10) day written disconnection notice; and (3) Customer does not pay all undisputed outstanding payments owed by the end of the ten (10) day notice period. . E.MISCELLANEOUS PROVISIONS E.1 Disclaimer. This Agreement does not constitute, create, or otherwise recognize the existence of a joint venture, association, partnership, or other formal business entity of any kind among the Parties and the rights and obligations of the Parties are limited to those set forth in this Agreement. E.2 Headings. The descriptive headings of the Articles and Sections of this Agreement are inserted for convenience only and are not intended to affect the meaning, interpretation or construction of this Agreement. E.3 Waiver. Except as otherwise provided, failure of a Party to comply with an obligation, covenant, agreement, or condition may be waived by the other Party only in a writing signed by the Party granting the waiver, but that waiver does not constitute a waiver of, or estoppel with respect to a subsequent failure of the first Party to comply with that obligation, covenant, agreement, or condition. E.4 Assignment. Except as provided in the REP Services Agreement, Customer shall not assign this Agreement, in whole or in part, or any of its rights or obligations purusant to the Agreement without Gexa’s prior written consent, which shall not be unreasonably withheld. Gexa may withold consent if a proposed assignee fails to be at least as creditworthy as Customer as of the Effective Date. Gexa may: (a) transfer, sell, pledge, encumber or assign the revenues or proceeds of this Agreement in connection with any financing or other financial arrangement; (b) transfer or assign this Agreement to a Gexa affiliate with operating capability and financial condition substantially similar to Gexa; (c) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Gexa with an operating capability and financial condition substantially similar to Gexa as of the execution date of this Agreement; and/or (d) transfer or assign this Agreement to a certified REP with an operating capability and financial condition substantially similar to Gexa as of the execution date of this Agreement. In the case of (b), (c), or (d), any such assignee shall agree in writing to be bound by these Terms and Conditions of Service, and upon assignment, Gexa shall have no further obligations under this Agreement. Gexa shall not assign the Agreement to a non-affiliated entity (including its guarantor) that has a credit rating lower than BBB- without the prior written consent of TCAP, which shall not be unreasonably withheld. E.5 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies on any person or party other than the Parties, their successors and permitted assigns; except that the Parties recognize that TCAP is entitled to receive the Aggegator Fee . E.6 Severability. If a provision of this Agreement is held to be unenforceable or invalid by a court or regulatory authority of competent jurisdiction, the validity and enforceability of the remaining provisions are unaffected by that holding, and the Parties shall, to the extent possible, negotiate an equitable adjustment to the provisions of this Agreement in order to preserve the original intent and purpose of this Agreement. E.7 Entire Agreement; Amendments. This Agreement constitutes the entire understanding between the Parties, and supersedes any and all previous understandings, oral or written, with respect to the subjects it covers. This Agreement may be amended only upon the mutually signed, written agreement of the Parties. E.8 Further Assurances. The Parties shall promptly execute and deliver, at the expense of the Party requesting such action, any and all other and further instruments and documents which are reasonably requested in order to effectuate the transactions contemplated in this Agreement. E.9 Emergency, Outage and Wire Service. In the event of an emergency, outage or service need, Customer shall call the TDSP for the service area of the ESI ID experiencing the emergency, outage or service need. E.10 Customer Care. Customer may contact Gexa Customer Care if Customer has specific comments, questions, disputes, or complaints toll free at 1-866-961-9399, Monday to Friday 7:00 a.m. – 8:00 p.m. CST and Saturday from 8:00 a.m. – 2:00 p.m.. Gexa shall assist and cooperate with Customer regarding communications with a TDSP relating to service to any ESI ID served by Gexa under this Agreement. E.11 Governing Law. a.This Agreement is governed by and construed and enforced in accordance with the laws of the State of Texas applicable to contracts made and performed in the State of Texas, without regard to the State of Texas conflict of laws provisions. b.All disputes between the Parties under this Agreement which are not otherwise settled will be decided by a court of competent jurisdiction in Harris County, Texas, and the Parties submit to the jurisdiction of the courts of the State of Texas and the Federal District Courts in Houston, Harris County, Texas. All disputes are governed under the laws of the State of Texas. c.Subject to the provisions of E.11.a. above, this Agreement is subject to, and in the performance of their respective obligations under this Agreement the Parties shall comply with, all applicable federal, state and local laws, regulations and requirements (including the rules, regulations and requirements of quasigovernmental and regulatory authorities with jurisdiction over the Parties, including ERCOT) (collectively, "Applicable Law"). Page 27 of 256 A-4 ELGCTXCITYDELO___ E.12 No Presumption Against Drafting. Both Parties contributed to the drafting of this Agreement. The rule of construction that any ambiguity is construed against the party who drafted this Agreement does not apply to this Agreement. E.13 Counterparts; Facsimile Copies. This Agreement may be executed in counterparts, all of which constitute one and the same Agreement and each is deemed an original. A facsimile copy of either Party’s signature is considered an original for all purposes, and each Party shall provide its original signature upon request. E.15 Offer for Electric Service; Refusal of Service. This Agreement, including these Terms and Conditions of Service, constitute an offer for electric service, and is expressly conditioned on acceptance of this Agreement by Gexa. Gexa may refuse to provide electric service to Customer subject to the requirements of Applicable Law. Page 28 of 256 7907968 1 RESOLUTION NO. ________ RESOLUTION OF THE CITY OF ___________________ ANNA TEXAS ADOPTING TCAP’S PROFESSIONAL SERVICES AGREEMENT AND GEXA ENERGY’S COMMERCIAL ELECTRIC SERVICE AGREEMENT FOR POWER TO BE PROVIDED ON AND AFTER JANUARY 1, 2023 WHEREAS, the City of _______________ Anna is a member of Texas Coalition For Affordable Power, Inc. (“TCAP”), a non-profit, political subdivision corporation of the State of Texas; and WHEREAS, TCAP has previously arranged for the City to purchase power through Gexa Energy with a contract set to expire December 31, 2022; and WHEREAS, TCAP has designed a new procurement strategy that will involve TCAP initially committing to purchase power two years in advance of delivery on behalf of its members who desire participation in a Strategic Hedging Program (“SHP”) that will involve a series of monthly competitive auctions; and WHEREAS, TCAP has prepared a Professional Services Agreement (“PSA”), attached as Exhibit A, that, in addition to enumerating services and benefits to members of TCAP, provides TCAP with specific authority to procure power in the wholesale market on behalf of members who choose to participate in the SHP; and WHEREAS, approval of the PSA is a necessary, but not sufficient, prerequisite to participation in the SHP; and WHEREAS, the PSA is a relational contract that defines services provided by TCAP to members regardless of whether a member decides to commit to the SHP; and WHEREAS, the industry-standard retail contract is a Commercial Electric Service Agreement (“CESA”) offered by a Retail Electric Provider (“REP”); and WHEREAS, TCAP has negotiated modifications to the current CESA between the City and Gexa Energy to reflect participation in the SHP; and WHEREAS, the CESA that will facilitate participation in the SHP effective for power deliveries in and beyond 2023 (attached as Exhibit B) will need to be approved and signed prior to October 1, 2020; and WHEREAS, the City desires to participate in the SHP. Page 29 of 256 7907968 2 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ________________, TEXAS: SECTION 1. The City of Anna, Texas approves the terms of the TCAP Professional Services Agreement (Exhibit A) and Gexa Energy Commercial Electric Service Agreement (Exhibit B), and incorporates said exhibits into this resolution as if set forth in full. SECTION 2. That the City Manager is authorized to sign Exhibit A, TCAP’s Professional Services Agreement, and Exhibit B, Gexa Energy’s CESA, take any other measures necessary to implement the agreements, and send the agreements to TCAP, 15455 Dallas Parkway, Ste 600, Addison, TX 75001. PASSED AND APPROVED this __________ day of ___________________, 202019. _________________________________ Nate Pike MayorMAYOR ATTEST: __________________________________ Carrie Land City Secretary APPROVED AS TO FORM: ___________________________________ Clark McCoy City Attorney Page 30 of 256 Item No. 5.b. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Greg Peters AGENDA ITEM: Approve an Ordinance re-affirming the designation of FM 455 in the City of Anna, Texas as White Street from County Road 424 to County Road 937. (Director of Public Works, Greg Peters) SUMMARY: This item is to formally name a section of FM 455 as White Street in the City of Anna. FM 455 is currently known as White Street, and has been known as White Street for many years. However, TxDOT is requiring the City to provide an Ordinance officially naming the road as White Street in order to facilitate the City's request to change the exit signs on US 75 from "Anna-Weston Road" to "White Street." White Street is named after Charles Ell White, a World Ware II Veteran and lifelong resident of Anna, Texas. White served as a B-24 pilot in the Army Air Corps, was shot down in battle and spent time as a Prisoner of War in Bucharest, Romania. After the war Mr. White served the Anna community as a City Councilman, School Board Trustee, and volunteer firefighter. TxDOT has requested the City to provide a City Ordinance showing the official name of the street as a part of the ongoing negotiations to change the signs on US 75 from "Anna-Weston Road" to "White Street." FINANCIAL IMPACT: This ordinance has no financial impact. The City is still negotiating with TxDOT on the sign changes on US 75 which may have a financial impact. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3 - Anna - A Great Place to Live, Objective 9: Attractive Gateways STAFF RECOMMENDATION: Staff recommends approval. Page 31 of 256 ATTACHMENTS: 1.Ordinance to Name FM 455 White Street APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 32 of 256 CITY OF ANNA, TEXAS_____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 1 OF 2 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, RENAMING A SEGMENT OF FARM TO MARKET ROAD 455; PROVIDING A SAVINGS, SEVERABILITY AND REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas (the “City”) is a home-rule municipality; and WHEREAS, Section 311.001 of the Texas Transportation Code grants home-rule municipalities control over their streets and the Texas Department of Transportation recognizes that this control extends to assigning street names to highways within a municipality’s jurisdiction; and WHEREAS, a segment of Farm to Market Road 455 (“FM 455”), a part of the Texas highway system, is located in the City’s corporate limits; and WHEREAS, said segment of FM 455 runs from County Road 937 to County Road 424 (the “455 Anna Segment”); and WHEREAS, at least a significant portion of the 455 Anna Segment west of Texas Highway 5 (“TX-5”) is commonly known as W. White Street; and WHEREAS, at least a significant portion of the 455 Anna Segment east of TX-5 is commonly known as E. White Street; and WHEREAS, signage managed by the Texas Department of Transportation (“TxDOT”) located on and near U.S. Highway 75 signaling Exit 48 as well as the 455 Anna Segment bridge over U.S Highway 75 indicates that all or a portion of the 455 Anna Segment is named “Anna-Weston Road”; and WHEREAS, the City Council of the City of Anna, Texas has determined that: (1) the entirety of the 455 Anna Segment west of TX-5 should be renamed “W. White Street”; and (2) the entirety of the 455 Anna Segment east of TX-5 should be renamed “E. White Street”; and WHEREAS, the City Council of the City of Anna, Texas desires that TxDOT take all appropriate actions to reflect the name of the 455 Anna Segment to read “White Street” on all applicable TxDOT signage that refers to the 455 Anna Segment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Page 33 of 256 CITY OF ANNA, TEXAS_____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 2 OF 2 SECTION 1. RECITALS. The recitals set forth above are incorporated herein as if set forth herein in full. SECTION 2. RENAMING STREET SEGMENT. The 455 Anna Segment west of TX-5 is hereby renamed W. White Street and the 455 Anna Segment east of TX-5 is hereby renamed E. White Street. SECTION 3. ADDITIONAL ACTIONS. The Director of Public Works is hereby directed to: (1) remove any City-managed existing signs to the contrary and erect appropriate street signs naming the 455 Anna Segment as set forth in Section 2; (2) send a copy of this ordinance to TxDOT and take all necessary action required for TxDOT to change its signage to name the 455 Anna Segment as set forth in Section 2; and (3) notify the United States Postal Service, existing public utilities, all property owners abutting such segment of street, and all other appropriate persons of the name change enacted hereby. SECTION 4. SAVINGS, SEVERABILITY AND REPEALING CLAUSES. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 5. EFFECTIVE DATE That this ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the ______ day of ______________, 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 34 of 256 Item No. 5.c. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Greg Peters AGENDA ITEM: Approve Enterprise lease agreement for bucket truck replacement. (Director of Public Works, Greg Peters) SUMMARY: The City of Anna Public Works Department has a 2011 Dodge Ram Chassis with bucket lift, which has over 275,000 miles on it. This vehicle was purchased used when the City made the decision to take over maintenance of street lights from GCEC. Last month the engine in this truck experienced catastrophic failure, resulting in the entire engine requiring replacement. Due to the size and type of motor, this replacement cost is approximately $20,000.00. Due to the age and condition of the truck, it does not make financial sense to replace the engine. Currently the Public Works Department is renting a bucket lift trailer to continue street light and signage operations. This rental costs $300/day, or $1,200/week. The bucket truck was scheduled for replacement in the FY21 draft budget. Failure of the existing truck's engine has resulted in this replacement moving up from October of 2020 to August of 2020. The cost to replace the engine in the existing truck ($20,000) is roughly proportional to the estimated annual cost of a lease for a new truck. The annual lease cost will be $22,746.72 per year. If the City chose to purchase instead of lease, the purchase price of the vehicle would be $150,849.00. Staff is recommending the use of the lease program as it provides the City more flexibility in budgeting and decision making as we continue to grow, so that we are not locked into a major capital purchase. The lease option is the best financial decision when compared to purchase, or rental. FINANCIAL IMPACT: The annual lease cost will be $22,746.72 per year. Page 35 of 256 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1.Lease Agreement - 2019 RAM 5500 Bucket Truck Q4683446 2.Full Vehicle Quote 3.Medium and Heavy Duty Vehicle Insurance Addendum - Liability - Equity APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 36 of 256 Open-End (Equity) Lease Rate Quote Quote No: 4683446 Prepared For:City of Anna Date 07/22/2020 Smith, Steven AE/AM J5B/KDB Unit # Year 2019 Make Ram Model 5500 Series Regular Cab Chassis Vehicle Order Type In-Stock Term 60 State TX Customer# 572756 $ 150,849.00 Capitalized Price of Vehicle1 All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. $ 0.00 *License and Certain Other Charges 6.2500% State TX $ 158.50 *Initial License Fee $ 0.00 *Registration Fee Order Information $ 0.00 Other:Courtesy Delivery Fee Driver Name 1254 $ 45,000.00 *Capitalized Price Reduction Exterior Color $ 0.00 *Tax on Capitalized Price Reduction Interior Color $ 0.00 Gain Applied From Prior Unit Lic. Plate Type Exempt $ 0.00 *Tax on Gain On Prior GVWR 0 $ 0.00 *Security Deposit $ 0.00 *Tax on Incentive( Taxable Incentive Total : $0.00 ) $ 105,849.00 Total Capitalized Amount (Delivered Price) $ 1,428.96 Depreciation Reserve @ 1.3500% $ 466.60 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2 $ 1,895.56 Total Monthly Rental Excluding Additional Services Additional Fleet Management Master Policy Enrollment Fees $ 0.00 Commercial Automobile Liability Enrollment (Estimate Only) Liability Limit $0.00 $ 0.00 Physical Damage Management (Estimate Only)Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program3 Contract Miles 0 OverMileage Charge $ 0.0550 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 4 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal $ 0.00 Use Tax 0.0000%State $ 1,895.56 Total Monthly Rental Including Additional Services $ 20,111.40 Reduced Book Value at 60 Months $ 395.00 Service Charge Due at Lease Termination Quote based on estimated annual mileage of 15,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee. LESSEE City of Anna BY TITLE DATE * INDICATES ITEMS TO BE BILLED ON DELIVERY. 1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor any Manufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been Used By Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc. Printed On 07/22/2020 09:02 AM Page 1 of 4Page 37 of 256 Open-End (Equity) Lease Rate Quote Quote No: 4683446 Aftermarket Equipment Total Description (B)illed or (C)apped Price Transport to Anna Tx C $ 750.00 Total Aftermarket Equipment Billed $ 0.00 Total Aftermarket Equipment Capitalized $ 750.00 Aftermarket Equipment Total $ 750.00 Printed On 07/22/2020 09:02 AM Page 2 of 4Page 38 of 256 Open-End (Equity) Lease Rate Quote Quote No: 4683446 VEHICLE INFORMATION: 2019 Ram 5500 Regular Cab Chassis - US Series ID: null Pricing Summary: INVOICE MSRP Base Vehicle $ 149,657.00 $ 149,657.00 Total Options $ 0.00 $ 0.00 Destination Charge $ 0.00 $ 0.00 Total Price $ 149,657.00 $ 149,657.00 SELECTED COLOR: Exterior:white - Interior:Grey - SELECTED OPTIONS: CODE DESCRIPTION INVOICE MSRP Printed On 07/22/2020 09:02 AM Page 3 of 4Page 39 of 256 CONFIGURED FEATURES: 2019 Dodge 5500 4x4 cab and chassis with a CA of 84” GVWR: 19,500 lbs payload. 6.7L I6 Cummins Turbo diesel engine 6-speed Aisin AS69RC HD automatic transmission Heavy duty front suspension group Tradesman Level 1 equipment group Electrical accessory group Air conditioning. Cold weather group including engine block heater 225/70Rx19.5G all traction tires. Uconnect 3 with 5” display HD vinyl 40/20/40 slit bench seat Parkview rear back up camera Transfer case skid plate shield Painted Bright White clearcoat. Printed On 07/22/2020 09:02 AM Page 4 of 4Page 40 of 256 VST-47-MHI Date: 7-2-2020 SpecialtyFleet.com Page 1 of 2 Specialty Fleet Sales, LLC QUOTATION 139 NE Loop 564 Mineola, TX 75773 833.737.3687 Customer: City of Anna, TX Hunter Parker Date: 7-2-2020 We are pleased to quote the VERSALIFT VST-47-MHI, insulated 47 ft. 4 in. (14.4 m) articulating, telescopic aerial platform lift, 52 ft. 4 in. (16.0 m) working height with a horizontal reach of 30 ft. 9 in. (9.4 m) and to include the following items: • Standard platform capacity of 400 lbs • TruGuard™ dielectric isolating system with right hand single-stick control. All control handles are isolated and tested per ANSI 92.2-2009. The high resistive dielectric system is protected from direct environmental an d job related contamination. TruGuard™ technology incorporates the use of full hydraulic controls with durable metal handles and linkages. • Hydraulic platform rotator. • Hydraulic dual arm articulating jib pole and winch package for up to 1,000 lbs. (454 kg.) capacity, including insulated jib pole • 360o continuous rotation including slip rings • Six GPM (22.7 lpm) open center hydraulic system with a 3000 psi (210 kg/cm²) operating pressure • Side mounted telescopic upper boom allows low stowing of platform. Fiberglass inner boom and patented ELECTROGARD provide insulation gap of 41 inches (1.0 m) fully retracted meeting ANSI A92.2 requirements for Category C 46KV and below. • Chassis insulating system (fiberglass lower boom insert) providing 12 in. (0.305 m) insulation gap and including accommodations to bridge insulation gap for testing per ANSI 92.2 • ELECTROGARD and inner boom finished with white urethane paint over a white gel coat. • Non-lube bearings used throughout. • One set of hydraulic tool outlets with pressure limit valve. Valve can be adjusted from 1000 to 2500 psi. • Sub frame mounted main A-frame outriggers with pivot feet, two control valves, and a selector valve. • Auxiliary independent narrow knock down A Frame outriggers with pivot feet • Outrigger boom interlock system for main and auxiliary outriggers • Integral reservoir with a 17-gallon (64.4 l) capacity and dual sight gauges. • Side mounted closed heavy -duty one-step 24 in. X 30 in. X 42 in. (0.61m X 0.76m X 1.07m) fiberglass platform including platform liner and vinyl cover. • Individual full pressure controls at the turret actuate all boom functions and is equipped with a selector valve to override upper controls • 12 volt DC backup pump providing power to all boom functions • Automatic throttle control for Dodge chassis • Auto boom latch for mounting on inner boom. The rotary auto boom latch works off the lift hydraulic pressure to open and close. • Standard white urethane paint • Safety harness and lanyard • Two operator manuals and service manuals Cab and chassis to the following specifications: ▪ 2019 Dodge 5500 4x4 cab and chassis with a CA of 84” ▪ GVWR: 19,500 lbs payload. ▪ 6.7L I6 Cummins Turbo diesel engine ▪ 6-speed Aisin AS69RC HD automatic transmission ▪ Heavy duty front suspension group ▪ Tradesman Level 1 equipment group ▪ Electrical accessory group Page 41 of 256 VST-47-MHI Date: 7-2-2020 SpecialtyFleet.com Page 2 of 2 ▪ Air conditioning. ▪ Cold weather group including engine block heater ▪ 225/70Rx19.5G all traction tires. ▪ Uconnect 3 with 5” display ▪ HD vinyl 40/20/40 slit bench seat ▪ Parkview rear back up camera ▪ Transfer case skid plate shield ▪ Painted Bright White clearcoat. 132” long x 94” wide service body including the following: • 30 inch tread plate platform extension • LED lighting package installed in tail shelf. • Access step at rear and side access. • Two (2) chrome grab handles at side access and two (2) pool type grab handles for rear tail shelf . • Wheel chock storage with pendulum retainers and outrigger pad holders. • Master door locking system, excludes 1st vertical curbside o 48” High Street side compartments as follows • 1st Vertical: Two (2) adjustable shelves with dividers and cutout for outrigger • 2nd Vertical: Two (2) adjustable shelves with dividers • Horizontal: Adjustable dividers installed in compartment bottom. • Rear Vertical: Two (2) adjustable shelves with dividers • Hot stick shelf with rear access door. o 40” High Curbside compartments as follows • 1st Vertical: Two (2) adjustable shelves with dividers and cutout for outrigger • 2nd Vertical: Gripstrut access steps to bed area with removable composite side gate. • Horizontal: One (1) adjustable shelf with dividers • Rear Vertical: Five (5) fixed material hooks 1-3-1 Installation to include the following: • Install VERSALIFT VST-47-I, mounting hardware, PTO and pump. • Install service body and accessories. • Install combo pintle hitch, D rings and 7 prong trailer connector. • Install two (2) amber strobe lights in tail shelf and two (2) strobe lights in front grill. • Install grounding kit, park brake interlock system, back up alarm and mud flaps. • Supply outrigger pads, wheel chocks, fire extinguisher, and 3 piece triangle reflector kit. • Test ride completed unit for one (1) hour. • Test and certify per ANSI A92.2 Complete total net price, F.O.B. current location: $ 149,657.00 Terms: Payment due prior to receipt. MSO released upon receipt of payment. Shipment: F.O.B. current location. Validity: This quote is valid until unit is sold, please check about availability. Subject to prior sales. Signature: _________________________________________________ Date: ___________________________ P.O. #: ______________________________ Quantity: ______________ Options: ________________________ Please sign and date this quote if you would like to purchase this unit as stated in the quotation listed above. Indicate any options that you wish to include on your unit by the option number in the space provided above. Please fax this with your PO to (903-638-7733) or email to Jbateman@specialtyfleet.com Page 42 of 256 MEDIUM DUTY AND HEAVY DUTY INSURANCE ADDENDUM TO MASTER EQUITY LEASE AGREEMENT (LIABILITY COVERAGE) This Addendum is made to the Master Equity Lease Agreement as amended (the “Agreement”), by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and the lessee whose name is set forth on the signature line below (“Lessee”). This Addendum is attached to and made a part of the Agreement (including each Schedule to the Agreement). All capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement. Notwithstanding the provisions of Section 11 of the Agreement, Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Medium Duty and Heavy Duty Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability: Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below: 14,001-26,000 GVWR: a minimum of $1,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage - No Deductible 26,001-33,000 GVWR: a minimum of $2,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage - No Deductible 33,001+ GVWR: a minimum of $5,000,000 Combined Single Limit Bodily Injury and Property Damage or a combination of Auto Combined Single Limit and Umbrella coverage- No Deductible Vehicles with specialized aftermarket may require additional coverage beyond the stated minimum limits noted above at the discretion of the Lessor. Except as amended hereby, all the terms and provisions set forth in Section 11 and the Agreement shall remain in full force and effect. In the event of any conflict between this Addendum and the Agreement or any of the Schedules, the terms and provisions of this Addendum will govern and control LESSEE: ______________________________________ Signature: ______________________________________ By: ______________________________________ Title: ______________________________________ Address: ______________________________________ ______________________________________ ______________________________________ Date Signed: _______________________, ___________ LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc. its attorney in fact Signature: ______________________________________ By: ______________________________________ Title: ______________________________________ Address: ______________________________________ ______________________________________ ______________________________________ Date Signed: _______________________, ___________ © 2019 Enterprise Fleet Management, Inc. J03159_Medium and Heavy Duty Vehicle Insurance Addendum - Liability - Equity Page 43 of 256 Item No. 5.d. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes July 28, 2020. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: 1.Draft Minutes APPROVALS: Carrie Land, City Secretary Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 44 of 256 Regular City Council Meeting Meeting Minutes Tuesday, July 28, 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 July 28, 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 6:33 PM. Council Member Beazley was absent. Council Member Miller arrived at 6:36 PM. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Neighbor Comments. No comments. 4. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Utility Operations Expenses; Property Acquisition b. 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). c. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). d. Discuss or deliberate the purchase, exchange, lease, or value of real property Page 45 of 256 (Tex. Gov’t Code §551.072). Property Acquisition MOTION: Council Member Bryan moved to enter closed session. Council Member Vollmer seconded. Motion carried 5-0. Mayor Pike recessed the meeting into closed session at 6:44 PM. Mayor Pike reconvened the meeting into open session at 8:03 PM. 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. No action taken. 6. Work Session. a. Presentation and discussion on FY20/21 Budget b. Update and discussion on property acquisition and engineering design on Hackberry Lane. c. Solid Waste Disposal Rate Update 7. Reports. a. Recognition of the City of Anna for being awarded the American Public Works Association (APWA) Texas Project of the Year - Structures Less than $2 Million - for the Sherley Heritage Park Community Build Playground. Recognition of the City of Anna for being awarded the American Public Works Association (APWA) Texas Project of the Year - Structures Less than $2 Million - for the Sherley Heritage Park Community Build Playground. b. Recognition of Kevin Martin, Code Compliance Manager, for being awarded Code Professional of the Year by the Building Officials Association of Texas. Kevin Martin, Code Compliance Manager, has been named Code Professional of the Year by the Building Officials Association of Texas. Kevin Martin has single-handedly established a Code Compliance Division in the City of Anna. Prior to Mr. Martin’s hire in the Summer of 2019, Code Compliance in the City of Anna was handled by the Fire Department, whereas a Fire Official from that department responded to reported issues. The City Council identified the Compliance of City codes, and the need for an active, dedicated, professional Code Compliance Officer, as a major priority in their 2019 Strategic Plan. The City recruited for the position of Code Compliance Manager and Mr. Martin was not only the most experienced candidate to have applied (he boasted over 15 years of experience throughout the Dallas Metroplex) but he also had an infectious personality and drive to establish a new standard of compliance for Page 46 of 256 the City. Immediately, Mr. Martin came in and established new policies and procedures for code compliance, established a neighborly repertoire with the community, and instituted a much-needed Rental Registration Program after eliciting feedback from the City Council and community. The Rental Registration Program was approved without controversy due to Mr. Martin deftly handling the creation of the program and it has been a resounding success. Mr. Martin has been publicly lauded by the City Council and our Community for his work and for his commitment to help “build community.” Mr. Martin continues to advance his knowledge of code compliance and management through his active involvement in professional organizations such as the Texas Environmental Health Association. City staff and leadership would like to congratulate Mr. Martin on this prestigious award, and we are grateful for his professionalism and dedication to serving our neighbors in the City of Anna. c. Recognition of the Finance Department for receiving the GFOA Award. 8. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. Consent Items d. and e. were removed for individual consideration. MOTION: Council Member Toten moved to approve consent items a, b, and c. Council Member Miller seconded. Motion carried 5-0. a. Approve Council Meeting Minutes for June 30, 2020 and July 14, 2020. (City Secretary Carrie L. Land) b. Approve a Resolution Approving the 2020 Annual Assessment Plan Update and Assessment Roll for Public Improvements for the Hurricane Creek Public Improvement District (Finance Director Dana Thornhill) A RESOLUTION OF THE CITY OF ANNA APPROVING THE 2020 ANNUAL SERVICE PLAN UPDATE AND ASSESSMENT ROLL FOR PUBLIC IMPROVEMENTS FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE. c. Approve the Quarterly Investment Report for Quarter Ending June 30,2020 (Finance Director Dana Thornhill) d. Approve a Resolution authorizing the City Manager to enter into a contract with Flock Safety, Inc. for the purchase, installation, and maintenance of five (5) fixed, pole-mounted automatic license plate recognition (ALPR) cameras. (Police Chief, Jeff A. Caponera) As part of the Police Department's commitment to improve its crime prevention Page 47 of 256 efforts and as part of the neighborhood policing program, the police department is requesting approval from Council to allow the City Manager to enter into a contract agreement to purchase five (5) fixed, pole-mounted automatic license plate reader (ALPR) cameras from Flock Safety, Inc. These cameras will be strategically placed at ingress and egress points of the City. The police department will obtain TxDOT approval to place the cameras in TxDOT rights-of-ways prior to installation. Police officers are often searching for vehicles that have been reported stolen, are suspected of being involved in criminal or terrorist activities, are owned by persons who are wanted by authorities, or any of a number of other legitimate reasons. Victims and witnesses are frequently able to provide police with a description of a suspect’s vehicle, including in some cases a full or partial reading of their license plate number. Depending on the seriousness of the incident, officers may receive a list of vehicles of interest at the beginning of their shift, or receive radio alerts throughout the day, providing vehicle descriptions and plate numbers including stolen vehicles, vehicles registered or associated with wanted individuals or persons of interest, vehicles attached to an AMBER or missing persons alert, and “be on the lookout” or “BOLO” alerts. Oftentimes these lists may be sizable depending on several factors and criteria, which can present challenges for our patrol officers. Anna police officers spend a good amount of time monitoring traffic during patrol and searching for vehicles of interest. When a potential vehicle of interest is observed, the officer will typically compare characteristics of the observed vehicle and driver with those of the wanted vehicle, including the license plate number, if known. If warranted, the officer may stop the vehicle to further investigate. A license plate check will be run on the vehicle, either by the officer using an in-field computer to initiate the query, or by radioing dispatch for the query. Results of the query and of the officer’s interaction and investigation of the driver will assist the officer in determining next steps. In addition to spotting vehicles of interest, officers on patrol are also alert to vehicles with expired or missing license plates and annual renewal tags. Failure to maintain current license plate registration may indicate that one or more of several conditions have not been met, including failure to secure vehicle insurance, failing compulsory safety and/or emissions inspections, and simple failure to properly register the vehicle with the state motor vehicle authority. Some jurisdictions may withhold vehicle registration renewal if the owner has unpaid parking or traffic tickets. The lack of a plate or current tags may also indicate that the vehicle has been stolen. The ALPR acts as a force multiplier, alerting officers via their in-car computers of hits from the various databases that make up the ALPR "hot list". Officers will be able to receive the alerts in real-time and respond to the area where the vehicle was last seen. This technology will also allow Collin County Dispatchers to see which ALPR camera the vehicle passed by and alert other police officers in the area as well. Page 48 of 256 We expect to improve the recovery of stolen vehicles, identify amber alert vehicles, BOLO vehicles, missing persons, and sex offenders, as well as improve intelligence gathering activities by providing back office software that allows for administration, data mining, reporting, data sharing, and intelligence gathering activities. Flock Safety’s mission is to eliminate non-violent crime. This is possible with city-wide coverage of automatic license plate readers (ALPRs) for both public safety organizations and private citizens. When a crime occurs, Flock Safety cameras deliver the actionable evidence you need to make an arrest. Flock Safety is headquartered in Atlanta, Georgia. Flock Safety camera systems are live in over 600 cities in 38 states and over 210 police departments. With an average of 65 Hot List notifications sent an hour within jurisdictions throughout the U.S., the Flock team is helping agencies solve and prevent crime every hour. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 5-0. e. Approve a Resolution amending Article A2.000 Building Related Fees and Article A3.000 Development Fees within Appendix A: Fee Schedule of The City of Anna Code of Ordinances. (Director of Development Services Ross Altobelli) The recently adopted Council Action Agenda 2020 – 2021 identifies Development Fees as a High Priority item under the Management Agenda section. It is a best management practice to review Fee Assessments on a periodic basic, typically every three to five years, or when major changes to Department costs are implemented. The City of Anna last updated the plat fees in 2008 and the zoning application fees and site plan review; miscellaneous development fees in 2004. Many of the existing development fees within the City of Anna fee schedule are not in keeping with the actual cost of review and processing and the purpose associated with reviewing and updating these fees are to ensure taxpayers are not subsidizing the cost of private development within the City of Anna. Additionally, the Neighborhood Services Division is requesting to increase the Annual Rental Registration fee from $50 to $75 and require the Mobile Home License fee, $250 plus $10 for each mobile home lot, be an annual fee requirement. The proposed changes are represented by fees that are revenue neutral and fairly compensate the City for costs incurred for the services provided and are relative to the fees for residential rental registrations and mobile home licenses in similar municipalities. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING APPENDIX A (FEE SCHEDULE) PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY Page 49 of 256 AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Bryan moved to approve. Mayor Pike seconded. Motion carried 5-0. 9. Items For Individual Consideration. a. Hold a Public Hearing and take any necessary action on an ordinance amending park development fund regulations to allow expenditures related to events and recreation programs (Neighborhood Services Director Marc Marchand). Mayor Pike opened the Public Hearing at 9:33 PM. Eldon Baker submitted his comments in writing. He is in favor of the parks development funds being used for additional events and programs. Mayor Pike closed the Public Hearing at 9:34 PM. Per City Council's directive in Anna's Strategic Plan to create strong community events and festivals, activities and a variety of programs, staff is bringing before the City Council amendments to the Ordinance governing the use of the Parks Development Fund. Anna's significant population growth is causing an increase in the demand for recreation programs and events. To provide these services to Anna Neighbors, funding is needed. This Ordinance amends the Park Development Fund regulations to expand its use and provide funding for such purposes. It also allows for staffing associated with recreation programs and events to be funded from the Parks Development Fund due to the labor-intensive nature of putting them on. The Parks Development Fund is performing very well, and the increase over previous fiscal years is enough capacity to cover capital projects and have funding for recreational programs and events. The revenue estimate for the Parks Development Fund in the FY 2019/2020 Budget is $811,500. The estimate for the Parks Development Fund in the proposed FY 2020/2021 Budget is $1,105,500. This is a difference of $294,000 which is enough to cover staff's request in the FY 2020/2021 Budget of $255,500 for recreation programs and events. Furthermore, as part of the Capital Improvement Program, (CIP), process staff has projected revenues and expenditures from prospective projects over a 5-year period. The proposed Parks CIP will be brought to the Parks Advisory Board and the City Council for consideration at upcoming meetings. The estimates in the Parks CIP project a fund balance of over $1 Million in FY 2021/2022 and over $2 Million in FY 2023/2024. For this reason, staff believes the Parks Development Fund is a stable funding source for recreation programs and events until other revenue streams become available to build a budget elsewhere. Following is a breakdown of the proposed funding allocations that will be requested for recreation programs and events from the Parks Development Fund. Christmas $36,000 Harvest Fest $30,000 Music in the Park $3,000 Movies in the Park $3,000 Races $2,000 Bunny Daze $5,000 Page 50 of 256 Doggie BDay Party $2,000 Fireworks $25,000 Parade $3,000 Recreation Programs $84,550 Staffing $62,000 The Parks Advisory Board met on February 24, 2020 and recommends approval of using the Parks Development Fund for events and recreation programs. MOTION: Mayor Pike moved to approve. Council Member Bryan seconded. Motion carried 5-0. b. 1) Conduct a public hearing to consider public comments on a residential replat for Anna Crossing, Phase 7, Block 3, Lots 1R thru 5R. 2) Consider/Discuss/Action on a recommendation regarding the Anna Crossing, Phase 7, Block 3, Lots 1R thru 5R, Replat. (Director of Development Services Ross Altobelli) Mayor Pike opened the public hearing at 9:41 PM. No Comments. Mayor Pike closed the public hearing at 9:41 PM. Five single-family dwellings detached lots on 0.8± acre located at the southwest corner of Maverick Street and Allyssa Street. Zoned Planned Development-236-2005 (PD-SF- 72/SF-60). The purpose of this replat is to abandon the 25’ building line along Cody Drive for the five lots. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 5-0. 10. Adjourn. Mayor Pike adjourned the meeting at 9:42 PM. Approved on August 11, 2020. _______________________________ Mayor Nate Pike ATTEST: ____________________________ City Secretary Carrie L. Land Page 51 of 256 Page 52 of 256 Item No. 5.e. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Carrie Land AGENDA ITEM: Approve an Ordinance of the City Council of the City of Anna, Texas, ordering a general election to be held on November 3, 2020 for the purpose of electing two (2) City Council Members and a special election to elect one (1) City Council Member to fill an unexpired term of office; designating polling places; ordering notices of Election to be given; authorizing execution of joint election contracts. (City Secretary Carrie Land) SUMMARY: On April 1, 2020 Council passed Ordinance 851-2020 postponing the May 2, 2020 General Election to November 3, 2020. Election dates, times and locations have changed and a new order and contract for services must be adopted in accordance with the State Election Code. The deadline to adopt such Ordinance is August 17, 2020. One major change is the voting location, it will be held at Anna Independent School Districts Board Room, 201 E. 7th St, rather than City Hall. FINANCIAL IMPACT: Estimated cost $4,513.80 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve Ordinance as presented. ATTACHMENTS: 1.Ord Election Order November 3 2020 Draft (3) 2.Contract for Election Services Joint General and Special Election 110320... 3.Exhibit A Early Voting Polling Places and Calendar Revised 080420 Page 53 of 256 4.Exhibit B Election Day Vote Centers Rev 080420 5.Exhibit C Cost Distribution 6.Exhibit D City of Anna Cost Estimate 7.Ord 851-2020 Postponing May 2 General Election APPROVALS: Carrie Land, City Secretary Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 54 of 256 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON NOVEMBER 3 2020 FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL MEMBERS AND A SPECIAL ELECTION TO ELECT ONE (1) CITY COUNCIL MEMBER TO FILL AN UNEXPIRED TERM OF OFFICE; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code (the “Code”) specifies that the first Tuesday after the first Monday in November shall be a “Uniform Election Date” and Governor Greg Abbott provided for elections that had been scheduled for May 2, 2020 to be moved to said November Uniform Election Date due to concerns over the spread of COVID-19 and related pandemic; and WHEREAS, on the 26th day of March 2020, the City Council adopted Ordinance No. 851-2020 moving the May 2, 2020 to said November Uniform Election Date; and WHEREAS, it is necessary that the City Council of the City of Anna order an election to be held on the 3rd day of November 2020, 7:00 a.m. to 7:00 p.m., for the purpose of electing council members for Places 3, 4 and 5; and WHEREAS, the election shall be held as a Joint Election administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and a Joint General and Special Election Services (“Joint Election Contract”) Contract with the Collin County Elections Administrator; and WHEREAS, the City of Anna accepts Collin County Election Administration’s use of the ExpressVote Universal voting machines, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Election Assistance Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1.ELECTION ORDER An election is hereby ordered to be held by the City of Anna, Texas, on Tuesday, November 3, 2020, for the purpose of electing council members for Places 3, 4 and 5. Polling locations for the election will be determined in the Joint General and Special Election Contract (“Joint Election Contract”) to be entered into with Collin County. The polling locations shall be open between the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Joint Election Contract, by and between the City, and various other political subdivisions in Collin County, Texas. Page 55 of 256 ____________________________________________________________________________________ CITY OF ANNA, TEXAS_____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 2 OF 4 SECTION 2.ELECTION NOTICE That the City Secretary is hereby directed to cause notice of said election to be published at least once, not earlier than the 30th day or later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. SECTION 3.EARLY VOTING That early voting by personal appearance by any qualified Collin County resident shall be conducted at the Anna Independent School District Administration Building Board Room, 501 S. Sherley Ave, Anna, Texas 75409, or at any of the other Collin County Vote Center locations established by the Joint Election Contract. Early voting by personal appearance for the May 4, 2019, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 11 No Voting October 12 No Voting October 13 Early Voting 8am–5pm October 14 Early Voting 8am–5pm October 15 Early Voting 8am–5pm October 16 Early Voting 8am–5pm October 17 Early Voting 7am–7pm October 18 Early Voting 1pm–6pm October 19 Early Voting 7am–7pm October 20 Early Voting 7am–7pm October 21 Early Voting 7am–7pm October 22 Early Voting 7am–7pm October 23 Early Voting 7am–7pm October 24 Early Voting 7am–7pm October 25 Early Voting 1pm–6pm October 26 Early Voting 7am–7pm October 27 Early Voting 7am–7pm October 28 Early Voting 7am–7pm October 29 Early Voting 7am–7pm October 30 Early Voting 7am–7pm October 31 November 1 November 2 November 3 Election Day 7am-7pm . Page 56 of 256 ____________________________________________________________________________________ CITY OF ANNA, TEXAS_____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 3 OF 4 SECTION 4. ELECTION DAY POLLING PLACE On November 3, 2020, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna Independent School District Administration Building Board Room, 501 S. Sherley Ave, Anna, Texas 75409 or at any of the other Collin County Vote Center locations established by the Joint Election Contract. SECTION 5. EARLY VOTING BY MAIL That applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on October 23, 2020. SECTION 6.RUNOFF ELECTION That if a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held on Tuesday, December 8, 2020. SECTION 7. ELECTRONIC VOTING EQUIPMENT That in accordance with Section 123.001 of the Texas Election Code, the ExpressVote Universal voting machines approved by the Secretary of State are hereby adopted for the election on November 3, 2020. SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into joint election agreements for said election with Collin County Elections Administration and other political subdivisions and to execute such election agreements for said election. SECTION 9. ELECTION OFFICIALS That pursuant to the Joint Election Contract, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 10. EARLY VOTING BALLOT BOARD That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the Early Voting Page 57 of 256 ____________________________________________________________________________________ CITY OF ANNA, TEXAS_____________________________________________________________________________________________ CITY OF ANNA, TEXAS ORDINANCE NO. __________ PAGE 4 OF 4 Ballot Board shall be the election officials listed in the Joint Election Contract. SECTION 11. SAVINGS, SEVERABILITY AND REPEALING CLAUSES That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 12. EFFECTIVE DATE That this ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the ______ day of ______________, 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 58 of 256 Contract for Election Services Joint General and Special Election 11032020 Page 1 JOINT GENERAL AND SPECIAL ELECTION SERVICES CONTRACT (“Election Services Contract”) ELECTION SERVICES AGREEMENT BETWEEN THE COLLIN COUNTY ELECTIONS ADMINISTRATOR (“Elections Administrator”) AND CITY OF ALLEN CITY OF ANNA CITY OF CARROLLTON CITY OF CELINA TOWN OF FAIRVIEW CITY OF FRISCO CITY OF GARLAND CITY OF JOSEPHINE CITY OF LAVON CITY OF LOWRY CROSSING CITY OF LUCAS CITY OF MCKINNEY CITY OF MURPHY TOWN OF NEW HOPE CITY OF PARKER CITY OF PRINCETON TOWN OF PROSPER CITY OF SACHSE CITY OF WESTON CITY OF WYLIE ALLEN ISD ANNA ISD BLAND ISD FRISCO ISD LOVEJOY ISD MELISSA ISD PRINCETON ISD PROSPER ISD WYLIE ISD BEAR CREEK SPECIAL UTILITY DISTRICT VERONA SPECIAL UTILITY DISTRICT WYLIE NORTHEAST SPECIAL UTILITY DISTRICT FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD TUESDAY, NOVEMBER 3, 2020 TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR Page 59 of 256 Contract for Election Services Joint General and Special Election 11032020 Page 2 1) ADMINISTRATION AND STATUTORY AUTHORITY A. Bruce Sherbet (“Bruce Sherbet”) is the duly appointed County Elections Administrator (“Elections Administrator”) of Collin County, Texas and the Department Head of the Collin County Elections Department. As such, Mr. Sherbet is the County Election Officer of Collin County, Texas and is authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this Election Services Contract with the contracting authorities of the Participating Political Subdivisions listed on the cover page of this Election Services Contract. B. The contracting authorities of the participating Political Subdivisions listed on the cover page of this Election Services Contract are hereby participating with each other in the Joint Election to be held in Collin County, Texas on Tuesday, November 3, 2020 under Chapter 271 of Title 16 of the Texas Election Code (“Joint Election ”) and are hereby contracting with the Elections Administrator of Collin County, Texas to perform the election services set forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the Texas Election Code. 2) DUTIES AND SERVICES OF THE COUNTY ELECTION OFFICER. The Contracting Election Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Election Officer shall arrange for appointment, notifica tion (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Count Station and judge of the Early Voting Ballot Board. i) The Contracting Election Officer shall be responsible for notificat ion of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each Vote Center, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Election Officer will determine the number of clerks to work in the Central Count Station and the number of clerks to work on the Ballot Board. ii) Election judges shall attend the Contracting Election Officer’s school of instruction (Ele ction Law Class); calendar will be provided. iii) Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. iv) The Contracting Election Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Election Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. Page 60 of 256 Contract for Election Services Joint General and Special Election 11032020 Page 3 i) The Contracting Election Officer shall secure election kits which include the legal documentation required to hold an election and all supplies. ii) The Contracting Election Officer shall secure the tables, chairs, and legal documentation required to run the Central Count Station. iii) The Contracting Election Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. iv) The Contracting Election Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. (1) Equipment includes the rental of ExpressVote Universal voting machines, ADA compliant headphones and keypads, DS200 ballot counters, voting signs and election supply cabinets. (2) Supplies include paper ballot cards, Early Voting and Election Day supply kits, provisional ballot kits, security seals, pens, tape, markers, etc. C. The Contracting Election Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk. i) The Contracting Election Officer shall supervise and c onduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. ii) Early Voting by personal appearance for the Participating Political Subdivision shall be conducted during the time period and at the locations listed i n Exhibit “A”, attached and incorporated by reference into this Election Services Contract. iii) All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, located at 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. (1) Applications for mail ballots erroneously mailed to the Participating Political Subdivisions shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Election Officer for proper retention. (2) All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage is required. iv) All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for counting by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Election Officer shall arrange for the use of all Election Day Vote Centers. The Participating Political Subdivisions shall assume the responsibility of remitting their portion of cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit “B”, attached and incorporated by reference into this Election Services Contract. Page 61 of 256 Contract for Election Services Joint General and Special Election 11032020 Page 4 E. The Contracting Election Officer shall be responsible for establishing and operating the Central Count Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Count Station Manager shall be Bruce Sherbet. The Count Station Judge shall be Neal Katz. The Tabulation Supervisor shall be Billy Pratt. (1) The Tabulation Supervisor shall prepare, test and run the county’s tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Election Officer. (2) The Public Logic and Accuracy Test of the ele ctronic voting system shall be conducted. (3) Election night reports will be available to the Participating Political Subdivisions at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with state law. (4) The Contracting Election Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the Participating Political Subdivisions as soon as possible after all returns have been tallied. (5) The Contracting Election Officer shall be appointed the custodian of the voted ballots and shall retain all election materials for a period of 22 months. (a) Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. (6) The Contracting Election Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Participating Political Subdivisions in a timely manner. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201 of the aforementioned code. 3) DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISIONS. The Participating Political Subdivisions shall assume the following duties: A. A Participating Political Subdivision shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The Participating Political Subdivision assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The Participating Political Subdivision shall provide the Contracting Election Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Monday, August 24, 2020. C. The Participating Political Subdivision shall procure and provide the Contracting Election Officer with the ballot layout and Spanish interpretation in an electronic format. Page 62 of 256 Contract for Election Services Joint General and Special Election 11032020 Page 5 i) The Participating Political Subdivision shall deliver to the Contracting Election Officer as soon as possible, but no later than 5:00 PM Monday, August 24, 2020, the official wording for the Participating Political Subdivision’s November 3, 2020, Joint General and Special Election. ii) The Participating Political Subdivisions shall approve the “blue line” ballot format prior to the final printing. D. The Participating Political Subdivisions shall compen sate the Contracting Election Officer for an additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit “C” for required services. E. The Participating Political Subdivisions shall pay the Contracting Election Officer 90% of the estimated cost to run the said election prior to Friday, October 9, 2020. The Contracting Election Officer shall place the funds in a “contract fund” as prescrib ed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071. Made payable to “Collin County Treasury” with a note “for election services” included with check documentation. F. The Participating Political Subdivision shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. 4) COST OF SERVICES. See Exhibits “C” and “D”. 5) GENERAL PROVISIONS. A. Nothing contained in this Election Services Contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Participating Political Subdivision’s November 3, 2020, Joint General and Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Election Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the Participating Political Subdivision cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75.00. Any Participating Political Subdivision canceling an election will not be liable for any further costs incurred by the Contracting Officer. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. Page 63 of 256 November 3, 2020 General Special Elections Potential Early Voting Locations, Dates and Hours Exhibit "A" City Allen Allen Anna Plano Celina McKinney Plano Frisco McKinney McKinney Plano Wylie McKinney Plano McKinney Princeton Frisco McKinney Plano Plano Josephine Lavon Allen Lucas McKinney Melissa Richardson Murphy New Hope McKinney Parker Plano Plano Prosper Dallas Wylie Frisco Frisco Richardson 300 Country Club 1 Cowboy Way Smith Library The Star in Frisco UTD Campus-Callier Clinical Research Center 811 Synergy Park Blvd The Grove at Frisco Commons 8300 McKinney Road Plano ISD Administration Center 2700 W. 15th Street Prosper ISD Administration Bldg.605 E. Seventh Street Renner-Frankford Library 6400 Frankford Road Old Settlers Recreation Center 1201 E. Louisiana 5700 E. Parker RoadParker City Hall Parr Library 6200 Windhaven Pkwy. 3411 Barker Ave. 2831 E President George Bush Hwy 205 N. Murphy RoadMurphy Community Center New Hope Town Hall 121 Rockcrest Road Melissa City Hall Methodist Richardson Medical Center 259 Country Club 665 Country Club Road 861 Independence Pkwy. Harrington Library Josephine City Hall Lavon City Hall Lovejoy ISD Administration Bldg. Lucas Community Center McKinney Fire Station #7 1501 18th Street 201 Main Street 120 School Road Haggard Library Davis Library 7501 Independence Parkway Eldorado Country Club 2604 Country Club Drive 511 Jefferson St.First Baptist Church Princeton Frisco Fire Station #8 14300 Eldorado Pkwy. Gay Library 6861 W. Eldorado Parkway 2501 Coit Rd Collin College Plano Campus 2800 Spring Creek Parkway Collin College Wylie Campus 391 Country Club Road 2010 Redbud Blvd, Ste. 102Collin County Elections Office Collin College McKinney Campus 2200 University Carpenter Park Recreation Center Celina ISD Administration Building Christ Fellowship Christ United Methodist Church 6701 Coit Road 205 S. Colorado 2801 Orchid Dr. Collin College Frisco Campus 3101 Coit Road 9700 Wade Blvd. Collin College Higher Education Center 3452 Spur 399 Note: The below list contains potential Early Voting Polling Locations for the November 3, 2020 General and Special Elections. The list of Polling Locations will be revised as locations are confirmed. Address 200 E Stacy Road 1451 North Watters 201 E. 7th St. Polling Place Allen Event Center Allen ISD Service Center Anna ISD Board Conference Room 1 of 2 Revised 07/20/2020Page 64 of 256 November 3, 2020 General Special Elections Potential Early Voting Locations, Dates and Hours Exhibit "A" Sunday Monday Tuesday Wednesday Thursday Friday Saturday October 11 October 12 October 13 October 14 October 15 October 16 October 17 Early Voting Early Voting Early Voting Early Voting Early Voting 8am -5pm 8am -5pm 8am -5pm 8am -5pm 7am -7pm October 18 October 19 October 20 October 21 October 22 October 23 October 24 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting 1pm - 6pm 7am -7pm 7am -7pm 7am -7pm 7am -7pm 7am -7pm 7am -7pm October 25 October 26 October 27 October 28 October 29 October 30 October 31 Early Voting Early Voting Early Voting Early Voting Early Voting Early Voting 1pm - 6pm 7am - 7pm 7am - 7pm 7am - 7pm 7am - 7pm 7am - 7pm Important Note: Eligible Collin County registered voters (with an effective date of registration on or before October 5, 202) may vote at any early voting location. 2 of 2 Revised 07/20/2020Page 65 of 256 November 3, 2020 General Special Elections Potential Election Day Vote Centers Exhibit "B" Polling Place Address City Aldridge Elementary School 720 Pleasant Valley Richardson Allen Event Center 200 E Stacy Rd Allen Allen ISD Service Center 1451 North Watters Allen Anna ISD Board Conference Room 201 E. 7th St Anna Armstrong Middle School 3805 Timberline Plano Benton Staley Middle School 6927 Stadium Drive Frisco Bentwood Trail Presbyterian Church 6000 Bentwood Trail Dallas Bethany Elementary School 2418 Micarta Drive Allen Blue Ridge ISD Administration Building 318 West School Street Blue Ridge Bowman Middle School 2501 Jupiter Road Plano Boyd Elementary School 800 S jupiter Road Allen Carpenter Middle School 3905 Rainier Road Plano Carpenter Park Recreation Center 6701 Coit Road Plano Celina ISD Administration Building 205 S. Colorado Celina Centennial High School 6901 Coit Road Frisco Chandler Elementary School 1000 Water Oak Drive Allen Christ Fellowship-McKinney Campus 2801 Orchid Dr.McKinney Christ the Servant Lutheran Church 821 S. Greenville Ave.Allen Christ United Methodist Church 3101 Coit Road Plano Christie Elementary School 10300 Huntington Road Frisco Clark High School 523 Spring Creek Plano Collin College Frisco Campus 9700 Wade Blvd.Frisco Collin College Higher Education Center 3452 Spur 399 McKinney Collin College McKinney Campus 2200 University McKinney Collin College Plano Campus 2800 Spring Creek Parkway Plano Collin College Wylie Campus 391 Country Club Road Wylie Collin County Elections Office 2010 Redbud Blvd, Ste. 102 McKinney Community ISD Technology and Conference Center 611 FM 1138 Nevada Davis Library 7501 Independence Parkway Plano Dowell Middle School 301 Ridge Road McKinney Dr. Pepper Star Center - Champions Café 6993 Stars Ave.McKinney Eldorado Country Club 2604 Country Club Drive McKinney Fairview Town Hall 372 Town Place Fairview First Baptist Church - Josephine 300 S. Main Street Josephine First Baptist Church - Princeton 511 Jefferson St.Princeton First Baptist Church -Branch 7011 FM 546 Princeton First Baptist Church Farmersville - Youth Building 201 Farmersville Pkwy.Farmersville First Baptist Church Frisco 7901 Main Street Frisco Forman Elementary School (Plano ISD)3600 Timberline Dr Plano Fowler Middle School 3801 McDermott Road Plano Note: The below list contains potential Vote Centers for the November 3, 2020 General and Special Elections. The list of Vote Centers will be revised as locations are confirmed. Eligible Collin County registered voters (with an effective date of registration on or before October 5, 2020) may vote at any Election Day Vote Center location. Revised 07/20/2020 Page 66 of 256 November 3, 2020 General Special Elections Potential Election Day Vote Centers Exhibit "B" Frankford Middle School (PISD)7706 Osage Plaza Parkway Dallas Frisco Fire Station #8 14300 Eldorado Pkwy.Frisco Frisco Senior Center 6670 Moore Street Frisco Gateway Prosper Campus 4331 E Prosper Trail Prosper Gay Library 6861 W. Eldorado Parkway McKinney George Bush Elementary School 2000 Eagle Aerie Lane St Paul Haggar Elementary School 17820 Campbell Road Dallas Haggard Library 2501 Coit Rd Plano Harrington Library 1501 18th Street Plano Heritage High School 14040 Eldorado Pkwy.Frisco Hunt Middle School 4900 Legendary Drive Frisco Islamic Association of Collin County 6401 Independence Pkwy.Plano John Q. Hammons Center - Courtyard Marriott 210 East Stacy Road Allen Josephine City Hall 201 Main Street Josephine Kerr Elementary School 1325 Glendover Drive Allen Lavon City Hall 120 School Road Lavon Liberty High School 15250 Rolater Road Frisco Light Farms Elementary School 1100 Cypress Creek Way Celina Lovejoy ISD Administration Bldg.259 Country Club Allen Lowery Freshman Center 601 E Main Street Allen Lowry Crossing City Hall 1405 S. Bridgefarmer Road Lowry Crossing Lucas Community Center 665 Country Club Road Lucas Maus Middle School 12175 Coit Road Frisco McKinney Fire Station #7 861 Independence Pkwy.McKinney McKinney Senior Recreation Center 1400 S. College McKinney Meadows Elementary School 2800 18th Street Plano Melissa City Hall 3411 Barker Ave.Melissa Methodist Richardson Medical Center 2831 E President George Bush Hwy Richardson Miller Elementary School 5651 Coventry Drive Richardson Murphy Community Center 205 N. Murphy Road Murphy New Hope Town Hall 121 Rockcrest Road New Hope Old Settlers Recreation Center 1201 E. Louisiana McKinney Parker City Hall 5700 E. Parker Road Parker Parr Library 6200 Windhaven Pkwy.Plano Plano ISD Administration Center 2700 W. 15th Street Plano Plano Senior Center 401 W. 16th Street Plano Preston Trail Community Church 8055 Indipendence Parkway Frisco Prestonwood Church 1001 w Prosper Trail Prosper Prosper ISD Administration Bldg.605 E. Seventh Street Prosper Renner-Frankford Library 6400 Frankford Road Dallas Royse City ISD Mike McKinney Maintenance Facility 1420 FM 1777 Royse City Sachse Community Center 3815 Sachse Road Sachse Seis Lagos Community Services Association 222 Seis Lago Trail Wylie Shepton High School 5505 Plano Pkwy.Plano Shiloh Missionary Baptist Church 1310 Avenue "I"Plano Revised 07/20/2020 Page 67 of 256 November 3, 2020 General Special Elections Potential Election Day Vote Centers Exhibit "B" Slaughter Elementary 2706 Wolford Ave McKinney Smith Library 300 Country Club Wylie Stinson Elementary School 4201 Greenfield Drive Richardson Stonebridge Country Club 7003 Beacon Hill Road McKinney Stonebridge United Methodist Church 1800 S. Stonebridge Drive McKinney Story Elementary School 1550 Edelweiss Drive Allen Suncreek United Methodist Church 1517 W. McDermott Drive Allen Terry Pope Administration Building 611 North FM 1138 Nevada The Star in Frisco 1 Cowboys Way Frisco Tom Muehlenbeck Recreation Center 5801 W. Parker Road Plano Toyota Stadium 9200 World Cup Way Frisco UTD Campus-Callier Clinical Research Center 811 Synergy Park Blvd Richardson Weston Community Center 117 Main Street Weston Woodcreek Church 3400 E. Renner Road Richardson Revised 07/20/2020 Page 68 of 256 November 3, 2020 Joint General and Special Election Cost Distribution Exhibit "C" Entity Registered Voters Percentage Allen, City 64,458 10.06% Anna, City 8,450 1.32% Carrollton, City 273 0.04% Celina, City 8,078 1.26% Fairview, Town 7,828 1.22% Frisco, City 61,899 9.66% Garland, City 175 0.03% Josephine, City 1,013 0.16% Lavon, City 2,609 0.41% Lowry Crossing, City 1,248 0.19% Lucas, City 5,484 0.86% McKinney, City 111,631 17.42% Murphy, City 13,428 2.10% New Hope, Town 505 0.08% Parker, City 3,738 0.58% Princeton, City 7,429 1.16% Prosper, Town 14,334 2.24% Sachse, City 5,896 0.92% Weston, City 256 0.04% Wylie, City 30,025 4.69% Allen ISD 66,309 10.35% Anna ISD 10,570 1.65% Bland ISD 152 0.02% Frisco ISD 97,127 15.16% Lovejoy ISD 11,934 1.86% Melissa ISD 9,377 1.46% Princeton ISD 12,112 1.89% Prosper ISD 32,537 5.08% Wylie ISD 44,781 6.99% Bear Creek SUD 3728 0.58% Verona SUD 1,538 0.24% Wylie NE SUD 1,786 0.28% Total Registered Voters 640,708 Joint General and Special Election Cost Distribution 7/20/202012:18 PM Page 69 of 256 Estimated Cost of Election Services Exhibit "D" Anna, City Registered Voters 8,450 Percentage 1.33% Summary of Costs Early Voting by Mail 54.89$ Early Voting by Personal Appearance 815.62$ Election Day Expenses 465.99$ Tabulation 206.35$ General Election Expenses 1,290.93$ Equipment Rental 1,387.36$ Supply Cost 292.66$ Total 4,513.80$ 10% Administrative Fee 451.38$ Sub Total 4,965.18$ Total cost savings from minimum expense cost (391.87)$ Total Estimated Cost 4,573.31$ 90% Deposit 4,115.98$ Joint General and Special Election Estimated Cost Estimate used for the May 2, 2020 Election City of Anna Page 70 of 256 Page 71 of 256 Page 72 of 256 Page 73 of 256 Page 74 of 256 Page 75 of 256 Page 76 of 256 Page 77 of 256 Item No. 5.f. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Alan Guard AGENDA ITEM: Approve a Resolution amending the representatives authorized to transact business with the Texas Local Government Investment Pool (Interim Finance Director Alan Guard) SUMMARY: Texpool is one of the City's primary investment vehicles. As the current Finance Director is resigning her position, it is necessary for City Council to approve the Interim Finance Director to become an authorized representative for the City to conduct business. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing, Professional City STAFF RECOMMENDATION: Recommend approval of the Resolution ATTACHMENTS: 1.RESOLUTION AMENDING AUTHORIZED SIGNERS FOR TEXPOOL APPROVALS: Alan Guard, Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 78 of 256 RES. PAGE 1 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING THE AUTHORIZED REPRESENTATIVES AUTHORIZED TO TRANSACT BUSINESS WITH THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL, “TEXPOOL/TEXPOOL PRIME”, A PUBLIC FUNDS INVESTMENT POOL. WHEREAS, The City of Anna (“Participant”) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool (“TexPool/TexPool Prime”), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The above referenced recitals are incorporated as if set forth in full for all purposes. Section 2. That the individuals, whose signatures appear in the Resolution, are Authorized Representatives of the City of Anna and are each hereby authorized to transmit funds for investment in Texpool/Texpool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local government funds. Section 3. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the City of Anna’s TexPool account or (2) is no longer employed by the Participant. Section 4. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant. List of the Authorized Representatives of the Participant. Any new individuals will be issued identification numbers to transact business with TexPool Participant Services. Page 79 of 256 RES. PAGE 2 OF 2 1.Name Ryan Henderson Title: Assistant City Manager Phone/Fax/Email 214-831-5303 Fax 972-924-2620 rhenderson@annatexas.gov Signature 2.Name Alan Guard Title: Interim Finance Director Phone/Fax/Email 214-831-5371 Fax 972-924-2760 aguard@annatexas.gov Signature 3.Name Alesia Thornhill Title: Accountant Phone/Fax/Email 214-831-5372 Fax 972-924-2760 athornhill@annatexas.gov Signature List the names of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name: Alan Guard, Interim Finance Director Phone 214-831-5371 Email: aguard@annatexas.gov Fax 972-924-2760 Name: Alesia Thornhill, Accountant Phone 214-831-5372 Email: athornhill@annatexas.gov Fax 972-924-2760 In addition, and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry only, complete the following information. Name: Sheila Alexander, Accounting Manager Phone 214-831-5375 Email: salexander@anntexas.gov Fax 972-924-2760 Section 4. This Resolution and its authorization shall continue in full force and effect until amended by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of August, 2020. ATTEST: _____________________________ Carrie L. Land, City Secretary APPROVED: ________________________________ Nate Pike, Mayor Page 80 of 256 Item No. 5.g. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Review CDC/EDC Joint Meeting Minutes from the July 2, 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: 1.July 2 2020 CDC EDC Joint Meeting Minutes - signed APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 81 of 256 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 Regular Meeting Minutes Thursday, July 2, 2020 at 6:00 pm The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular online meeting at 6:00 p.m. on Thursday, Ju ly 2, 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/ A video recording of the open session portions of the meeting may be viewed online at the City of Anna’s website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Rocio Gonzalez, Michelle Hawkins, Stan Carver, Shane Williams, Bruce Norwood and Doris Pierce. 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 6:03 p.m. Anthony Richardson acknowledged the new CDC and EDC Board Member, Shane Williams. 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 June 3, 2020 CDC Special Called Meeting. (CDC) Page 82 of 256 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice-President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 5. Consider/Discuss/Act on approving minutes from the June 3, 2020 EDC Special Called Meeting. (EDC) Shane Williams made a motion to approve the minutes on behalf of the CDC and EDC for the June Joint CDC and EDC Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 6. Consider/Discuss/Act on a recommendation for Phase II of the COVID-19 Recovery Grant program. (CDC) Joey Grisham explained that 18 agreements were approved by the City Council for Phase I. Staff recommends 18 of the 19 applicants in Phase II be awarded a $5,000 grant. Taylor Lough shared that the City Council will review the Board’s recommendation at its next meeting on July 14th. If approved, staff will send a Chapter 380 agreement to the applicants for their signature. The agreement will be signed by the City Manager and checks will be cut the following week. There was a lot of positive feedback from awardees last phase. Doris Pierce asked if the feedback could be posted. Staff shared the feedback was mostly in person. Bruce Norwood agreed that testimonials would be nice. Joey Grisham said staff can reach out to applicants for feedback. Anthony Richardson thanked the staff and Council for their work on this funding program. Anthony Richardson made a motion to recommend staff to take 18 of the 19 applications at the $5,000 level to the City Council for their next steps. Bruce Norwood seconded the motion. All were in favor. Motion passed. 7. Discuss preliminary FY 2021 CDC and EDC budgets. Joey Grisham provided a presentation outlining revenue and expenditure projections for fiscal year 2020 as well as budget considerations for fiscal year 2021. The Board will need to meet to approve the budget prior to August 1st per the CDC and EDC bylaws. There has been a steady increase in sales tax revenue for the CDC, which is positive. The Downtown Master Plan will be partially paid for in the current and next fiscal year. Additional funding is being budgeted for grants. The CDC’s agreement with the Greater Anna Chamber of Commerce for community events will change with the creation of the City’s Neighborhood Services Department. Stan Carver asked if the 26% increase in sales tax during April came from people being home during the pandemic or the new restaurant openings, or both . Joey Grisham explained the increase may have been a mixture as neighbors purchased extra goods at supermarkets, for example, and the opening of Starbucks, Salsa Tex Mex, Chick fila and Whataburger. Joey Grisham explained that the new Neighborhood Services Department is being headed by Marc Marchand and will include Parks and Recreation, Code Compliance, and Lifetime Learning. This department will be involved in future community events. Michelle Hawkins asked if the CDC would now contract with Neighborhood Services for events. Joey Grisham explained the goal has been to move away from funding events and use the CDC funding for economic development. There is an opportunity for the CDC to partner with the Chamber of Commerce for other services such as business retention. Page 83 of 256 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice-President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Stan Carver asked if the funding budgeted for the Business Park included the signage. Joey Grisham said yes. Shane William asked about the EDC’s rental revenue. Joey Grisham explained that the Inc- Cube Building was originally an incubator space. The Chamber of Commerce and Grace and Peace Presbyterian Church rent cubicle space—the other space is being used for the EDC and other city departments. A future conversation is needed to discuss the future of the Inc-Cube once city staff moves to the City Hall that is currently under construction. Anthony Richardson asked about the budgeted $100,000 for grants. Joey Grisham explained that last year $78,900 was budgeted last year for grant funding. Interest is growing related to downtown with the master plan efforts. These funds could be used for businesses seeking to locate within downtown as well as additional COVID-19 recovery, if so desired. Anthony asked if additional funding could be allocated for COVID-19 recovery. Joey Grisham explained the Board could draw into fund balance for additional initiatives. 8. Consider/Discuss/Act on a resolution expending funds for Business Park engineering and architectural services and authorizing the Economic Development Director to enter into a contract for said services. (EDC) Joey Grisham explained that preliminary renderings were completed about 3 years ago for the Business Park that need updating. There are restrictions due to the utilities on the site so staff would like to master plan the site to include roads, entry signage, and project phasing. The Conditions, Covenants, and Restrictions (CCRs) and zoning also need to be reviewed and updated. Anthony Richardson asked which line item this funding would come from. Joey Grisham explained the EDC’s marketing and contract services line items would cover this expenditure as well as additional funds set aside under marketing/promotion. Bruce Norwood made a motion on behalf of the EDC to approve a resolution expending funds, not to exceed $45,000, for Business Park engineering and architectural services and authorizing the Economic Development Director to execute a contract for said services subject to legal approval of final form. Stan Carver seconded the motion. All were in favor. Motion passed. 9. Consider/Discuss/Act on a resolution expending funds for marketing services and authorizing the Economic Development Director to enter into a contract for said services. (CDC) Joey Grisham shared that the tagline and comprehensive marketing plan are key items in the Economic Development Strategic Plan. Staff has been speaking to a few firms and conducting research for this work. Many other cities have created a tagline and developed marketing strategies. He explained that digital advertising and social media are more important today with COVID-19. Taylor Lough shared that staff has been in contact with five advertising marketing firms that have experience with economic development organizations. The purpose of the plan would be to ensure that public dollars used for promotion of the City of Anna are used in the most effective ways. As a part of Phase 1, the consulting team will Page 84 of 256 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice-President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary develop the tagline and create the marketing plan in FY 2020. Phase II will include implementation and begin in FY 2021. Phase 1 is expected to cost around $45,000. Doris Pierce asked what the top priorities will be for the chosen firm and the timeline of the firm’s involvement. Joey Grisham stated he expected this to be a lengthy partnership – possibly several years. Tagline, marketing plan, types of marketing, COVID and post-COVID advertising and article positioning, and advertising. Anthony Richardson asked what the Board’s involvement will be in this process. Joey Grisham answered that the Board will be very involved as the chosen firm will present to the Board and ask for their input. Special meetings are not expected at this time, rather updates will be conducted during the Board’s regular monthly meetings. Doris Pierce made a motion on behalf of the CDC, approve a resolution expending funds for marketing services not to exceed $45,000 and authorizing the Economic Development Director to enter into a contract for said services subject to legal approval of final form. Bruce Norwood seconded the motion. All were in favor. Motion passed. 10. Director’s Report A. Report on current corporate financial status—Discussion Only Joey Grisham explained that the April sales tax collections were very strong, and staff will provide May numbers when they come out. B. ED Strategic Plan Update Joey Grisham reminded the Board that items on today’s agenda items for the Business Park and Marketing Plan are key items within the Strategic Plan. C. Comp Plan, Downtown Master Plan, and Parks/Trails Master Plan Update Joey Grisham shared the City Council had a difficult time only appointing two members of the Board to serve on the advisory committee. A website for all three plans will be up over the next few weeks. A meeting for all boards and commissions is planned for August 11 and staff will send a calendar invitation—Board Members were encouraged to tell their neighbors to participate in the process. The plan is still scheduled to be completed in March 2021 with Council adoption in April 2021. 11. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov’t Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. 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 and promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, Page 85 of 256 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice-President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary (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. Rocio Gonzalez made a motion to enter closed session. Shane Williams seconded the motion. All were in favor. Motion passed. The CDC moved into closed session at 7:06 p.m. Anthony Richardson made a motion to enter closed session. Stan Carver seconded the motion. All were in favor. Motion passed. The CDC moved into closed session at 8:03 p.m. 12. Reconvene into open session and take any action on closed session items. Rocio Gonzalez made a motion to reconvene into open session. Stan Carver seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 8:01 p.m. Stan Carver made a motion to reconvene into open session. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 8:09 p.m. 13. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Anthony Richardson again welcomed Shane Williams to the Board. Stan Carver thanked staff for their work. 14. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 8:16 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: ____________________________ ____________________________ Anthony Richardson Rocio Gonzalez President of CDC/EDC Secretary of CDC/EDC Anthony D Richardson (Jul 30, 2020 18:47 CDT)Rocio Gonzalez (Jul 30, 2020 19:30 CDT) Page 86 of 256 July 2 2020 CDC EDC Joint Meeting Minutes Final Audit Report 2020-07-31 Created:2020-07-30 By:Taylor Lough (tlough@annatexas.gov) Status:Signed Transaction ID:CBJCHBCAABAAZ8OIFhmN5SXuhzFyH4D8417rkNM8evgD "July 2 2020 CDC EDC Joint Meeting Minutes" History Document created by Taylor Lough (tlough@annatexas.gov) 2020-07-30 - 11:45:25 PM GMT- IP address: 208.67.100.35 Document emailed to Anthony D Richardson (anthony@opportunityannatx.com) for signature 2020-07-30 - 11:45:53 PM GMT Email viewed by Anthony D Richardson (anthony@opportunityannatx.com) 2020-07-30 - 11:46:18 PM GMT- IP address: 47.222.3.251 Document e-signed by Anthony D Richardson (anthony@opportunityannatx.com) Signature Date: 2020-07-30 - 11:47:14 PM GMT - Time Source: server- IP address: 47.222.3.251 Document emailed to Rocio Gonzalez (rociocgonzalez@yahoo.com) for signature 2020-07-30 - 11:47:16 PM GMT Email viewed by Rocio Gonzalez (rociocgonzalez@yahoo.com) 2020-07-31 - 0:25:54 AM GMT- IP address: 69.147.92.87 Document e-signed by Rocio Gonzalez (rociocgonzalez@yahoo.com) Signature Date: 2020-07-31 - 0:30:11 AM GMT - Time Source: server- IP address: 47.222.23.150 Signed document emailed to Taylor Lough (tlough@annatexas.gov), Rocio Gonzalez (rociocgonzalez@yahoo.com) and Anthony D Richardson (anthony@opportunityannatx.com) 2020-07-31 - 0:30:11 AM GMT Page 87 of 256 Item No. 5.h. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Development Plat for 2826 Storage Addition, Block A, Lot 1. (Director of Development Services, Ross Altobelli) SUMMARY: Storage and RV parking on one lot on 7.5± acres located at the southeast corner of Houston Street (FM 2862) and County Road 513. Located within the extraterritorial jurisdiction (ETJ). The purpose for the development plat is to construct a storage and RV parking facility and related site improvements. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.RESOLUTION - (DP) 2862 Storage Addition 2.Agenda Map 3.Exhibit A (DP) 2862 Storage Addition STAMPED APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 88 of 256 Page 89 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE 2862 STORAGE ADDTION, 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 2862 Storage 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 2682 Storage 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 11th day of August 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 90 of 256 FM 2862COUNTY ROAD 513 COUNTY ROAD 1067SAM RAYBURN MEMORIAL HWYProposed Site Parcels City Limits ETJ ¯ 0 400 800200FeetJuly 2020 L:\Planning & Development\Project Review\2862 Storage Addition\Locators\Agenda Map.mxd Development Plat- 2862 Storage Addition Block A, Lot 1 Page 91 of 256 WMT04080EXHIBIT A APPROVED August 11, 2020CITY COUNCIL CITY OF ANNAAPPROVEDJuly 6, 2020PLANNING DEPARTMENTCITY OF ANNAPage 92 of 256 Item No. 5.i. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Development Plat for Froehlich Estate, Block A, Lot 1. (Director of Development Services, Ross Altobelli) SUMMARY: Single-family dwelling, detached on one lot on 5.1± acres located on the west side of CR 479, 2,500± feet north of Houston Street (FM 2862). Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.RESOLUTION - (DP) Froehlich Estate 2.Agenda Map 3.Exhibit A (DP) Froehlich STAMPED APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/6/2020 Jim Proce, City Manager Final Approval - 8/6/2020 Page 93 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FROEHLICH ESTATE 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, Karel Froehlich has submitted an application for the approval of the Froehlich Estate, 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 Froehlich Estate, 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 11th day of August 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 94 of 256 FM 2862 COUNTY ROAD 479WESTOVER LNB R Y N LE E JA M E S LN COUNTY ROAD 477COUNTY ROAD 478COUNTY ROAD 427 Proposed Site Parcels City Limits ETJ ¯ 0 750 1,50 0375FeetJuly 2020 L:\Planning & Development\Project Review\Froehlich Estate\Locators\Agenda M ap.mxd Development Plat- Froehlich Estate Block A, Lot 1 Page 95 of 256 FROEHLICH ESTATE DEVELOPMENT PLAT 5.110 ACRES MARK R. ROBERTS SURVEY, A-742 COLLIN COUNTY, TEXAS BLOCK A, LOT 1 EXHIBIT A APPROVED August 11, 2020 CITY COUNCIL CITY OF ANNA APPROVED July 6, 2020 PLANNING DEPARTMENT CITY OF ANNA Page 96 of 256 Item No. 5.j. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Development Plat for Vaclavik Estates, Block A, Lot 1. (Director of Development Services, Ross Altobelli) SUMMARY: Single-family dwelling, detached on one lot on 5.0± acres located on the west side of CR 217 (Eden Street), 1,300± feet south of County Road 177. Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.RESOLUTION - (DP) Vaclavik Estates 2.Agenda Map 3.Exhibit A (DP) Vaclavik Estates STAMPED APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 97 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VACLAVICK ESTATES, 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 Vaclavick Estates, 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 Vaclavick Estates, 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 11th day of August 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 98 of 256 W FM 455 FM 3 3 5 6EDEN RDGCOUNTY ROAD 177 BAKER RDL A K E T R A ILCOUNTY ROAD 175COUNTRY LNCOUNTY ROAD 1005WESTON RIDGE TRL MUGG MD W Proposed Site Parcels City Limits ETJ ¯ 0 1,00 0 2,00 0500FeetJuly 2020 L:\Planning & Development\Project Review\Vaclavick Estates\Locators\Agenda Map.mxd Development Plat- Vaclavik Estates Block A, Lot 1 Page 99 of 256 EXHIBIT A APPROVED August 11, 2020 CITY COUNCIL CITY OF ANNA APPROVED July 6, 2020 PLANNING DEPARTMENT CITY OF ANNA Page 100 of 256 Item No. 5.k. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Development Plat for Rojas Estates, Block A, Lot 1. (Director of Development Services, Ross Altobelli) SUMMARY: Single-family dwelling, detached on one lot on 2.5± acres located at the east side of CR 511, 900± feet west of White Oak Circle. Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.RESOLUTION - (MP) Rojas Estates 2.Agenda Map 3.Exhibit A (MP) Rojas Estates STAMPED APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 101 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ROJAS ESTATES, BLOCK A, LOT 1, MINOR PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, David Surdukan has submitted an application for the approval of the Rojas Estates, Block A, Lot 1, Minor Plat NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Minor Plat. The City Council hereby approves the Rojas Estates, Block A, Lot 1, Minor Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of August 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 102 of 256 COUNTY ROAD 424COUNTY ROAD 511SAM RAYBURN MEMORIAL HWYS CHURCH ST COUNTY ROAD 509WHITE OAK CIR PRIVATE ROAD 5603COUNTY ROAD 513 Proposed Site Parcels City Limits ETJ ¯ 0 750 1,50 0375FeetJuly 2020 L:\Planning & Development\Project Review\Rojas Estates\Locators\Agenda M ap.mxd Minor Plat- Rojas Estates Block A, Lot 1 Page 103 of 256 EXHIBIT A APPROVED August 11, 2020CITY COUNCIL CITY OF ANNAAPPROVEDJuly 6, 2020PLANNING DEPARTMENTCITY OF ANNAPage 104 of 256 Item No. 5.l. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Replat for Victoria Falls Center Addition, Block A, Lot 1R. (Director of Development Services, Ross Altobelli) SUMMARY: Shopping Center on one lot on 4.7± acres located on the east side of Victoria Falls Drive, 205± feet north of White Street. Zoned Planned Development-119-2003-General Commercial (PD-119-2003). The purpose of this replat is to modify the limits of the private drainage and detention easement. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.Replat Agenda Map 2.Exhibit A (RP) Victoria Falls Addn Lot 1 STAMPED 3.RESOLUTION - (RP) Victoria Falls Center Addition, Block A, Lot 1 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 105 of 256 Page 106 of 256 W WHITE ST PI N O A K T R L S FERGUSON PKWYHILLTOP DRAVERY POINTE DR WESTFALL DR LIVE OAK DRNIAGARA FALLS DRDEERCHASE DRWESTPARK DRVICTORIA FALLS DROAK HOLLOW LNW H I T E O A K R DPOST OAK TRLKAIE TEUR DRCEDAR TR L RIVER CROSSING DR HAWTHORNE RDSTANLEY FALLS DRLAURENBROOKE DRPINE KNOL L WAY SYCAMORE STB L A C K O A K C T S FERGUSON PKWYS FERGUSON PKWYProposed Site Parcels ¯ 0 250 500125Feet July 2020 L:\Planning & Development\Project Review\Victoria Falls Center Addition, Block A, Lot 1 RSP\Locators\Replat Agenda Map.mxd Replat- Victoria Falls Center Addition Block A, Lot 1R Page 107 of 256 LOT 1R, BLOCK A204,760 SF 4.701 ACKADLECK & ASSOCIATESPhone (214) 473-4640Toll Free (888) 937-5150TBPLS Firm Reg. No. 100743012740 Dallas Pkwy., Ste. 280Plano, TX 75093westwoodps.comWestwood Professional Services, Inc.a Division ofTBPE Firm Reg. No. 11756PRELIMINARY SURVEYNOT FOR RECORDING PURPOSESEXHIBIT A APPROVED August 11, 2020CITY COUNCIL CITY OF ANNAAPPROVEDJuly 6, 2020PLANNING DEPARTMENTCITY OF ANNAPage 108 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VICTORIA FALLS CENTER ADDITION, BLOCK A, LOT 1, REPLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, David Cox has submitted an application for the approval of the Victoria Falls Center Addition, Block A, Lot 1, Replat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Approval of Development Plat. The City Council hereby approves the Victoria Falls Center Addition, Block A, Lot 1, Replat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of August 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 109 of 256 Item No. 5.m. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Approve a Resolution approving the Revised Site Plan for Victoria Falls Center Addition, Block A, Lot 1R. (Director of Development Services, Ross Altobelli) SUMMARY: Shopping Center on one lot on 4.7± acres located on the east side of Victoria Falls Drive, 205± feet north of White Street. Zoned Planned Development-119-2003-General Commercial (PD-119-2003). The purpose for this revised site plan is to provide additional parking spaces. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1.Site Plan Agenda Map 2.Exhibit A (RSP) Victoria Falls Addn Lot 1 STAMPED 3.RESOLUTION - (SP) Victoria Falls Center Addition, Block A, Lot 1 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 110 of 256 W WHITE ST PI N O A K T R L S FERGUSON PKWYHILLTOP DRAVERY POINTE DR WESTFALL DR LIVE OAK DRNIAGARA FALLS DRDEERCHASE DRWESTPARK DRVICTORIA FALLS DROAK HOLLOW LNW H I T E O A K R DPOST OAK TRLKAIE TEUR DRCEDAR TR L RIVER CROSSING DR HAWTHORNE RDSTANLEY FALLS DRLAURENBROOKE DRPINE KNOL L WAY SYCAMORE STB L A C K O A K C T S FERGUSON PKWYS FERGUSON PKWYProposed Site Parcels ¯ 0 250 500125Feet July 2020 L:\Planning & Development\Project Review\Victoria Falls Center Addition, Block A, Lot 1 RSP\Locators\Site Plan Agenda Map.mxd Revised Site Plan- Victoria Falls Center Addition Block A, Lot 1R Page 111 of 256 WIRR CABSEX-MHRE = 715.57MAILTFL IN = 704.57FL OUT = 704.47WATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT WAT WAT WAT WAT WAT WAT WAT WAT WAT WAT WAT WATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN SANPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGPUGWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT WAT WAT WAT WATWAT WAT GASGASGASGASGASGASGASGASGASGAS710715707708709711712713714710715707708709711712713714710707708709711712713716716 716 716 716716716715714 716716720718 7197 2 1 722 718719720717716716707708707710 707708707713715714714715714714715716708714714 65.00'149.00'21.23'443.65'65.00'484.33'55.63'189.67'24.0'9.0'(TYP.)9.0'(TYP.)18.5'18.0'9.0'20'9.0'18.0'24.0'24.0'EX. 14 SPACESEX. 14 SPACESEX. 9 SPACESEX. 9 SPACESEX. 5 SPACESEX. 14 SPACESEX. 12 SPACESEX. 6 SPACESEX. 4 SPACESEX. 13 SPACES EX. 13 SPACES EX. 13 SPACES EX. 13 SPACES EX. 13 SPACES EX. 13 SPACES EX. 9 SPACES EX. 4 SPACESEX. 5 SPACESPROP. 11 SPACESPROP. 1SPACEPROP. 13 SPACES PROP. 13 SPACESPROP. 11 SPACESPROP. 2SPACESPROP. 8 SPACESLALALALALALALALALALALALALALALALALAPROPOSED CONCRETE PAVEMENT EXISTING CONCRETE PAVEMENT EXISTING CONCRETE PAVEMENT EXISTING CONCRETE PAVEMENT EXISTING CONCRETE PAVEMENT EXISTINGCONCRETEPAVEMENTEXISTINGCONCRETEPAVEMENTEXISTINGCONCRETEPAVEMENTEXISTINGCONCRETEPAVEMENTEXISTINGCONCRETEPAVEMENTPROP. PRIVATE DRIVE 24.0'24.0'9.0'18.5'9.0'27.8'27.8'20.0'9.0'20.0'9.0'9'18'R100.0'R250.0'R5.5'24.0' F.C.209.0'139.0'24.0' F.C.99.0'24.0' F.C.48.0' F.C.447.9'R29.5'R29.5'R29.5'R29.5'R29.5'R29.5'R29.5'R29.5'9.0'9.0'9.0'18.5'9.0'9.0'9.0'18.5'EX. ACCESSIBLE PARKINGSPACEEX. ACCESSIBLE PARKINGSPACEEX. ACCESSIBLE PARKINGSPACEEX. FIRE HYD.EX. FIRE HYD.EX. FIRE HYD.EX. FIRE HYD.EX. FIRE HYD.EX. FIRE HYD.EX. FIRE HYD.EX. WATER CONNECTIONEX. 4" FDCEX. FIRE HYD.EX. SAN. SEWER MHEX. INLETEX. INLETEX. INLETEX. INLETEX. INLET2160.0'91.3'30.0'EX. INLETEX. INLETEX. INLETEX. INLETEX. INLETEX. HDWLEX. DUMPSTERENCLOSURE6' CONC. BRICKSCREENING WALLWITH 6' METAL GATE11.0'11.0'11.0'11.0'10.0'11.0'EX. DUMPSTERENCLOSURE6' CONC. BRICKSCREENING WALLWITH 6' METAL GATEEX. 6' SCREENINGWALLEX. 6' SCREENINGWALLEX. 6' SCREENINGWALLEX. RETAININGWALLEX. RETAININGWALLEX. RETAININGWALLEX. 6' SCREENINGWALLEX. RETAININGWALLEX. 6' EMERGENCYEXIT GATEEX. MONUMENTSIGNEX. MONUMENTSIGNEX. STOP SIGNEX. STOP SIGNEX. STOPSIGN12.0'23.9'12.0'EXISTING CONCRETE PAVEMENT EX.BFREX.BFREX.BFREX.BFREX.BFREX.BFR4.0'EX.BFREX.BFR4.0'EX.BFREX.BFREX.BFR5.0' 5.0'4.04'PROP. 7 SPACESPROP.ACCESSIBLEPARKING SPACEEX. OUTLET STRUCTUREPOND AREAPROP.HEADWALLPROP. STONE RETAINING WALLHEIGHT VARIES 4.0' TO 7.0'PROP. DRAINAGE &DETENTION ESMT.75.2'136.5'76.2'SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:HORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone(214) 473-46402740 Dallas Parkway, Suite 280Toll Free(888) 937-5150Plano, TX 75093TBPE FIRM REGISTRATION NO. F-11756TBPLS FIRM REGISTRATION NO. 10074301LLKLLKHIRN:\0008328.00\DWG\CIVIL 06-2020\0008328-C-SP.DWG CITY OF ANNA, COLLIN COUNTY, TEXAS07/27/20VICTORIA FALLS CENTER ADDITIONREVISED SITE PLAN4100 VIRGINIA PARKWAYMCKINNEY, TEXAS 75070VICTORIA FALLS CENTER ADDITION1.0307/08/20ROBERT RICHARDSON© 2020 Westwood Professional Services, Inc.EXISTING UTILITIES AND UNDERGROUND FACILITIES INDICATED ON THESE HAVE BEEN LOCATED FROM REFERENCE INFORMATION. IT SHALL BE THERESPONSIBILITY OF THE CONTRACTOR TO VERIFY BOTH HORIZONTALLY A VERTICALLY THE LOCATION OF ALL EXISTING UTILITIES AND UNDERGROU FACILITIES PRIOR TO CONSTRUCTION, TO TAKE NECESSARY PRECAUTIONS TO PROTECT ALL FACILITIES ENCOUNTERED. THE CONTRACTOR SHALL PR AND PROTECT ALL EXISTING UTILITIES FROM DAMAGE DURING CONSTRU CAUTION !!!EXISTING UTILITIES0'30'60'90'1" = 30'30'PROJECT NUMBER: 0008328.02LEGENDFACE OF CURBBARRIER FREE RAMPRADIUSEXISTING FIRE LANERFCBFRTYPICALTYP.LOT 1R,BLOCK AREVISED SITE PLANLOT 1R, BLOCK AVICTORIA FALLS CENTER ADDITIONA 4.701 ACRE TRACT IN THEFRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA, COLLIN COUNTY, TEXASPREPARED JULY, 2020THE PURPOSE OF THIS REVISED SITE PLAN IS TO PROVIDE ADDITIONAL52 PARKING SPACES & MODIFICATION OF THE DETENTION BASINLANDSCAPE AREALAWATER VALVEOWNER:ROBERT RICHARDSON4100 VIRGINA PARKWAYMcKINNEY, TEXAS 75070(214)-802-2946ntxpipe@mindspring.com21TBM: Square with "X cut on top curb to curb inlet on thewest side of Victoria Falls Drive approximately 375 feetnorth of FM 455.Elevation 713.51TBM: Square with "x" cut on southeast corner of sidewalk,at the end of the sidewalk, on the west side of Kaie TeurDrive at the north property line of the subject property.Elevation 718.08PROPOSED RETAINING WALLPROPOSED INDEX CONTOUREXISTING INDEX CONTOUREXISTING INTERVAL CONTOURPROPOSED INTERVALCONTOUREXHIBIT A APPROVED August 11, 2020CITY COUNCIL CITY OF ANNAAPPROVEDJuly 6, 2020PLANNING DEPARTMENTCITY OF ANNAPage 112 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF 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 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, David Cox has submitted an application for the approval of the Site Plan of Victoria Falls Center Addition, Block A, Lot 1; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site Plan The City Council hereby approves the Site Plan of Victoria Falls Center Addition, Block A, Lot 1 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of August, 2020. ATTEST:APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Page 113 of 256 Item No. 5.n. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Review meeting minutes from the July 7, 2020 Planning & Zoning Commission meeting. (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: 1.07-06-2020 P&Z Minutes signed APPROVALS: Lauren Mecke, Planner II Created/Initiated - 8/4/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 114 of 256 Page 1 of 5 MINUTES PLANNING AND ZONING COMMISSION July 6, 2020 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on July 6, 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 7:00 p.m. Members present were Wayne Barton, Alonzo Tutson, Danny Ussery, Donald Henke, Brent Thomas, and Nick Rubits. Staff present were Ross Altobelli, Lauren Mecke, Olivia Demings, and Kevin Johnson with Clark McCoy present via Zoom. 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 Commissioner Callaham for his service to the community and welcomed new members, Nick Rubits and Brent Thomas. He also congratulated Commissioner Henke on his reappointment. 4. Location Map 5. Planning and Zoning Commission Training. Clark McCoy, City Attorney, was present via Zoom to present a brief training course to the commission covering zoning and platting, parliamentary procedure, and ethics. 6. Annual Planning and Zoning Commission Review A) Elect a Planning & Zoning Commission Chairman. A motion was made by Commissioner Barton, seconded by Commissioner Thomas to nominate Alonzo Tutson for Planning & Zoning Commission Chairman. Commissioner Henke, Commissioner, Barton, Commissioner Thomas, Commissioner Rubits, and Commissioner Ussery voted yes. Chairman Tutson abstained. B) Elect a Planning & Zoning Commission Vice-chairman. Page 115 of 256 Page 2 of 5 A motion was made by Commissioner Ussery, seconded by Chairman Tutson to nominate Wayne Barton for Planning & Zoning Commission Vice-chairman. Commissioner Henke, Chairman Tutson, Commissioner Thomas, Commissioner Rubits, and Commissioner Ussery voted yes. Commissioner Barton abstained. C) Elect a Planning & Zoning Commission Secretary. A motion was made by Commissioner Barton, seconded by Chairman Tutson to nominate staff for Planning & Zoning Commission Secretary. The vote in favor was unanimous. D) Review/Discuss/Action on additional items as necessary There were no additional items. 13. Consider/Discuss/Action on a recommendation for an alternative screening material. Applicant David Cox Mr. Altobelli gave a brief presentation and answered questions from the Commission. Screening requirements currently state that masonry or metal with landscaping is required. This is meant for ground screening. The Commission can grant this variance if it’s not a part of the site plan. This building has already been built and the variance will not affect health, safety, or public welfare. The applicant is proposing metal R-paneling. Staff is aware the ordinance will require updating on this subject. Commissioner Rubits asked if the paneling with be painted to match the building. David Cox, 1810 Lakeshore Court, McKinney, TX, property owner, was in attendance to respond that the paneling would not be painted but will be purchased in a matching color. Commissioner Ussery inquired about the wind/storm rating of the screening material. Mr. Cox responded that it would be up to standards. Commissioner Barton commented that the standard is typically 90 mph. Commissioner Henke added that the R-paneling was a very common solution. Commissioner Barton asked staff why the variance was brought before the Commission instead of the Zoning Board of Adjustments. Mr. Altobelli clarified that City Ordinance specifically states the variance request go before the Planning and Zoning Commission. Commissioner Barton asked the applicant why there was a variation in the presented height. Mr. Cox responded that this was for the designers to insure that the paneling properly hides the equipment. A motion was made by Commissioner Henke seconded by Chairman Tutson to recommend approval of the alternative screening material. The vote was unanimous. 7. Consider/Discuss/Action on a recommendation regarding the G2 Motorsports Park Addition, Block A, Lot 1, Development Plat. Applicant: Cecil A. Cheshier, P.E. Page 116 of 256 Page 3 of 5 Mr. Altobelli gave a brief presentation and answered questions from the Commission. The applicant is proposing to construct a motorsports park and site improvements. It is in the ETJ therefore the County will review, as well as, the Fire Marshall. Commissioner Rubits asked for clarification on why the plat was a consent item. Mr. Altobelli responded that the property is in the ETJ so staff reviews it for items such as a 25 ft setback and 40 ft of frontage but there is no zoning in the ETJ. Commissioner Henke noted that a development of this size could provide jobs and economic development. Commissioner Rubits inquired who would be responsible for paying if fire and emergency services were sent to the site. Councilman Nathan Bryan was present on behalf of the City Council and responded that the owners will receive a bill for services rendered. Commissioner Thomas verified that because the item has staff approval he can safely assume it meet city requirements. Ms. Mecke further informed the Commission that a development plat is not filed with the County. A motion was made by Commissioner Henke seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 8. Consider/Discuss/Action on a recommendation regarding The KCM Addition, Block A, Lot 1, Development Plat. Applicant: David Surdukan Located in the ETJ and in order for the owners to get building permits they are completing the development plat process. A motion was made by Commissioner Thomas seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 9. Consider/Discuss/Action on a recommendation regarding the Mangum Addition, Block A, Lots 1 and 2, Final Plat. Applicant: David Surdukan Located in the ETJ, applicants are proposing a final plat to create 2 lots. They have R.O.W. frontage. Commissioner Barton expressed concern that one lot was almost all in the flood plain but clarified that the County was the flood plain administrator for the ETJ. Commissioner Henke confirmed with staff that there was access to the second lot. Commissioner Henke also made known he was social acquaintances with the property owner. He was not asked to abstain from the vote because there were no conflicts of interest in knowing the owner. Page 117 of 256 Page 4 of 5 A motion was made by Commissioner Thomas seconded by Commissioner Ussery to recommend approval of the final plat. The vote was unanimous. 10. Consider/Discuss/Action on a recommendation regarding the Pecan Grove, Phase II, Amending Plat. Applicant: Pecan Grove Phase II Ltd. The purpose of this plat is correct scriveners’ error in the legal description to show correct metes and bounds. Commissioner Rubits and Commissioner Thomas confirmed with staff that the plat was solely to correct scriveners’ errors and would not change the setbacks. A motion was made by Commissioner Ussery, seconded by Commissioner Thomas to recommend approval of the amending plat. The vote was unanimous. 11. Consider action to approve minutes of the June 1, 2020 Planning and Zoning meeting. Chairman Tutson thanked staff for detailed minutes. A motion was made by Commissioner Barton to approve the minutes, seconded by Commissioner Henke. Commissioners Barton, Henke, Thomas and Ussery, and Chairman Tutson voted yes. Commissioner Rubits abstained. 12. A) Conduct a public hearing regarding the Anna Crossing, Phase 7, Block 3, Lots 1R-5R, Replat. Applicant: Bannister Engineering Applicant is abandoning the 25 ft building on Cody Drive. They will gain 5 ft of buildable area in the back yard of the lots and will maintain 20 ft rear yards. B) Consider/ Discuss/ Action on a recommendation regarding the Anna Crossing, Phase 7, Block 3, Lots 1R-5R, Replat. It was clarified for the Commission by staff that homeowners would not be able to access the property off of Cody Drive. Commissioner Barton stated that he had concerns in the past and still does about the block length. Ms. Mecke added that one response in favor of the replat was received from D.R.Horton. The public hearing was closed at 8:45 p.m. A motion was made by Commissioner Rubits seconded by Chairman Tutston to recommend approval of the replat. The vote was unanimous. 14. Adjourn Commissioner Thomas thanked the veteran members of the Commission and staff for making him feel welcomed and expressed that he was looking forward to working with everyone. A motion was made by Commissioner Rubits seconded by Commissioner Henke to adjourn the meeting. The vote was unanimous. The meeting adjourned at 8:57 p.m. Page 118 of 256 Page 119 of 256 Item No. 5.o. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Jeff Caponera AGENDA ITEM: Approve a Resolution authorizing the City Manager to renew the Agreement between the City of Anna Police Department and Defense Logistics Agency for the no cost acquisition of surplus military equipment. (Police Chief, Jeff A. Caponera) SUMMARY: The Law Enforcement Support Office (LESO) or LESO Program, facilitates 10 US Code 2576a, which originated from the National Defense Authorization Act of Fiscal Year 1997. This law allows transfer of excess Department of Defense property (equipment) that might otherwise be destroyed to law enforcement agencies across the United States and its territories. No equipment is purchased for distribution. All items were excess which had been turned in by military units or had been held as part of reserve stocks until no longer needed. Since its inception, the program has transferred more than $6.9 Billion worth of property. In Fiscal Year 2018, $276 Million worth of property (based on initial acquisition cost) was transferred to law enforcement agencies. Requisitions cover the gamut of items used by America’s military -- clothing and office supplies, tools and rescue equipment, vehicles, rifles, and other small arms. Of all the excess equipment provided through the program, only five percent are small arms and less than one percent are tactical vehicles. More than 8,000 law enforcement agencies have enrolled in the program. Anna has been enrolled in this program since 2018 and would like to continue to be a partner. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City Page 120 of 256 STAFF RECOMMENDATION: Approve ATTACHMENTS: 1.Resolution for 1033 Program 2.Application Packet for LEOS Program_2020 APPROVALS: Jeff Caponera, Police Chief Created/Initiated - 8/3/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 121 of 256 RESOLUTION NO. _______PAGE 1 OF 2 AGREEMENT FOR LESO PROGRAM CITY OF ANNA, TEXAS RESOLUTION ________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS GRANTING APPROVAL AND RENEWAL OF THE APPLICATION FOR CONTINUED PARTICIPATION IN THE LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM WITH DEFENSE LOGISTICS AGENCY AND APPROVAL OF THE STATE PLAN OF OPERATIONS WITH THE STATE OF TEXAS TO UTILIZE MILITARY SURPLUS PROPERTY AT NO COST TO THE CITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, participation in the Law Enforcement Support Office (LESO) Program (formerly known as 1033 Program) with Defense Logistics Agency allows the Anna Police Department (Department) to acquire and use, at no cost to the City, surplus military equipment in the furtherance of the Department’s Mission; and WHEREAS, the Secretary of Defense (Secretary) is authorized by 10 USC § 2576a to transfer to State Law Enforcement Agencies, personal property that is excess to the needs of the Department of Defense (DOD) and that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug / counter- terrorism or border security activities; and WHEREAS, under the terms of the State Plan of Operations (Agreement), the Department will acquire and retain excess equipment owned by the DOD for the purposes set forth in the Agreement (Exhibit A); and WHEREAS, the Council finds and determines that the Agreement furthers the Department’s Mission and the City's public purpose of protecting the health, safety and welfare of Anna's citizens and the public; and WHEREAS, the Council finds that the Agreement provides sufficient safeguards to assure that all value provided by the City under the Agreement will be used solely for a public purpose; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2.Approval of Agreement The Council hereby approves the Application and Agreement attached hereto as Exhibit A incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. Page 122 of 256 RESOLUTION NO. _______PAGE 2 OF 2 AGREEMENT FOR LESO PROGRAM PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day of August, 2020. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary Carrie L. Smith Mayor Nate Pike Page 123 of 256 Services Site. FULL-TIME: PART-TIME: DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH BATTLE CREEK, MICHIGAN 49037-3092 Law Enforcement Support Office (LESO)Application for Participation / Authorized Screeners Letter (This form is for State/Local Law Enforcement Agencies only) Page 1 of 2 *City: *#1 POC (Aircraft/Small Arms/Vehicle) *Last Name #2 *Last Name POC (Aircraft/Small Arms/Vehicle) #3 #4 *Last Name POC (Aircraft/Small Arms/Vehicle) *Last Name POC (Aircraft/Small Arms/Vehicle) *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Official Title / Rank *First Name *Email *Phone Number *Full-time:*Part-time: Agency MUST have at least 1 full-time officer to participate in the program. Indicate the number of compensated officers with arrest and apprehension authority. Part-time field MUST be filled in: N/A, 0 or - is acceptable. RTD Screener - RTD Screeners must be employed by the aforementioned LEA. Individuals identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTD Screener. *Phone #: (Application Version: Oct 11, 2018) *Originating Agency Identifier (ORI) Number (if applicable) *Email:Note: Email is needed for automated system notifications. *NCIC P.O. Box or address (if different than above i.e. Terminal Location): *State: *Indicates Required Fields SECTION 1: *Agency Name: *Agency Physical Address: *Zip Code: Fax #: Page 124 of 256 Page 2 of 2 *LESO Authorized Signatory:*Screener letter is valid one year from this date: *SIGNATURE LESO Notes: (Application Version: Oct 11, 2018 *PRINTED NAME FIRST & LAST *SIGNATURE *DATE SECTION 3: *TITLE *EMAIL *PRINTED NAME: FIRST & LAST *SIGNATURE *DATE SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY Law Enforcement Agency/Activity - The LESO Program defines this as a Governmental agency/activity whose primary function is the enforcement of applicable Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all information contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address changes or 3. RTD Screener additions/deletions. I am signing this document as the CLEO of this law enforcement agency. In my official position or as Acting/Interim, I am authorized to sign documents on behalf of the CLEO for this agency. If checked, please provide current department policy or Memorandum that provides such signature authority to the individual holding that official position. *(Check only one): * SECTION 4: RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). In accordance with the aforementioned reference, the LESO Program authorizes the individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by authorized LESO signatory. Only two individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened and approved for transfer. *This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement Agency/Activity" as described in section 2. I certify that all information contained in this application is valid and accurate. By signing this application, I certify that my Agency will comply with U.S. Code 2576a for all controlled property, which states; With the authorization of the relevant local governing body or authority, that my agency has adopted publically available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. I certify under penalty of perjury that the foregoing is true and correct. Making a false statement may result in judicial actions or prosecution under 18 USC § 1001. Note: Once this screener letter has expired, agency can request a new screener letter (LESO AUTHORIZATION SCREENER LETTER, v.MARCH 2018) only through their SC/SPOC. ________________________________ ________________________________________________________________________________________________ ________________ _______________________________________________________________ _______________________________________________________________________________________________________________________ Mike Lesko Page 125 of 256 1 Version; July 2018 STATE PLAN OF OPERATION BETWEEN THE STATE OF TEXAS AND THE _________________________________________ I. PURPOSE This State Plan of Operation (SPO) is entered into between the State of Texas and the __________________________________, to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DoD) personal property transferred under 10 U.S.C. § 2576a in order to promote the efficient and expeditious transfer of property and to ensure accountability of the same. II. AUTHORITY The Secretary of Defense is authorized by 10 U.S.C. § 2576a to transfer to Federal and State/Territory Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug/counter-terrorism or border security activities, under such terms prescribed by the Secretary. The Secretary of Defense has delegated authority for management of this Program to the Defense Logistics Agency (DLA). DLA defines law enforcement activities as activities performed by governmental agencies whose primary function is the enforcement of applicable Federal, State/Territory, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. This program is known as the Law Enforcement Support Program and commonly referred to as the “LESO Program” or “1033 Program” and is administered by DLA Disposition Services, Law Enforcement Support Office (LESO). III. GENERAL TERMS AND CONDITIONS A. Operational Authority The Governor of the State of Texas has designated in writing with an effective date of August 31, 2018 to implement this program statewide as well as conduct management and oversight of this program. Funding / Budgeting to administer this program is provided by the Department of Public Safety of the State of Texas. The provided funding is used to support assistance to the LEAs with customer service to include computer / telephone assistance and physical visits to the LEAs to assist with acquiring access to the LESO Program. The staffing to provide the support to the LEAs within the State of Texas is as follows: State Coordinator (SC): Mike Lesko State Point of Contact (SPOC): Rolando Ayala Page 126 of 256 2 Version; July 2018 State Point of Contact (SPOC): Laurie Patterson State Point of Contact (SPOC): John Riddick The following is the facility / physical location and business hours to provide customer service to those LEAs currently enrolled, as well as interested participants of the LESO Program: Agency Address / Location: 5805 N. Lamar Blvd, Austin, Texas 78752 E-Mail / Contact Phone Numbers: txlesoprogram@dps.texas.gov (512) 424-7590 Hours of Operation: 7:00 am – 5:00 pm B.All property is transferred and the recipient (LEA name) ______________________________________ agrees to accept property on an as-is, where-is basis. The DLA has final authority to determine the type, quantity, and allocation of excess DoD personal property suitable for law enforcement activities. C.This agreement creates no entitlement to the State or Territory to receive excess DoD personal property. DLA retains the right to recall any property during the period that it is conditionally transferred. D.The (LEA name) _________________________________ understands that property made available under this agreement is for the use of authorized program participants only. Authorized participants who receive property from the LESO Program will not loan, donate, or otherwise provide property to other groups or entities that are not otherwise authorized to participate in the Program. Authorized participating agencies may, with prior approval from the State/Territory on a temporary basis, conditionally loan property to another participating agency as their mission requires, utilizing an Equipment Custody Receipt (ECR). Property temporarily loaned will be returned to the LEA responsible for the accountability. All requests for property will be based on bona fide law enforcement requirements. E.Controlled property (equipment) includes any property that has a Demilitarization (DEMIL) Code of B, C, D, E, F, G, and Q3. To receive such property, on an annual basis the LEA will certify (Ref: 10 U.S. Code § 2576a): 1)That it has obtained the authorization of the relevant Civilian Governing Body Official (city council, mayor etc.) to participate in the program. 2)That it has adopted publicly available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies. 3)That it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. F.The (LEA name) ________________________________ will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk of loss Page 127 of 256 3 Version; July 2018 or theft. G. Upon approval of written requests, cannibalization may be performed on approved aircraft, armored vehicles, and High Mobility Multipurpose Wheeled Vehicles (HMMWVs). Requests will be submitted in writing to the State and approved by the LESO for approval. The cannibalized end item must be returned to DLA Disposition Services within the allotted timeframes determined by the LESO. H. The LESO conditionally transfers all excess DoD property to States/Territories/LEAs enrolled in the LESO Program. Title or ownership of controlled property will remain with the DoD in perpetuity and will not be relinquished to the States/Territories/LEAs. When the States/Territories/LEAs no longer have a legitimate law enforcement use for controlled property, the States/Territories/LEAs will notify the LESO and the controlled property must either be transferred to another enrolled LEA (via standard transfer process) or returned to DLA Disposition Services for disposal. The LESO reserves the right to recall controlled and non-controlled property issued through the DLA at any time. I. Property with a DEMIL Code of “A” and “Q” with an Integrity Code of “6” (Q6) is also conditionally transferred to the State/LEA, yet controlled for one year from the ship date. However, after one year from the ship date, the DLA will relinquish ownership and title to the State/Territory/LEA. Prior to this date, the State/Territory/LEA remains responsible for the accountability and physical control of the item(s) and the Program retains the right to recall the property. 1) Property with DEMIL Codes of “A” and “Q6” will be placed in a closed status on the LEA’s LESO inventory upon meeting the one year mark. 2) Once closed, the property is no longer subject to the annual inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). 3) Ownership and title of DEMIL “A” and “Q6” items that have been closed will pass from the DoD to the LEA one year from the ship date, without issuance of any further documentation. 4) LEAs receive title and ownership of DEMIL “A” and “Q6” items as governmental entities. Title and ownership of DEMIL “A” and “Q6” property does not pass from DoD to any private individual or LEA official in their private capacity. Accordingly, such property should be maintained and ultimately disposed of in accordance with provisions in State/Territory and local laws that govern public property. Sales or gifting of DEMIL“A” and “Q6” property after one year from the ship date in a manner inconsistent with State/Territory or local law may constitute grounds to deny future participation in the LESO Program. 5) An SF 97 form will be provided upon physical transfer for vehicles. Recipients are authorized to make upgrades to vehicles during the one year conditional period. Full title to DEMIL “A” and “Q6” property, including vehicles, will vest in the recipient after one year if all other requirements of this agreement have been met. After the one year period DEMIL “A” and “Q6” items may be transferred, cannibalized for usable parts, sold, donated or scrapped. J. LEAs are not authorized to transfer any property on their inventory without State and LESO notification and approval. Property will not physically move until the LESO approval process is Page 128 of 256 4 Version; July 2018 complete. K. Certain controlled equipment will have a documented chain of custody (e.g., Equipment Custody Receipt [ECR] or equivalent), including a signature of the recipient. Controlled equipment requiring a chain of custody are: small arms, aircraft, high profile vehicles, optics, robots, and small arm’s parts/accessories. It is encouraged to utilize ECRs for all controlled equipment. Regarding ECRs during a LESO PCR, see section VI, A, 4. L. Sale or transfer of DEMIL Codes “A” or “Q6” property after the one year conditional holding and utilization period to non-LEA participants will be executed in compliance with U.S. Export Control Regulations. 1) Excess personal property may be export-controlled, regardless of the assigned DEMIL Code and regardless of the Department or Agency that donates the property. 2) DEMIL Codes are not a substitute for export controls. They do not provide information on the export control requirements for an item. 3) The Transferee is responsible for complying with U.S. Export Control Laws and Regulations, including the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Pts. 120-130). a) This responsibility exists independent of, and is not established or limited by, the information provided in this statement of compliance. b) The responsibility includes, but is not limited to, determining the subsequent transferee’s eligibility to receive such items in accordance with U.S. Export Control Laws and Regulations. c) Information on the EAR and ITAR are at: https://www.bis.doc.gov/index.php and https://www.pmddtc.state.gov/index.html. d) Tips: i. If Transferee has doubts about which regulation governs control of the item, they may submit a commodity jurisdiction request to the Department of State, Directorate of Defense Trade Controls to determine whether it is subject to the ITAR or EAR. Information on commodity jurisdiction requests can be found at: http://www.pmddtc.state.gov/commodity_jurisdiction/index.html. ii. If Transferee is sure the item is subject to the EAR, but needs help determining the correct Export Control Classification Number (ECCN), they may submit a commodity classification request to the Department of Commerce, Bureau of Industry and Security (BIS). Information on classification requests can be found at: https://www.bis.doc.gov/index.php/licensing/commerce-control-list- classification/classification-request-guidelines Page 129 of 256 5 Version; July 2018 iii. For items subject to the EAR: Transferee is cautioned that prior to sale or transfer of items they should be familiar with their customer and intended end use of the items. Transferees must check prospective Transferees/buyers to ensure they are not on the Department of Commerce List of Parties of Concern (https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of- concern) and the transfer/sale complies with the EAR, including 15 C.F.R. Prt. 736. BIS Export Compliance Guidelines are at: https://www.bis.doc.gov/index.php/forms-documents/pdfs/1641-ecp/file 4) The Transferee must notify all subsequent buyers or Transferees in writing, of their responsibility to comply with U.S. Export Control Laws and Regulations. 5) Definition. “Export-controlled items,” as used in this statement of compliance, means items subject to the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) or the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Pts. 120-130). The term includes: a) “Items,” defined in the EAR 15 C.F.R. Pt.772.1. as “commodities”, “software”, and “technology.” b) “Defense Articles, Defense Services, and related Technical Data defined in the ITAR, 22 C.F.R. Pt. 120. IV. ENROLLMENT A. An LEA will have at least one full-time law enforcement officer in order to enroll and/or receive property via the LESO Program. Only full-time and part-time law enforcement officers are authorized to receive property. Non-compensated reserve officers are not authorized to receive property. State law enforcement training facilities/academies may be authorized to participate in the program given the primary function is the training of bona fide State/Territory and Local law enforcement officers. Law enforcement training facilities/academies will be reviewed and approved for participation on a case-by-case basis via concurrence of DLA Disposition Services, DLA General Counsel, and DLA J349. 1) The LEA will submit an updated Application Packet to the State Coordinator’s office no later than June 15 each year and/or any time there is a change in personnel or LEA contact information. Failure to do so may result in suspension and/or termination from the program. 2) Once approved for participation in the program, at least one of the LEA’s authorized screeners must attend a mandatory training class prior to any requests for property being approved. The class will be conducted free of charge to the LEA and will be held at a location determined by the State Coordinator’s office. Screeners who may have been previously employed by and screeners for other LEAs, might still be required to attend training as this training qualifies the agency, not the individual. 3) LEA transfer of responsibility – program property assigned to the LEA. A change in the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish responsibility from the LEA for properly maintaining existing program property in the LEA’s possession. If the new CLEO does not wish to be responsible for existing property, they will notify the State Coordinator’s office in writing that they wish to return the Page 130 of 256 6 Version; July 2018 property to their assigned Disposition Site and/or transfer it to a qualifying LEA. The new CLEO remains responsible for existing property until the property is officially transferred or returned. B. Unauthorized Participants. Nongovernmental law enforcement entities such as private railroad police, private security, private academies, correctional departments and prisons, or security police at private schools or colleges. Fire departments, by definition, are ineligible for the Law Enforcement Support Program. C. The State will: 1) Establish and implement the LESO Program eligibility criteria in accordance with 10 U.S.C. § 2576a, DLA Instructions and Manuals regarding the LESO Program, and this SPO. 2) Receive and process applications for participation from eligible LEAs within their state. 3) Collect originating agency identifier code for all new, reactivation (whether voluntary separation or termination), and otherwise suspicious applications. Originating agency identifier will be coordinated with DLA Office of the Inspector General (OIG) for validation against the Federal Bureau of Investigation’s National Crime Information Center database. 4) Ensure only authorized LEA applications for participation are submitted to the Program for approval. Applications are required by the LESO Standard Operating Procedures (SOP) to be submitted within 30 days of both the CLEO’s and the State’s/Territory’s approved signature and date. 5) Validate the authenticity of the LEAs within their State/Territory that are applying for participation. If the State/Territory forwards an unauthorized participant application, this may result in a formal suspension of the State/Territory. 6) Determine the qualifications of a full-time law enforcement officer. 7) Have sole discretion to disapprove LEA applications on behalf of the Governor of their State/Territory. The LESO should be notified of any applications disapproved at the State/Territory level. The State/Territory will only forward and recommend/certify LEAs to the LESO that are government agencies whose primary function is the enforcement of applicable Federal, State/Territory, and local laws and whose compensated officers have the powers of arrest and apprehension. The LESO retains final approval/disapproval authority for all LEA applications forwarded by the States/Territories. 8) Ensure LEAs enrolled in the Program update the LEA’s account information annually, or as needed. This may require the LEA to submit an updated application. Updated applications are required to be submitted for, but are not limited to, the following reasons: a change in CLEO, the addition or removal of a screener, and/or a change in the LEA’s address or contact information. 9) Provide a comprehensive overview of the Program to all LEAs once they are approved for enrollment. This comprehensive overview will be done within 30 days of an LEA Page 131 of 256 7 Version; July 2018 receiving the LESO’s approval to participate. 10) Ensure that screeners of property are employees of the LEA. A screener may only screen property for two Law Enforcement Agencies. Contractors may not conduct screening on behalf of the LEA. 11) Ensure at least one person per LEA maintains access to the Federal Excess Property Management Information System (FEPMIS), or current property accounting system. Account holders will be employees of the LEA. V. ANNUAL INVENTORY REQUIREMENTS A. Per the DLA Instructions and Manuals regarding the LESO Program and this SPO, each State/Territory is required to conduct an annual physical inventory certification of all property on the inventory. Annual inventories start on July 1 of each year and end August 31 of each year. 1) DEMIL “A” and “Q6” property records will not be closed during the annual inventory. B. The State will: 1) Receive and validate incoming certified inventories and reconcile inventories from the LEAs. 2) Ensure LEAs validate and provide serial numbers and photos identified during the annual inventory process for inclusion in the LESO property accounting s ystem for all aircraft, armored vehicles, small arms and other unique items, as required. 3) Suspend a LEA as a result of the LEA’s failure to properly submit certified inventories, according to the aforementioned requirements. C. The LEA will: 1) Complete and certify the annual physical inventory as required for continued participation in the program. 2) Adhere to additional annual certification requirements as identified by the LESO. All inventories and certification statements will be maintained on file indefinitely. a) The State requires each LEA to submit certified inventories for their agency by August 31 of each year. Inventory certification in FEPMIS will begin July 1 of each year. This gives the LEA two (2) months to physically inventory DLA LESO Program property in their possession and submit their certified inventories to their State Coordinator. b) In addition to the certified inventories, the LESO requires photographs for all High-profile commodities identified as aircraft, armored vehicles, small arms, and other unique items as required, received through the Program. Page 132 of 256 8 Version; July 2018 i. The LESO requires a side and data plate photo for aircraft and vehicles that are serial number controlled, received through the Program. ii. The LESO requires serial number photos for each small arm received through the Program. c) LEAs that fail to submit the certified annual inventory by August 31 may be suspended from operations within the Program. When a LEA is suspended, a Corrective Action Plan (CAP) will need to be submitted to the State and LESO identifying all actions taken to correct the deficiencies. Further failure to submit the certified annual inventory may result in a LEA’s termination. 3) Be aware that High-profile commodities (aircraft, armored vehicles and small arms) and other property may be subject to additional controls. 4) Ensure that an approved current SPO is uploaded in FEPMIS. VI. PROGRAM COMPLIANCE REVIEWS A. The LESO conducts a PCR for each State/Territory that is enrolled in the LESO Program every two (2) years. The Program reserves the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a more frequent basis for any State/Territory. LESO PCRs are performed in order to ensure that State Coordinators, SPOCs, and all LEAs within a State/Territory are compliant with the terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instruction and Manuals regarding the LESO Program, and this SPO. 1) If a State/Territory and/or LEA fails a PCR, the LESO will immediately suspend their operations and will subsequently issue corrective actions (with suspense dates) to the State Coordinator, which will identify what is needed to rectify the identified deficiencies within his/her State/Territory. 2) If a State/Territory and/or LEA fails to correct identified deficiencies by the given suspense dates, the LESO will move to terminate the Program operations within the State/Territory and/or LEA. 3) States/Territories and/or LEAs which fail a program compliance review will be suspended for a minimum of 60 days and will not be reinstated until DLA conducts a re-inspection on the State/Territory and the State/Territory and/or LEA successfully passes the inspection. 4) During a LESO PCR, it is the Program’s intent to physically inventory 100% of property selected for review at each LEA. The use of ECRs in lieu of physical inspection is discouraged during PCRs. B. The State/Territory will: 1) Support the LESO PCR process by: Page 133 of 256 9 Version; July 2018 a) Coordinating and forwarding completed PCR daily events schedule to the selected LEAs to be reviewed. b) Contacting LEAs selected for review via phone and email to ensure they are aware of the PCR schedule and prepared for review. c) Receiving inventory selections from the LESO and forwarding them to the selected LEAs. d) Ensuring the LEA Points of Contact (POCs) gather the selected items in a central location to ensure the LESO can efficiently inventory the items. e) Providing additional assistance to the LESO as required, prior to, during, and upon completion of the PCR. 2) Conduct internal PCRs of LEAs participating in the Program in order to ensure accountability, program compliance, program eligibility and validate annual inventory submissions are accurate. The State/Territory will ensure an internal PCR of at least 5% of LEAs that have a property book from the LESO Program within his/her State/Territory is completed annually. Results of internal PCRs will be kept on file at the State Coordinator’s Office. a) The internal PCR will include, at minimum: i. A review of the SPO signed by both parties, ensuring that the SPO is uploaded into the Station Management Utility within FEPMIS. ii. A review of the LEA’s application/screener letter. iii. A physical inventory of DLA LESO Program property selected for review at each LEA. iv. A specific review of each selected LEA’s files for the following: DD Form 1348-1A for each item currently on inventory, small arms documentation, transfer documents, turn-in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any), or other pertinent documentation as required. v. Review and confirm authenticity and eligibility of the LEA. b) For uniformity purposes, the State/Territory will utilize a PCR checklist provided by the LESO, or equivalent. c) In cases that require a repossession or turn-in of property, the State/Territory and/or LEA will bear all expenses related to the repossession and/or turn- in/transfer of DLA LESO Program property to the appropriate DLA Disposition Services site. Page 134 of 256 10 Version; July 2018 VII. REPORTING REQUIREMENTS FOR LOST, STOLEN, OR DESTROYED DLA LESO PROGRAM PROPERTY A. All property Lost, Stolen or Destroyed (LSD), carried on a LEAs current inventory, must be reported to the LESO. 1) LSD controlled property must be reported to the LESO within 24 hours. The LEA may be required to provide the following: a) A comprehensive police report b) A National Crime Information Center (NCIC) report/entry 2) The State/Territory will provide the contact information for the Civilian Governing Body over the LEA involved, to include: Title, Name, Email and mailing address. 3) LSD property with a DEMIL Code of “A” and “Q6” must be reported to the LESO within seven days. 4) All LEAs participating in the program will agree to cooperate with investigations into LSD by the DLA OIG. 5) A DD 200 Form, Financial Liability Investigation for Property Loss (FLIPL) will be required to be submitted to the LESO for all unaccounted for property. B. LESO may grant extensions to the reporting requirements listed above on a case-by-case basis. VIII. AIRCRAFT AND SMALL ARMS A. All aircraft are considered controlled property, regardless of DEMIL Code. The SPO will ensure that all LEAs and all subsequent users are aware of, and agree to provide, all required controls and documentation in accordance with applicable laws and regulations for these items. B. LEAs no longer requiring small arms issued through the LESO Program will request authorization to transfer or turn-in small arms. Transfers and turn-ins will be forwarded and endorsed by the State/Territory, and approved by the LESO. Small arms will not physically move until the LESO provides official notification that the approval process is complete. When returning small arms to Anniston Army Depot, LEAs are required to: 1) Provide the 1348-1A turn in document that has been approved through the LESO. 2) Provide an appointment letter signed by the CLEO, or their designee, appointing the certifier and verifier to that position (found on the LESO website). 3) Provide the inert certificate that has been signed by a qualified certifier and verifier. Page 135 of 256 11 Version; July 2018 4) Insert a flag safety or chamber flag into the chamber for visual verification that the small arm is clear of ammunition. 5) The aforementioned documentation will be placed in a packing slip affixed to the outside of the shipping container. A duplicate set of documents will be placed inside the shipping container. C. Small arms that are issued must have a documented chain of custody, with the chain of custody including a signature of the receiving officer indicating that he/she has received the appropriate small arm(s) with the correct, specified serial number(s). Small arms that are issued to an officer will be issued utilizing an Equipment Custody Receipt; this Custody Receipt obtains the signature of the officer/deputy responsible for the small arm. D. Modifications to small arms are authorized. All parts are to be retained and accounted for in a secured location under the original serial number for the small arm until final disposal. If the modified small arm is transferred to another LEA, all parts must accompany the small arm to the receiving LEA. E. Weapon Accountability. Law enforcement agencies that have multiple instances of a missing, lost, or stolen LESO Program small arm within a five year window will be assessed by DLA Disposition Services to determine if a systemic problem exists. 1) First Instance of Loss/theft: Will result in a 60 day minimum suspension. 2) Second Instance of Loss/theft: Will result in a 180 day minimum suspension. 3) Third Instance of Loss/theft: Will result in a 240 day minimum suspension. DLA Disposition Services will submit a formal assessment presenting all the facts of the instances of loss, relevant data, and evidence as to whether a systemic problem exists to DLA J34 for review and coordination. DLA Disposition Services will recommend potential disciplinary actions which could include recalling the agency’s loaned small arms or termination from the Program. F. Aircraft and small arms will not be obtained by any authorized participant for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and will be returned to the LESO at the end of their useful life. IX. RECORDS MANAGEMENT A. The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records in accordance with the DLA Records Schedule. Records for property acquired through the LESO Program have retention controls based on the DEMIL Codes. All documents concerning property record will be retained. 1) Property records for items with DEMIL Codes of “A” and “Q6” will be retained for two calendar years from the date the property is removed from the LEA’s property book before being destroyed. Page 136 of 256 12 Version; July 2018 2) Property records for controlled property will be retained for five calendar years from the date the property is removed from the LEA’s property book before being destroyed. 3) Environmental Property records will be retained for 50 years, regardless of DEMIL Code (Chemicals, Batteries, Hazardous Material/Hazardous Waste). 4) LESO Program files will be segregated from all other records. 5) All property records will be filed, retained, and destroyed in accordance with DLA Records Schedule. These records include, but are not limited to, the following: DD Form 1348-1A for approved requests for transfers, turn-ins, requisitions, and any other pertinent documentation and/or records associated with the LESO Program (e.g., approved Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC 8050-1). X. LESO PROGRAM ANNUAL TRAINING A. 10 U.S.C. § 280 provides that the Secretary of Defense, in cooperation with the U.S. Attorney General, will conduct an annual briefing of law enforcement personnel of each State/Territory (including law enforcement personnel of the political subdivisions of each State/Territory). The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the Department of Defense. B. The State will organize and conduct training pertaining to information, equipment, technical support and training available to LEAs via the LESO Program. C. The State/Territory will ensure at least one representative (such as the State Coordinator or SPOC) attend the annual training that LESO conducts. XI. PROPERTY ALLOCATION A. The State Will: 1) Upon receipt of a valid LEA request for property through the DLA Disposition Services RTD Website, give a preference to those requisitions indicating that the transferred property will be used in the counter-drug/counter-terrorism or border security activities of the recipient agency. Additionally, to the greatest extent possible, the State will ensure fair and equitable distribution of property based on current LEA inventory and LEA justifications for property. 2) The State and the LESO reserves the right to determine and/or adjust allocation limits. Generally, no more than one of any item per officer will be allocated. Quantity exceptions may be granted on a case-by-case basis by the LESO based on the justification provided by the LEA. Currently, the following allocation limits apply: a) Small Arms: one of each type for every qualified officer, full-time/part-time; Page 137 of 256 13 Version; July 2018 b) HMMWVs/Up-Armored HMMWVs: one vehicle for every three officers; c) MRAPs/Armored Vehicles: two vehicles per LEA; d) Robots: one of each type for every 25 officers 3) Additional justification may be required for small arms and armored vehicles. The LESO reserves final authority on determining the approval and/or disapproval for requests of specific types and quantities of excess DoD property. 4) Access the DLA Disposition Services RTD Website at a minimum of once daily (Monday - Friday) to review/process LEAs’ requests for excess DoD property. B. The LEA will: 1) Ensure an appropriate justification is submitted when requesting excess DoD property via the DLA Disposition Services RTD Website. 2) Access the Texas LESO website for timely and accurate guidance, information, and links concerning the LESO Program and ensure that all relevant information is reviewed. 3) When requesting property for counter-drug/counter-terrorism or border security activities, provide a justification that specifies that the property will be used for such activities. 4) Maintain access to FEPMIS to ensure the LEA is properly maintaining their property books, to include, but not limited to, transfers, turn-ins, and disposal requests. a) FEPMIS account holders must be employees of the LEA. XII. PROGRAM SUSPENSION & TERMINATION A. The State/Territory/LEA is required to abide by the terms and conditions of the DLA MOA and SPO in order to maintain active status. B. If a State Coordinator or LEA fails to comply with any terms of the DLA MOA, Federal statute or regulation, SPO, or a State MOA, the State and/or LEA may be placed on restricted status, suspended, and/or terminated from the Program. All suspension or termination notifications will be in writing and will identify remedial measures required for reinstatement, if applicable. 1) Suspension: A specified period of time in which an entire State/Territory or identified LEA(s) is prohibited from requesting and receiving additional property through the Program. Additional requirements for remedial action may also be placed on suspended activities, to include return of all or specifically identified controlled property. Suspensions will be for a minimum of 60 days. 2) Termination: Removal of a LEA or State from participating in the Program. The State Coordinator and/or identified LEAs will transfer or turn-in all controlled property previously received through the Law Enforcement Support Program at the expense of Page 138 of 256 14 Version; July 2018 the State and/or the LEAs. 3) Restricted Status: A specified period of time in which a State/Territory or LEA is restricted from receiving an item or commodity due to isolated issues with the identified commodity. Restricted status may also include restricting an agency from all controlled property. Restricted status is commonly used for agencies that have active consent decrees from the Department of Justice. C. The State will: 1) Suspend LEAs for a minimum of 60 days in all situations relating to the suspected or actual abuse of DLA LESO Program property or requirements and/or repeated failure to meet the terms and conditions of this SPO. Suspension may lead to termination. 2) Coordinate with the LESO, who will have final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic. 3) Issue corrective action guidance in coordination with LESO and the LEA with suspense dates to rectify issues and/or discrepancies that caused suspension and/or termination. 4) Require the LEA to submit results regarding all completed police investigations and/or reports regarding LSD DLA LESO Program property to include the LEA’s CAP. 5) Suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any terms of the SPO, the DLA Instruction and Manuals regarding the LESO Program, any Federal statute or regulation, or this State Plan of Operation. 6) In the event of a LEA termination, make every attempt to transfer the DLA LESO Program property of the terminated LEA to an authorized State/Territory or LEA, as applicable, prior to requesting a turn-in of the property to the appropriate DLA Disposition Services location. a) In cases relating to an LEA termination, the LEA will have 90 days to complete the transfer or turn-in of all DLA LESO Program property in their possession. 7) Notify the LESO and initiate an investigation into any questionable activity or action involving DLA LESO Program property issued to an LEA that comes to the attention of the State/Territory, and is otherwise within the authority of the Governor/State/Territory to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on suspension or termination of the LEA to the LESO. States/Territories, acting on behalf of their Governor, may revoke or terminate their concurrence for LEA participation in the LESO Program at any time and for any reason. 8) Request that the LESO suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any term of this SPO, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO. Page 139 of 256 15 Version; July 2018 9) Implement State level LEA suspensions and notify the LESO if a LEA fails to comply with any term of this SPO, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO. 10) Initiate corrective action to rectify suspensions and/or terminations placed upon the State for failure to meet the terms and conditions of the LESO Program. 11) Make contact (until resolved) with suspended LEA(s) within his/her State to ensure corrective actions are rectified by the timeframe provided by the LESO. 12) Require the LEAs to complete and submit results regarding all completed police investigations and/or reports regarding LEA DLA LESO Program property. The State/Territory must submit all documentation to the LESO upon receipt. 13) Provide documentation to the LESO when actionable items are rectified for the State and/or LEA(s). 14) Provide a written request to the LESO for reinstatement of an LEA via the State Coordinator or SPOC(s) for full participation status at the conclusion of a suspension period. 15) Provide a written request to the LESO for reinstatement of the State via the Governor for full participation status at the conclusion of a suspension period. D. The LEA will: 1) In the event of the LEA termination, make every attempt to transfer the DLA LESO Program property to an authorized participating LEA, as applicable, prior to requesting a turn-in of the property to the approved DLA Disposition Services location. a) In cases of a State termination, the State will have 120 days to complete the transfer or turn-in of all DLA LESO Program property in their State. b) In cases relating to an LEA termination, the LEA will have 90 days to complete the transfer or turn-in of all DLA LESO Program property in their possession. XIII. AMMUNTION A. DLA in support of the United States Army will aid in allocating ammunition to LEAs. 1) U.S. Army will issue approved transfers directly to the LEA. LEAs are responsible for funding all costs associated with the packing and shipping of ammunition and will make reimbursements directly to the U.S. Army. 2) All ammunition obtained via the Law Enforcement Support Program will be for training purposes only. At the time of request, LEAs will certify in writing that the ammunition will Page 140 of 256 16 Version; July 2018 be used for training purposes only. Ammunition will not be obtained for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition obtained through the Program will not be sold. 3) Ammunition will be treated as a consumable item and not tracked in any DLA inventory system or inspected during compliance reviews. 4) DLA Disposition Services will track and preserve necessary records of ammunition transferred to a LEA and will post all agency requests, approvals, and denials on the public web-page. XIV. COSTS & FEES All costs associated with the transportation, turn-in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property obtained through the LESO Program are the sole responsibility of the LEA. In the event a LEA is dissolved or disbanded and no civilian governing body exists, the State Coordinator’s office will, on a case-by-case basis, coordinate the transfer or turn-in of all assigned property. XV. NOTICES Any notices, communications, or correspondence related to this agreement will be provided by E-mail, the United States Postal Service, express service, or facsimile to the appropriate DLA office. The LESO may, from time to time, make unilateral modifications or amendments to the provisions of this SPO. Notice of these changes will be provided to State Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO in accordance with Section XVIII, such modifications or amendments will become binding. In such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator to conform changes affecting their operations. XVI. ANTI-DISCRIMINATION A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as implemented by DOD regulations 32 C.F.R. Pt. 195. 2) On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 C.F.R. Pt. 90. 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93- 112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 U.S.C. 794), as implemented by Department of Justice regulations in 28 C.F.R. Pt. 41 and DOD regulations at 32 C.F.R. Pt. 56. B. These elements are considered the minimum essential ingredients for establishment of a satisfactory Page 141 of 256 17 Version; July 2018 business agreement between the State and the DOD. XVII.INDEMNIFICATION CLAUSE A.The State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the LESO Program. Self-insurance by the State/LEA is considered acceptable. The U.S. Government assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the LESO Program. It is recognized that State and local law generally limit or preclude State Coordinators/LEAs from agreeing to open ended indemnity provisions. However, to the extent permitted by State and local laws, the State/LEA will indemnify and hold the U.S. Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney’s fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including states, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the property has been removed from U.S. Government control. B.LEAs are not required to maintain insurance on controlled property, aircraft or other items with special handling requirements that remain titled to DoD. However, LEAs must be advised that if they elect to carry insurance and the insured property is on the LESO inventory at the time of loss or damage, the recipient must submit a check made payable to DLA for any insurance proceeds received in excess of their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction . XVIII.TERMINATION A.This SPO may be terminated by either party, provided the other party receives 30 days’ notice, in writing, or as otherwise stipulated by Public Law. B.The undersigned State Coordinator, CLEO and Civilian Governing Body official hereby agree to comply with all provisions set forth herein and acknowledge that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted. Page 142 of 256 18 Version; July 2018 XIX. The authorized signatories of the parties have executed this agreement as of the last date written below. ________________________________________________ Type / Print Chief Law Enforcement Official Name (Specify title: Chief, Sheriff, Constable, _________________________) ___________________ Chief Law Enforcement Official Signature Date (MM/DD/YYYY) ________________________________________________ Type/Print Civilian Governing Body Official (Specify title: Mayor, City Mgr, County Judge, ___________________) __________________________________ ___________________ Civilian Governing Body Official Signature Date (MM/DD/YYYY) _Mike Lesko______________________________________ Type / Print State Coordinator Name __________________________________ ___________________ State Coordinator Signature Date (MM/DD/YYYY) Page 143 of 256 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD  BOX 4087  AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov EQUAL OPPORTUNITY EMPLOYER COURTESY  SERVICE  PROTECTION STEVEN C. McCRAW DIRECTOR FREEMAN F. MARTIN RANDALL B. PRINCE JEOFF WILLIAMS DEPUTY DIRECTORS COMMISSION STEVEN P. MACH, CHAIRMAN NELDA L. BLAIR STEVE H. STODGHILL DALE WAINWRIGHT Date: ________________ MEMORANDUM FOR TEXAS LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM PARTICIPANTS SUBJECT: State Plan of Operation (SPO) Dated July 2018, LESO Program changes: This memorandum amends the Law Enforcement Agency’s (LEA) responsibilities within the existing SPO between the State of Texas and the __________________________________________________________________________. This addendum establishes the understanding regarding the requirement of two levels of security and financial liability for negligent lost/stolen/destroyed small arms. a.LESO small arms not carried on an officer’s person or in the officer’s immediate physical vicinity will be secured using two levels of security. Two levels of security means two distinct lockable barriers, each specifically designed to render a weapon inaccessible and unusable to unauthorized persons. Lockable barriers meeting this description may be either manual or electronic. b.DLA OIG investigations may be initiated when small arms are improperly disposed of or becomes lost, stolen or otherwise destroyed while maintained in the program inventory. Law Enforcement Agencies may be required to reimburse DLA the fair market value of the small arm when negligence or willful conduct is confirmed at the conclusion of the Financial Liability Investigation of Property Loss (FLIPL) investigation. Reimbursement will be within sixty (60) days of the completion of the FLIPL investigation. (1)Title will never transfer to the recipient regardless of the status of the small arm. (2)Payments due to DLA Disposition Services, based upon the findings of the FLIPL investigation, may be paid by one of the following three methods: (a)Credit card payments via pay.gov (b)Cashier/business checks (c)Wire transfers Page 144 of 256 The provision on two levels of security for small arms is effective June 9, 2020. Any request for an extension must be submitted before that date. The provision on financial liability for negligent or willful loss of small arms that are improperly disposed of or become lost, stolen or otherwise destroyed while maintained in the program inventory, applies to all small arms accounted for on an agency’s LESO Program property book on the date this addendum is signed. This addendum to the State Plan of Operation must be signed by the current Chief Law Enforcement Official (CLEO) or designee of each LEA by June 9, 2020. Failure to sign by this date will require that all weapons be returned. The aforementioned changes to the State Plan of Operation (SPO) are acknowledged and accepted by the following individuals: CLEO Name (Print):_________________________ CLEO Signature:____________________________ Date:______________________________________ CGB Name (Print):__________________________ CGB Signature:_____________________________ Date:______________________________________ State Coordinator (Print): MIKE LESKO___ State Coordinator Signature:___________________ Date:______________________________________ Page 145 of 256 Item No. 5.p. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Greg Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a development agreement with LGI Homes - Texas, LLC for the construction of Rosamond Parkway and drainage improvements. (Director of Public Works, Greg Peters) SUMMARY: This item is for the approval of a development agreement by and between the City of Anna and LGI Homes - Texas, LLC for roadway and drainage improvements. LGI is currently developing property at the northwest corner of State Highway 5 and Rosamond Parkway for the new Shadowbend residential development. As a part of this project LGI will be constructing Rosamond Parkway along the frontage of this phase of the project. Rosamond Parkway is shown on the Master Thoroughfare Plan as a major collector, and is included i the City's Impact Fee Study and Capital Improvement Plan. As such, the developer is to be reimbursed Roadway Impact Fees in an amount consistent with the cost of constructing public improvements on Rosamond Parkway. LGI has major construction crews on site performing work in Shadowbend subdivision and is also the developer/homebuilder of the newest phases of Northpointe Crossing Subdivision. As such, the City has sought to partner with LGI to have them complete some drainage improvements on an existing City-owned storm line along Dumas Drive within the Northpointe Subdivision. The Texas Local Government Code 212.071 allows municipalities to contract with the developer of a subdivision or land to construct public improvements related to the development. The Dumas Drive drainage improvements will be funded through the City's annual storm drainage maintenance line item in the operating budget for the Public Works Department. This agreement allows the City to achieve improvements to a major transportation CIP Page 146 of 256 project in Rosamond Parkway. The agrement also utilizes the developer's cost savings due to scale to complete a public drainage maintenance project at a cost less than if the City were to bid it as a standalone project, thus saving taxpayer dollars. FINANCIAL IMPACT: Roadway Impact fees reimbursed to the developer will only come from the fees collected from homes built within their development. The cost of the Storm Drainage improvements identified on Dumas Drive are to be paid for through the General Fund line item for annual drainage maintenance projects. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2 - Sustainable Anna Community Through Planned, Managed Growth. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1.Resolution - RIFI LGI Homes 2.Final - Roadway Impact Fee Reimbursement - Shadowbend APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 147 of 256 CITY OF ANNA, TEXAS RESOLUTION NO.2020-__-__ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LGI HOMES - TEXAS, LLC, A TEXAS LIMITED LIABILITY COMPANY, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LGI Homes – Texas, LLC is seeking to construct public infrastructure related to Shadowbend Phase 1, and; WHEREAS, as a key component of the development of Shadowbend Phase 1 it is necessary to construct paving improvements to Rosamond Parkway, and; WHEREAS, Rosamond Parkway is shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as a future Major Collector, and; WHEREAS, Public roads identified in the City of Anna Master Thoroughfare Plan are eligible for impact fee reimbursement for the cost of paving and drainage improvements, and; WHEREAS, the City of Anna has public drainage improvements required along Dumas Drive in the Northpointe Crossing Subdivision identified as a City project, and; WHEREAS, LGI Homes – Texas, LLC is also the active developer and builder in Northpointe Crossing Subdivision, and; WHEREAS, the City of Anna has an annual budget for drainage maintenance in the Public Works Department which has adequate funding for the drainage improvement project along Dumas Drive, and; WHEREAS, LGI Homes – Texas, LLC has agreed to also construct the Dumas Drive drainage improvements in accordance with the City’s plan as a part of the Roadway Impact Fee Reimbursement Agreement, and; WHEREAS, Chapter 212.071 of the Texas Local Government Code allows a City to contract with a developer of a subdivision to construct public improvements related to the development, 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 roadway impact fee agreement as shown in Exhibit “A” attached hereto. Page 148 of 256 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 149 of 256 EXHIBIT “A” Page 150 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Page 1 ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR SHADOWBEND SUBDIVISION PHASE 1 ROSAMOND PARKWAY This Roadway Impact Fee Reimbursement Agreement for Shadowbend Phase 1 Rosamond Parkway (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and LGI Homes – Texas, LLC, a Texas limited liability corporation (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 57.64 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 Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Commence Construction shall have the meaning that the City has approved the engineering plans, held a pre-construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. Page 151 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 2 Developer’s Construction Cost, with respect to the Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit E. City inspection fees shall not be included in Developer’s Construction Cost. Final Reimbursement Amount, with respect to the Roadway Project and the Storm Drainage Project, means a dollar amount equal to the lesser of $356,176.77 or the Developer’s Construction Cost. Additional costs eligible for reimbursement shall be limited to documented City-approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which collected Roadway Impact Fees shall be eligible to be reimbursed upon development. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Property means Shadowbend Phase 1 as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Rosamond Parkway Roadway Improvements generally described, without limitation, as the installation of concrete road paving generally depicted in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. Storm Project means the construction of a storm drainage system generally described, without limitation, as the installation of a curb inlet and reinforced concrete box and storm pipe in a drainage easement and Rosamond Parkway right-of-way generally depicted in Exhibit D, attached hereto, and in accordance with the City of Anna Standard Construction Details. SECTION 3 GENERAL PROVISIONS (a)Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project and the Storm Project, and before the City has accepted the Roadway Project and Storm Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer’s Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer’s Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably Page 152 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 3 requests additional evidence of the Developer’s Construction Cost. Upon approval of Developer’s Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). (b)Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). (c)Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d)Insurance. Developer and/or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims of any nature whatsoever which might arise or grow out of or otherwise relate to the Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-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. (e)Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND Page 153 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 4 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 ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER’S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 PROJECT (a)Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and complete the Roadway Project and the Storm Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Roadway Project and Storm Project. Developer shall commence construction in accordance with the definition in Section II “Commence Construction” on or before July 31, 2021. Page 154 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 5 (b)City Obligations (1)In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Impact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interest-bearing account. The City shall reimburse Developer up to the lesser of $338,176.77 or the Developer’s Construction Cost in the aggregate on a quarterly basis (the "Reimbursement") commencing on same quarter of the City Acceptance Date. The City shall provide the Reimbursement to Developer quarterly until the Final Reimbursement Amount has been paid in full. The Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (2)The City will reimburse the Developer for the full cost of the Storm Project in an amount not to exceed $18,000.00 from the Public Works Street Department budget line item for storm sewer repair and maintenance. Upon City Manager approval of Developer’s Construction Cost (which approvals shall not be unreasonably withheld), the City shall issue a written acceptance letter and payment of the Developer’s Construction Cost to Developer, which shall signify final acceptance by the City of the Storm Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). Payment shall be made to the Developer within 30 days of the City Manager’s approval of the Construction Cost. (3)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. Page 155 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 6 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 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:LGI Homes – Texas, LLC Attn: Elaine Torres Officer 1450 Lake Robbins Drive The Woodlands, TX 77380 Page 156 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 7 (d)Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e)Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f)Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g)Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h)Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i)Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit 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 157 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 8 [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 158 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Signature Page LGI Homes – Texas, LLC., a Texas limited liability corporation By: LGI Homes – Texas, LLC., a Texas corporation, its general partner By: Name:Elaine Torres Title: Officer IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF _______§ Before me, the undersigned notary public, on the _______ day of __________, 2020, personally appeared Elaine Torres, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Notary Public, State of Texas (SEAL) Page 159 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Signature Page 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 160 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Attachments ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B – Impact Fee Reimbursement Property Exhibit C – Roadway Project Exhibit D – Storm Project Exhibit E – Breakdown of Costs Page 161 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit A EXHIBIT A The Property Page 162 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit A Page 163 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit B EXHIBIT B Impact Fee Reimbursement Property Page 164 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit C EXHIBIT C The Roadway Project Page 165 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit C Page 166 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit D EXHIBIT D Storm Project Page 167 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit E EXHIBIT E Breakdown of Costs1 1 Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Page 168 of 256 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway – Exhibit E Page 169 of 256 Item No. 5.q. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Terri Doby AGENDA ITEM: Approve an Ordinance Amending the FY 2019 - 2020 Parks Development Fund Budget to add a Recreation Manager and three part-time Recreation Coordinator positions. (City Manager, Jim Proce) SUMMARY: The proposed budget amendment includes funding for the following purposes: For expenditures, staff is requesting $12,841 in the Parks Development Fund to add 2.5 full time equivalents. Per City Council’s directive in Anna’s Strategic Plan to create strong community events and festivals, activities and a variety of programs, the ordinance to govern the use of the Parks Development Fund was amended at the July 28, 2020 City Council meeting. Staff believes that the Parks Development Fund is a stable funding source for recreation programs and events and is requesting the addition of a Recreation Manager and three part-time Recreation Coordinators. Approval of the Recreation Manager position will accelerate the planning and implementation of community programs. In addition to the Recreation Manager position, staff is requesting Council authorize up to three (3) part-time Recreation Coordinators to implement recreation programs and staff special events. FINANCIAL IMPACT: Amend the FY2020 Adopted Budget STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve Ordinance Amending the FY 2019 - 2020 Parks Development Fund Budget to Page 170 of 256 add the positions of a Recreation Manager and three part-time Recreation Coordinator positions. ATTACHMENTS: 1.End of Year Budget Amendment 2 ordinance 2.FY2020 Park Development Fund Budget Amendment Exhibit A APPROVALS: Terri Doby, Budget Manager Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 171 of 256 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 830-2019 ADOPTING THE PARKS DEVELOPMENT FUND BUDGET FOR THE 2019-2020 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 17, 2019, the City Council of the City of Anna, Texas (“City Council”), after a duly noticed public hearing as required under Texas Local Gov’t Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home-Rule Charter (“Charter”), adopted a budget of all municipal appropriations and expenditures for the 2019-2020 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2019-2020 fiscal year budget is hereby amended with respect to its General Fund 10) as set forth in the original budget adopted under Ordinance No. 830- 2019 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2019-2020 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 Page 172 of 256 this ordinance was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 11th day of August 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 173 of 256 PARKS DEVELOPMENT FUND Expense: Account Dept Account Title Budget Change Revised Budget 72-752-6101 Parks Development Salaries -$ 10,270$ 10,270$ 72-752-6114 Parks Development Payroll Taxes-City Part FICA -$ 787$ 787$ 72-752-6121 Parks Development Health Insurance -$ 827$ 827$ 72-752-6125 Parks Development TMRS Retirement -$ 910$ 910$ 72-752-6127 Parks Development Worker's Compensation -$ 47$ 47$ TOTAL 12,841$ Justification: CITY OF ANNA DETAIL OF RECOMMENDED FY2019-20 BUDGET AMENDMENTS Add Recreation Manager and three part-time Recreation Coordinator positions Page 174 of 256 Item No. 5.r. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Terri Doby AGENDA ITEM: Approve an Ordinance Amending the FY2019 - 2020 Budget to add a Code Enforcement Officer (Neighborhood Services Department), a Plan Reviewer (Development Services Department) and a Project Engineer (Utility Administration Department). (City Manager, Jim Proce) SUMMARY: The proposed budget amendment includes funding for the following purposes: For expenditures, staff is requesting $11,483 in the General Fund and $9,146 in the Utility Fund for the remainder of the year for the following positions: Code Enforcement Officer, Plan Reviewer, and Project Engineer. Code Compliance has previously been staffed by only one Code Compliance Manager. The additional position is needed to accommodate the city’s growth, increasing demands for service, improve response times, and assist neighbors in avoiding citations. The expansion of code compliance operations was identified as a top priority in the strategic plan. Department revenue from programs such as the rental property registration and cost savings from discontinuing contract services with Collin County for health inspections are anticipated to cover the cost for this position resulting in a net neutral impact to the budget. In FY 2021 it is estimated that the city would pay a 3rd party reviewer (Bureau Veritas) a minimum $120,000 to review new single-family building permits. If the City reviews these permits in-house by hiring a Plans Examiner, the savings would be up to $40,000 per year. Additional duties of the Plans Examiner would include assisting the Building Inspector with inspections or any other duties the Building Official determines. A Project Engineer in the Utility Administration department will bring the engineering plan review process in-house and eliminate a 3rd party contract (Birkhoff, Hendicks, Carter, LLP). Plan review revenues ($49,000) will net against the cost of the position. In addition, increased construction inspection fees approved by the City Council late last year will cover the remaining costs beyond the contract savings. Hiring an engineer will also decrease reliance on consultants for small projects, as capacity to Page 175 of 256 conduct engineering in-house will significantly increase. FINANCIAL IMPACT: Amend the FY2020 Adopted Budget STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve Ordinance Amending the FY 2019 - 2020 Budget to add the positions of a Code Enforcement Officer (Neighborhood Services Department), a Plan Reviewer (Development Services Department) and a Project Engineer (Utility Administration Department). ATTACHMENTS: 1.End of Year Budget Amendment 1 ordinance 2.FY2020 Added Positions Budget Amendment Exhibit A APPROVALS: Terri Doby, Budget Manager Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 176 of 256 CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 830-2019 ADOPTING THE BUDGET FOR THE 2019-2020 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 17, 2019, the City Council of the City of Anna, Texas (“City Council”), after a duly noticed public hearing as required under Texas Local Gov’t Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home-Rule Charter (“Charter”), adopted a budget of all municipal appropriations and expenditures for the 2019-2020 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2019-2020 fiscal year budget is hereby amended with respect to its General Fund 10) as set forth in the original budget adopted under Ordinance No. 830- 2019 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2019-2020 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 Page 177 of 256 this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 11th day of August 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 178 of 256 GENERAL FUND Expense: Account Dept Account Title Budget Change Revised Budget 10-420-6101 Development Salaries 620,179$ 4,320$ 624,499$ 10-420-6114 Development Payroll Taxes-City Part FICA 47,023$ 331$ 47,354$ 10-420-6121 Development Health Insurance 89,342$ 827$ 90,169$ 10-420-6125 Development TMRS Retirement 90,973$ 614$ 91,587$ 10-420-6127 Development Worker's Compensation 5,649$ 20$ 5,669$ TOTAL 6,112$ Justification: Expense: Account Dept Account Title Budget Change Revised Budget 10-560-6101 Neighborhood Services Salaries -$ 3,600$ 10-560-6114 Neighborhood Services Payroll Taxes-City Part FICA -$ 275$ 10-560-6121 Neighborhood Services Health Insurance -$ 827$ 10-560-6125 Neighborhood Services TMRS Retirement -$ 512$ 10-560-6127 Neighborhood Services Worker's Compensation -$ 157$ TOTAL 5,371$ Justification: UTILITY FUND Expense: Account Dept Account Title Budget Change Revised Budget 60-400-6101 Administration Salaries 4,736,001$ 6,800$ 4,742,801$ 60-400-6114 Administration Payroll Taxes-City Part FICA 37,699$ 521$ 38,220$ 60-400-6121 Administration Health Insurance 69,488$ 827$ 70,315$ 60-400-6125 Administration TMRS Retirement 72,934$ 967$ 73,901$ 60-400-6127 Administration Worker's Compensation 20,469$ 31$ 20,500$ TOTAL 9,146$ Justification: CITY OF ANNA DETAIL OF RECOMMENDED FY2019-20 BUDGET AMENDMENTS Add Project Engineer Add Plans Reviewer Add Code Enforcement Officer Page 179 of 256 Item No. 5.s. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Terri Doby AGENDA ITEM: Approve a Resolution naming the date and place of a public hearing on the FY 2020- 2021 budget. (City Manager, Jim Proce) SUMMARY: Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year; and at the Council meeting when the budget is submitted, the City Council must name the date and place of the public hearing on the budget. FINANCIAL IMPACT: Process to adopt Fiscal Year 2021 Budget 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 attached Resolution that sets September 1, 2020 at 6:30 p.m. as the date and time for the public hearing on the FY 2020-2021 budget, said hearing to be held in the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas. The Resolution further directs that notice of the time and place of the public hearing be published in the official newspaper of the City as required in Section 7.05 of the Charter. ATTACHMENTS: 1.FY2021 Set Budget Public Hearing Resolution APPROVALS: Terri Doby, Budget Manager Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 180 of 256 Page 181 of 256 RES.PAGE 1 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE DATE AND PLACE OF A PUBLIC HEARING ON THE FY2020 – 2021 BUDGET. WHEREAS, Section 7.02 of the City of Anna, Texas (the “City”) Home Rule Charter (the “Charter”) states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year; and WHEREAS, Section 7.05 of the Charter further states that at the Council meeting when the budget is submitted, the City Council must name the date and place of the public hearing on the budget; 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. Public Hearing on the Budget. The Council hereby sets September 1, 2020 at 6:30 p.m. as the date and time for the public hearing on the FY2020 - 2021 budget, said hearing to be held in the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas. The Council further directs that notice of the time and place of the public hearing be published in the official newspaper of the City as required in Section 7.05 of the Charter. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of August 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 182 of 256 Item No. 6.a. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Ray Isom AGENDA ITEM: Consider/Discuss/Action on an Ordinance adopting the 2015 Edition of the International Fire Code with local amendments, adopting additional fire prevention and investigation regulations, and repealing certain existing fire prevention regulations. (Fire Chief, Ray Isom) SUMMARY: This item relates to the adoption of local fire code ordinances to include NCTCOG Amendments to the International Fire Code, 2015 edition. It completes a specific action identified in the City's Strategic Plan. Fire codes and standards are put in place to protect the health, safety, and welfare of Anna's neighbors and visitors. The International Fire Code (IFC) is developed through a process that reflects the values and principles of transparency, consensus, and due process. The International Code Council, which develops the IFC among other internationally recognized code sets, engages public and private-sector stakeholders to produce model codes and standards that are essential to a robust building industry and the national economy as a whole. The model codes and standards development process brings together a broad and diverse constituency of stakeholders to reflect and deliberate on the latest science and research. Every three years, the consensus process produces updated model codes and standards that incorporate evolving technologies and market needs, all aimed at protecting the health, safety, and welfare of building occupants. Through this process, builders, manufacturers, and the design community benefit from a fair and democratic system that allows them to meet nationally agreed-upon goals and compete globally. Model codes and standards also provide a common code format and basic requirements for consistent and uniform design, construction, maintenance, and operations of systems, structures, and buildings. Put simply, when adopted and properly enforced, the IFC will reduce the loss of life and property in the Anna community. FINANCIAL IMPACT: Page 183 of 256 STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve ATTACHMENTS: 1.IFC Ordinance and Amendments C03029D20200723CR2 FINAL APPROVALS: Ray Isom, Fire Chief Created/Initiated - 7/24/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 184 of 256 RESOLUTION ADOPTING LOCAL FIRE ORDINANCES Modernizes and Increases Efficiency in the Following Areas: •Elevates the safety of our neighbors. •Addresses immediate needs related to the permitting and inspection process. •Replaces antiquated local ordinances. •Codifies administrative requirements put into place in 2017. •Establishes the Division of Fire Prevention (Fire Marshal’s Office). FIRE DEPARTMENT ACCESS FIRE PROTECTION SYSTEMS INFORMATION TECHNOLOGY AND COMMUNICATIONS LEGAL MANDATES RELATED TO FIREWORKS AND ENFORCEMENT ACTIVITIES WITHIN ANNA’S ETJ CITY OF ANNA ORDINANCE NO. _____________ PAGE 1 CITY OF ANNA, TEXAS ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 6, (FIRE PREVENTION AND PROTECTION), BY REPEALING ARTICLE 6.03 (FIRE CODE), 6.04 (OUTDOOR BURNING), ARTICLE 6.05 (FIREWORKS), AND ARTICLE 6.06 (WOODEN TRUSS WARNING SIGNS), AND AMENDING ARTICLE 6.01 (GENERAL PROVISIONS), ARTICLE 6.02 (ARSON INVESTIGATOR) BY ADOPTING NEW GENERAL PROVISIONS AND ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE WITH CERTAIN AMENDMENTS THERETO; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Chapter 6 (Fire Prevention and Protection ) of the Anna City Code of Ordinances (“Anna Code”) is intended to be updated periodically; and WHEREAS, the last update to Chapter 6 (Fire Prevention and Protection) of the Anna Code was in 2016; and WHEREAS, the International Code Council (ICC) has developed a set of comprehensive and coordinated international model codes (known generally as the "International Codes") which includes the International Fire Code; and WHEREAS, the 2015 Edition of the International Fire Code has been reviewed by City staff and has been recommended for adoption with certain amendments as specified below; and WHEREAS, the City Council of the City of Anna has determined that it is in the best interest of the City and its citizens to repeal Article 6.03 (Fire Code), Article 6.04 (Outdoor Burning), Article 6.05 (Fireworks), and 6.06 (Wooden Truss Warning Signs) of the Anna City Code of Ordinance (“Anna Code”), and to amend Article 6.01 (General Provisions), Article 6.02 (Arson Investigator), by adding general provisions and adopting by reference the 2015 Edition of the International Fire Code, with certain amendments set forth in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The above recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendments to Chapter 6 (Fire Prevention and Protection). The Anna Code, Chapter 6 (Fire Prevention and Protection) is hereby amended as set forth below in Sections 2.01 through 2.02. Deletions are evidenced by strikethrough and Page 185 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 2 additions evidenced by underline. 2.01. Article 6.01 (General Provisions) of the Anna Code. Article 6.01, (General Provisions) of the Anna Code is hereby amended as follows: ARTICLE 6.01 – GENERAL PROVISIONS * (Reserved) Sec. 6.01.001. Designation of Office (a) Authority Having Jurisdiction. The Anna Fire Chief shall be the head administrator and Authority Having Jurisdiction. The Anna Fire Chief is hereby authorized to enforce the provisions of this chapter and other applicable provisions of this code and shall have the authority to render interpretations of same, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code. Under the Fire Chief’s direction, the fire department is authorized to enforce all state laws, City ordinances and executive orders of the jurisdiction. (b) Fire Prevention Division. The division of fire prevention is established within the jurisdiction under the direction of the Fire Chief. The function of the division shall be the implementation, administration and enforcement of the provisions of this code. The Fire Chief and members of the fire prevention division have the powers of a police officer in performing their duties under this code. When requested to do so by the Fire Chief, the chief of police is authorized to assign available police officers as necessary to assist the fire department in enforcing the provisions of this code. (1) Fire Marshal. The office of fire marshal is hereby established. Such office shall be a division of the Anna Fire Department and shall report directly to the Fire Chief. Such office shall be filled by appointment by the Fire Chief. (2) The Fire Chief may detail such members of the Fire Department to perform duties necessary to the Fire Prevention Division, including a Fire Prevention Captain, fire inspectors, fire investigators, arson investigators, and other technical officers as shall from time to time be necessary and each member so assigned shall be authorized to enforce the provisions of the International Fire Code. (3) Arson Investigator. The position of arson investigator shall be an employee position with the City subject to the City's personnel policies and shall at all times be a peace officer Page 186 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 3 certified by the commission on law enforcement officer standards and education as set out in chapter 1701 of the Occupations Code. (Ordinance 355-2007 adopted 12/11/07; 2008 Code, pt. II, art. 21, sec. 2.01; Ordinance _______________, adopted 8/11/20) Sec. 6.01.002. Duties (a) All of the duties performed within each classification are necessary to the mission of the Anna Fire Department and are of equal status. The Fire Chief, in his or her discretion, may assign each member those duties or responsibilities within the classification of the member as the Fire Chief deems necessary to accomplish the mission of the fire department. (b) The Fire Chief shall: (1) Carry out the functions of the fire department related to public safety and enforcement of the fire code, ordinances, state and federal laws; organize the fire department in conformity with the laws of the State of Texas and ordinances of the City; and promulgate directives, orders, rules, regulations and procedures for the operation of the department and administration of discipline within the department; (2) Be responsible for the stationing and transfer of all firefighters and other officers and employees constituting the fire force, under such policies and regulations as may be established by the City Manager, to whom the Fire Chief shall be immediately responsible, or according to ordinances of the city. (c) Arson Investigator: (1) The arson investigator shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within 24 hours after the extinguishment of such fire. The arson investigator shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this article. (2) When it is the opinion of the arson investigator that further investigation is necessary, the following actions may be taken: Page 187 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 4 (i) The testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced in writing; and (ii) If the arson investigator shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, the arson investigator shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case. (Ordinance 355-2007 adopted 12/11/07; 2008 Code, pt. II, art. 21, sec. 2.02; Ordinance _______________, adopted 8/11/20) Sec. 6.01.003. Enforcement and Penalties (a) The Fire Chief, or his designated representative, is hereby authorized and directed to enforce all provisions of this chapter, including without limitation the Fire Code, as amended, adopted under sec. 6.02.001. Enforcement may be by the issuance of warnings or citations, filing of a complaint in municipal court, by legal proceedings to enjoin nuisances, or in any other manner authorized by law. An authorized official or personnel of the fire department or of the police department is authorized to issue citations for a violation of this Chapter including but not limited to the Fire Code. (b) It shall be a violation of this chapter for any person being issued a citation for a violation of this article, to be filed in municipal court or any civil proceeding, to intentionally or knowingly fail to give the fire department official or police department official his or her true name and address or to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the fire department official or police department official. For purposes of this section, a person shall be in violation upon failure to provide the requisite identification information upon a request for identification being issued by a person known to be a fire department official or police department official. (c) The owner, lessee or occupant of the property or structure where a violation of this chapter takes place shall be deemed responsible for such violation. (d) If the individual who is to receive the citation is not present, the fire department official or police department official may send the citation to the owner of the property by certified or registered mail, Page 188 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 5 return receipt requested. If said citation should come back unclaimed, the citation shall be sent regular mail. If this regular mailing does not come back unclaimed, then service shall be deemed completed. (e) Any violation of any of the terms of this chapter, including without limitation the Fire Code, as amended, adopted under sec. 6.02.001 and incorporated herein as if set forth in full, whether or not such violation is denominated in this chapter as unlawful, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation or the highest amount allowed by law, whichever is less. Each violation is considered a separate offense and will be punished separately. Sec. 6.01.004. Plan Review Permits shall be required as set forth in Sections 105.8 through 105.8.3 of the International Fire Code. Complete plans and specifications for fire alarm systems; fire-extinguishing systems, including automatic sprinklers and wet and dry standpipes; halon systems and other special types of automatic fire-extinguishing systems; basement pipe inlets; and other fire protection systems and appurtenances thereto shall be submitted to the Fire Chief for review and instruction as to how to obtain approval prior to system installation. Plans and specifications for fire alarm systems shall include, but not be limited to, a floor plan; location of all alarm-initiating and alarm-signaling devices; alarm control and trouble-signaling equipment: annunciation; power connection; battery calculations; conductor type and sizes; voltage drop calculations; and manufacturer, model numbers and listing information for all equipment, devices and materials. All submitted plans shall also meet the requirements as specified by the adopted NFPA standards and this code. The provisions of this Code shall govern in the event of conflicts and/or differences between this chapter and the NFPA standards. (Ordinance _______________, adopted 8/11/20) *State Law References–Municipal fire protection, V.T.C.A., Local Government Code, ch. 342; fire, V.T.C.A., Health and Safety Code, ch. 791 et seq. 2.02. Article 6.02 (International Fire Code Adopted; Amendments) of the Anna Code: Articles 6.02.001 and 6.02.002 of the Anna Code are hereby repealed in their entirety, and replaced with the following amendments: ARTICLE 6.02 – FIRE CODE ADOPTED; AMENDMENTS * Sec. 6.02.001. Adoption of International Fire Code, NCTCOG Page 189 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 6 amendments and Local Amendments (a) The City Council has adopted the 2015 edition of the International Fire Code including Appendix B through J, but not including Appendix A. The Fire Chief or his designee is hereby authorized and directed to enforce all provisions of the International Fire Code as adopted and amended herein. (b) The City Council has previously adopted the North Central Texas Council of Governments recommended amendments (Option B) as applied to the 2015 International Fire Code, and as further amended by the local amendments adopted under this section. (c) The City Council hereby adopts, by ordinance, the City of Anna Local Amendments to the 2015 International Fire Code. To the extent of any conflict between said local amendments and the North Central Texas Council of Governments recommended amendments, the local amendments shall govern. Said 2015 International Fire Code as amended (sometimes referenced in this chapter as “Fire Code”) by said local amendments are on file in the office of the city secretary and said code as amended is hereby adopted by reference and designated as the Fire Code of the city, the same as though such code as amended were copied at length herein. (Ordinance 373-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance 730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 7, art. 21, sec. 1) (Ordinance __________ adopted 8/11/20). * State law references–Municipal fire protection, V.T.C.A., Local Government Code, ch. 342; fire, V.T.C.A., Health and Safety Code, ch. 791 et seq. 2.03. Repeal of Article 6.03 (Fire Code) of the Anna Code. Article 6.03, (Fire Code) of the Anna Code is hereby repealed in its entirety. Section 3. Adoption of Amendments. The City of Anna Local Amendments to the 2015 International Fire Code (as referenced in sec. 6.02.001) are hereby adopted as set forth in the attached Exhibit A, which said exhibit shall be kept on file in the City Secretary’s office along with a copy of said code. Section 4. Savings, Severability, and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Page 190 of 256 CITY OF ANNA ORDINANCE NO. _____________ PAGE 7 Notwithstanding the foregoing or any other provision of this ordinance including without limitation any amendments or repealing clause, the City hereby adopts the following savings provision: any regulations regarding sprinkler systems for new or existing one- or two-family dwelling that were adopted by the City before January 1, 2009 are not amended, affected or repealed by this ordinance and are expressly preserved and remain in full force and effect. Section 5. Penalty Clause. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, including without limitation the terms set forth in Exhibit A, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation or the highest amount allowed by law, whichever is less. Each violation is considered a separate offense and will be punished separately. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upo n the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas on this ____ day of __________, 2020. APPROVE: ATTEST: _______________________ __________________________ Mayor Nate Pike City Secretary Carrie Land Page 191 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 1 Exhibit A CITY OF ANNA LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE NOTE: THE CITY OF ANNA HAS ADOPTED THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT RECOMMENDED AMENDMENTS (OPTION B) TO THE 2015 INTERNATIONAL FIRE CODE (“NCTCOG AMENDMENTS”). TO THE EXTENT OF ANY CONFLICT BETWEEN THE FOLLOWING LOCAL AMENDMENTS AND THE NCTCOG AMENDMENTS, THESE AMENDMENTS SHALL GOVERN. Chapter 1. Scope and Administration of the 2015 International Fire Code is amended as follows: Section 101 General Provisions of the 2015 International Fire Code is amended as follows: Section 101.1 Title. These regulations shall be known as the International Fire Code of the City of Anna, Texas, hereinafter referred to as "this code". Section 102.1. Construction and design provisions of the International Fire Code, 2015 edition, is amended to change Item 3 to read as follows: 3. Existing structures, facilities, and conditions when required in Chapter 11 or in specific sections of this code. Section 103 Department of Fire Prevention, Sections 103.1, 103.2, and 103.3 of the International Fire Code, 2015 edition, are amended to read as follows: Section 103.1 General. The Fire Code shall be enforced by the Fire Code Official (Fire Chief) and his primary designee known as the Fire Marshal. The Fire Marshal shall operate within the Fire Marshal’s Office, also known as the Division of Fire Prevention. The Division of Fire Prevention is hereby established as a division of the Fire Department of the City of Anna and shall operate under the supervision of the Fire Chief of the Fire Department. Section 103.2 Appointment. The Fire Marshal oversees the Division of Fire Prevention and shall be appointed by the Fire Chief on the basis of proper qualification. Section 103.3 Deputies. The Fire Chief of the Fire Department may detail such members of the Fire Department as inspectors and/or investigators as shall from time to time be necessary and each member so assigned shall be authorized to enforce the provisions of this code, local laws, and the laws of the State of Texas. Page 192 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 2 Section 104.1 General authority and responsibilities of the International Fire Code, 2015 edition, is amended as follows: Section 104.1 Fire Code Official. For the purpose of this code, "Fire Code Official" shall mean the Fire Chief or his designated representative(s). Section 105 Permits of the International Fire Code, 2015 edition, is amended as follows: 105.1.7 Failure to Obtain Permit or Working Without a Permit. Any person who fails to obtain a permit or is conducting work without a permit approved by the Anna Fire Department shall be liable to pay a penalty of two (2) times the required permit fee figured in accordance with the fee schedule adopted by the city council; provided, however, that the minimum amount of such penalty shall be one-hundred twenty dollars ($120.00) in addition to the required permit fee. Working without a permit shall include non-compliance with the requirements of Sections 105.3.5 and 105.4.6. Section 105.2.3.1 Time Limitation of Application. Reinstatement of expired permits will require the applicant to resubmit permit application and required documents and shall be liable for applicable permit fees. Section 105.3.3 Occupancy Prohibited Before Approval. The building or structure shall not be occupied prior to the Fire Code Official issuing a permit when required and conducting associated inspections indicating the applicable provisions of this code have been met. No building or structure shall be used or occupied and no change in the existing occupancy classification of a building, structure, or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy. Section 105.4.6 Retention of Construction Documents. One set of construction documents shall be retained by the Fire Code Official until final approval of the work covered therein. One set of approved construction documents shall be returned to the applicant, and said set, along with the Fire Department Permit, shall be kept on site of the building or work until the completion of the Division of Fire Prevention's Fire Final Inspection. Construction documents shall be retained by the installing company as required by the Texas State Fire Marshal's Office, after final approval of work covered therein. Section 105.7 Required Construction Permits. The code official is authorized to issue construction permits for work set forth in Sections 105.7.1 to 105.7.19. Section 105.7.9 Gates and Barricades Across Fire Apparatus Access Roads. A permit shall be required to install any system that during normal operation delays or prevents entry to, or obstructs a fire lane or street into, the premises of a residential or commercial area within the fire response district. All systems shall utilize “Knox” Rapid Access System equipment and components and meet the requirements as set forth in the Fire Marshal's Office written policy statements. Section 105.7.19 Electronic Access Control Systems. Construction permits are required for the installation or modification of an electronic access control system, as specified in Chapter 10. A separate construction permit is required for the installation or modification of a fire alarm system that may be connected to the access control system. All systems shall utilize “Knox” Rapid Access System equipment and components and meet the requirements as set forth in the Fire Marshal's Office written policy statements. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Page 193 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 3 Section 105.8 Permit Fees. Fees for each permit required, other regulatory storage/handling, equipment use or process shall be charged to perform necessary plan reviews and field inspections. Section 105.8.1 Construction Permit Fees. Permit fees for all new installation of, or modification to, automatic fire extinguishing systems, automatic detection systems, automatic fire command and control systems, and all fire and life safety related equipment and activities shall be in accordance with Table 105.8.1, below. Table 105.8.1 Fire Alarm System New ($150) Alter Existing ($100)* Fire Suppression Sprinkler System New ($250) Alter Existing ($100)* Operational Permits Aerosol Products ($90) High-Rack / High-Piled Storage ($150) Hazardous Materials ($100) Other ($100) Operational/Special Event Permits (per event) Fireworks/Pyrotechnic {1.3G to 1.1G} ($300) Fireworks/Pyrotechnic {1.4G and 1.4S} ($200) Food Truck ($60 per vehicle) Amusement Rides ($100 per ride) Tent/Membrane Structure ($60 per tent) Underground Fire Main New ($90) Alter Existing ($60)* Access Control System New ($90) Alter Existing ($60) Fire Department Gate Access System New ($90) Alter Existing ($60) Remote FDC New ($90) Alter Existing ($60)* Page 194 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 4 Special Applications Emergency Generator ($100) Fire Sprinkler Monitoring System New ($100) Alter Existing ($90)* Tanks Underground {UST} ($120) Above Ground {AST} ($120) Fire Pump New ($150) Replace Existing ($100) Standpipe System New ($90) Alter Existing ($60)* Industrial Oven New ($90) Replace Existing ($60) Cryogenics New ($100) Alter Existing ($70) Clean Agent System New ($100) Alter Existing ($70)* Fuel Dispensing System New ($100) Alter Existing ($70) Special Hazard Fire System Paint Booth ($90) Battery / Solar Photovoltaic ($60) Compressed Gasses New ($90) Alter Existing ($60) Commercial Cooking (Kitchen) Hood System New ($100) Alter Existing ($70)* Special Applications Smoke Control / Exhaust System ($100) Two-Way Communication System ($90) *Minor modifications to fire protection equipment do not require permit submittal or fee payment, however, a scope of work letter shall be submitted. This includes alterations/modifications to the following: System Risers, Less Than 10 Sprinkler Heads, or Less Than 10 Horn/Strobe Notification Devices. Contractors conducting Page 195 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 5 general maintenance or similar services shall install a white service tag indicating the location (i.e. Suite #) and scope of work (i.e. “Added horn/strobe”). Section 105.8.2 Other Permit Fees. Permit fees for all other regulatory storage/handling, equipment use, or process, shall be assessed a fee as established by the City of Anna and/or the Anna Fire Department’s fee schedule. Section 105.8.3 Construction/Permit Re-Inspection Fees/After Hours Inspection Fees. In the event the first inspection or subsequent re-inspections on any permitted work fails to comply with this code or after-hours inspections are requested, fees as shown in Table 105.8.2 shall be paid by the permit holder. After-hours inspection requests must be received at least three (3) business days in advance of requested inspection and be approved prior to inspector assignment. All after -hours inspection requests are subject to inspector availability. All fees shall be paid prior to scheduling any re-inspections or after-hours inspections. Table 105.8.2 First scheduled inspection (During Normal Business Hours) No charge 1st re-inspection $50.00 per inspection 2nd re-inspection $100.00 per inspection 3rd and subsequent re-inspections $150.00 per inspection After-Hours Inspections (Before 8 AM or After 5 PM – Monday through Friday; All hours on Weekends) $75.00 per hour with a 2 hour minimum charge Section 106.2 Inspections of the International Fire Code, 2015 edition, is amended by the addition of the following: Section 106.2.3 Inspection of Existing Premises. The Fire Chief or his designated representative shall inspect all buildings, premises, or portion thereof as often as may be necessary. An initial inspection shall be made free of charge. If the Fire Chief or his designee is required to make follow-up inspections after the initial inspection and re- inspection to determine whether a violation or violations observed during the previous inspection(s) have been corrected, a fee may be charged in accordance with Table 105.8.2. The occupant, lessee, or person making use of the building or premises shall pay said fee or fees within thirty (30) days of being billed as a condition to continued lawful occupancy of the building or premises. Fees for follow-up inspections after initial and re-inspection shall be as set forth in the fee schedule as adopted by the city council. Page 196 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 6 Recurring violations will result in issuance of a citation and shall not be restricted to the inspection and re-inspection procedure indicated in this Section. Section 109.4 Violation penalties of the International Fire Code, 2015 edition, is amended to read as follows: Section 109.4 Violation Penalties. Any person, firm, or corporation violating any of the provisions or terms of Chapter 6 of the Anna City Code of Ordinances or of this Code or failing to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official or his or her designee, or of a permit or certificate used under the provisions of this code shall be guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Anna, shall be subject to a fine not to exceed two thousand and no/100 dollars ($2,000.00) for each offense. Each and every day any such violation shall continue shall be deemed to constitute a separate offense. For compliance purposes, the Fire Code Official shall also be empowered to revoke any existing Certificate of Occupancy in coordination with the City of Anna Building and Planning Departments. Section 111.4 Failure to comply of the International Fire Code, 2015 edition, is amended to read as follows: Section 111.4 Failure To Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not more than two thousand and no/100 ($2,000.00) dollars for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Chapter 2. Definitions of the 2015 International Fire Code is amended as follows: Section 202 General definitions of the International Fire Code, 2015 edition, is amended to replace or amend the definitions below to read as follows: Addressable Fire Detection System. Any system capable of providing identification of each individual alarm-initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have the capability of alarm verification. Ambulatory Health Care Facility. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation. This group may include but not be limited to the following: a. Dialysis centers b. Procedures involving sedation c. Sedation dentistry d. Surgery centers Page 197 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 7 e. Colonic centers f. Psychiatric centers Analog Addressable Fire Detection System. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall be capable of compensating for long-term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. Atrium. An opening connecting three (3) or more stories other than enclosed stairways, elevators, hoist ways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. Stories, as used in this definition, do not include balconies within assembly groups or mezzanines that comply with Section 505 of the International Building Code. Defend in Place. A method of emergency response that engages building components and trained staff to provide occupant safety during an emergency. Emergency response involves remaining in place, relocating within the building, or both, without evacuating the building. Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the Fire Code Official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the Fire Department. Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and/or is activated by ignition with a match or other heat producing device meeting the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. High-piled Combustible Storage: add a second paragraph to read as follows: Any building or portion of building used for storage classified as a group S Occupancy or Speculative Building exceeding 6,000 sq. ft. that has a clear height in excess of 14 feet, making it possible to be used for storage in excess of 12 feet, shall be considered to be high-piled storage. When a specific product cannot be identified, a fire protection system and life safety features shall be installed as for Class IV commodities, to the maximum pile height. High-Rise Building. A building with an occupied floor located more than 55 feet (16,764 mm) above the lowest level of Fire Department vehicle access. Key Box. add a second paragraph to read as follows: All key boxes shall utilize “Knox” Rapid Access System models and components. Master locks shall be keyed to operate for the City of Anna Fire Department and shall meet the requirements set forth in the Fire Marshal's Office written policy statements. Page 198 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 8 Repair Garage. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement, and other such minor repairs. Self-Service Storage Facility. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby Personnel. Qualified fire service personnel as approved by the Fire Chief or his designee. When utilized, the number required shall be as directed by the Fire Chief or his designee. Charges for utilization shall be calculated by the jurisdiction and comply with current administrative written policy statements regarding standby personnel fee amounts, payments, and other requirements. Upgraded or Replaced Fire Alarm System. A fire alarm system that is upgraded or replaced includes, but is not limited to the following: a. Replacing one single board or fire alarm control unit component with a newer model b. Installing a new fire alarm control unit in addition to or in place of an existing one c. Conversion from a horn system to an emergency voice/alarm communication system d. Conversion from a conventional system to one that utilizes addressable or analog devices The following are not considered an upgrade or replacement: a. Firmware updates b. Software updates c. Replacing boards of the same model with chips utilizing the same or newer firmware Chapter 3. General requirements of the 2015 International Fire Code is amended as follows: Section 307.1.1 Prohibited Open Burning of the International Fire Code, 2015 edition, is amended for the exceptions to read as follows: Exceptions: (1) Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code official. (2) In the event of violent weather conditions where cleanup is essential, the Fire Marshal or Fire Chief may designate one or more community burn Page 199 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 9 locations where persons may transport storm debris, trees, or other vegetation. (3) Outdoor burning is authorized for training Anna Fire Department firefighting personnel when such burning is otherwise authorized by state law and permitted by a local air pollution control agency or the Texas Commission on Environmental Quality (TCEQ) or its successor. In this circumstance, a permit, as referenced in Section 307.2, is not required. (4) Outdoor cooking fires shall utilize a pit or approved container that fully contains the fire. A fireproof container such as a barbeque pit or chimenea must be constructed of brick, stone, metal or other fireproof material. This subsection does not permit or authorize the burning of waste material, debris, refuse, or other materials not being prepared for consumption. Section 307.1.2 of the International Fire Code, 2015 edition, is added to read as follows: Section 307.1.2 Compliance with other Laws. Any burning carried out under the exceptions herein must conform to the 2015 edition of the International Fire Code when not in conflict with this article, state law, and the TCEQ or successor rules and shall not be conducted on any: (1) Ozone Action Day designated by the TCEQ or its successor; or (2) Day in which there is in effect an order issued by the county that prohibits outdoor burning in unincorporated areas of the county due to drought conditions. Section 307.2 Permit required of the International Fire Code, 2015 edition, is amended to read as follows: Section 307.2 Permit Required. A permit shall be obtained from the Fire Code Official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural, range, or wildlife management practices, prevention or control of disease or pests, or open burning. Application for such approval shall only be presented by, and permits issued to the owner of, the land upon which the fire is to be kindled. Examples of state and local law or regulations referenced elsewhere in this section may include but not be limited to the following: (1) TCEQ guidelines and/or restrictions. (2) State, County, or Local temporary or permanent bans on open burning. (3) Local written policies as established by the Fire Code Official. Section 307.3 Extinguishment authority of the International Fire Code, 2015 edition, is amended to read as follows: 307.3 Extinguishing Authority. The Fire Chief and Fire Code Official are authorized to order the extinguishment by the permit holder, another person responsible, or the fire department of open burning that creates or adds to a hazardous or objectionable situation. Page 200 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 10 Section 307.4 Location of the International Fire Code, 2015 edition, is amended to read as follows: Section 307.4 Location. The location for open burning shall not be less than 300 feet (91,440 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet (91,440 mm) of any structure. Section 307.4.3 Portable outdoor fireplaces of the International Fire Code, 2015 edition, to read as follows: Exceptions: (1) {Exception unchanged} (2) Where buildings, balconies, and decks are protected by an approved automatic sprinkler system. Section 307.4.4 and 307.4.5 are added to the International Fire Code, 2015 edition, read as follows: Section 307.4.4 Permanent Outdoor Firepit. Permanently installed outdoor firepits for recreational fire purposes shall not be installed within 10 feet of a structure or combustible material. Firepits that are supplied by flammable or combustible liquids or gasses shall be equipped with a manually activated shunt switch that immediately interrupts and isolates the fuel supply. Exception: Permanently installed outdoor fireplaces constructed in accordance with the International Building Code. Section 307.4.5 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Section 307.5 Attendance of the International Fire Code, 2015 edition, is amended to read as follows: Section 307.5 Attendance. Open burning, trench burns, bonfires, or recreational fires and use of portable outdoor fireplaces shall be constantly attended until the . . . {remainder of section unchanged} Section 307.6 of the International Fire Code, 2015 edition, is added to read as follows: Section 307.6 Penalty; Conflicting Regulations. Any person, firm, corporation or business violating this article, including without limitation conducting an outdoor burn or maintaining a bonfire fire or rubbish fire within the city’s corporate limits without a properly issued permit is punishable as provided in this section. An offense of this article is a Class C misdemeanor, and upon conviction thereof shall be fined. Each continuing day’s violation under this section shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state, and federal law. Where, in a specific case, this section and sections of the 2015 edition of the International Fire Code (as amended by this article) specify requirements that conflict with the requirements under other applicable sections of city ordinances or adopted codes, the most restrictive sections shall govern. Otherwise, all parts of any other Page 201 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 11 ordinance in conflict with the provisions of this section are to the extent of such conflict hereby repealed. Section 308.1.4 Open-flame cooking devices of the International Fire Code, 2015 edition, is amended to read as follows: Section 308.1.4 Open-Flame Cooking Devices. Open-flame cooking devices, charcoal grills, and other similar devices used for cooking shall not be located or used on combustible balconies, decks, or within 10 feet (3,048 mm) of combustible construction. Exceptions: 1. One and two-family dwellings, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20-pound (9.08 kg) LP- gas capacity] with an aggregate LP-gas capacity not to exceed 100 lbs. (5 containers). 2. Where buildings, balconies, and decks are protected by an approved automatic sprinkler system, except that LP-gas containers are limited to a water capacity not greater than 50 pounds (22.68 kg) [nominal 20-pound (9.08 kg) LP-gas capacity], with an aggregate LP-gas capacity not to exceed 40 lbs. (2 containers). 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2½ pounds [nominal 1-pound (0.454 kg) LP-gas capacity]. Section 308.1.4.1 of the International Fire Code, 2015 edition, is added to read as follows: Section 308.1.4.2 Burning of Refuse Prohibited. The burning of refuse in a barbeque grill or open-flame cooking device is not an approved method for refuse disposal, is declared a public nuisance, and is prohibited anywhere in the City of Anna. Refuse shall mean and include garbage, rubbish, and trade waste defined as follows: Section 308.1.4.3 Garbage. Garbage shall mean animal and vegetable matter such as that originating in houses, kitchens, restaurants, hotels, produce markets, food service or processing establishments, greenhouses, hospitals, clinics, or veterinary facilities. Section 308.1.4.4 Rubbish. Rubbish shall mean solids not considered to be highly flammable or explosive such as, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, metal food containers, glass, crockery, masonry, and other similar materials. Section 308.1.4.5 Trade Waste. Trade waste shall mean all solid or liquid material resulting from construction, building operations, or the prosecution or any business, trade or industry such as, but not limited to, plastic products, cinders and other forms of solid or liquid waste materials. Section 308.1.4.5 Materials Producing Dense Smoke Prohibited. The burning of rubber, asphaltic materials, combustible and flammable liquids, impregnated wood or similar materials which produce dense smoke are considered objectionable, a hazard, a public nuisance to the community, and are strictly prohibited. Page 202 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 12 Section 308.1.6.2 Portable fueled open-flame devices of the International Fire Code, 2015 edition, Exception 3 is amended to read as follows: Exceptions: 3. Torches or flame-producing devices in accordance with Section 308.1.3. Section 308.1.6.3 Sky lanterns of the International Fire Code, 2015 edition, is amended to read as follows: Section 308.1.6.3 Sky Lanterns. A person shall not release or cause to be released an untethered or unmanned free-floating device containing an open flame or other heat source, such as but not limited to a sky lantern. Section 311.5 Placards of the International Fire Code, 2015 edition, is amended to read as follows: Section 311.5 Placards. The Fire Code Official is authorized to require marking of any vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards, as required by Section 311.5.1 through 311.5.5. Chapter 4. Emergency planning and preparedness of the 2015 International Fire Code is amended as follows: Section 401.3 Emergency responder notification of the International Fire Code, 2015 edition, is amended to add Section 401.3.4 to read as follows: Section 401.3.4 Fire Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled, transmitted, caused, permitted to be given, signaled, or transmitted in any manner. Section 403.5 Group E occupancies of the International Fire Code, 2015 edition, is amended to read as follows: Section 403.5 Group E Occupancies. An approved fire safety and evacuation plan in accordance with Section 404 shall be prepared and maintained for Group E occupancies and for buildings containing both a Group E occupancy and an atrium. A diagram depicting two (2) evacuation routes shall be posted in a conspicuous location in each classroom. Group E occupancies shall also comply with Sections 403.5.1 through 403.5.3. Section 404.2.2 Fire safety plans of the International Fire Code, 2015 edition, is amended by the addition of the following: Section 4.10 Fire sprinkler, suppression, and extinguishing system controls. (Under Number 4 “Floor plans identifying the locations of the following:” add subsection 4.10 “Fire sprinkler, suppression, and extinguishing system controls.” Section 405.4 Time of the International Fire Code, 2015 edition, is amended to read as follows: Page 203 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 13 Section 405.4 Time. The fire code official may require an evacuation drill at any time. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions that occur in case of fire. Chapter 5. Fire service features of the International Fire Code, 2015 edition, is amended to read as follows: Section 501.4 Timing of installation of the International Fire Code, 2015 edition, is amended to read as follows: Section 501.4 Timing of Installation. When fire apparatus access roads or a water supply for fire protection is required to be installed for any structure or development, they shall be installed, tested, and approved prior to the time of which construction has progressed beyond completion of the foundation of any structure. Section 503.1.1 Buildings and facilities of the International Fire Code, 2015 edition, is amended to read as follows: Section 503.1.1 Buildings and Facilities. Approved fire apparatus… {text unchanged} building or facility. Except for one or two-family dwellings, the path of measurement shall be along a minimum of a ten foot (10') wide unobstructed pathway around the external walls of the structure. {exceptions unchanged} Section 503.2.1 Dimensions of the International Fire Code, 2015 edition, is amended to read as follows: Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 14 feet (4,267 mm). Any such fire lane easement shall either connect both ends to a dedicated street or be provided with a turnaround having a minimum outer radius of 50 feet. If two (2) or more interconnecting lanes are provided, the interior radius for that connection shall be required to be in accordance with the following: For 90 degree or greater turns only: 1. 24-foot fire lane (30 foot inside turning radius) 2. 30-foot fire lane (10 foot inside turning radius) For turns tighter than 90 degrees: American Association of State and Highway Transportation Officials (AASHTO) Geometric design of Highways and Streets shall be utilized. Exception: Vertical clearance may be reduced; provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Sections 503.2.2 and 503.2.3 of the International Fire Code, 2015 edition, are amended to read as follows: Page 204 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 14 Section 503.2.2 Authority. The Fire Code Official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support imposed loads of 90,000 lbs. with a compressive strength of 3,600 psi for fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. All fire lanes shall be constructed to meet the City of Anna Engineering Standards. Section 503.3 Marking of the International Fire Code, 2015 edition, is amended to read as follows: Section 503.3 Marking. Striping, signs, or other markings, when approved by the Fire Code Official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs and other markings shall be maintained in a clean and legible condition at all times and are replaced or repaired when necessary to provide adequate visibility. 1. Striping. Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 25 feet intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the striping shall be on the vertical face of the curb. 2. Signs. Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") above finished grade. Signs shall be spaced not more than fifty feet (50') apart along both sides of the fire lane. Signs may be installed on permanent buildings or walls or as approved by the Fire Marshal. Section 503.4 Obstruction of fire apparatus access roads of the International Fire Code, 2015 edition, is amended to read as follows: Section 503.4 Obstruction of Fire Apparatus Access Roads. Fire apparatus roads shall not be obstructed in any manner, including the parking of vehicles, whether attended or unattended for any period of time. Persons in charge of a construction project, such as, but not limited to, a General Contractor, are responsible to ensure that fire lanes are kept clear of vehicles and other obstructions at all times and may be issued a citation for non-compliance under this Section. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The Fire Chief, Fire Marshal, Police Chief, and their designated representatives are authorized to remove or cause to be removed any material, vehicle, or object obstructing a fire lane at the expense of the owner of such material, vehicle, or object. Section 503.4.1 and 503.4.2 of the International Fire Code, 2015 edition, are amended to read as follows: Page 205 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 15 Section 503.4.1 Obstruction And Control. No owner or person in charge of any premises served by a fire lane or access easement shall abandon, restrict, alter, or close any fire lane or easement without first securing written approval from the City of Anna and the Fire Chief of an amended plat or other acceptable legal instrument showing the removal of the fire lane. Section 503.4.2 Speed Control Devices. Speed bumps, traffic calming devices, or other similar obstacles designed to slow the speed of traffic and that have the effect of slowing or impeding the response of fire apparatus shall be prohibited. Section 503.6 Security gates of the International Fire Code, 2015 edition, is amended by the addition of the following: Section 503.6.1 Security Gates. The installation of security gates, or other devices intended to limit the access of vehicles or persons, shall comply with the Fire Marshal's Office established written policy statements. Section 505.1 Address identification of the International Fire Code, 2015 edition is amended to read as follows: Section 505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (152.4 mm) high with a minimum stroke width of ½ inch (12.7 mm). Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6 inch (152.4 mm) height building numerals or addresses and 4 inch (101.6 mm) height suite/apartment numerals of a color contrasting with the background of the building or other approved means shall be used to identify the structure. Numerals or addresses shall be posted on a minimum 20-inch (508 mm) by 30-inch (762 mm) background on border. Address identification shall be maintained. Sections 505.1.1 - 505.1.5 and Section 505.3 of the International Fire Code, 2015 edition, are amended by the addition of the following: Section 505.1.1 Single Family Homes. R-3 Single Family occupancies shall have approved numerals of a minimum 4" high, 5/8" stroke and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists. Section 505.1.2 Multifamily Communities. Street Address shall be a minimum of 12" high with a 2" stroke. Individual building numbers shall be a minimum of 18" high with a 3" stroke. Buildings over 100 feet in length require a minimum of two (2) numbers per building. Apartment spread numbers shall be a minimum of 7" high with a 1-inch stroke and corridor spread numbers shall be a minimum of 4" high with a 5/8" brush stroke. Individual apartment unit numbers shall be a minimum of 4" in height with a 5/8" stroke. Section 505.1.3 Large Office and Warehouse Buildings. Address must be visible from all access directions. Number shall be a minimum of 24" in height with a 4" stroke. Page 206 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 16 Buildings over 300 feet long shall have two (2) address locations if more than one access point is visible. Suite numbers shall be required for multi-tenant complexes and shall be located over the front door and on the rear door, 8" in height with a 1" brush stroke. Section 505.1.4 Shopping Centers, High Rise Buildings, and Other Applications. A minimum of 14" high numbers with a 2" brush stroke shall be visible from all access directions. Suite numbers are required over the door with 6" high numbers with a 5/8" brush stroke. Buildings beyond 100 feet from the street and 10,000 square feet shall install 18" numbers with a 3" stroke. Section 505.1.5 Marquee and Monument. Addresses installed on a marquee located next to the street will require numbers 14" high with a 2" brush stroke to be located a minimum of 3 feet above grade. Marquee and Monument signs must meet City of Anna Sign Ordinance Requirements. Section 505.3 Directional/Equipment ID Signage. Directional and equipment identification signage may be required by the Code Official and shall meet the requirements as set forth in the Fire Marshal's Office written policy statements. Section 506.1 Where required of the International Fire Code, 2015 edition, is amended by the addition of the following: Section 506.1 Where Required. All new and existing occupancies, except single-family residences, shall install and provide access to the lock box(es) as specified in the Fire Marshal's Office written policy statement. Business owners, occupants, or responsible parties shall provide a building master access key to the Fire Code Official or his designee to be secured inside the respective lock box. Failure to provide the required lock box and master key shall be considered a non-compliance violation and is subject to citation. For compliance purposes, the Fire Code Official shall also be empowered to revoke any existing Certificate of Occupancy in coordination with the City of Anna Building and Planning Departments. Section 507.4 Water supply test of the International Fire Code, 2015 edition, is amended to read as follows: Section 507.4 Water Supply Test Date and Information. The water supply test used for hydraulic calculation of fire protection systems shall be conducted in accordance with NFPA 291 "Recommended Practice for Fire Flow Testing and Marking of Hydrants" and within one year of sprinkler plan submittal. The Fire Code Official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the Fire Code Official, as required. The exact location of the static/residual hydrant and the flow hydrant shall be indicated on the design drawings. All fire protection plan submittals shall be accompanied by a hard copy of the waterflow test report, or as approved by the Fire Code Official. The report must indicate the dominant water tank level at the time of the test and the maximum and minimum operating levels of the tank, as well, or identify applicable water supply fluctuation. The licensed contractor must then design the fire protection system based on this fluctuation information, as per the applicable referenced NFPA standard. Reference Section 903.3.5 for additional design requirements. Section 507.5.1 Where required of the International Fire Code, 2015 edition, is amended to read as follows: Page 207 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 17 Section 507.5.1 Where Required. As properties develop within the fire response district, fire hydrants shall be located at all intersecting streets and at the maximum spacing indicated in Table 507.5.1. Distances between hydrants shall be measured along the route that fire hose is laid by a fire vehicle from hydrant to hydrant. Table 507.5.1 Maximum Distance Between Hydrants OCCUPANCY SPRINKLERED NOT SPRINKLERED Residential (One & Two-Family) 500 feet 500 feet Residential (Multi-Family) 300 feet 300 feet Commercial 300 feet 300 feet All Other 500 feet 300 feet There shall be a minimum of two (2) fire hydrants serving each property within the prescribed distance listed in Table 507.5.1. As applied to protected properties, fire hydrants shall be installed along fire lanes with spacing as required for street installations specified in 507.5.1. In addition, hydrants required to provide supplemental water supply for automatic fire protection systems and/or fire department standpipe systems shall be installed within 100 feet of the Fire Department Connection (FDC) for such systems. Section 507 Fire protection water supplies of the International Fire Code, 2015 edition, is amended to read as follows: Section 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections (otherwise known as a Fire Department Connection or FDC) or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible or accessible. The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. Section 507.5.7 Fire Hydrant Type. All hydrants shall be of the three-way type with National Standard threads, breakaway construction, minimum 5¼" valve opening and shall comply with the latest AWWA specification C-502. The hydrant shall have a 4½" large connection with two 2½" side connections and shall be placed on water mains of no less than six inches (6") in size. Fire hydrants shall be Mueller "Centurion", Clow, Waterous (American Flow Control), East Jordan, or approved equal. 507.5.8 Valves. Valves shall be placed on all fire hydrants leads. Section 507.5.9 Breakaway Point. Fire hydrants shall be installed so that the breakaway point is no less than three (3) inches, and no greater than five (5) inches above the grade surface. Page 208 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 18 Section 507.5.10 Curb Line. Fire hydrants shall be located a minimum of two (2) feet and a maximum of six (6) feet behind the curb line. No fire hydrant shall be placed in a cul-de-sac or the turning radius of fire lanes. Section 507.5.11 Positioning. All fire hydrants shall be installed so that the 4½" connection will face the fire lane or street. Section 507.5.12 Limiting Access Obstruction. Fire hydrants, when placed at intersections or access drives to parking lots, shall be placed so that the minimum obstruction of the intersection or access drive will occur when the hydrant is in use. Section 507.5.13 Private Property. Fire hydrants located on private property shall be accessible to the fire department at all times. All fire hydrants placed on private property shall be adequately protected by either curb stops, concrete posts or other approved methods. Such stops shall be the responsibility of the landowner on which the fire hydrant is installed. Section 507.5.14 Location To Building. Fire hydrants shall not be located closer than fifty (50) feet to a building or at a distance equaling the height of the building + ten (10) feet. Section 507.5.15 Identification. An approved blue, two-sided reflector shall be utilized to identify each hydrant location. The reflector shall be affixed to the center line of each roadway or fire access lane opposite fire hydrants. Section 507.5.16 Color. Fire hydrant caps and bonnet shall be painted according to the NFPA 291 (see Table 507.5.16). The remainder of the hydrant above ground shall be painted silver. Table 507.5.16 GPM COLOR 1,500 or greater Blue 1,000 – 1,499 Green 500 - 999 Orange Less than 500 Red Section 509 of the International Fire Code, 2015 edition, is amended to read as follows: Section 509.1.2 Sign Requirements. Unless more stringent requirements apply, lettering for signs required by this Section shall have a minimum height of two (2) inches when located inside a building and four (4) inches when located outside, or as approved by the Fire Code Official. The letters shall be of a color that contrasts with the background. All signage shall comply with the Fire Marshal's Office established written policy statements. Section 509.2.1 Fire Sprinkler Riser Rooms and Fire Pump Rooms. Fire riser and fire pump rooms shall be isolated within the building and used only for the purposes of fire suppression and/or fire alarm and control systems. Water heaters/boilers, mop sinks, roof access, electrical, and storage are examples of prohibited equipment within Page 209 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 19 a riser room. Dimensional requirements for riser rooms are as follows: Rooms serving a single riser must be 20 sq. ft. in size with a minimum 4’ wide dimension; rooms serving multiple risers may require additional square footage as determined by the Fire Code Official. All riser and pump rooms shall be directly accessible from the exterior of the structure and be provided with a secured exterior access door. The exterior access door shall be equipped with signage in accordance with the written policy statements of the Fire Marshal’s Office. Section 509.3 Underground Fire Water Lines. Exterior vaults containing double- check valves for underground fire water lines (also called underground fire mains) are not permitted. Double-check valves shall be installed in the riser room, the main sprinkler control valve room, or as directed by the Fire Marshal’s Office. Chapter 6. Building services and systems of the International Fire Code, 2015 edition, is amended to read as follows: Section 603.3.2.1 Quantity limits of the International Fire Code, 2015 edition, the Exception is amended to read as follows: Exception: The aggregate capacity limit shall be permitted to be increased to 3,000 gallons (11,356 L) in accordance with all requirements of Chapter 57. {remainder of exception deleted} Section 603.3.2.2 Restricted use and connection of the International Fire Code, 2015 edition, is amended to read as follows: Section 603.3.2.2 Restricted Use and Connection. Tanks installed in accordance with Section 603.3.2 shall be used only to supply fuel oil to fuel-burning equipment installed in accordance with Section 603.3.2.4. Connections between tanks and equipment supplied by such tanks shall be made using closed piping systems. Sections 604.1.1 through 604.8 of the International Fire Code, 2015 edition, are amended to read as follows: Section 604.1.1 Stationary Generators. Stationary emergency and standby power generators required by this code shall be listed in accordance with UL 2200. Section 604.1.2 Installation. Emergency power systems and standby power systems shall be installed in accordance with the International Building Code, NFPA 70, NFPA 110 and NFPA 111. Existing installations shall be maintained in accordance with the original approval, except as specified in Chapter 11. Section 604.1.9 Critical Operations Power Systems (COPS). For Critical Operations Power Systems necessary to maintain continuous power supply to facilities or parts of facilities that require continuous operation for the reasons of public safety, emergency management, national security, or business continuity, see NFPA 70. Section 604.2 Where Required. Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.24 or elsewhere identified in this code or any other referenced code. Page 210 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 20 Section 604.2.4 Emergency Voice/Alarm Communications Systems. Emergency power shall be provided for emergency voice/alarm communications systems in the following occupancies, or as specified elsewhere in this code, as required in Section 907.5.2.2.5. The system shall be capable of powering the required load for a duration of not less than 24 hours, as required in NFPA 72. Covered and Open Malls, Section 907.2.20 and 914.2.3 Group A Occupancies, Sections 907.2.1 and 907.5.2.2.4. Special Amusement Buildings, Section 907.2.12.3 High-rise Buildings, Section 907.2.13 Atriums, Section 907.2.14 Deep Underground Buildings, Section 907.2.19 Section 604.2.12 Means of Egress Illumination. Emergency power shall be provided for means of egress illumination in accordance with Sections 1008.3 and 1104.5.1. (90 minutes). Section 604.2.13 Membrane Structures. Emergency power shall be provided for exit signs in temporary tents and membrane structures in accordance with Section 3103.12.6.1. (90 minutes). Standby power shall be provided for auxiliary inflation systems in permanent membrane structures in accordance with Section 2702 of the International Building Code (4 hours). Auxiliary inflation systems shall be provided in temporary air-supported and air-inflated membrane structures in accordance with section 3103.10.4. Section 604.2.15 Smoke Control Systems. Standby power shall be provided for smoke control systems in the following occupancies, or as specified elsewhere in this code, as required in Section 909.11: Covered Mall Building, International Building Code, Section 402.7 Atriums, International Building Code, Section 404.7 Underground Buildings, International Building Code, Section 405.8 Group I-3, International Building Code, Section 408.4.2 Stages, International Building Code, Section 410.3.7.2 Special Amusement Buildings (as applicable to Group A’s), International Building Code, Section 411.1 Smoke Protected Seating, Section 1029.6.2.1 Section 604.2.17 Covered and Open Mall Buildings. Emergency power shall be provided in accordance with Section 907.2.20 and 914.2.3. Section 604.2.18 Airport Traffic Control Towers. A standby power system shall be provided in airport traffic control towers more than 65 ft. in height. Power shall be provided to the following equipment: Page 211 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 21 1. Pressurization equipment, mechanical equipment and lighting. 2. Elevator operating equipment. 3. Fire alarm and smoke detection systems. Section 604.2.19 Smokeproof Enclosures and Stair Pressurization Alternative. Standby power shall be provided for smokeproof enclosures, stair pressurization alternative and associated automatic fire detection systems as required by the International Building Code, Section 909.20.6.2. Section 604.2.20 Elevator Pressurization. Standby power shall be provided for elevator pressurization system as required by the International Building Code, Section 909.21.5. Section 604.2.21 Elimination of Smoke Dampers in Shaft Penetrations. Standby power shall be provided when eliminating the smoke dampers in ducts penetrating shafts in accordance with the International Building Code, Section 717.5.3, exception 2.3. Section 604.2.22 Common Exhaust Systems for Clothes Dryers. Standby power shall be provided for common exhaust systems for clothes dryers located in multistory structures in accordance with the International Mechanical Code, Section 504.10, Item 7. Section 604.2.23 Hydrogen Cutoff Rooms. Standby power shall be provided for mechanical ventilation and gas detection systems of Hydrogen Cutoff Rooms in accordance with the International Building Code, Section 421.8. Section 604.2.24 Means of Egress Illumination In Existing Buildings. Emergency power shall be provided for means of egress illumination in accordance with Section 1104.5 when required by the fire code official. (90 minutes in I-2, 60 minutes elsewhere.) Section 604.8 Energy Time Duration. Unless a time limit is specified by the fire code official, in this chapter or elsewhere in this code, or in any other referenced code or standard, the emergency and standby power system shall be supplied with enough fuel or energy storage capacity for not less than 2-hour full-demand operation of the system. Exception: Where the system is supplied with natural gas from a utility provider and is approved. Section 609.2 Where required of the International Fire Code, 2015 edition, is amended to read as follows: Section 609.2 Where Required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease-laden vapors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavilions, or any form of roofed enclosure, as required by the fire code official. Exceptions: 1. Tents, as provided for in Chapter 31 2. {no changes to existing exception} Page 212 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 22 Additionally, fuel gas and power provided for such cooking appliances shall be interlocked with the extinguishing system, as required by Section 904.12.2. Fuel gas containers and piping/hose shall be properly maintained in good working order and in accordance with all applicable regulations. Chapter 7. Fire and smoke protection features of the International Fire Code, 2015 edition, is amended as follows: Section 704.1 Enclosure of the International Fire Code, 2015 edition, is amended to read as follows: Section 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two (2) or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as required in Chapter 11. New floor openings in existing buildings shall comply with the International Building Code. Chapter 8. Interior finish, decorative materials and furnishings of the International Fire Code, 2015 edition, is amended as follows: Section 807.3 Combustible decorative materials of the International Fire Code, 2015 edition, is amended to read as follows: Section 807.3 Combustible Decorative Materials. In occupancies in Groups A, E, I, and R-1, and dormitories in Group R-2, curtains, draperies, fabric hangings and other similar combustible decorative materials suspended from walls or ceilings shall comply with Section 807.4 and shall not exceed 10 percent of the specific wall or ceiling area to which they are attached. Section 807.5.2.2 Artwork in corridors of the International Fire Code, 2015 edition, is amended to read as follows: Section 807.5.2.2 Artwork In Corridors. Artwork and teaching materials shall be limited on the walls of corridors to not more than 20 percent of the wall area. Such materials shall not be continuous from floor to ceiling or wall to wall. Curtains, draperies, wall hangings, and other decorative material suspended from the walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 807.5.2.3 Artwork in Classrooms of the International Fire Code, 2015 edition, is amended to read as follows: Section 807.5.2.3 Artwork in Classrooms. Artwork and teaching materials shall be limited on walls of classrooms to not more than 50 percent of the specific wall area to which they are attached. Curtains, draperies, wall hangings and other decorative material suspended from the Page 213 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 23 walls or ceilings shall meet the flame propagation performance criteria of NFPA 701 in accordance with Section 807 or be noncombustible. Chapter 9. Fire protection systems of the International Fire Code, 2015 edition, is amended as follows: Section 901.6.1 Standards of the International Fire Code, 2015 edition, is amended to add Section 901.6.1.1 to read as follows: Section 901.6.1.1 Standpipe Testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the Fire Code Official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no pressure criteria required at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Pressure relief, reducing, or control valves shall be prohibited on all standpipe systems. All hose valves shall be exercised. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's as required by the Fire Code Official. 5. Upon successful completion of standpipe test, place a blue tag (as per "Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum. 6. The procedures required by the Texas Administrative Code Fire Sprinkler Rules with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Code Official) shall be followed. 7. Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected nighttime freezing conditions. 9. The Fire Code Official shall be contacted for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose Page 214 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 24 valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the Fire Code Official. Section 901.6 False alarms and nuisance alarms of the International Fire Code, 2015 edition, is amended with the addition to read as follows: Section 901.6.3 False Alarms and Nuisance Alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. An alarm shall constitute a public nuisance if it falsely activates more than the below-listed number of false alarms, except that alarms activated during the first thirty (30) days after the initial installation of the system will not be counted as false alarms: 1. Eight (8) false alarms in any thirty (30) day period: 2. Twenty (20) false alarms in any ninety (90) day period; or 3. Thirty (30) false alarms in any one hundred eighty (180) day period. Section 901.7 Systems out of service of the International Fire Code, 2015 edition is amended to read as follows: Section 901.7 Systems Out of Service. Where a required fire protection system is out of service or in the event of an excessive number of activations constituting a public nuisance under Section 901.6.3, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service… {remaining text unchanged} Section 901.8.2 Removal of Occupant-Use Hose Lines of the International Fire Code, 2015 edition is amended to read as follows: Section 901.8.2 Removal of Occupant-Use Hose Lines. The fire code official is authorized to permit the removal of occupant-use hose lines and hose valves where all of the following conditions exist: 1. The hose line(s) would not be utilized by trained personnel or the fire department. 2. If the occupant-use hose lines are removed, but the hose valves are required to remain as per the fire code official, such shall be compatible with local fire department fittings. Section 903.1.1 Alternative Protection of the International Fire Code, 2015 edition, is amended to read as follows: Section 903.1.1 Alternative Protection. Alternative automatic fire-extinguishing systems complying with Section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard, or as provided by the Fire Code Official. Section 903.1.1.2 of the International Fire Code, 2015 edition, is added to read as follows: Section 903.1.1.2 Residential Systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purpose of exceptions or reductions, commonly referred to as "trade-offs," permitted by other requirements of this code. Page 215 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 25 In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attics, breezeways, and patios. Garage areas must also be covered in residential sprinkler systems installed in accordance with NFPA 13D and NFPA 13R. Exception: Group R-3 attached garages need not be sprinklered throughout if a dry sprinkler is installed within 5 feet (1,524 mm) of the door opening between the garage and attached residence. Residential fire sprinkler risers shall be located on a heated wall inside the garage. Exception: Other riser location(s) as approved by the Anna Fire Marshal’s Office. Section 903.2 of the International Fire Code, 2015 edition, is amended to delete the Exception and add the following to read as follows: Section 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12. Automatic Sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY - NO STORAGE ALLOWED." Section 903.2.9 of the International Fire Code, 2015 edition, is amended to add Section 903.2.9.3 to read as follows: Section 903.2.9.3 Self-Service Storage Facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. A screen shall be installed at eighteen (18") inches below the level of the sprinkler heads to restrict storage above that level. This screen shall be a mesh of not less than one (1) inch not greater than six (6") inches in size. This screen and its supports shall be installed such that all elements are at least eighteen (18") inches below any sprinkler head. Section 903.2.11.3 of the International Fire Code, 2015 edition, is amended and Sections 903.2.11.7, 903.2.11.8, 903.2.11.9 and 903.2.11.9.1 are added to read as follows: Section 903.2.11.3 Buildings 35 Feet or More in Height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1510 of the International Building Code, located 35 feet (10,668 mm) or more above the lowest level of Fire Department vehicle access. Exception: Open parking structures in compliance with Section 406.5 of the International Building Code. Section 903.2.11.7 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4,572 mm), see Chapter 32 to determine if those provisions apply. Section 903.2.11.8 Spray Booths and Rooms. New and existing spray booths and aerosol spraying rooms shall be protected by an approved automatic fire-extinguishing system. Section 903.2.11.9 Buildings Over 6,000 Square Feet. An automatic sprinkler system shall be installed throughout all buildings with a building area over 6,000 sq. ft. For the purpose of this provision, fire walls shall not define separate buildings. For this Section only, area measurement shall be based on outside dimensions of exterior walls, Page 216 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 26 exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. For upper level attic type rooms areas where the ceiling height is less than five feet (5'0") shall not be considered. Unfinished space framed to permit future expansion of floor area shall be considered as part of the area. Joists designed to support floor loads shall be assumed to be for future area. Exceptions: (1) Open parking garages in compliance with Section 406.5 of the International Building Code. (2) New or existing one- or two-family dwellings; provided, however, that any regulations regarding sprinkler systems for new or existing one- or two-family dwelling that were adopted by the City before January 1, 2009 are hereby preserved, are not affected in any manner by these amendments, and are in full force and effect. See Texas Occupations Code § 1301.551(i). Section 903.2.11.9.1 Modifications, Repairs, and Additions to Existing Buildings. An automatic sprinkler system shall be installed throughout in accordance with NFPA 13, 13D, or 13R as applicable and this code in all existing buildings when: 1. The structure is enlarged to 6,000 square feet or greater. 2. Existing structure greater than 6,000 square feet and the square footage increased. 3. The cumulative remodel of any building, over any period of time, from the original adoption of this ordinance that is equal to or is greater than 6,000 square feet. 4. When a structure is renovated or is damaged to fifty percent (50%) or more of the gross floor area or if the value of the damage or renovation exceeds fifty percent (50%) of the value of the structure at the time of damage or renovation. 5. Required to be protected in accordance with the City of Anna Building or Fire Codes. Section 903.3.1.1.1 Exempt locations of the International Fire Code, 2015 edition, is amended to read as follows: Section 903.3.1.1.1 Exempt Locations. When approved by the Fire Code Official, automatic sprinklers shall not be required in the following rooms or areas where such {text unchanged} because it is damp, of fire-resistance-rated construction, or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Code Official. Page 217 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 27 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than two (2) hours. 4. Elevator machine rooms, machinery spaces, and hoistways. Section 903.3.1.2.3 Attics and attached garages of the International Fire Code, 2015 edition, is amended to add the following: Section 903.3.1.2.3 Attics and Attached Garages. Sprinkler protection is required in attic spaces of such buildings two (2) or more stories in height in accordance with NFPA 13 and/or NFPA 13R requirements for attached garages. Section 903.3.1.3 NFPA 13D sprinkler systems of the International Fire Code, 2015 edition, is amended to read as follows: Section 903.3.1.3 NFPA 13D Sprinkler Systems. Automatic sprinkler systems installed in one and two-family dwellings; Group R-3; Group R-4 Condition 1 and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D or in accordance with state law. Section 903.3.1.4 of the International Fire Code, 2015 edition, is amended to add the following: Section 903.3.1.4 Freeze Protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section. Section 903.3.1.4.1 Attics. Only dry-pipe, pre-action, or listed automatic fire sprinkler systems shall be allowed to protect attic spaces. Exception: Wet-pipe fire sprinkler systems shall be allowed to protect non-ventilated attic spaces where: 1. The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building, and 2. Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard, and 3. The attic space is a part of the building’s thermal or heat envelope such that insulation is provided at the roof deck rather than at the ceiling level. Section 903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the fire code official for small sections of large diameter water-filled pipe. Section 903.3.5 Water supplies of the International Fire Code, 2015 edition, is amended to add a second paragraph to read as follows: Section 903.3.5 Water Supplies. Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system Page 218 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 28 shall be designed with a 10 psi safety factor. Reference Section 507.4 for additional design requirements. Section 903.4 Sprinkler system supervision and alarms of the International Fire Code, 2015 edition, is amended to add a second paragraph after the Exceptions to read as follows: Section 903.4 Sprinkler System Supervision, Alarms, and Individual Zone Controls. Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds but no longer than 90 seconds. All control valves in the sprinkler and standpipe systems except for Fire Department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. The City of Anna Fire Department requires the installation of individual zone control valves for the following: 1. Multi-story buildings shall be zoned by floor and have separate control valves installed that will allow each floor to be independently isolated (shut-off) without having an effect on the operation of the sprinkler system on other floors. 2. Multi-story multi-family residential buildings that are separated by a breezeway or fire rated assembly can be zoned by building section if approved in advance by Anna Fire Marshal’s Office. The required sectional control valves shall be located in the main sprinkler control valve room or as directed by the Fire Marshal or his designee. 3. Hazardous areas such as spray booths, flammable liquid storage rooms, etc. shall be separate zones and have separate control valves installed that will allow the sprinkler system in these areas to be independently shut-off without having an effect on the operation of the system in other areas. The required zone control valves shall be located in an accessible area outside the spray booth or room or in the main sprinkler control valve room. 4. Special systems such as pre-action systems shall be separate zones and have separate control valves installed that will allow the sprinkler system in these areas to be independently shut-off without having an effect on the operation of the system in other areas. 5. Computer rooms shall be separate zones and have separate control valves installed that will allow the sprinkler system in these areas to be independently shut-off without having an effect on the operation of the system in other areas. 6. Where sprinklers are installed in racks, separate indicating control valves and drains shall be provided and arranged so that ceiling and in-rack sprinklers can be controlled independently. 7. Subfloor areas shall have separate control valves installed that will allow the subfloor area to be independently shutoff without having an effect on the operation of the sprinkler system in other areas. The required zone control valves shall be located in an accessible area outside the subfloor area. Page 219 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 29 8. Where the zoning of the sprinkler system and installation of separate control valves will increase the level of fire protection for the building, and the life safety of the occupants and firefighters as determined by the Fire Marshal. The City of Anna Fire Department requires the supervision and monitoring on all valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water-based fire suppression systems. Graphic maps shall be posted in the fire sprinkler riser room depicting sprinkler zones. Proper tagging and/or signage per Anna Fire Department specifications shall identify all valves as to function and to identify their location. Section 903.4.2 Alarms of the International Fire Code, 2015 edition, is amended by adding a second paragraph to read as follows: Section 903.4.2 Alarms. The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the Fire Department Connection. Section 903.3.7 Fire department connections of the International Fire Code, 2015 edition, is amended and Section 903.3.7.1 is added to read as follows: Section 903.3.7 Fire Department Connections. The location of Fire Department connections shall be approved by the Fire Code Official. {remainder of text unchanged} FDC’s shall be five-inch (5") Storz connection with a 30-45 degree down elbow and locking "Knox" cap. Traditional 2-way Siamese connection with locking "Knox" caps may be used when approved by the Anna Fire Department. Where the FDC is serving more than 500 GPM the building shall be provided with one five-inch (5”) Storz connection and one 2-way Siamese connection. Remote FDC’s shall connect to the fire sprinkler riser inside the fire sprinkler riser room post all double-check valves or backflow preventers. FDC’s shall be installed remotely and outside of a structure’s collapse zone. The Fire Code Official may, were applicable, seek an equivalency to this requirement at his discretion. 903.3.7.1 Missing or Damaged FDC Caps. Missing or damaged FDC caps on new and existing structures shall be replaced with locking "Knox" FDC caps. Section 903.6 of the International Fire Code, 2015 edition, is amended to add Section 903.6.1 to read as follows: Section 903.6.3.1 Spray Booths and Rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. Section 905.2 Installation standard of the International Fire Code, 2015 edition, is amended to read as follows: Section 905.2 Installation Standard. Standpipe systems shall be installed in accordance with this Section and NFPA 14. Manual dry standpipe systems shall be Page 220 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 30 supervised with a minimum of 10 psi and a maximum of 40 psi air pressure with a high/low supervisory signal. Section 905.3 Required installations of the International Fire Code, 2015 edition, is amended to add Section 905.3.9 and Exception to read as follows: Section 905.3.9 Building Area. In buildings exceeding 10,000 square feet in area per story and where any portion of the building’s interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access, Class I automatic wet or manual wet standpipes shall be provided. Exception: (1) Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14. (2) R-2 occupancies of four (4) stories or less in height having no interior corridors. Section 905.4, of the International Fire Code, 2015 edition, Section 905.4, is amended by changing Items 1, 3, and 5, and adding Item 7 to read as follows: 1. In every required exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the Fire Code Official. 2. {no change} 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from an exit stairway hose connection by a…. {remainder of text unchanged} 4. {no change} 5. Where the roof has a slope less than 4 units vertical in 12 units horizontal (33.3- percent slope), each standpipe shall be provided with a two-way hose connection located to serve the roof or at the highest landing of an exit stairway with stair access to the roof provided in accordance with Section 1011.12. 6. {no change} 7. When required by this Chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200’) intervals along major corridors thereafter, or as otherwise approved by the fire code official. Section 905.9 Valve supervision of the International Fire Code, 2015 edition, is amended to add a second paragraph after the Exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds but no longer than 90 seconds. All control valves in the sprinkler and standpipe systems, except for Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Page 221 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 31 Section 907.1 General of the International Fire Code, 2015 edition, is amended to add Section 907.1.4 to read as follows: Section 907.1.4 Design Standards. All alarm systems, new or replacements, shall be addressable. Alarm systems serving more than 20 smoke detectors shall have analog initiating devices. Section 907.2.1 Group A of the International Fire Code, 2015 edition, is amended to read as follows: Section 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with new Section 907.5 shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with Section 707.3. 10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: {no change} Activation of fire alarm notification appliances shall: 1. Cause illumination of the means of egress with light of not less than 1 foot- candle (11 lux) at the walking surface level, and 2. Cease any conflicting or confusing sounds and visual distractions. {Exception remains unchanged} Section 907.2.3 Group E of the International Fire Code, 2015 edition, is amended to change Exception 1, and add Exception 1.1 to read as follows: Section 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Exceptions: 1. A manual fire alarm system is not required in Group E educational and day care occupancies with an occupant load of less than 50 persons when provided with an approved automatic sprinkler system. 1.1. A residential in-home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. For care of more than five (5) children who are 2 1/2 or less years of age, see Section 907.2.6. {no change to remainder of exceptions} Section 907.2.13 High-rise buildings of the International Fire Code, 2015 edition, Exception 3 is amended to read as follows: Page 222 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 32 Exceptions: 3. Open air portions of buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code, when used for open air seating. This exception does not apply to accessory uses including but not limited to sky boxes, restaurants, and similarly enclosed areas. {remaining exceptions unchanged} Section 907.4.2 Manual fire alarm boxes of the International Fire Code, 2015 edition, is amended to add Sections 907.4.2.7 and 907.4.2.8 to read as follows: Section 907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type. Section 907.4.2.8 False Activation Prevention. Publicly accessible manual alarm initiating devices present in all occupancies shall be equipped with an approved false activation prevention device capable of emitting an audible warning upon removal. Equipment shall be designed and installed in accordance with the written policy statements of the Fire Marshal’s Office. Section 907.6.1 Wiring of the International Fire Code, 2015 edition, is amended to add Section 907.6.1.1 to read as follows: Section 907.6.1.1 Wiring Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (Class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for Class A circuits and shall have a minimum of four (4) feet separation horizontal and one (1) foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device may be wired Class B, provided the distance from the interface device to the initiating device is ten (10) feet or less. Section 907.6.3 Initiating device identification of the International Fire Code, 2015 edition, is amended by deleting all four Exceptions and a sentence at end of paragraph to read as follows: See 907.6.3 for the required information transmitted to the supervising station. Section 907.6.6 Monitoring of the International Fire Code, 2015 edition, is amended to add Section 907.6.6.3 to read as follows: Section 907.6.6.3 Communication Requirements. All alarm systems, new or replacements, shall transmit alarm, supervisory and trouble signals descriptively to the approved central station, remote supervisory station or proprietary supervising station as defined in NFPA 72, with the correct device designation and location of addressable device identification. Alarms shall not be permitted to be transmitted as a General Alarm or Zone condition. Amend the International Fire Code, 2015 edition, to add Section 907.10 to read as follows: Page 223 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 33 Section 907.10 Password Protection Prohibited. No fire alarm system shall be protected by a password or pin number that would hinder immediate silencing capabilities by the Fire Department. Amend the International Fire Code, 2015 edition, to add Section 909.22 to read as follows: Section 909.22 Stairway or Ramp Pressurization Alternative. Where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and the stair pressurization alternative is chosen for compliance with Building Code requirements for a smokeproof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10 inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to the building measured with all interior exit stairway and ramp doors closed under maximum anticipated conditions of stack effect and wind effect. Such systems shall comply with Section 909, including the installation of a separate fire-fighter’s smoke control panel as per Section 909.16, and a Smoke Control Permit shall be required from the fire department as per Section 105.7. Section 909.22.1 Ventilating Equipment. The activation of ventilating equipment for the stair or ramp pressurization system shall be by smoke detectors installed at each floor level at an approved location at the entrance to the smokeproof enclosure. When the closing device for the stairway or ramp shaft and vestibule doors is activated by smoke detection or power failure, the mechanical equipment shall activate and operate at the required performance levels. Smoke detectors shall be installed in accordance with Section 907.3. Section 909.22.1.1 Ventilation Systems. Smokeproof enclosure ventilation systems shall be independent of other building ventilation systems. The equipment, control wiring, power wiring, and ductwork shall comply with one of the following: (1) Equipment, control wiring, power wiring, and ductwork shall be located exterior to the building and directly connected to the smokeproof enclosure or connected to the smokeproof enclosure by ductwork enclosed by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. (2) Equipment, control wiring, power wiring, and ductwork shall be located within the smokeproof enclosure with intake or exhaust directly from and to the outside or through ductwork enclosed by not less than 2-hour barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. (3) Equipment, control wiring, power wiring, and ductwork shall be located within the building if separated from the remainder of the building, including other mechanical equipment, by not less than 2-hour fire barriers constructed in accordance with Section 707 of the Building Code or horizontal assemblies constructed in accordance with Section 711 of the Building Code, or both. Exceptions: 1. Control wiring and power wiring utilizing a 2-hour rated cable or cable system. Page 224 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 34 2. Where encased with not less than 2 inches (51 mm) of concrete. 3. Control wiring and power wiring protected by a listed electrical circuit protective system with a fire-resistance rating of not less than 2 hours. Section 909.22.1.2 Standby Power. Mechanical vestibule and stairway ramp shaft ventilation systems and automatic fire detection systems shall be provided with standby power in accordance with Section 2702 of the Building Code. Section 909.22.1.3 Acceptance and Testing. Before the mechanical equipment is approved, the system shall be tested in the presence of the fire code official to confirm that the system is operating in compliance with these requirements. Section 910.2 Where required of the International Fire Code, 2015 edition, Exceptions 2 and 3 are amended to read as follows: Exceptions: 2. Only manual smoke and heat removal shall be required in areas of buildings equipped with Early Suppression Fast-Response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited. 3. Only manual smoke and heat removal shall be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S)½ or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited. Section 910.2 of the International Fire Code, 2015 edition, is amended to add Section 910.2.3 with Exceptions to read as follows: Section 910.2.3 Group H. Installation is required in buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H-2 or H-3, any of which are more than 15,000 square feet (1,394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3, and 4 liquid and/or solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, and/or Class 2 or 3 water-reactive materials as required for a high-hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. Section 910.3 Smoke and heat vents of the International Fire Code, 2015 edition, is amended to add section 910.3.4 to read as follows: Section 910.3.4 Vent Operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 910.3.2.1 through 910.3.2.3. Page 225 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 35 Section 910.3.4.1 Sprinklered Buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically. The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (38 degrees C) greater than the temperature rating of the sprinklers installed. Exception: Manual-only systems per Section 910.2. Section 910.3.4.2 Non-Sprinklered Buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 130 degrees F (56 degrees C) and 250 degrees F (122 degrees C) above ambient. Exception: Listed gravity-operated drop out vents. Section 910.4.3.1 Makeup air of the International Fire Code, 2015 edition, is amended to read as follows: Section 910.4.3.1 Makeup Air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust. Section 910.4.4 Activation of the International Fire Code, 2015 edition, is amended to read as follows: Section 910.4.4 Activation. The mechanical smoke removal system shall be activated automatically by the automatic sprinkler system or by an approved fire detection system. Individual manual controls shall also be provided. Exception: Manual-only systems per Section 910.2. Section 912.2 of the International Fire Code, 2015 edition, is amended to add Section 912.2.3 to read as follows: Section 912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the Fire Department Connection as the fire hose lays along an unobstructed path. Section 913.1 General of the International Fire Code, 2015 edition, is amended to add a second paragraph and Exception to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior Fire Department access door that is not less than 3 feet in width and 6 ft. - 8 inches in height regardless of any interior doors that are provided. A key box shall be provided at this door as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the Fire Code Official. Access keys shall be provided in the key box as required by Section 506.1. Section 913.4 of the International Fire Code, 2015 edition, is amended to add a second paragraph to read as follows: Page 226 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 36 The fire-pump system shall also be supervised for "loss of power," "phase reversal," and "pump running" conditions by supervisory signal on district circuits. Section 914.3.1.2 Water supply to required fire pumps of the International Fire Code, 2015 edition, is amended to read as follows: Section 914.3.1.2 Water Supply to Required Fire Pumps. In buildings that are more than 120 feet (36.5 m) in building height, required fire pumps shall be supplied by connections to no fewer than two (2) water mains located on different streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate. Exception: {no change to exception} Chapter 10. Means of egress. of the International Fire Code, 2015 edition, is amended as follows: Section 1006.2.2 of the International Fire Code, 2015 Edition is amended to add a section as follows: Section 1006.2.2.6 Electrical Rooms. For electrical rooms, special exiting requirements may apply. Reference the National Electrical Code as adopted. Section 1009.1 Accessible means of egress required of the International Fire Code, 2015 Edition is amended to add the following Exception 4 to read as follows: {previous exceptions unchanged} 4. Buildings regulated under State Law and built in accordance with State registered plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of Section 1009. Section 1010.1.9.4 Bolt locks of the International Fire Code, 2015 edition is amended such that Exceptions 3 and 4 read as follows: Exceptions: 3. Where a pair of doors serve an occupant load of less than 50 persons in a Group B, F, M or S occupancy, {remainder unchanged} 4. Where a pair of doors serve a Group A, B, F, M or S occupancy, {remainder unchanged} Section 1015.8 Window openings of the International Fire Code, 2015 Edition is amended to read as follows: 1. Operable windows where the top of the sill of the opening is located more than 55 feet (16 764 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F 2006. Section 1020.1 Construction of the International Fire Code, 2015 edition, is amended to add Exception 6 to read as follows: Page 227 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 37 Exceptions: 6. In Group B occupancies, corridor walls and ceilings need not be of fire- resistive construction within a single tenant space when the space is equipped with an approved automatic fire alarm system with corridor smoke- detection. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to the building's fire alarm system where such system is provided. Section 1020.6 Corridor continuity of the International Fire Code, 2015 edition, is amended to read as follows: Section 1020.6 Corridor Continuity. All corridors shall be continuous from the point of entry to an exit and shall not be interrupted by intervening rooms. {remaining exceptions unchanged} Section 1029.1.1.1 Spaces under grandstands and bleachers of the International Fire Code, 2015 edition, is deleted. Section 1031.2 Reliability of the International Fire Code, 2015 edition, is amended to read as follows: Section 1031.2 Reliability. Required exit accesses, exits, or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. Security devices affecting means of egress shall be subject to approval of the Fire Code Official. Ch. 11. Construction requirements for existing buildings of the International Fire Code, 2015 edition, is amended to read as follows: Section 1103.3 Existing elevators of the International Fire Code, 2015 edition, is amended with addition to read as follows: Provide emergency signage as required by Section 607.3. Section 1103.5 Sprinkler systems of the International Fire Code, 2015 edition, is amended to add Section 1103.5.4 to read as follows: Section 1103.5.4 Fire Protection. Existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system in accordance with Section 2404. Section 1103.7 Fire alarm systems of the International Fire Code, 2015 edition, is amended to add Section 1103.7.8 and 1103.7.8.1 to read as follows: Section 1103.7.8 Fire Alarm System Design Standards. Where an existing fire alarm system is upgraded or replaced, the devices shall be addressable. Fire alarm systems utilizing more than 20 smoke and/or heat detectors shall have analog initiating devices. Page 228 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 38 Exception: Existing systems need not comply unless the total building or fire alarm system remodel or expansion exceeds 30% of the building. When cumulative building or fire alarm system remodel or expansion initiated after the date of original fire alarm panel installation exceeds 50% of the building, or fire alarm system, the fire alarm system must comply within 18 months of permit application. Section 1103.7.8.1 Communication Requirements. Refer to Section 907.6.6 for applicable requirements. Ch. 23. Motor fuel-dispensing facilities and repair garages of the International Fire Code, 2015 edition, is amended to read as follows: Section 2304.1 Supervision of dispensing of the International Fire Code, 2015 edition, is amended to read as follows: Section 2304.1 Supervision of Dispensing. The dispensing of fuel at motor fuel- dispensing facilities shall be in accordance with the following: 1. Conducted by a qualified attendant; and/or, 2. Shall be under the supervision of a qualified attendant; and/or 3. Shall be an unattended self-service facility in accordance with Section 2304.3. At any time the qualified attendant of Item 1 or 2 above is not present, such operations shall be considered as an unattended self-service facility and shall also comply with Section 2304.3. Ch. 24. Flammable finishes of the International Fire Code, 2015 edition, is amended to read as follows: Section 2401.2 Nonapplicability of the International Fire Code, 2015 edition, is deleted. Ch. 32. High-piled combustible storage of the International Fire Code, 2015 edition, is amended to read as follows: Table 3206.2 General fire protection and life safety requirements of the International Fire Code, 2015 edition, is amended to replace text of footnote "j" to read as follows: j. Where storage areas are protected by either Early Suppression Fast Response (ESFR) sprinkler systems or control mode special application sprinklers with a response time index of 50 (m • s) 1/2 or less that are listed to control a fire in the stored commodities with 12 or fewer sprinklers, installed in accordance with NFPA 13, manual smoke and heat vents or manually activated engineered mechanical smoke exhaust systems shall be required within these areas. Page 229 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 39 Ch. 33. Fire safety during construction and demolition of the International Fire Code, 2015 edition, is amended to read as follows: Section 3310.1 Required access of the International Fire Code, 2015 edition, is amended with the addition of a sentence to end of paragraph to read as follows: When fire apparatus access roads are required to be installed for any structure or development, they shall be approved prior to the time at which construction has progressed beyond completion of the foundation of any structure. Chapter 56. Explosives and fireworks of the International Fire Code, 2015 edition, is amended to read as follows: Section 5601.7 Seizure of the International Fire Code, 2015 edition, is amended to read as follows: Section 5601.7 Seizure. The Fire Code Official, Fire Marshal, Fire Chief or his designee is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials, or fireworks offered or exposed for sale, unlawfully stored, or used in violation of this chapter. Section 5601.1.3 Fireworks of the International Fire Code, 2015 edition, Exceptions are amended to read as follows: 5601.1.3 Fireworks. The manufacture, storage, sale, and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as allowed in Section 5604 and 5608. 2. The use of fireworks for approved displays as allowed in Section 5608. Section 5601 of the International Fire Code, 2015 edition, is amended to add Sections 5601.9 and 5601.10 to read as follows: Section 5601.9 Territorial Applicability. This article shall be applicable within the corporate limits of the city and further within the area immediately contiguous and adjacent to the city limits, extending for a total distance of 5,000 feet; provided, however, that this article shall not apply: (1) within any portion of said 5,000-foot area which is contained within the territory of any other municipal corporation; and (2) with regard to the sale (and storage directly connected with the active sale) of fireworks outside the City’s corporate limits. Section 5601.10 Civil Liability. Nothing in this article shall relieve any person from any civil liability in connection with the manufacture, storage, sale, or use of fireworks or other device, composition, or substance referenced in this article. Section 5608.1 of the International Fire Code, 2015 edition, is amended to add a sentence to read as follows: Page 230 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 40 All displays shall comply with the laws of the State of Texas and the Texas State Fire Marshal’s Office. Chapter 57. Flammable and combustible liquids of the International Fire Code, 2015 edition, is amended to read as follows: Section 5703.6 Piping systems of the International Fire Code, 2015 edition, is amended to add a sentence to read as follows: Section 5703.6 Piping Systems. Piping systems, and their component parts, for flammable and combustible liquids shall be in accordance with Sections 5703.6.1 through 5703.6.11. An approved method of secondary containment shall be provided for underground tank and piping systems. Section 5704.2.9.5 of the International Fire Code, 2015 edition, is amended to change Section 5704.2.9.5 and add Section 5704.2.9.5.3 to read as follows: Section 5704.2.9.5.3 Combustible Liquid Storage Tanks Inside of Buildings. The maximum aggregate allowable quantity limit shall be 3,000 gallons (11,356 L) of Class II or III combustible liquid for storage in protected above-ground tanks complying with Section 5704.2.9.7 when all of the following conditions are met: 1. The entire 3,000 gallon (11,356 L) quantity shall be stored in protected above-ground tanks; 2. The 3,000 gallon (11,356 L) capacity shall be permitted to be stored in a single tank or multiple smaller tanks; 3. The tanks shall be located in a room protected by an automatic sprinkler system complying with Section 903.3.1.1; and 4. Tanks shall be connected to fuel-burning equipment, including generators, utilizing an approved closed piping system. The quantity of combustible liquid stored in tanks complying with this Section shall not be counted towards the maximum allowable quantity set forth in Table 5003.1.1(1), and such tanks shall not be required to be located in a control area. Such tanks shall not be located more than two (2) stories below grade. Section 5704.2.11 of the International Fire Code, 2015 edition, is amended to read as follows: Section 5704.2.11.1 Location. 4. Storage of flammable and combustible liquids in fixed underground tanks shall not be installed beneath a designated fire lane. Section 5704.2.11.4 Leak prevention of the International Fire Code, 2015 edition, is amended to read as follows: Section 5704.2.11.4 Leak Prevention. Leak prevention for underground tanks shall comply with Sections 5704.2.11.4.1 and 5704.2.11.5.2 through 5704.2.11.4.3. An approved method of secondary containment shall be provided for underground tank and piping systems. Page 231 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 41 Section 5704.2.11.4.2 of the International Fire Code, 2015 edition, is amended to read as follows: Section 5704.2.11.4.2 Leak Detection. Underground storage tank systems shall be provided with an approved method of leak detection from any component of the system that is designed and installed in accordance with NFPA 30 and as specified in Section 5704.2.11.4.3. Section 5704.2.11.4.3 of the International Fire Code, 2015 edition, is added to Section 5704.2.11.4 to read as follows: Section 5704.2.11.4.3 Observation Wells. Approved sampling tubes of a minimum 4 inches in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point 12 inches below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling tube at the corners of the excavation with a minimum of 4 tubes. Sampling tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed along product lines towards the dispensers, a minimum of two (2) are required. Chapter 61. Liquefied petroleum gases of the International Fire Code, 2015 edition, is amended to read as follows: Section 6103.2.1 Portable containers of the International Fire Code, 2015 edition, is amended to add Section 6103.2.1.8 to read as follows: Section 6103.2.1.8 Jewelry Repair, Dental Labs, and Similar Occupancies. Where natural gas service is not available, portable LP-gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.08 kg) water capacity. Aggregate capacity shall not exceed 60- pound (27.2 kg) water capacity (3 containers). Each device shall be separated from other containers by a distance of not less than 20 feet. Section 6104.2 Maximum capacity within established limits of the International Fire Code, 2015 edition, is amended to add Exception 2 read as follows: Exceptions: 1. {existing text unchanged} 2. Except as permitted in Sections 308 and 6104.3.2, LP-gas containers are not permitted in residential areas. Section 6104.3 Container location of the International Fire Code, 2015 edition, is amended to add Section 6104.3.3 to read as follows: Section 6104.3.3 Spas, Pool Heaters, and Other Listed Devices. Where natural gas service is not available, a LP-gas container is allowed to be used to supply spa and pool heaters or other listed devices. Such container shall not exceed 250-gallon water capacity per lot. See Table 6104.3 for location of containers. Page 232 of 256 LOCAL AMENDMENTS TO 2015 INTERNATIONAL FIRE CODE PAGE 42 Exception: Lots where LP-gas can be off-loaded wholly on the property where the tank is located may install up to a 500 gallon above ground or 1,000 gallon underground approved container. Section 6107.4 Protecting containers from vehicles of the International Fire Code, 2015 edition, is amended to read as follows: Section 6107.4 Protecting Containers from Vehicles. Where exposed to vehicular damage due to proximity to alleys, driveways, or parking areas, LP-gas containers, regulators, and piping shall be protected in accordance with Section 312. Section 6109.13 Protection of containers of the International Fire Code, 2015 edition, is amended to read as follows: Section 6109.13 Protection of Containers. LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering. Vehicle impact protection shall be provided as required by Section 6107.4. Appendix B. Fire-flow requirements for buildings. Table B105.2 of the International Fire Code, 2015 edition, is amended to read as follows: Table B105.2, Footnote a. of the International Fire Code, 2015 edition, is amended to read as follows: a. The reduced fire-flow shall be not less than 1,500 gallons per minute. Page 233 of 256 Item No. 6.b. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Clark McCoy AGENDA ITEM: Consider/Discuss/Action on the initiation of the Bond Process related to "Anna Sherley" Phase One and MI PID Bond Issuances in accordance with and subject to the requirements of the Sherley Tract Subdivision Improvement Agreement, with the goal of closing funds prior to December 15th, 2020. (City Attorney, Clark McCoy) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: ATTACHMENTS: 1.20200729_Centurion American Development Group_003 (002) APPROVALS: Carrie Land, City Secretary Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 234 of 256 Page 235 of 256 Item No. 6.c. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Greg Peters AGENDA ITEM: Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance to adopt new solid waste rates in the City of Anna, Texas. (Director of Public Works, Greg Peters) SUMMARY: The City of Anna has entered into a contract with CARDS Dallas, Incorporated for solid waste services. The contract was approved by the City Council at the July 14th meeting. This item is to adopt the solid waste, recycling, bulk trash, and disposal rates which will be charged to the public for the services. The proposed rate for residential services represents a $0.25 reduction in monthly costs per household. This item does require a public hearing as it is an ordinance to adopt new fees. FINANCIAL IMPACT: The Ordinance sets the rates paid by residential and commercial customers for solid waste services in the City of Anna. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4 - High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1.Ordinance - Adopt Solid Waste Rates APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 236 of 256 Page 237 of 256 CITY OF ANNA, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A, ARTICLE A6.001 GARBAGE COLLECTION CHARGES; 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 contract solid waste and recycling collection services to residents and businesses in the City; and, WHEREAS, the City has completed a request for proposal process and selected a new contractor to provide solid waste and recycling services in the City of Anna; and, WHEREAS, the City Council has found and determined a need to revise solid waste and collection fees based upon the new contract pricing; and WHEREAS, the City of Anna hereby establishes new garbage collection charges; and WHEREAS, the new garbage collection charges shall go into effect on September 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. Section 2.Adoption of Garbage Collection Charges. As relates to all solid waste and recycling collection in the City of Anna, the City Council hereby revises the current rates shown in Exhibit A and adopts the garbage collection charges as set forth in Section 3 and detailed in Exhibit B of this ordinance. Page 238 of 256 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 September 1, 2020 shall use the newly adopted rates presented fully in Exhibit B referenced herein. (b)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 239 of 256 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28th day of July 2020. ATTEST:APPROVED: ____________________________________________________ City Secretary, Carrie L. Land Mayor, Nate Pike ------------------------------ Page 240 of 256 Exhibit A Current Rates (following page) Page 241 of 256 Sec. A6.001 Garbage collection charges (a) Residential - single-family polycart service*: $15.50 per month for each residential unit. (b) Commercial polycart collection*: Minimum $15.50 per month. *Additional polycarts: $5.00 each per month. *Lost polycart: $75.00 fee. (c) Dumpster rates*: Size/Pickup 1x Week 2x Week 3x Week 4x Week 5x Week Extra Pickup (same day) 2 cu yd $38.00 $59.00 $80.00 $101.00 $122.00 $29.00 3 cu yd $48.00 $86.00 $124.00 $162.00 $200.00 $37.00 4 cu yd $58.00 $106.00 $154.00 $202.00 $250.00 $47.00 6 cu yd $78.00 $139.00 $200.00 $261.00 $322.00 $52.00 8 cu yd $98.00 $163.00 $228.00 $293.00 $358.00 $61.00 *Note: Rates do not include sales tax. (d) Roll-off container rates: The following rates are for large roll-off containers, which will be billed directly by the city’s contractor. Roll-off bin container rates*: Size/Pickup Rental per Day Cost per Pickup Delivery Charge 20 cu yd $4.00 $242.00 $60.00 30 cu yd $4.00 $301.00 $60.00 40 cu yd $4.00 $347.00 $60.00 40 cu yd (compactor)$4.00 $380.00 $60.00 *Note: Rates do not include sales tax or 10% franchise fee. Page 242 of 256 Exhibit B Proposed Rates for Adoption (following page) Page 243 of 256 Sec. A6.001 Garbage collection charges (a)Residential polycart collection service, per residential unit* i.$13.71 per month for solid waste, recycling, and 1x/month bulk trash service* ii.$1.54 per month disposal fee** iii.$7.00 per month for each additional polycart iv.$75.00 lost polycart fee *Does not include sales tax or franchise fee. **Disposal Fee based upon current landfill disposal costs and material recovery facility charges for recycling. Subject to change. Page 244 of 256 (b)Commercial Collection and Disposal Service Rates: the following rates are for commercial solid waste services, which will be billed directly by the city’s contractor. i.Dumpster Collection service rates*: Dumpster Collection Rates Size/Pickup 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week Cart $20.48 $40.95 $61.43 $81.91 $103.53 N/A 2 cu yd $72.90 $118.77 $184.30 $245.73 $318.78 $383.33 3 cu yd $89.29 $143.34 $192.49 $286.68 $376.34 $452.16 4 cu yd $105.16 $163.82 $233.55 $327.64 $429.47 $515.81 6 cu yd $135.04 $245.73 $368.59 $491.45 $614.32 $738.29 8 cu yd $159.39 $312.14 $442.75 $573.37 $717.26 $860.04 *Note: Rates do not include sales tax, franchise fee, or disposal fee. ii.Vertical Compactor Collection Service Rates*: Vertical Compactor Collection Rates Size/Pickup 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 2 cu yd $143.90 $287.79 $430.57 $573.37 $717.26 $861.15 4 cu yd $266.75 $532.40 $799.17 $1,064.82 $1,331.57 $1,597.22 6 cu yd $409.55 $819.09 $1,228.64 $1,638.18 $2,047.72 $2,457.26 8 cu yd $561.19 $1,122.38 $1,683.55 $2,211.54 $2,784.90 $3,342.76 *Note: Rates do not include sales tax, franchise fee, or disposal fee. Page 245 of 256 iii.Commercial Disposal Fees** Dumpster Disposal Fees Size/Pickup 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week Cart $8.46 $16.93 $25.39 $33.85 $41.32 N/A 2 cu yd $30.13 $49.09 $76.17 $101.56 $132.61 $158.44 3 cu yd $36.90 $59.25 $79.56 $118.49 $156.12 $186.89 4 cu yd $43.46 $67.71 $96.53 $135.42 $177.51 $213.19 6 cu yd $55.81 $101.56 $152.35 $203.13 $253.91 $305.15 8 cu yd $65.88 $129.01 $183.00 $236.98 $296.46 $355.48 Vertical Compactor Disposal Fees Size/Pickup 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 2 cu yd $59.47 $118.95 $177.97 $236.98 $296.46 $355.93 4 cu yd $110.26 $220.06 $330.31 $440.11 $550.37 $660.17 6 cu yd $169.27 $338.55 $507.82 $677.10 $846.37 $1,015.65 8 cu yd $231.95 $463.90 $695.86 $914.08 $1,151.07 $1,381.65 **Disposal Fee based upon current landfill disposal costs and material recovery facility charges for recycling. Subject to change. Page 246 of 256 (d) Roll-off container rates: The following rates are for large roll-off containers, which will be billed directly by the city’s contractor. i.Roll-off bin collection service rates*: Size/Pickup Rental Fee per month Delivery Fee Collection Fee (per pull) Disposal Fee** (per ton) 20 cu yd $150.00 $100.00 $300.00 $42.00 30 cu yd $200.00 $100.00 $350.00 $42.00 40 cu yd $225.00 $100.00 $400.00 $42.00 *Rates do not include sales tax, or franchise fee. **Disposal Fee based upon current landfill disposal costs and material recovery facility charges for recycling. Subject to change. Page 247 of 256 Item No. 6.d. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Terri Doby AGENDA ITEM: Presentation of the proposed FY 2020-2021 Budget (City Manager, Jim Proce) SUMMARY: Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year, the City Manager must submit to the City Council a budget for the ensuing fiscal year. Staff will provide a brief presentation of the proposed FY 2020-2021 Budget. A hard copy of the draft budget will be provided to each City Council member for review. A copy of the draft budget will be posted on the City's website on August 12th. FINANCIAL IMPACT: Process to adopt the Fiscal Year 2021 Budget STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: No action on the budget is required at this time. ATTACHMENTS: APPROVALS: Terri Doby, Budget Manager Created/Initiated - 8/5/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 248 of 256 Proposed Budget FY2021 Property Tax Values Certified Assessed Value FY 2020 ~$1.30B Certified Assessed Value FY 2020 w/ Supplements ~$1.32B Certified Assessed Value FY 2021 (Projection)~$1.47B 2 Property Tax Rates FY2019 FY2020 FY2021 No-New-Revenue (Effective)$0.536478/100 $0.537068/100 $0.569415/100 Voter-approval at 3.5% (Rollback)N/A N/A $0.566951/100 De Minimus N/A N/A $0.585711/100 Proposed $0.591288/100 $0.591288/100 $0.583000/100 Voter-approval at 8.0% (Rollback)$0.624613/100 $0.559740/100 $0.586560/100 3 Property Tax Revenues FY2020 FY2021 No-New- Revenue FY2021 Voter - Approval 3.5% FY2021 Proposed FY2021 Voter - Approval 8% Property Tax Rate $0.591288/100 $0.569415/100 $0.566951/100 $0.583000/100 $0.586560/100 Certified Value $1.30B $1.47B $1.47B $1.47B $1.47B Tax Levy $7.72M $8.37M $8.33M $8.57M $8.62M 1 Penny on Tax Rate $127K $145K $145K $145K $145K Tax Collections*$7.61M $8.25M $8.22M $8.45M $8.50M *Collection rate set at 98.6%. 4 Property Tax Revenues FY2019 Actual FY2020 Budget FY2021 No-New- Revenue FY2021 Voter - Approval 3.5% FY2021 Proposed FY2021 Voter - Approval 8% General Fund (O&M)$4,776,274 $5,809,827 $6,441,501 $6,405,782 $6,638,415 $6,690,012 Debt Service Fund (I&S)1,820,334 1,798,101 $1,812,163 $1,812,163 $1,812,163 $1,812,163 Total Tax Revenue $6,596,608 $7,607,928 $8,253,664 $8,217,945 $8,450,578 $8,502,175 5 Property Tax Rates 0.55 0.56 0.56 0.56 0.55 0.53 0.51 0.48 0.43 0.45 0.47 0.10 0.09 0.09 0.09 0.10 0.11 0.12 0.12 0.16 0.14 0.12 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 - Prop O&M Debt * Rates are rounded to the nearest penny. 6 Impact on Average Homeowner FY2020 FY2021 – NNR FY2021 Voter - Approval 3.5% FY2021 Proposed FY2021 Voter - Approval 8% Average Home Value $226,776 $230,000 $230,000 $230,000 $230,000 Tax Rate 59.1288 56.9415 56.6951 58.3000 58.6560 Annual Tax Bill $1,340.90 $1,309.65 $1,303.99 $1,340.90 $1,349.09 Average Monthly Increase N/A N/A N/A $0.00 $0.68 7 Sales Tax Revenue 2016 Actual 2017 Actual 2018 Actual 2019 Actual 2020 Adopted Budget 2020 Projected Budget 2021 Proposed General $771,155 $1,059,424 $1,201,662 $1,468,337 $1,529,050 $1,730,000 $1,765,000 Streets -144,326 300,416 367,084 382,262 430,000 440,000 CDC 385,577 674,038 901,247 1,101,253 1,137,630 1,300,000 1,300,000 EDC 385,577 241,060 ----- Total $1,542,309 $2,118,848 $2,403,325 $2,936,674 $3,048,942 $3,460,000 $3,505,000 8 Staffing Summary 2017 2018 2019 2020 2021 General Fund 46.5 55.5 67.9 74.9 86.4 Utility Fund 16.5 23.0 26.0 26.0 27.5 Park Development ----2.5 CDC Fund -1.0 1.0 1.0 1.0 TOTAL 63.0 79.5 94.9 101.9 117.4 9 All Funds Staffing History 44.0 45.0 45.0 50.0 54.0 58.0 63.0 79.5 94.9 101.9 117.4 0.0 20.0 40.0 60.0 80.0 100.0 120.0 140.0 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 Prop. 10 Building Permits History 91 30 26 100 351 305 290 216 273 440 342 616 900 0 100 200 300 400 500 600 700 800 900 1000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Proj 11 General Fund Revenues $12.1M $- $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 MillionsFY19 Actual FY20 Estimated FY21 Projected General Fund Proposed Revenues $12.1M Property Taxes 55.5% Sales Tax 18.2% Charges for Services 0.9% Licenses &d Permits 17.7% Franchise & Local Taxes 5.0% Investments 0.6% Intergovernmental 1.1%Fines 0.7% General Fund Proposed Expenses $12.1M Payroll 67.5% Supplies 4.0% Maintenance 1.9% Services 18.1% Capital Improvement 2.9% Transfers 5.0% General Fund Proposed Operational Expenses FY2019 Actual FY2020 Budget FY2021 Proposed % Change FY20 to FY21 General Government Administration $529.4K $789.3K $447.7K (43.3%) City Council 76.9K 44.9K 31.3K (30.4%) City Manager 536.9K 650.7K 1,010.8K 55.3% City Secretary 136.6K 193.6K 234.0K 20.9% Information Technology --312.2K - Finance 409.7K 645.1K 562.0K (12.9%) Total General Government $1,689.5K $2,323.6K $2,598.0K 11.8% Development Services $1,219.2K $1,303.7K $981.5K (24.7%) 15 General Fund Proposed Operational Expenses FY2019 Actual FY2020 Budget FY2021 Proposed % Change FY20 to FY21 Public Safety Animal Control $74.7K $67.0K $77.3K 15.3% Fire 1,412.1K 1,635.6K 2,017.8K 23.4% Ambulance 125.2K 137.7K 128.4K (6.7%) Police 2,245.8K 2,715.0K 3,146.0K 15.9% Municipal Court 115.9K 135.9K 135.2K (0.5%) Total Public Safety $3,973.7K $4,691.2K $5,504.8K 17.3% 16 General Fund Proposed Operational Expenses FY2019 Actual FY2020 Budget FY2021 Proposed % Change FY20 to FY21 Neighborhood Services --$601.3K - Parks $472.6K $681.3K $651.4K (4.4%) Streets $653.4K $938.6K $1,031.0K 9.8% Economic Development $88.1K $144.8K $159.6K 10.2% TOTAL OPERATIONAL EXPENDITURES $8,096.4K $10,083.2K $11,527.6K 13.3% Transfers to Other Funds (SAFER)33.5K 151.5K 609.2K 63.3% TOTAL EXPENDITURES $8,130.0K $10,234.7K $12,136.8K 14.1% 17 General Fund Balance FY2019 Actual FY2020 Budget FY2020 Estimated FY2021 Proposed Beginning Fund Balance $4.62M $4.32M $5.85M $5.33M Total Operating Revenue 9.36M 10.23M 11.06M 12.14M Total Base Operating Expense 8.10M 10.08M 9.96M 10.85M FY2021 Additions ---0.67M Transfers Transfer to Other Funds 0.03M 0.15M 1.62M 0.61M Total Expenses $8.13M $10.23M $11.58M $12.13M Ending Fund Balance $5.85M $4.32M $5.33M $5.33M Fund Balance Percentage 72.2%42.9%53.5%46.3% 18 Decision Package Summary –All Requests Fund Requested Proposed City Manager $35,503 $35,503 City Secretary $70,118 $19,338 Development Services $79,532 $79,532 Finance $89,460 $89,460 Fire $1,740,562 $95,869 Neighborhood Services (Code Enforcement)$86,977 $86,977 Parks $58,879 $49,947 Police $484,429 $465,364 Total $2,645,460 $921,990 19 Decision Package Summary Department Decision Package Add FY2020 Add FY2021 FTEs City Manager Admin. Asst (full-time)-$35,503 0.5 City Secretary Deputy City Secretary -$19,338 1.0 Development Services Plans Examiner $79,532 -1.0 Finance Senior Accountant -$89,460 1.0 Fire Administrative Assistant -$65,869 1.0 Fire SCBA Cylinder Replacement $30,000 -- Neighborhood Services Code Enforcement Officer $66,977 -1.0 Neighborhood Services Code Abatement -$20,000 - Parks Maintenance Worker I -$49,947 1.0 20 Decision Package Summary Department Decision Package Add FY2020 Add FY2021 FTEs Police Bicycle Patrol Enhancement -$6,250 - Police Mobile Data Computer (MDC) Replacement $41,274 -- Police Video Examination Software $6,080 -- Police LPR Camera Network $12,500 -- Police Body Worn Camera Additions $64,604 -- Police Detective -$114,136 1.0 Police Police Officer -$220,520 2.0 GRAND TOTAL $300,967 $621,023 9.5 21 FY2020 Additions Department Position Cost Offset FTEs Neighborhood Services Code Compliance Officer Increase in Rental Registration; Eliminate Contract Service 1.0 Neighborhood Services Recreation Manager w/3 PT Recreation Aides Development Fund 2.5 Development Services Plans Examiner Eliminate contract service 1.0 Utility Administration Civil Engineer Eliminate contract service 1.0 22 FY2021 Additions Department Position Fund FTEs Fire -SAFER Firefighters SAFER Grant with General Fund Match 9.0/3.0 Fire Administrative General Fund 1.0 Police Detective/2 Officers General Fund 3.0 Parks Maintenance General Fund 1.0 Finance Accounting General Fund 1.0 City Secretary Deputy/Assistant General Fund 1.0 Human Resources Generalist General Fund 0.5 Utility Billing Customer Service Utility Fund 0.5 23 Utility Fund Revenues $11.3M $- $0.5 $1.0 $1.5 $2.0 $2.5 $3.0 $3.5 $4.0 $4.5 $5.0 $5.5 $6.0 $6.5 MillionsFY19 Actual FY20 Estimated FY21 Projected Utility Fund Proposed Revenues $11.3M Water Sales 46.9% Sewer Charges 29.2% Solid Waste Charges 9.3% Other Fees and Charges 12.9% Interest and Other Income 1.7% Utility Fund Proposed Expenses $10.5M Payroll 19.6%Supplies 1.5% Maintenance 5.1% Water Purchases 10.8% Sewer Treatment 22.1% Solid Waste 9.9% Other Services 11.0% Debt Service 20.0% Water and Sewer Rate Changes Sample Residential Water and Sewer Bill Consumption Existing New Rate Change 2,000 gallons $49.88 $54.86 $4.98 5,000 gallons $82.55 $90.80 $8.25 15,000 gallons $191.45 $210.60 $19.15 27 Utility Rates –Comparison Cities 5,000 Gallons Median: $90.80 Mean: $94.97 $111.55 $110.97 $107.88 $95.06 $90.80 $87.05 $86.95 $84.03 $80.43 $0.00 $20.00 $40.00 $60.00 $80.00 $100.00 $120.00 Howe Melissa Van Alstyne Murphy Anna Prosper Little Elm Fairview Celina 28 Other Notable Highlights •Strategic Planning Update •Master Planning Efforts •Financial Software Selection •Utility Rate Structure •Building Permit Volume –900+ •Permit turnaround time improved (13.5 wks <3days) •New Positions in response to Council consensus •Municipal Complex •Bond Election Preparation •Solid Waste Disposal Contract 29 Solid Waste Disposal Cost Impacts •Current Cost to Neighbor -$15.15 •New Cost to Neighbor -$15.25 •New Carts and Dumpsters •New Trucks •New Schedules –same frequency •Annual HazMat Day –No direct cost to Neighbors 30 Things That Will Follow •Upcoming Discussions: •CIP (All Departments) •Utility Fund •Budget Meetings/Hearings •August 25 –Utility/CIP •September 1 –Public Hearing •September 8 –Adoption •Briefings •Meetings with City Manager as needed 31 Item No. 6.e. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact:Terri Doby AGENDA ITEM: Consider/Discuss/Action on a Resolution to propose a property tax rate of 0.583000 per $100 of property valuation for the City that the Council may adopt for the 2020 tax year and setting date and time for a public hearing on the tax rate. (City Manager, Jim Proce) SUMMARY: After properties are appraised by the Collin County Appraisal District, the Collin County Tax Assessor-Collector calculates both the No-New-Revenue tax rate and the Voter- Approval tax rate for the City of Anna as the designated officer to complete the tax rate calculation forms created by the Texas Comptroller and to certify the calculations as accurate. No-New-Revenue tax rate: The No-New-Revenue tax rate is a calculated rate that would provide the taxing unit with the same amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised value. If property values rise, the No-New-Revenue tax rate will go down and vice versa. The No-New-Revenue tax rate for FY2021 is $0.569415 per $100. Voter-Approval tax rate: The Voter-Approval tax rate provides the taxing unit with the same amount of maintenance and operations property taxes on existing property as the previous year plus a 3.5 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. However, a city council may direct the designated officer to calculate the Voter-Approval tax rate at 8 percent if any part of the city is located in an area declared a disaster area during the current tax year by the governor or president of the United States. If a taxing unit adopts a tax rate higher than the Voter-Approval tax rate, a tax rate approval election must be held on the November uniform election date. The Voter-Approval tax rate for FY2021 is $0.586560 per $100. The proposed budget is supported by a tax rate of $0.583000. Under the Texas Property Tax Reform and Transparency Act of 2019, a city that adopts a rate exceeding the lower of the no-new-revenue tax rate or the voter-approval tax rate must hold one public hearing. The following table is a comparison between the Page 249 of 256 proposed tax rate, last year's rate, the No-New-Revenue rate and Voter-Approval tax rate. Proposed FY2021 Tax Rate $0.583000 per $100 Preceding FY2020 Tax Rate $0.591288 per $100 No-New-Revenue Tax Rate $0.569415 per $100 Voter-Approval Tax Rate $0.586560 per $100 Approval of the attached Resolution would set $0.583000 as the Tax Year 2020 (FY2021) proposed rate. The Resolution also calls for the public hearing to be held on September 1st at 7:30 P.M. The public hearing notice will run in the Anna Melissa Tribune on August 20th. The Notice of Public Hearing must conform to the prescribed format from the Texas Comptroller’s office and contain how each member of the governing body voted on the proposed tax rate. A draft copy of this notice is attached to this agenda item. FY2020 FY2021 Change Total tax rate (per $100 of value)$0.591288 $0.583000 (0.008288) Average homestead taxable value $227,000 $230,000 $3,000 Tax on average homestead $1,340.90 $1,340.90 $0.00 Total tax levy on all properties $7,715,945 $8,570,566 $854,621 The budget and tax rate are scheduled for adoption at the September 8th Council meeting. FINANCIAL IMPACT: Process to adopt the Tax Year 2020 (FY2021) property tax rate. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City Page 250 of 256 STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution setting the proposed tax rate and setting the date and time for the public hearing. ATTACHMENTS: 1.1 50-876 Tax Rate Above Effective Below Rollback 2.FY2021 Submit Proposed Tax Rate to Council Resolution APPROVALS: Terri Doby, Budget Manager Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 251 of 256 (name of taxing unit) (name of taxing unit) (name of taxing unit) (name of office responsible for administering the election) (date and time) (current tax year) (meeting place) (name of taxing unit) (name of taxing unit) (current tax year) (current tax year) (preceding tax year) Form 50-876 Statements required in notice if the proposed tax rate exceeds the no-new-revenue tax rate but does not exceed the voter-approval tax rate, as prescribed by Tax Code §26.06(b-2). NOTICE OF PUBLIC HEARING ON TAX INCREASE A tax rate of $_______________________________________ per $100 valuation has been proposed by the governing body of _________________________________________________. PROPOSED TAX RATE $___________________ per $100 NO-NEW-REVENUE TAX RATE $___________________ per $100 VOTER-APPROVAL TAX RATE $___________________ per $100 The no-new-revenue tax rate is the tax rate for the _______________________________ tax year that will raise the same amount of property tax revenue for __________________________________________________ from the same properties in both the ________________________ tax year and the _______________________ tax year. The voter-approval rate is the highest tax rate that __________________________________________ may adopt without holding an election to seek voter approval of the rate. The proposed tax rate is greater than the no-new-revenue tax rate. This means that ___________________________ is proposing to increase property taxes for the _________________ tax year. A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON _______________________________ at __________________________________________________________________________________. The proposed tax rate is not greater than the voter-approval tax rate. As a result, ___________________________ is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the ____________________________________________of __________________________at their offices or by attending the public hearing mentioned above. YOUR TAXES OWED UNDER ANY OF THE TAX RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS: Property tax amount = ( tax rate ) x ( taxable value of your property ) / 100 (List names of all members of the governing body below, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating absences.) FOR the proposal: _____________________________________________________________________ AGAINST the proposal: _________________________________________________________________ PRESENT and not voting: _______________________________________________________________ ABSENT: _______________________________________________________________ Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax 50-876 • Rev.4-20 Page 252 of 256 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE PROPOSED TAX RATE THE COUNCIL MAY ADOPT FOR THE 2020 TAX YEAR AND SETTING THE DATES AND TIMES FOR PUBLIC HEARINGS ON THE TAX RATE WHEREAS, the Constitution for the State of Texas (the “State”) sets out the general requirements for truth-in-taxation provisions requiring political subdivisions of the State to inform citizens in their jurisdiction of changes in the property tax rate; WHEREAS, the City of Anna, Texas (the “City”) is a political subdivision of the State and is therefore subject to laws of the State; WHEREAS, Section 7.19 of the City Home Rule Charter (the “Charter”) states the City has power to levy, assess, and collect taxes of every character and type for any municipal purpose not prohibited by state of federal law; WHEREAS, the City Council (the “Council”) wishes to establish a proposed tax rate it may adopt; WHEREAS, the proposed tax rate exceeds the No-New-Revenue rate; WHEREAS, the Council wishes to hold a public hearing on the tax rate as stipulated in Texas Tax Code; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Proposal of a proposed tax rate by the City of Anna The Council hereby proposes that the tax rate adopted by the City shall be $0.583000 per $100 of valuation. Section 3. Proposal of a proposed tax rate by the City of Anna The Council hereby sets September 1, 2020 at 6:30 p.m. as the date and time for the public hearing on the 2020 tax rate, said hearing to be held in the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas. The Council further directs that notice of the time and place of the public hearing be published in the official newspaper of the City as required in Texas Tax Code § 26.06 and other applicable law. Page 253 of 256 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11th day of August 2020. ATTESTED: _________________________ City Secretary Carrie L. Land APPROVED: _________________________ Mayor Nate Pike Page 254 of 256 Item No. 6.f. City Council Agenda Staff Report Meeting Date:8/11/2020 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on sending a formal letter to Governor Abbott regarding Executive Order No. GA-29 relating to the use of face coverings SUMMARY: At the July 28 City Council meeting, City Council discussed sending a formal letter to Governor Abbott regarding the executive order for face coverings throughout Texas. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 255 of 256 Item No. 8. City Council Agenda Staff Report Meeting Date:8/11/2020 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 - 8/7/2020 Jim Proce, City Manager Final Approval - 8/7/2020 Page 256 of 256