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2020-10-13 Regular Meeting Packet
AGENDA City Council Meeting THE CITY OF Tuesday, October 13, 2020 @ 7:30 PM Ahha Sue Rattan Elementary School 1221 S. Ferguson Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet at 7:30 PM, on October 13, 2020, at Rattan Elementary School, Located at 1221 South 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.cgov) 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 of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve Council Meeting Minutes for September 22, 2020. (City Secretary Carrie Land) b. Review minutes of the September 3, 2020 Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) C. Approve Resolution appointing a GTUA Board Member to Place 8. (City Secretary Carrie Land) d. Approve an Ordinance authorizing the financing of a Vactor 2100i Combination Sewer Cleaner with Independent Bank of McKinney, TX., and authorize the Mayor to execute the loan agreement. (Finance Director Alan Guard) e. Approve a Resolution for the Irick Estate, Block A, Lot 1 Development Plat. (Director of Development Services Ross Altobelli) Approve a Resolution for the Hendricks Addition, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) g. Approve a Resolution for the Victoria Falls Center Addition, Block A, Lot 3R Replat. (Director of Development Services Ross Altobelli) h. Approve a Resolution for the Victoria Falls Center Addition, Block A, Lot 3R Site Plan. (Director of Development Services Ross Altobelli) i. Approve a Resolution of names to appear on the Ceremonial Plaques for the new City Hall and Fire Station (City Manager Jim Proce) 6. Items For Individual Consideration. a. Hold a Public Hearing and Consider/Discuss/Action on approving a Resolution providing for a declaration of no objection to a proposed senior housing project. (Economic Development Director Joey Grisham) 7. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: 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). C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). Police Chief 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 5:00 p.m. on October 9, 2020. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Carrie Land AGENDA ITEM: Approve Council Meeting Minutes for September 22, 2020. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: N/A 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 20200922 APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 Regular City Council Meeting Meeting Minutes -I-H F . C_ I-1 Y ()F= Tuesday, September 22, 2020 @ 6:30 PM AnnaSue Rattan Elementary School 1221 S. Ferguson Parkway, Anna, Texas 75409 The City Council of the City of Anna met at 6:30 PM, on September 22, 2020, at the Sue Rattan Elementary School, Located at 1221 S. Ferguson Parkway, to consider the following items. Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:30 PM. All Council Members were present. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Neighbor Comments. No comments. 4. Reports. a. Comprehensive Plan Update. (Director of Development Services Ross Altobelli) For five months, city staff and the Kimley-Horn-led consultant team have worked together to collect data forming the background of Anna. Through conducting interviews, sharing and assembling Geographic Information Systems (GIS) data, searching through historic documents, and holding two workshops the consultant team has a well-rounded understanding of Anna's past and present. The first workshop held with the Comprehensive Plan Advisory Task Force (CPATF) on June 25, 2020 to learn about neighbors' feelings of development, opportunities for growth, and community priorities. The keypad polling of priorities was compared to the staff State of the City meeting held June 16, 2020. The presentation and notes are available under the documents page of Anna2050.com. The consultant team is compiling the input gathered at the August 11, 2020 Joint Workshop and follow-up surveys. The workbook, presentation, and place types from the Joint Workshop are available on the website under the documents page. The comments and results will be posted in the upcoming week. The consultant team is in the process of analyzing this information in order to create scenarios of the future development patterns based on the impact of decisions made. City staff will meet with the consultants in early October to see the results of the analysis performed by the consultant team. The Comprehensive Plan Advisory Task Force is scheduled to meet Tuesday, October 13, 2020 prior to the regularly scheduled City Council meeting. It is at this meeting that the task force and consultant team will finalize future development scenarios. Since launching the website, Anna2050.com, there have been 1,476 unique visitors. Due to COVID-19, staff and the consultant team have not been able to host in - person booths at the annual 4 th of July nor Anna Harvest Fest to gain input from the community. With modern technology providing the opportunity to reach more people in the community, the consultant team created virtual workshops for neighbors to provide input. The first virtual room opened August 11, 2020 and the second opened August 21, 2020. There have been less than 20 responses for each room. Due to the low response rate, staff and the consultant team have agreed to extend the ending dates for these virtual workshops to October 2, 2020. The third virtual room will be open by September 25, 2020 and contain more park specific questions. Next Meetings The next Comprehensive Plan Advisory Task Force (CPATF) Meeting is tentatively scheduled for October 13, 2020 prior to the City Council Meeting. The next Joint Workshop (City Council, P&Z, EDC/CDC, Parks Board, & CPATF) is tentatively scheduled for early December 2020. 5. Consent Items. MOTION: Council Member Miller moved to approve Consent Items 5. a. through 5. d. Council Member Toten seconded. Motion carried 6-0. a. Approve Council Meeting Minutes for September 8, 2020. (City Secretary Carrie Land) b. Review minutes of the July 30, 2020 Special Called Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) C. Approve a Resolution authorizing the City Manager to execute a Local Government Project Advance Funding Agreement with TxDOT for the Ferguson Parkway project. (Director of Public Works Greg Peters, P.E.) The City of Anna has a CIP project identified for the future construction of Ferguson Parkway from Elm Street to the Collin County Outer Loop. The City has partnered with the North Texas Council of Governments to fund the engineering design of the project as a Surface Transportation Block Grant Program Project. The City previously funded the schematic design phase for the project using only City funds. Since the next phase of the project will have State and Federal funding, it is required for TxDOT to provide design review and oversight for the project. As such, the City is required to execute an agreement with TxDOT, called a Local Government Project Advanced Funding Agreement, or LPAFA for short. The LPAFA defines the roles of both the City and TxDOT in the advancement of the project, including the review fees and project management fees which the City will pay for TxDOT's services. This LPAFA is for environmental clearance and engineering design only. A future LPAFA will be required for the construction phase of the project. Execution of the LPAFA is required in order to begin the engineering scope of the project. FINANCIAL IMPACT: The LPAFA estimates a total direct cost for TxDOT review and management to be $3,485, which will be paid to TxDOT by the City of Anna at the start of the project. The final cost will be based on actual time and costs encountered during the project. The LPAFA also defines the funding mechanisms for the environmental and design scope, including: Total estimated cost: $1,400,000 Federal Participation: $1,072,481 State Participation: $59,807 Local (City of Anna) Participation: $268,120 Therefore, the agreements with NCTCOG and TxDOT result in the City receiving $1,131,880 in project funding from the State and Federal Government, saving our local tax dollars. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. d. Approve a Resolution authorizing the City Manager to execute an agreement for a partnership and cost sharing of costs associated with the construction of public sidewalk in the Northpointe Crossing Subdivision along Elam Drive and Dumas Drive. (Director of Public Works Greg Peters, P.E.) There is a segment of unbuilt public sidewalk in Phase 1 North of Northpointe Crossing along Elam Drive and Dumas Drive, adjacent to the HOA lot which has a playground on it. The HOA recently installed the playground. The City of Anna has been working with the Northpointe HOA to develop a cost -sharing solution to allow this sidewalk to be constructed. The original developer who constructed this phase of Northpointe Crossing is no longer involved in the project and is no longer conducting any development business in the City. At the time of construction, the original developer should have constructed this segment of sidewalk during the completion of public improvements. Under our current standards, developers are required to construct sidewalk along public right-of-way adjacent to HOA lots prior to the City accepting the public improvements. However, at the time of construction of Phase 1 North this was not done. City staff finds it in the public interest to construct this sidewalk to allow proper pedestrian mobility in the subdivision and access to the HOA lot which contains a playground. The City has coordinated with the Northpointe HOA and reached a tentative agreement, if approved by the City Council, whereby the Northpointe HOA will share in the construction costs with a 50/50 match. The City would manage the project and oversee the construction. Staff has obtained three quotes for the construction, and recommends a budget of $12,000 for the project, with $6,000 being paid by the HOA to the City prior to construction taking place. Any remaining funds will be reimbursed back to the HOA at the completion of the project. FINANCIAL IMPACT: The City's obligation is approximately $6,000.00, depending upon final construction costs. This funding would come from the Street Department's annual operating budget.3D_b A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING A SIDEWALK COST SHARING AGREEMENT FOR PUBLIC SIDEWALK ON DUMAS DRIVE AND ELAM DRIVE BY AND BETWEEN THE CITY OF ANNA AND NORTHPOINTE CROSSING HOMEOWNERS ASSOCIATION, INCORPORATED, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. 6. Items For Individual Consideration. a. Public Hearing: For City Council to hear public comment regarding the creation of the Sherley Tract Public Improvement District. (City Attorney Clark McCoy) Mayor Pike opened the public hearing at 6:36 PM. No Comments. Mayor Pike closed the public hearing at 6:36 PM. b. Consider/Discuss/Action regarding a resolution approving the creation of the Sherley Tract Public Improvement District. (City Attorney Clark McCoy) MOTION: Council Member Beazley moved to approve. Council Member Toten seconded. Motion carried 6-0. C. 1) Conduct a Public Hearing regarding a request to amend subsection 9.04.042(d) Appeals related to signs and related sections of the City of Anna Code of Ordinances. Mayor Pike opened the public hearing at 6:40 PM. No Comments. Mayor Pike closed the public hearing at 6:40 PM. 2) Consider/Discuss/Action on a recommendation regarding text amendments to subsection 9.0.042(d) Appeals related to signs and related sections of the City of Anna Code of Ordinances. (Director of Development Services Ross Altobelli) MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 6-0. d. Consider/Discussion/Action on a variance request to allow for modified signage. (Director of Development Services Ross Altobelli). The applicant is requesting multiple variances from the City of Anna Sign Ordinance for the purpose of increasing sight visibility from U.S. Highway 75 and W. White Street (FM 455). The requested variances include variations to the height and copy area of a pole sign, minimum distance between signs on a same lot, and the height and copy area of three multiple -usage major free- standing signs. MOTION: Council Member Toten moved to approve. Mayor Pike seconded. Motion carried 6-0. e. Consider/Discuss/Action Letter to Governor Abbott regarding Executive Order GA-29. (City Manager Jim Proce) At the August 11 City Council Meeting, the City Council discussed the merits and intent of submitting a letter to Governor Abbott requesting that he revoke Executive Order GA-29 mandating statewide face coverings. At the September 8 City Council Meeting, further edits and suggestions were made to bolster the letter. MOTION: Council Member Beazley moved to approve. Council Member Miller seconded. Motion carried 6-0. 7. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: 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; Parks Agreements (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). MOTION: Mayor Pike moved to enter closed session. Council Member Miller seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 7:00 PM. Mayor Pike reconvened the meeting at 7:44 PM. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 9. Adjourn. Mayor Pike adjourned the meeting at 7:48 PM. Approved on October 13, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Joey Grisham Review minutes of the September 3, 2020 Joint Community Development and Economic Development Corporation meeting. (Director of Economic Development Joey Grisham) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. September 2020 CDC EDC Joint Meeting Minutes - signed APPROVALS: Taylor Lough, Economic Development Administrator Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary ATriria AnnTa �*CDC�*FL \' Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, September 3, 2020 at 6:00 pm Anna City Hall, Council Chambers III N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular meeting at 6:00 p.m. on Thursday, September 3, 2020. Some members of 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. 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, Shane Williams, Bruce Norwood and Doris Pierce. CDC and EDC Board Members Participating Remotely: Rocio Gonzalez and Stan Carver Others Present: Councilmember Lee Miller, Joey Grisham (Economic Development Director) Others Participating Remotely: 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. 2. Invocation and Pledge. Invocation was given by Anthony Richardson. Pledge of Allegiance was led by Stan Carver. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the July 30, 2020 CDC Special Called Meeting. (CDC) 5. Consider/Discuss/Act on approving minutes from the July 30, 2020 EDC Special Called Meeting. (EDC) Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Rocio Gonzalez asked that the second on item 15 be changed from Rocio Gonzalez to Shane Williams. Doris Pierce made a motion to approve the minutes, with the change 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 resolution approving a License Agreement with GIS Web Tech. (CDC) Joey Grisham explained this contract is to update the current map on the opportunityannatx.com webpage and to enhance the data offerings for prospective businesses and developers. The current map platform is organized by GIS Planning. GIS Web Tech has advanced offerings such as ESRI demographic and workforce data that can be added to the map. He also stated that a company called Real Massive provides the real estate listings for the platform. Joey Grisham explained that the term is one year, and we asked to be notified of any price changes in the future. He also stated that we would have the contract updated to say City of Anna CDC instead of City of Anna. Anthony Richardson made a motion on behalf of the CDC to approve a resolution expending funds with GIS Web Tech, LLC, not to exceed $7, 575.00 and authorizing the Economic Development Director to execute an agreement. Stan Carver seconded the motion. All were in favor. Motion passed. 7. Consider/Discuss/Act on approving the annual agreement with the Greater Anna Chamber of Commerce for Fiscal Year 2021. (CDC) Joey Grisham stated that staff had been working with Kevin Hall, President of the Greater Anna Chamber of Commerce, on updating the CDC Agreement with the Chamber. The CDC has had a long-standing agreement with the Chamber for community events like fireworks, Harvest Fest, Christmas Parade, Chamber Banquet and Annual Golf Tournament. The new agreement is a professional services agreement for the Chamber to provide business retention services and organizing an Anna Day in Austin during the Legislative Session. The Chamber would work with the Neighborhood Services Department on events. Joey explained that $30,000 would be earmarked for the agreement with the Chamber and $12,000 earmarked for the 4t" of July Fireworks Event that the Neighborhood Services Dept. would organize. Stan Carver agreed we should have our own day to visit with our elected officials in Austin. Anthony Richardson asked about budgeted funds for traveling to Austin this spring and Joey Grisham explained there is funding available for the Board and Staff. Anthony Richardson asked about the section on having an ex-officio Board Member and Joey Grisham explained the CDC Board would appoint a member to attend Chamber Board meetings. Stan Carver made a motion on behalf of the CDC to approve a resolution approving a professional services agreement with the Greater Anna Chamber of Commerce. Anthony Richardson seconded the motion. All were in favor. Motion passed. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary 8. Director's Report A. Report on current corporate financial status —Discussion Only Joey Grisham explained that the June sales tax collections were 40% higher than the previous year. We are projecting ending the year at $1.31 M. No revenue is coming to the EDC. The surplus funding the EDC budget is due to TxDOT's purchase of the Inc -Cube Building Right of Way. B. Comp Plan, Downtown Master Plan, and Parks/Trails Master Plan Update We are on track for a spring plan adoption. Thank you for participating in the August 111" joint meeting. In addition to the workshop survey that was sent to each of you, we have another new opportunity for Anna 2050 input this week. There is now a second `virtual room' as part of the community engagement on the website. This means that anyone interested in Anna has more choices for how they want to help shape Anna's future. The virtual rooms are open to anyone. Spread the word to get everyone involved. https://anna2050.com/ C. ED Strategic Plan Update Joey Grisham reminded the Board that the marketing plan is underway, and a draft will be presented to the Board at the October or the November meeting. D. COVID-19 Recovery Grant Program Survey Results Anthony Richardson complimented the staff. Joey Grisham shared that Collin County is currently offering small business grants. E. Incentive Policy A draft policy was included in the packet for review. Joey Grisham shared that the incentive policy is meant to be flexible and serve as a guide. Doris Pierce stated she liked the project criteria was framed as questions. Joey Grisham explained the criteria is a generalized summary. Along with other tools, we can determine return on investment. Joey Grisham explained flexibility is needed because a downtown project will have different needs than a large industrial project. Anthony Richardson asked about editing the first sentence under job creation to be sure the jobs are located within the City of Anna. Anthony Richardson asked about adding other states to the exclusionary factors. Staff will review will legal. Anthony Richardson asked about creating a separate email to go to both Joey and Taylor for incentive requests. Anthony Richardson asked to see impact analysis of future project and Joey Grisham stated this would be completed in executive session. 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, 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. Doris Pierce seconded the motion. All were in favor. Motion passed. The CDC moved into closed session at 7:04 p.m. F. Reconvene into open session and take any action on closed session items. Shane Williams made a motion to reconvene into open session. Doris Pierce seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:49 p.m. G. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. The Greater Anna Chamber of Commerce is planning an end of October event featuring fireworks. Be on the lookout for more information. Stan Carver shared that Anna ISD schools are open, businesses are open, and there are low COVID-19 numbers with lots of recovery. Stan Carver shared the City has a new solid waste management company: CARDS. H. Adjourn. Rocio Gonzalez made a motion to adjourn the meeting at 7:57 pm. Anthony Richardson seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: 1/1" ���� Anthony D Richardson (Oct 5, 2020 15:42 CDT) Anthony Richardson President of CDC/EDC Rocio Gonzalez Secretary of CDC/EDC September 2020 CDC EDC Joint Meeting Minutes Final Audit Report 2020-10-06 Created: 2020-10-03 By: Taylor Lough (tlough@annatexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAj36cig06rCKab9oOiKLJ7TtY5PIStlmX "September 2020 CDC EDC Joint Meeting Minutes" History Document created by Taylor Lough (tlough@annatexas.gov) 2020-10-03 - 5:26:56 PM GMT- IP address: 208.67.100.35 Document emailed to Anthony D Richardson (anthony@opportunityannatx.com) for signature 2020-10-03 - 5:27:19 PM GMT Email viewed by Anthony D Richardson (anthony@opportunityannatx.com) 2020-10-05 - 8:41:45 PM GMT- IP address: 47.222.8.142 Document e-signed by Anthony D Richardson (anthony@opportunityannatx.com) Signature Date: 2020-10-05 - 8:42:59 PM GMT - Time Source: server- IP address: 47.222.8.142 Document emailed to Rocio Gonzalez (rociocgonzalez@yahoo.com) for signature 2020-10-05 - 8:43:01 PM GMT Email viewed by Rocio Gonzalez (rociocgonzalez@yahoo.com) 2020-10-05 - 10:13:52 PM GMT- IP address: 174.246.139.227 Document e-signed by Rocio Gonzalez (rociocgonzalez@yahoo.com) Signature Date: 2020-10-06 - 2:44:54 PM GMT - Time Source: server- IP address: 72.48.190.69 Q Agreement completed. 2020-10-06 - 2:44:54 PM GMT 0 Adoin Sign THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Carrie Land Approve Resolution appointing a GTUA Board Member to Place 8. (City Secretary Carrie Land) SUMMARY: The City is a member of the Greater Texoma Utility Authority. GTUA is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code. GTUA is governed by a Board of Directors appointed by its member cities. Place 8 on the GTUA Board is appointed by the City Council of Anna. Currently, Anthony Richardson sits on the board, in Place 8, with a term expiring December 31, 2020. Anthony has expressed an interest in continuing to serve. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Make a nomination and vote to appoint a member to Place 8 of the GTUA Board of Directors with a term expiring in December 2022. /_11ir_[d:ILT, 14Z11�13 1. GTUA—Board—Resolution 2020 APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Anna, Texas (the "City") is a member of the Greater Texoma Utility Authority ("GTUA" or the "Authority"); and, WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code; and, WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and, WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna, Texas (the "City Council"); and, WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end of 2020. 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. Appointment to the GTUA Board of Directors. The City Council hereby appoints in Place 8 on the GTUA Board of Directors. to serve a two-year term PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of 2020. ATTEST: City Secretary Carrie L. Land APPROVED: Mayor Nate Pike THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Alan Guard Approve an Ordinance authorizing the financing of a Vactor 2100i Combination Sewer Cleaner with Independent Bank of McKinney, TX., and authorize the Mayor to execute the loan agreement. (Finance Director Alan Guard) SUMMARY: The City Council approved the purchase of a Vactor 2100i Combination Sewer Cleaner for the Public Works Department in May 2020. The Finance Department has been working with Independent Bank for the financing of the vehicle. All of the documents have now been submitted by the bank for Council approval. FINANCIAL IMPACT: Funds for the loan payment are budgeted from the Public Works Utility Fund budget for capital equipment. The terms of the financing are for 10 years with an interest rate of 3.73%. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Exceptional City Services and Facilities in a Financially Responsible Way 6'1Ir_1a0:7xd61►yiILyi14►1o7_%IIf] 011 Approve the ordinance authorizing the financing of the equipment and authorize the Mayor to sign the loan documents. ATTACHMENTS: 1. Financing Ordinance 2. Certificate of Ordinance 3. Finance Agreement - Vactron APPROVALS: Alan Guard, Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 ORDINANCE NO. =2020 AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCE CONTRACT FOR THE ACQUISITION OF VACTOR COMBINATION SEWER CLEANER TRUCK, PROVIDING FOR THE SECURITY FOR PAYMENT THEREOF, AND ENACTING OTHER PROVISIONS RELATED THERETO WHEREAS, the City is authorized, pursuant to the Public Property Finance Act, Chapter 271, Subchapter A, Local Government Code, as amended (the "Act"), to execute, perform and make payments under a contract for the acquisition of personal properly for authorized municipal purposes, or the financing thereof; WHEREAS, this City Council has found and determined drat it is necessary and in the best interests of the City to acquire equipment (tire "Equipment") as described on Schedule I attached hereto; WHEREAS, Independent Bank, McKinney, Texas (the "Bank"), has offered to provide financing for the acquisition of the Equipment; and WHEREAS, this City Council has found and determined drat it is in the best interests of the City to France the acquisition of the Equipment through the execution and delivery of a finance contract with the Bank; Now, therefor BE IT ORDAINED BY TIIE CITY COUNCIL OF CITY OF ANNA, TEXAS: ARTICLE I DEFINITIONS AND OTFIER PRELIMINARY MATTERS Section 1.01. Definitions. (a) Unless otherwise expressly provided or unless the context clearly requires otherwise, in this Ordinance the following tenus shall have the meanings specified below: "Acquisition Fund" means the fund established in Section 4.01(a)(ii), "Code" means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings and court decisions relating thereto. "Contract Payments" means the payments to be made by the City in payment of the principal and interest due tinder the 2020 Finance Contract. "2020 Finance Contract" means the finance contract entitled "Finance Contract 2020", dated as of September22, 2020, between the City and the Bank pursuant to which the Bankwill provide funds to the City for the acquisition of the Equipment. "Payment Fund" means the payment fund established by Section 4.01(a)(i). "Principal Amount" means the principal amount set forth in the 2020 Finance Contract. (b) The terns defined in the preamble to this Ordinance shall have the meanings assigned to such terms in the preamble. Section 1.02. Findings: Interpretation. (a) The declarations, determinations and findings declared, made and on in the preamble to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof. (b) This Ordinance and all the terrns and provisions hereof shall be liberally construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance. (c) Article and section references shall meanreferences to articles and sections ofthis Ordinance unless designated otherwise. ARTICLE II AUTHORIZATION AND GENERAL TERMS AND PROVISIONS OF THE 2020 FINANCE CONTRACT Section 2.01. Authorization. (a) The terms and provisions of the 2020 Finance Contract, substantially in the form presented at this meeting, are hereby approved and said 2020 Finance Contract is hereby authorized to be executed and delivered in accordance with the Constitution and laws of the State of Texas, including particularly the Act. The Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the 2020 Finance Contract. (b) All officers of the City are authorized to take such actions and to execute such documents, certificates and receipts as they may deem necessary and appropriate in order to consummate the delivery of the 2020 Finance Contract. (c) McCall, Parkhtust &Horton L.L.P., is hereby engaged as bond counsel for the City in comiectimi with the authorization and delivery of the 2020 Finance Contract. The execution and delivery of an engagement letter between the City and such firm, with respect to such services as bond counsel, is hereby approved with such changes as maybe approved by the Mayor and the Mayor is hereby authorized to execute such engagement letter. ARTICLE III SECURITY FOR THE CONTRACT PAYMENTS Section 3.01. Pledge of Surplus Revenues for Payment of the Contract Payments. (a) The Contract Payments are hereby secured by and payable from a pledge of the revenues of the City's cmnbined Waterworks and Sewer Systemremaining aflerpaymeut of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding) that are payable from all or part of the net revenues of the City's Waterworks and Sewer System, constituting "Surplus Revenues." The City shall deposit such Surplus Revenues to the credit of the Payment Fund created pursuant to Section 6, to the extent necessary to pay the Contract Payments. -2- (b) hi each year in which Contract Payments are required to be made pursuant to the 2020 Finance Contract, the City shall: M shalltransferanddepositinthePaymentrundeachmountanamountofnotlesswait 1/12th of the annual Contract Payments to be paid from Surplus Revenues until the amount on deposit in the Payment Fund equals the amount required for annual Contract Payments; (ii) shall establish, adopt and maintain an rumual budget that provides for either the monthly deposit of sufficient Surplus Revenues, the monthly deposit of any other legally available funds on hand at the time of the adoption of the annual budget, or a combination thereof, into the Payment Fund for the payment of the Contract Payments; and (iii) shall at all times maintain and collecC sufficient System rates and charges in conjunction with any other legally available funds that, after payment of the costs of operating and maintaining the System, produce revenues in an amount not less than the debt service requirements of all outstanding revenue bonds of the City and other obligations of the City which are secured in whole or in part by a pledge of revenues of the System and for which the City is budgeting the repayment of such obligations from the revenues of the System, or the Issuer shall provide docunentation which evidences the levy of an ad valorem tax rate dedicated to the Payment Fund, in conjunction with any other legally available funds except System rates and charges, sufficient for the repayment of System debt service requirements. The Ciry reserves the right, without condition or limitation, to issue other obligations secured in whole or in part by a parity lien on and pledge of the Surplus Revenues, for any purpose permitted by law. (c) Said Surplus Revenues and all amounts on deposit in or required hereby to be deposited to the Payment Fund are hereby pledged and committed irrevocably to the payment of the Contract Payments when and as due and payable in accordance with the 2020 Finance Contract and this Ordinance. (d) To the extent the City has other available funds which may be lawfully used to pay the Contract Payments and such funds are on deposit in the Payment Fund in advance of the time when the City Council adopts its annual budget, then the amount of Surplus Revenues which otherwise would be required to be budgeted pursuant to this Ordinance may be reduced to the extent and by the amount of such funds then on deposit in the Payment Fund. (e) If the liens and provisions of this Ordinance shall be released in a manner permitted by Article VI of the 2020 Finance Contract, then the collection of such Surplus Revenues may be suspended or appropriately reduced, as the facts may permit, and further deposits to the Payment Fund may be suspended or appropriately reduced, as the facts may permit. In determining the outstanding Principal Amount, there shall be subtracted the amount thereof that has been prepaid in accordance with the 2020 Finance Contract, ARTICLE IV CREATION OF FUNDS AND ACCOUNTS; DEPOSIT OF PROCEEDS; INVESTMENTS Section 4.01. Creation of Funds. (a) The following limited special funds are hereby ordered to Ue estaUlished and maintained on the accounting books of the City: -3- (i) the City of Anna, Texas, 2020 Finance Contract Payment Fund (the "Payment Fund"); and (ii) the City ofAtma, Texas, 2020 Finance Contract Acquisition rund (the "Acquisition Fund"). (b) The Payment Fund and the Acquisition Fund may be established as separately doctunented subaccounts within the City's existing bank accounts, which shall be maintained at an official depository of the City. Section 4.02. Payment Fuud. (a) T1re5urplusRevenuesUudgetedforandcollectedpursuautto5ection3.Ulshallbedeposited to the credit of the Payment Fund at such times and in such amounts as necessary for the timely payment of the Contract Payments. (b) Money on deposit iu the Payment Fund shall be used to pay the Contract Payments as such become due and payable. Section 4.03. Acquisition Fund. (a) Money on deposit in the Acquisition Fuud, including investment earnings thereof, shall be used for the acquisition of the Equipment. (b) All amounts remaining in the Acquisition Fund after the acquisition of the Equipment, including investment earnings of the Acquisition Fund, shall be deposited into the Payment Fund, unless applicable law permits or authorizes all or any part of such funds to be used for other purposes. Section 4.04. Security of Funds. All moneys on deposit in the funds referred to in this Ordinance shall Ue secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and moneys on deposit in such funds shall be used only for the purposes permitted by this Ordinance. Section 4.05. Deposit of Proceeds. All amounts received on the Closing Date by the City under the 2020 Finance Contract shall be deposited to the Acquisition Fuud, such moneys to be dedicated and used for the acquisition of the Equipment and costs related thereto. Section 4.06. Investments. (a) Money in the Payment Fund and the Acquisition Ftmd, at the option of the City, may be invested in such securities or obligations as permitted under applicable law. (b) Any securities or obligations in which money is so invested shall be kept and held in trust for the benefit of the persons entitled to receive Contract Payments and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. -4- (c) Interest and income derived from investment of any find created by this Ordinance shall be credited to such fund. ARTICLE V REPRESENTATIONS AND COVENANTS Section 5.01. Reurescntatiors and Covenants. (a) The Citywill faithfullyperfonn at all times any and all covenants, undertakings, stipulafions, and provisions contained in this Ordinance and in the 2020 Finance Contract; the City will promptly pay or cause to be paid the Contract Payments on the dates and at the places and manner prescribed in the 2020 Finance Contract; and the City will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. (b) The City is duly authorized under the laws of the State of Texas to execute and deliver the 2020 Finance Contract; all action on its put for execution and delivery of the 2020 Finance Contract has been duly and effectively taken; and the 2020 Finance Contract is and will be a valid and enforceable obligation of the City in accordance with its terns. (c) The City Council may make any changes in the description oftheproperty listed on Schedule I to this Ordinance or of any component thereof whenever the City Council deems such changes to be necessary and appropriate and provided that the nature of the property after such changes will constitute qualified property eligible for financing under the Act and such changes shall not adversely affect the tax- exempt status of the Contract Payments. Section 5.02. Covenants Regarding Tax Exemption of Interest Paid Under the 2020 Finance Contract. (a) Covenants. The City covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the 2020 Finance Contract as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder forpurposes of federal income taxation. In furtherance thereof, the City covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the 2020 Finance Contract or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more that 10 percent of the debt service on the 2020 Finance Contract, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the eventthat the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the 2020 Finance Contract or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amomtt in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; -5- (3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the 2020 Finance Contract (less amounts deposited into a reserve food, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action which would otherwise result in the 2020 Finance Contract being treated as a "private activity bond" within the meaning of section 14l(b) of the Code; (5) to refrain from taking any action that would result in the 2020 Finance Contract being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the 2020 Finance Contract, directly or indirectly, to acquire or to replace Rods which were used, directly or indirectly, to acquire hovestrnentproperty (as defined in section 148(U)(2) of the Code) which produces a materially higher yield over the term of the 2020 Finance Contract, other than investment property acquired with -- (A) proceeds ofthe 2020 Finance Conuact invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 90 days or less until such proceeds are needed for the purpose for which the 2020 Finance Contract or refunding bond is issued, (B) amounts invested in a bona fide deUt service fitnd, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the 2020 Finance Contract; (7) to otherwiserestricttheuseoftlreproceedsofthe2020FinanceContractoramouuts treated as proceeds of the 2020 Finance Contract, as may be necessary, so that the 2020 Finance Contract does not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage); (8) to refrain firm using the proceeds of the 2020 Finance Contract or proceeds of any prior bonds to pay debt service on another issue more than 90 days after the date of issue of the 2020 Finance Contract in contravention of the requirements of section 149(d) of the Code (relating to advance refundings); and (9) to pay to the United States of America at least once doing each five-year period (begirming on the date of delivery of the 2020 Finance Contract) an unouut that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the 2020 Finance Contract has been paid in Rill, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Food. In order to facilitate compliance with the above covenant (8), a "Rebate Fund" is hereUy established Uy the City far the sole Uenefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. -6- (c) Proceeds. The City understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the 2020 Finance Contract. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the 2020 Finance Contract, the City will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the 2020 Finance Contract under section 103 of the Code. In the event that regulations or ratings are hereafter promulgated which impose additional requirements which are applicable to the 2020 Finance Contract, the City agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the 2020 Finance Contract under section 103 of the Code. In furtherance of such intention, the City hereby authorizes and directs the City Manager and Finance Director of the City to execute any docmnents, certificates or reports required by the Code and to make such elections, on behalf of the City, which may be permitted by the Code as are consistent with the purpose for the issuance of the 2020 Finance Contract. (d) Allocation Of, and Limitation On, Expenditures for the Project. The City covenants to account for the expenditure of sale proceeds and investment earnings to be used for the Equipment described in Schedule I of this Ordinance (the "Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The City recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the City recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the 2020 Finance Contract, or (2) the date the 2020 Finance Contract is retired. The City agrees to obtain the advice of nationally -recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the 2020 Finance Contract. For purposes hereof, the City shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. (e) DisuositionofProject. TheCirycovenantsthatthepropertyconstitutingtheProjectwilluot be sold or otherwise disposed in a transaction resulting in the receipt by the Ciry of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect fine tax-exempt status of the 2020 FinarlCe Contract. For purpose of the foregoing, the City may rely on an opinion of nationally -recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the 2020 Finance Contract. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the City shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. (f) Reimbursement for Cost of Equiurnent. The City expects to pay for the acquisition of the Equipment prior to the delivery of the 2020 Finance Contract and hereby Ends and declares that the reimbursement of the City for the payment of such cost will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payinent at such time as it delivers the 2020 Finance Contract. Delivery of the 2020 Finance Contract shall occur no later than 19 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service, but in any event no more than three years after the date the payment which is to be reimbursed was paid. [Execution Page Follows] -8- PASSED, APPROVED AND EFFECTIVF, this September 22, 2020. ATTEST: Carrie Land, City Secretary Nate Pike, Mayor [CITY SEAL] Signature Page to AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCE CONTRACT FOR THE ACQUISITION OF VACTOR COMBINATION SEWER CLEANER TRUCK, PROVIDING FOR THE SECURITY FOR PAYMENT THEREOF, AND ENACTING OTHER PROVISIONS RELATED THERETO SCHEDULEI Equipment To Be Acquired Description Vactor ComUnzation Sewer Cleaner Truck CERTIFICATE FOR ORDINANCE C. the undersigned oftcers of the City of Anna, Texas, hereby certify as follows: 1. The City Council of said City convened in Regular Session on the 13" day of October, 2020, at the scheduled meeting place thereof, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Nate Pike, Mayor Lee Miller, Mayor Pro Tem John Beazley, Deputy Mayor Pro-Tem Nathan Bryan, Council Member Kevin Toten, Council Member Josh Vollmer, Council Member Vacant, Council Member Jim Proce, City Manager Carrie L. Smith, City Secretary and all of said persons were present, except thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCE CONTRACT FOR THE ACQUISITION OF VACTOR COMBINATION SEWER CLEANER TRUCK, PROVIDING FOR THE SECURITY FOR PAYMENT THEREOF, AND ENACTING OTHER PROVISIONS RELATED THERETO." was duly introduced for consideration and passage. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: 2. A true, full and correct copy of the aforesaid Ordinance passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Ordinance has been duly recorded in the official minutes of said City Council; the above and foregoing paragraph is a hue and correct excerpt from said minutes of said meeting pertaining to the passage of said Ordinance; the persons named in the above and foregoing paragraph, at the time of said meeting and the passage of said Ordinance, were the duly chosen, qualified and acting members of said City Council as indicated therein; each of said officers and member was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of the aforesaid meeting and that said Ordinance would be introduced and considered for passage at said meeting; and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED THE I DAY OF OCTOBER, 202 I ATTEST: Nate Pike, Mayor Carrie Land, City Secretary (SEAL) CERTIFICATE FOR AN ORDINANCE OF THE CITY COUNCIL OP 1'HE CITY OF ANNA, TEXAS, AUTHORIZING THE EXF,CUTION AND DELIVERY OF A FINANCE CONTRACT FOR THE, ACQUISITION OF VACTOR COMBINATION SEWER CLEANER TRUCK, PROVIDING FOR THE SECURITY FOR PAYMENT THEREOF, AND ENACTING OTHER PROVISIONS RELATED THERETO. FINANCE CONTRACT 2020 between INDEPENDENT BANK McKinney, Texas and CITY OF ANNA, TEXAS Dated as of September 22, 2020 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.01. Definitions.............................................4................ 1 Section 1.02, Interpretative Matters ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.02. Representations and Warranties of Bank ...................................... 3 ARTICLE III THE LOAN; REPAYMENT OF THE LOAN Section 3.01. Finanein�tlre Loan ....................................................... 3 Section 3.02. Conditions to Closing ..................................................... 3 Section 3.03. Repayment Tenns........................................................ 4 Section 3.04. Prepaymen............................................................. 4 Section 3.05. Source of Payment....................................................... 5 ARTICLE IV DEFAULT AND REMEDIES Section 4.01. Section 4.02. Section 4.03. Events of Default........................................................ for Default ..................................................... Not Exclusive ................................................... 5 5 5 Remedies Remedies ARTICLE V DISCHARGE Section 5.01. Discharge by Payment .................................................... 6 ARTICLE VI MODIFICATION OF DOCUMENTS Section 6.01. Amendments Require Written Consent of Parties ............................... 6 ii ARTICLE VII MISCELLANEOUS Section 7.01. Tenn of Agreement....................................................... 6 Section7.02. Reports, ................................................................ 6 Section 7.03. Notices................................................................ 6 Section 7.04. Binding Effect; Assignment; Record of Ownership .............................. 7 Section 7.05. Entire Agreement........................................................ 7 Section 7.06. Pavnientof Costs ........................................................ 8 Section 7.07. Severabilitv............................................................. 8 Section 7.08. Counterparts............................................................ 8 Section 7.09. Applicable Law .......................................................... 8 ATTACHMENTA................................................................ A-1 ATTACHMENT B................................................................ B-1 iii FINANCE CONTRACT 2020 This FINANCE CONTRACT 2020 (the "Finance Contract"), dated as of Septern er 22, 2020, is between INDEPENDENT BANK, MCKINNEY, TEXAS (the "Bank"), and CITY OF ANNA, TEXAS (the "City"). WTTNESSETH: WHEREAS, the City is authorized, pursuant to the PuUlic Property Finance Act, Chapter 271, Subchapter A, Local Government Code, as amended (the "Act"), to execute, perform and make payments under a contract for the acquisition of personal property for authorized municipal purposes, or the financing thereof; WHEREAS, this City Council has found and determinedthat it is necessary and in the best interests of the City to finance the acquisition of equipment described on Attachment A hereto (the "Equipment") through the execution and delivery of this Finance Contract; and WHEREAS, the Bank has offered to provide financing for the acquisition of the Equipment; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration and the mutual benefits, covenants and agreements herein expressed, the Bank and the City agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.01. Definitions. The capitalized terms used in this Finance Contract shall have the following respective meanings unless the context otherwise requires: "Busuress Day" -Any day, other than a Saturday, Sunday, or legal holiday, on which the offices of the Bank are not required or authorized by law or executive order to Ue closed. "City Documents" - Collectively, this Finance Contract and the 2020 Ordinance. "Closing" -The delivery of this Finance Contract and the advancement of the funds by the $ank as descriUed in Section 3.01. "Closing Date" - , 2020, or such other date mutually agreeaUle to the City and the $ank. 2020 Ordinance" -Ordinance No. _-2020 of the City, which approves this Finance Contract and pledges surplus revenues of the City's waterworks and sewer system in support of the City's oUligation to make the Contract Payments required to be paid under this Finance Contract. "Contract Payments" -The payments required by Section 3.03 to be made by the City in payment of the principal and interest due under this Finance Contract. "Event of Default" -Event of Default shall have the meaning set forth in Section 4.01. "Payee" - The Bank and any other party that has been assigned, transferred or granted rights to payment hereunder in accordance with Section 7.04. "Payment on -The Payment Fund estaUliMen in the 2020 Ordinance. "Principal Amoutrt" - The amount specified as such on Attaclunent B. "State" -The State of Texas. Section 1.02. Interpretative Matters. (a) Whenever the context requires: (i) references in this Finance Couhact of the singular numUer shall include the plural and vice versa; and (ii) words denoting gender shall be construed to include the masculine, feminine, and neuter. (b) The taUle of contents and the titles given to any article or section of this Finance Contract are for convenience of reference only and are not intended to modify the meaning of the article or section. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.01. Representations and Wazranties of City. The City represents and warrants to the Bank, the following: (a) the City is a duly incorporated home -rule municipality operating and existing under the general laws and Constitution of the State and has full power and authority to execute, deliver, and perform its obligations under the City Documents; (b) the City has duly adopted the 2020 Ordinance and has duly authorized the execution and delivery of this Finance Contract and all actions required to perform its obligations thereunder; (c) the 2020 Ordinance has not been amended or rescinded, and is in full force and effect; this Finance Contract has been duly executed and delivered by the City; (d) the authorization, execution, delivery, and performance by the City of and compliance with the City Documents are authorized by the general laws of the State and do not violate the Texas Constitution or any general laws of the State nor conflict with the same, or conflict with, or constitute or result in a breach of or default under, any existing court or administrative regulation, rule, decree, or order or any agreement, indenture, mortgage, lease, note, or other instrument by which the City is or may be bound; (e) the City agrees to take such action, or to refrain from such action, as necessary to satisfy the covenants, representations and provisions set forth in Section 5.02 of the 2020 Ordinance. Moreover, in the event that the Internal Revenue Code of t 986 (the "Code") is amended, or regulations or rulings are hereafter promulgated which impose additional requirements applicable to the Finance Contract or in the event that it is determined by a court of applicable jurisdiction that this Finance Contract fails to comply with the terms of the Code, then the City agrees to take steps necessary to comply with the requirements of the Code so as to preserve the exemption from federal income taxation of interest paid under this Finance Contract; and (f) were is no action, suit, proceeding, inquiry, or investigation, at law or in equity, or before or by any court, public board, or body, pending or, to the best knowledge of the City, threatened: (i) challenging the validity of, or seeking to enjoin the performance by the City of its obligations under the City Documents; or (ii) against or affecting the City (nor to the best lmowledge of the City is there any basis therefor) wherein an unfavorable decision, ruling, or finding would materially and adversely affect any of the transactions contemplated by the City Documents or might result in any material adverse change in the business, properties, condition, financial or otherwise, or operations of the City. Section 2.02. Representations and Warranties of Back. The Bank represents and warrants to the City, the following: (a) The Bank is a state banking association duly organized and existing under the Uanlcing laws of the State, and has all necessary power and authority to enter into and perform this Finance Contract. (b) The Barilc has taken all actions requited to authorize and execute this Finance Contract and to perform its obligations hereunder and the execution, delivery and performance by the Barilc of and compliance with the provisions of this Finance Contract will not conflict with any existing law, regulation, rule, decree or order or any agreement or other instrument by which the Bank is bound. ARTICLE III THE LOAN; REPAYMENT OF THE LOAN Section 3.01. Financing the Loan. Subject to the terms and conditions set forth in this Finance Contract, including without limitation the conditions set forth in Section 3.02, and for and n consideration of the payment by the City of its obligations under this Finance Contact and the covenants and agreements herein contained, the Bank will, on the Closing Date, advance to and for the sole use and benefit of the City an arnount equal to the Principal Amount for the exclusive purpose of providing funds to the City for the acquisition of the Equipment and paying the costs related thereto. Section 3.02. Conditions to Closing. The obligation of the Bank to make the advance pursuant to Section 3.01 hereof shall be subject to the following conditions: (a) The representations of the City shall be true, complete and correct in all material respects on the date hereof and on and as of the Closing Date as if made on the Closing Date; (b) At the time of Closing, the City Documents shall be in full force and effect and shall not have been amended or supplemented except as may have been agreed to in writing by the Bank; (c) The City is not in default with respect to its outstanding obligations including, without limitation, its obligations under the City Documents; and (d) At or prior to the Closing, the Bank shalt have received each of the following documents: (i) This Finance Contract executed by the authorized officers of the City, with such changes or amendments as may have been approved by the Bank; (ii) The 2020 Ordinance certified by the City Secretary of the City as having been duly adopted by the City Council of the City, with such changes or amendments as may have been approved by the Bank; and (iii) A certificate, dated the ClosingDate, executed by the authorized officials of the City, to the effect that (A) the representations and warranties of the City contained in this Finance Contract are true and correct on the date hereof and on and as of the Closing Date as if made on the Closing Date; (B) the 2020 Ordinance and this Finance Contract are in full force and effect and have not been amended or supplemented except as may have been approved in writing by the Bank; (C) the City is not in default with respect to any of its outstanding obligations; and (D) except as may be described rr such certificate, no litigation is pending or, to the best of their knowledge, threatened in any court to restrain or enjoin the execution and delivery of this Finance Contract, or the levy and collection of the ad valorem taxes levied pursuant to the 2020 Ordinance or the pledge thereof, or contesting or affecting the adoption and validity of the 2020 Ordinance or the authorization, execution and delivery of the City Documents, or contesting the powers of the City Council of the City. Section 3.03. Reuayment Terms (a) The City agrees to pay to the Bank in inunediately available funds fi'otn the som'ces hereinafter described in Section 3.05 the outstanding Principal Amount and accrued interest thereon on the dates and in the amounts set forth on Attachment B; provided, that in the event the City prepays a portion of the outstanding Principal Amount, the interest payments set forth on Schedule B shall be revised accordingly. Such payments shall be made to the Bank at the address set forth in Section 7.03. (b) Interest on the outstanding Principal Amount shall accrue and shall be calculated at the per annurn rate set forth on Attachment B for the actual number of days elapsed on the basis of a 360-day year. (c) If the regularly scheduled due date for a payment hereunder is not a Business Day, the due date for such payment shall be the next succeeding Business Day, and payment made on such succeeding Business Day shall have the same force and effect as if made on the regularly scheduled due date. Section 3.04. Pre rpayment. The City reserves the right to prepay the outstanding Principal Amount as a whole, or in part, and, if in part, the particular principal installments or portions thereof, to be prepaid shall be selected and designatedby the City, at a prepayment price equal to the principal amount to be prepaid plus accrued interest to the date fixed for prepayment. The City shall give 20 days written notice to the Bank of any such prepayment. Such notice shall set forth the date of prepayment and, if less than all of the outstanding Principal Amount is to be prepaid, the amount and principal installments, or portions thereof, to be prepaid. Section 3.05. Source of Payment. (a) The City has provided in the 2020 Ordinance for the creation and establishment of an Payment fund (the "Payment Fund") as a separate host fund or account for the payment of the Contract Payments. All Surplus Revenues collected by the City pursuant to the 2020 Ordinance shall be deposited into the Payment Fund and used solely for the payment of the Contract Payments. All amounts now or at any time hereafter on deposit in the Payment Fund, including the investment earnings thereof, are hereby pledged to the payment of the Contract Payments. (b) The City warrants that, by the 2020 Ordinance, it has Lawfully pledged revenues of its waterworks and sewer system that are sufficient in amount to make the Contract Payments when due and payable wider this Finance Contract. ARTICLE IV llEFAULT AND REMEDIES Section 4.01. Events of Default. Each of the following occurrences or events for the purpose of this Finance Contract is hereby declared to be an Event of Default: (a) thefailu'etomakepaymentofprincrpalorinteresthereunderwhenthesamebecomes due and payable; or (b) default in the performance or observance of any non -monetary covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the Bank, including, but not limited to, its prospect or ability to be repaid in accordance with this Finance Contract, and the continuation thereof for a period of 60 days after notice of such default is given by the Bank to the City. Section 4.02. Remedies for Default. Upon the happening of any Event of Default, then and in every case, the Bank may proceed against the City for the purpose of protecting and enforcing its rights under this Finance Contract, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the registered owner hereunder or any combination of such remedies. Section 4.03. Reredies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be curnulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Finance Contract, the right to accelerate payments due under this Finance Contract shalt not be available as a remedy under this Finance Contract. (b) Theexerciseofanyrenredyhereinconferredorreservedslrallnotbedeemedawaiver of any other available remedy. (c) By accepting the delivery of this Finance Contract, the Bank agrees that the certifications required to effectuate any covenants or representations contained in this Finance Contract do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City. ARTICLE V DISCHARGE Section i.0t. Discharge by Payment, When all Contract Payments have been paid in lull or when the City has made payment to the Bank of the whole amount due or to become due hereunder (including all interest that has accrued or that may accrue to the date of maturity or prepayment, as applicable), the liens of this Finance Contract shall be discharged and released, and the Bank, upon receipt of a written request by the City and the payment by the City of the expenses with respect thereto, shall discharge and release the lien of this Finance Contract and execute and deliver to the City such releases or other instruments as shall be requisite to release the lien hereof. ARTICLE Vi MODIFICATION OF DOCUMENTS Section 6.01. Amendments Reouire Written Consent of Parties. This Finance Contract may pot be amended without the written consent of the City and the Bank, and the City may not amend the 2020 Ordinance without the prior written consent of the Bank. ARTICLE VII MISCELLANEOUS Section 7.01. Tetra of Agreement. This Finance Contract shall become effective upon the Closing and shall continue in full force and effect until all obligations of the City tinder this Finance Contract have been fully paid. Section 7.02. Reports. The City agrees to provide to the Bank: (a) A copy of the City's annual audited financial statements within 270 days of the end of each fiscal year or at such time thereafter as such audited financial statements are approved by the City Council. (b) A copy of the City's annual budget within 60 days of the City Council's adoption thereof. (c) Upon written request, such other financial information regarding the City that the Bank tnay reasonably request from time to time. Section 7.03. Notices. (a) All notices,certificates,orothercommunicationsrequiredbyormadepw•suanttothisFinance Contract shall Ue in writing and given by certified or registered United States mail, return receipt requested, addressed as follows: (i) if to the Bank: Independent Bank P.O. Box 37 Anna, Texas 75409 Attention: Johnny Bratcher (ii) if to the City: City of Anna 111 North Powell Parkway Amia, Texas 75409-0776 Attention: City Manager (iii) if to any Payee other than the Bank, at the address reported to the City pursuant to Section 7.04. (U) The City, the Baulc may designate any further or different addt'esses to which subsequent notices shall be sent. (c) Except as otherwise provided Uy this Finance Contract, any commtmication delivered Uy mail in compliance with this section is deemed to have been given as of the date of deposit in the mail. (d) A provision of this Finance Contract that provides for a specific method of giving nofice or otherwise conflicts with this section supersedes this section to the extent of the conflict. Section 7.04. Binding Effect; Assi�rrment; Record of Ownership. (a) This Finance Contract shall (i} Ue binding upon the City, its successors and assigns, and (ii) inure to the benefit of and be enforceableby the Bank and its successors, transferees and assigns; provided that the City may not assign all or any part of this Finance Contract without the prior written consent of the Bank. The Bank may assign, transfer or grant participations in all or any portion of this Finance Contract, or any of its rights or security hereunder; provided that any such assignment, transfer or grant shall: (i) comply with the provisions of subsection (b) of this Section and (ii) shall be made only to a financial institution whose primary business is the lending of money. (U) The Bank and any subsequent Payee shall notify the City of any assignment or transfer pursuant to subsection (a), above, and shall provide the City with the name and address of the person or entity to whom such assignment, transfer or grant is made. (c) The City shall maintain a record of ownership interests in this Finance Contract and the right to receive payment hereunder, including all assignments and transfers made pursuant to subsection (a), above. Section 7.05. Entire Agreement. The City Documents contain the entire agreement between the parties, and there are no other representations, endorsements, promises, agreements, or understandings, oral or written, express or implied, between the City and the Bank. Section 7.06. Payment of Costs. The City shall pay the expenses incident to the preparation, execution and delivery of, and performance of the City's and Bank's respective obligations under, this Finance Contract, including but not limited to fees and expenses of legal counsel. Section 7.07. Severability. If any part of this Finance Contract is ruled invalid of unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect the remainder of this Finance Contract. Section 7.08. Counterparts. This Finance Contract may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same document. Section 7.09. Applicable Law. This Finance Contract shall Ue governed in all respects, whether a< to validity, construction, performance, or otherwise, by the laws of the State and, if applicable, federal law. Section 7.10. No Boycort of Israel. The Batilc represents that, to the extent this Finance Contract constitutes a contract for goods or services within the meaning of Section 2271.002 of the Texas Government Code, as amended, solely for -purposes of compliance with Chapter 2271 of the Texas Government Code, and subject to applicable federal law, neither the Batik, nor any wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of the Bank (i) boycotts Israel; or (ii) will boycott Israel during the term of this Agreement. The terms "boycotts Israel" and "boycott Israel" as used in this paragraph have the meanings assigned to the terns "boycott Israel" in Section 808.001 of the Texas Government Code, as amended. Section 7.11. Iran. Sudan and Forei¢rn Terorist Organizations. Section 2252.151 of the Texas Government Code defines a "governmental contract" as a contract awarded by a govermnental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment, and provides that the term includes a contract to obtain a professional or consulting service subject to Chapter 2254 of the Texas Government Code. The Bank represents that, as of the date of this Finance Contract, to the extent this Finance Contract constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2252 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, neither the Bank nor any wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of the Batik is an entity listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code. Section 7.12 Disclosure of Interested Parties. SuUmitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Batik, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The City and the Bank understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Bank; and, neither the City nor its consultants have verified such information. (Execution Page Follows) IN WITNESS WHEREOF, the parties hereto have caused this Finance Contract to be executed and attested by their respective duly authorized officers as of the date first above written. INDEPENDENT BANK By: Title: By: Title: CITY OF ANNA, TEXAS By: Nate Pike, Mayor ATTEST: [BANK SEAL] By: [CITY SEAL] Carrie Land, City Secretary ATTACHMENT A Description of Equipment Vactor ComUination Sewer Cleaner Truck /:III ATTACHMENT B FINANCE CONTRACT 2020 Principal Amount and Repayment Terms Ptincival Amount: Interest Rate: Payment Dates and Amortization Schedule Payment Date Principal Total B-1 Interest Total Payment THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Approve a Resolution for the Irick Estate, Block A, Lot 1 Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family dwelling, detached and one accessory structure on one lot on 5.1± acres located on the west side of CR 479, 2,322± feet north of FM 2862. Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Planning & Zoning Commission recommended approval as submitted ATTACHMENTS: 1. RESOLUTION - (DP) Irick Estate 2. EXHIBIT A (DP) Irick Estate 3. PZ - STAFF REPORT (DP) Irick Estates, Block A, Lot 1 4. Agenda Map APPROVALS: Lauren Mecke, Planner II Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING IRICK 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, Sean and Mica Irick have submitted an application for the approval of the Irick 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 Irick 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 13th day of October 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike CALLED 6.567 ACRES GARY G. WALKER BRENDA K. WALKER CC# 20200227000277850 Zone 'X' Zone 'A' REMAINDER OF CALLED 135.609 ACRES 2727 DEVELOPMENT 3, LP CC# 20180517000602130 SURVEYOR'S CERTIFICATE: 518"SRF CALLED 5.113 ACRES DARLENZO RENARD HINES, SR. JONILLE ALEXANDER HINES CC# 20191028001354330 IRICK ESTATE DEVELOPMENT PLAT BLOCK A, LOT 1 5.119 ACRES 222,971 SQ. FT. CALLED 5.119 ACRES SEAN IRICK MILA IRICK CC# 20191108001426540 N 90°00'00" E 744.89' PROPOSED FENCE MARK R. ROBERTS SURVEY, A- 742 518"SRF r PROPOSED 20' x 20' BUILDING PROPOSED POOL PROPOSED FENCE N 90°00'00" W 741.50' CALLED 5.110 ACRES KAREL LYN FROEHLICH CC# 20200508000669080 The plat as shown hereon was prepared from an on -the -ground survey performed under my supervision during the month of September, 2020; the visible improvements on the ground are as shown on the survey; there are no visible intrusions, protrusions, overlapping of improvements or conflicts found except as shown on the survey plat. Development Plat " September 21, 2020 �� f TF t .....................................:.... MATTHEW BUSBY :..... Matthew Busby �:• AR 5751 P�:o� R. P. L. S. No. 5751 •QFEsS�@�.•�F, CERTIFICATE OF APPROVAL APPROVED on this the Council, City of Anna, Texas. Mayor City Secretary -day of -- 20----, by the City 518"SRF © 45.00 PROPOSED DRIVE 40' R.O.W.— RESERVATION PROPOSED RESIDENCE z v S, 665 SQ. FT W L� U z o o 0 m o N �I REMAINDER OF CALLED 135.609 ACRES 2727 DEVELOPMENT 3, LP CC# 20180517000602130 CALLED 5.719 ACRES JAKOB RILEY SKYLER RILEY CC# 20191003001234630 518 "SRF` ® 45.00' DESCRIPTION STATE OF TEXAS COUNTY OF COLLIN o BEING all that tract of land in Collin County, Texas, out of the Mark R. Roberts Survey, A-742, and being all of that called 5.119 acres of land described in deed to Sean Irick and Milo Irick as recorded under ao N CC# 20191108001426540 of the Official Public Records of Collin County, Texas, and being further described as follows: —Center of Road BEGINNING at a point on the East side of County Road No. 479, at the Southeast corner of said 5.1 19 acres, and at the Northeast corner of that called 5.110 acres of land described in a deed to Karel Lyn �0 Froehlich as recorded under CC# 20200508000669080 of the Official Public Records of Collin County, Texas, from which a 58 inch steel rod found bears North 90 degrees 00 minutes 00 seconds West, `v EPISCOPAL SCHOOL OF DALLAS 45.00 feet for witness; VOL. 5825, PG. 490 THENCE North 90 degrees 00 minutes 00 seconds West, 741.50 feet to a 518 inch steel rod found at the Southwest corner of said 5.119 acres, and the Northwest corner of said 5.110 acres; THENCE North 00 degrees 00 minutes 00 seconds East, 300.00 feet to a 518 inch steel rod found at the o Northwest corner of said 5.119 acres; 0 POINT OF BEGINNING THENCE North 90 degrees 00 minutes 00 seconds East, 744.89 feet to a point on the East side of County Road No. 479, and at the Northeast corner of said 5.119 acres; THENCE along the East line of said 5.119 acres and the East side of County Road No. 479 as follows: Average width of Road � pavement = 21.5' South 00 degrees 29 minutes 05 seconds West, 28.36 feet; South 00 degrees 39 minutes 51 seconds West, 271.66 feet to the POINT OF BEGINNING, containing 5.119 acres or 222,971 square feet of land. a 0 c 0 U SCALE: 1 " = 100' 0' 100' 200' 300' �I• Notice: Selling a portion of this addition by metes and bounds is a violation of City Subdivision Ordinance and State Platting Statutes and is subject to fines and withholdings of utilities and building certificates. FLOOD DEFINITIONS — — F.I.R.M. 48085C0070J, dated June 2, 2009. Zone 'X' - "Areas determined to be outside the 0.2% annual chance floodplain." Zone 'A' - "Special flood hazard areas subject to inundation by the 1 % annual chance flood. No base flood elevations determined." Notes: Easement to Grayson —Collin Electric, Vol. 1927, Pg. 603 — Blanket. Easement to Grayson —Collin Electric, Vol. 5731, Pg. 3692 — Blanket. Note: Verify exact location of underground utilities prior to construction. Note: All 518 inch steel rods set have red plastic cap stamped "Boundary Solutions" Note: Bearings based on Texas State Plane Coordinate System, Texas North Central Zone 4202, NAD83. ANNA VICINITY MAP not to scale 427 n LEGEND SRS = STEEL ROD SET SRF = STEEL ROD FOUND IRICK ESTATE DEVELOPMENT PLAT BLOCK A, LOT 1 5.119 ACRES MARK R. ROBERTS SURVEY, A-742 COLLIN COUNTY, TEXAS SURVEYOR: Boundary Solutions 116 McKinney St. Farmersville, TX 214-499-8472 Matthew Busby OWNER: Sean & Mica Irick 2314 Parkview Drive Anna, TX 75409 469-396— 1295 B.S.I.Job# 2008-037 CITY OF ANNA Planning & Zoning Commission October 5, 2020 Development Plat: Irick Estates, Block A, Lot 1 Applicant: Sean Irick AGENDA ITEM: Consider/Discuss/Action on a recommendation regarding the Irick Estates, Block A, Lot 1 Development Plat. SUMMARY: Single-family dwelling, detached and one accessory structure on one lot on 5.1± acres located on the west side of CR 479, 2,322± feet north of FM 2862. Located within the extraterritorial jurisdiction (ETJ). RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Locator Exhibit THE CITY OF Anna AGENDA ITEM: Item No. 5.f. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Approve a Resolution for the Hendricks Addition, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: Three single-family dwellings, detached, one mobile home, and two accessory structures on one lot on 54.2± acres located on the west side of CR 424, 2,500± feet west of Gas House Rd. Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Planning & Zoning Commission recommended approval as submitted. ATTACHMENTS: 1. RESOLUTION - (DP) Hendricks Addition 2. PZ - STAFF REPORT (DP) Hendricks Addition, Block A, Lot 1 3. EXHIBIT A (DP) Hendricks Addition 4. Agenda Map APPROVALS: Lauren Mecke, Planner II Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING HENDRICKS ADDITION BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, David Surdukan has submitted an application for the approval of the Hendricks 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 Hendricks 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 13th day of October 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike CITY OF ANNA Planning & Zoning Commission October 5, 2020 Development Plat: Hendricks Addition, Block A, Lot 1 Applicant: David Surdukan AGENDA ITEM: Consider/Discuss/Action on a recommendation regarding the Hendricks Addition, Block A, Lot 1 Development Plat. SUMMARY: Three single-family dwellings, detached, one mobile home, and two accessory structures on one lot on 54.2± acres located on the north side of CR 424, 2,500± feet west of Gas House Rd (CR 511). Located within the extraterritorial jurisdiction (ETJ). RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Locator Exhibit E3 NORTH SCALE 1 "= 150' 0 150 300 450 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 112" IRON ROD SET STAMPED (4613) CIRF = CAPPED IRON ROD FOUND STAMPED (3258) IRF = IRON ROD FOUND �S = POWER POLE QQ = SEPTIC TANK LID = SIGN ❑T = TELEPHONE BOX GENERAL NOTES; 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. This survey is subject to a 15' Water Easement granted to North Collin Water Supply Corp. and recorded in Volume 1057, Page 6 of the Deed Records of Collin County, Texas. 4. Copyright 2020, Surdukon Surveying, Inc. 5. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 6. The basis of bearings, horizontal position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0. 7. Existing water service to this site is provided by North Collin Water Supply. 8. Sanitary Sewer is on existing system on site. 9. Existing electric is provided by Grayson -Collin Electric Company. 10. Solid waste will be provided through a private solid waste company. 11. Selling any portion of this addition by metes and bounds is a violation of City Ordinance and State laws, and is subject to fines and withholding of utilities and building permits. 12. This property is required to follow the City's Tree Preservation Ordinance, Article 9.07. Clear cutting is prohibited by City of Anna Ordinance 9.07.011. 00, oJ� ,0 CALLED 78.397 ACRES CHAPEL HILL INVESTMENTS LTD. VOLUME 4613, PAGE 879 0. P. R. C. C. T. = ELECTRIC ® = WATER VALVE �■ = MAILBOX LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S 61°35'51 E 31.81' L25 S 13*24'04" E 69.60' L2 S 38*53'12" E 87.32' L26 S 26°20'20" W 69.58' 1-3 S 38*06'22" E 257.18' L27 S 57°42'39" W 196.65' L4 S 16*47' 14" E 85.08' L28 S 43° 10'34" W 35.75' L5 S 00°59'34" E 58.74' L29 S 1 1° 13'54" W 56.29' L6 S 02"49'29" W 111.80' L30 S 19*56'54" E 127.57' L7 S 17*39' 12" W 105.31 ' L31 S 20°30'41 " W 142.46' L8 S 04° 13'51 " W 155.74' L32 S 46°50'38" W 75.45' L9 S 47" 12'41 " E 199.14' L33 S 27°47'07" W 156.47' L10 S 81"12'44" E 127.37' L34 S 00°46'59" E 49.18' L1 1 N 83°12'01 " E 51 .41' L35 S 18°50'01 " E 30.54' L12 N 81 °20'57" E 183.06' L36 S 44°29' 14" E 247.25' L13 N 88"30' 15" E 78.22' L37 S 89°36'53" W 82.69' L14 S 71°26'58" E 100.27' L38 S 89°29'00" W 202.56' L15 N 62°37'24" E 117.21' L39 S 00°31'00" E 29.22' L16 N 88"23' 14" E 87.39' L40 S 89°39'07" W 291.18' L17 S 63"39'21 " E 85.48' L41 N 68°59' 1 1 " W 181.86' L18 S 39°58'55" E 188.90' L42 N 82°03'41 " W 314.59' L19 S 24°50'07" E 69.18' L43 S 88° 18'00" W 150.40' L20 S 46"59'38" E 74.52' L44 S 71 °43'31 " W 1 67.03' L21 N 88*24' 19" E 207.18' L45 S 88°39'44" W 56.61 ' L22 S 88*23'16" E 110.80' L46 N 87°03'43" W 204.35' L23 S 61"23'37" E 43.53' L47 N 83°33'49" W 66.94' L24 S 43"22'30" E 109.82' V., GAS HOUSE ROAD /' U GROVE CREE iTOSC!LE VICIAPN ITE d. CR 509 � s SHEFFIELD DR. �4 L5 L_6 CALLED 400.422 ACRES BRUNHILD INVEST INC C.C. NO. 19920522000338550 0. P. R. R. P. C. C. T. O < D L2g V30 LOT 1 BLOCK A 2, 362, 8417 SQUARE FEET 54.244 ACRES BRENT AND THERESA HENDRICKS VOLUME 5435, PAGE 1193 0. P. R. R. P. C. C. T. CALLED 20.260 ACRES OLGA & OLEG VOLOSHIN C.C. NO. 20130214000206520 0. P. R. C. C. T. �� �URiSa�Cn 0'V 9 a`jN�'gRY EXISTING GRAVEL DRIVE 01 �\ / \_ZONE A / ZONE X \ Oil < \v c' CIRF Z 3C. " M. '� \ 5/C. IRF 5/8" IRF -- (DO C.M. PROPOSED \ PROPERTYUNEHOUSE/SHOP PROPOSED DRIVEWAY \ CALLED 4.354 ACRES 130.0' \ BRENT AND THERESA HENDRICKS \ C.C. N0. _ __ 7 20.0' 20.0' N 01 ° 3 2 ' 15 " E \ \ 2 2 61.8 5___-__----__. \ HENDRICKS 424, LC \ C.C. NO. 20170605000724510 \ 0. P. R. C. C. T. \ FLOODPLAIN NOTE: According to the Flood Insurance Rate Map \ (FIRM) Map No. 48085C0180J, dated June 2, 2009, prepared by \ Federal Emergency Management Agency (FEMA) for Collin County, \ Texas, Lot 1 has 186,624 square feet or 4.284 acres of land \ residing in Zone X. The remaining 2,176,223 square feet or \\ 49.960 acres of land falls into Zone A, o Special Flood Hazard Area. 30.0' 30.0' CIRF ".3258" C.M. OVERHEAD TRANSMISSION LINE EASEMENT TO COLLIN COUNTY \ C.C. NO. 96-0091977 0. P. R. R. P. C. C. T. CALLED 0.197 ACRES COLLIN COUNTY -413 DOC. NO. 96-0091977 0. P. R. C. C. T. � 1 L34 \,35 < 4 0-) B0�"�"RY I 11 AMP JBRISO1c.BON CIRS MAG NAIL 4613 SET Ix I� 1 Ix 1x I Ix TJ ) MAG NAIL 25' SETBACK LINE �l SET MAG NAILI 25' ROW RESERVATION I II SET xl I II I I Ix I� I II I I Ix I I I I IidN- I I I J CALLED 4.540 ACRES I II I 80 CROSSEN & JOAN SWALWELL VOLUME 4205, PAGE 1587 IIx I 0. P. R. R. P. C. C. T. MI A x l �Lzil �E I � W PROPOSED N HOUSE 169. 80.0, �+ PROPOSED HOUSE 40.0' 61' 0 91.3' I I I � E,"C Ix I - III O x MAG NAIL l� \ SET \ UZ \ \ \ \ lMA IL j } � ZONE A x z( _ 1 II I oW -ZONEX J U q O z/� EXISTING I zol x'tl s L ' STORAGE SHED I I• EXISTING �34.4' ' STORAGE SHED 831I I ^ I � � i I I I I 26.8 I x I I --- 2t�54' MOBILI ET HOME \\ I I I MAG NAIL POINT OF BEGINNING J I OVERHEAD MAG NAIL � I TRANSMISSION I LINE / � I�w EASEMENT TO COLLIN COUNTY C.C. NO. 20080905001074120 � I 0-) 0. P. R. C. C. T. i I I�' Ln r z I e Ix JOHN ROLAND SURVEY ABSTRACT NO. 784 DAMES FISHER SURVEY, ABSTRACT NO. 305 - - - LEGAL DESCRIPTION BEING a 54.244 acre tract of land situated in the John Roland Survey, Abstract No. 784, Collin County, Texas, and being all of a called 4.354 acre tract as conveyed to Brent and Theresa Hendricks in County Clerk No. - - - - - - - - - - - - - - - of the Official Public Records of Collin County, Texas and being all of a called 49.821 acre tract as conveyed to Brent and Theresa Hendricks in Volume 5435, Page 1193 of the Official Public Records of Real Property of Collin County, Texas being more particularly described in metes and bounds as follows; COMMENCING at the southwest corner of the John Roland Survey, Abstract No. 784 and said corner being the southwest corner of a called 4.540 acre tract of land as conveyed to Bo Crossen and Joan Swalwell in Volume 4205, Page 1587 of the Official Public Records of Real Property of Collin County, Texas; THENCE N 85°53'39" E a distance of 1148.44' to a Meg Nail found in County Road 424 for the POINT OF BEGINNING BEGINNING, and said Mag Nail being the southwest corner of the Hendricks' called 4.354 acre tract; THENCE N 01 °32'15" E with the west line of the called 4.354 acre tract a distance of 2261.85' to a point for corner in the center of Sister Grove Creek; THENCE with the meanderings of Sister Grove Creek the following calls; THENCE S 61 °35'51 " E a distance of 31.81 ' to a point for corner, THENCE S 38*53'12" E a distance of 87.32' to a point for corner, THENCE S 38°06'22" E a distance of 257.18' to a point for corner, THENCE S 16°47'14" E a distance of 85.08' to a point for corner, THENCE S 00°59'34" E a distance of 58.74' to a point for corner, THENCE S 02°4929" W a distance of 111.80' to a point for corner, THENCE S 17*39'12" W a distance of 105.31 ' to a point for corner, THENCE S 04° 13'51 " W a distance of 155.74' to a point for corner, THENCE S 47°12'41 " E a distance of 199.14' to a point for corner, THENCE S 81°12'44" E a distance of 127.37' to a point for corner, THENCE N 83° 12'01 " E a distance of 51.41 ' to a point for corner, THENCE N 81 °20'57" E a distance of 183.06' to a point for corner, THENCE N 88*30'15" E a distance of 78.22' to a point for corner, THENCE S 71 °26'58" E a distance of 100.27' to a point for corner; THENCE N 62°3724" E a distance of 1 17.21 ' to a point for corner; THENCE N 88*23'14" E a distance of 87.39' to a point for corner; THENCE S 63°3921 " E a distance of 85.48' to a point for corner, THENCE S 39°58'55" E a distance of 188.90' to a point for corner, THENCE S 24°50'07" E a distance of 69.18' to a point for corner, THENCE S 46°59'38" E a distance of 74.52' to a point for corner, THENCE N 88*24'19" E a distance of 207.18' to a point for corner, THENCE S 88*23'16" E a distance of 110.80' to a point for corner, THENCE S 61 °23'37" E a distance of 43.53' to a point for corner, THENCE S 43°22'30" E a distance of 109.82' to a point for corner, THENCE S 13°24'04" E a distance of 69.60' to a point for corner, THENCE S 26°20'20" W a distance of 69.58' to a point for corner, THENCE S 57°42'39" W a distance of 196.65' to a point for corner, THENCE S 43° 10'34" W a distance of 35.75' to a point for corner, THENCE S 11 ° 13'54" W a distance of 56.29' to a point for corner; THENCE S 19°56'54" E a distance of 127.57' to a point for corner; THENCE S 20°30'41 " W a distance of 142.46' to a point for corner; THENCE S 46°50'38" W a distance of 75.45' to a point for corner; THENCE S 27°47'07" W a distance of 156.47' to a point for corner, THENCE S 00°46'59" E a distance of 49.18' to a point for corner, THENCE S 18°50'01 " E a distance of 30.54' to a point for corner, THENCE S 44*29'14" E a distance of 247.25' to a point for corner and said corner being the northeast corner of a called 0.197 acre tract of land as conveyed to Collin County in Document No. 96-0091977 of the Official Public Records of Collin County, Texas; THENCE S 89°36'53" W departing Sister Grove Creek and with the north line of the 0.197 acre tract a distance of 82.69' to a capped 112" iron rod stamped "4613" set for corner, THENCE S 89°29'00" W continuing with the north line of the 0.197 acre tract a distance of 202.56' to a capped 112" iron rod stamped "4613" set for the northwest corner of the called 0.197 acre tract; THENCE S 00°31'00" E with the west line of the 0.197 acre tract a distance of 29.22, to a Mag Nail set for corner in County Road 424 and said Mag Nail being in the south line of the John Roland Survey, THENCE with County Road 424 the following calls; THENCE S 89°39'07" W a distance of 291.18' to a Mag Nail set for corner, THENCE N 68°59'1 1 " W a distance of 181.86' to a Mag Nail set for corner, THENCE N 82°03'41 " W a distance of 314.59' to a Mag Nail set for corner, THENCE S 88°18'00" W a distance of 150.40' to a Mag Nail set for corner; THENCE S 71 °43'31 " W a distance of 167.03' to a Mag Nail set for corner; THENCE S 88°39'44" W a distance of 56.61 ' to a Mag Nail set for corner; THENCE N 87°03'43" W a distance of 204.35' to a Mag Nail found for corner, THENCE N 83°33'49" W continuing with County Road 424 a distance of 66.94' to the POINT OF BEGINNING, and containing 2,362,847 Square Feet or 54.244 Acres of land. SOUTHWEST CORNER OF JOHN ROLAND SURVEY, ABSTRACT NO. 784 BEING THE SAME SOUTHWEST CORNER OF A CALLED 4.540 ACRES /,-80 CROSSEN & JOAN SWALWELL VOLUME 4205, PAGE 1587 0. P. R. R. P. C. C. T. POINT OF COMMENCING SURVEYOR'S CERTIFICATE The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under my personal supervision. All visible improvements are as shown. There are no visible encroachments, conflicts, or protrusions, except as shown. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 2017. The property is subject to all easements of record. ------ - ---- David d. Surdu r1 R.P.L.S. No. 4613 ��• ... ........................... ... DAVID J. SURDUKAN ........................................... 4613 SUR`���� CERTIFICATE OF APPROVAL Approved this ___ day of -------- 2020, by the City Council of the City of Anna Texas (Mayor) City Secretary DEVELOPMENT PLAT HENDRICKS ADDITION BLOCK A. LOT 1 BEING 54.244 ACRES OUT OF THE JOHN ROLAND SURVEY ABSTRACT NO. 784 CITY OF ANNA ETJ COLLIN COUNTY, TEXAS OWNER BRENT & THERESA HENDRICKS 5799 CR 424 ANNA, TEXAS 75409 (972) 633-0303 SURVEYOR SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 FIRM NO. 10069500 SCALE 1" = 150' DATE. AUGUST 28, 2020 THE CITY OF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Approve a Resolution for the Victoria Falls Center Addition, Block A, Lot 3R Replat. (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. RESOLUTION - (RP) Victoria Falls Center, Block A, Lot 3R 2. EXHIBIT A (RP) Victoria Falls Center Addition, Blk A, Lot 3R 3. PZ - STAFF REPORT (RP) Victoria Falls Center Addn, Block A, Lot 3R APPROVALS: Lauren Mecke, Planner II Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VICTORIA FALLS CENTER ADDITION, BLOCK A, LOT 3R, 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, Abdullah Emad, PE., RLG Consulting Engineers has submitted an application for the approval of the Victoria Falls Center Addition, Block A, Lot 3R, 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, Block A, Lot 3R, Replat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of October 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike LOT 1, BLOCK B LEGEND THE FALLS, PHASE 1A ADDITION VOL. 0 PG 615 ...... PROPERTY LINE CMS / OVF ........ CHISELED ' Y" SET / FOUND O.P.R. C C T _ _....,. EASEMENT LINE (CN) ...... CONTROLLING MONUMENT 5�8'lRF (CM) _. ABANDONED LOT LINE O.PRCCT MAP RECORDS, COLLIN COUNTY, TX rCRF 1/2" IRON ROD WITH YELLOW PLASTIC RRCCT _ DEED RECORDS COLLIN COUNTY TX POINT OF CAP STAMPED ARTHUR" FOUND O.P.RCC r OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TX COMMENCING rciRs ___. 7/2" IRON ROD WITH YELLOW PLASTIC INST NO, INSTRUMENT NUMBER CAP STAMPED 'RLG INC" SET VOL" PG VOLUME,, PAGE S 00 32 22W 327.99' \ — — — — — — — — — — — \ I 25' X 25' VISABILITY EASEMENT I ,�- --- ------------------------------- INST NO. 2018029070005000 \ \ \ \ I 0. P. R. C. C. T. i' � I 11 I I I l i i i i i I I I I I --------------- W ll /I I I I I I I I I 30' DRAINAGE EASEMENT VOL. 0, PG. 615 20X30' DRAINAGE EASEMENT 0. P. R. C. C. T. VOL. 0, PG. 615 O O.P. R. C. C. T. RR-LI ENTERPRISES, LP - - - - -- - - INST. NO. 20080104000020330 O. P.R. C. C. T. PRIVATE DRAINAGE & DETENTION EASEMENT o �j o W o o INST. NO. 20181029010005000 j j . � 00. P.R. C. C. T. C) LOT 1, BLOCK A . W o k I � = 20' SANITARY SEWER EASEMENT VICTORIA FALLS CENTER ADDITION Q ° C oN t I n ti o DRAINAGE EASEMENT INST. NO. 2018029010005000 0.P.R.C.C. T. INST NO. 20181029010005000 T J N y ti INST. NO. 20181029010005000 o O. P.R. C. C. T. O. P.R. C. C. T I I Q L "_ N \ ` ' `\ � ; `\ RR-Ll ENTERPRISES, LP O k � __-_ --------------- - \ 12' FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT /' \\ INST. NO. 20080104000020330 N ---\L- S \ - - - - - - - - - - - INST. NO. 2018029070005000 O.P. R. ----- / 72' FIRE LANE, ACCESS, \ --- 0.P.R.C.C. T. ----'-/ UTILITY & DRAINAGE EASEMENT LOT 1, BLOCK A S89 5031 "E 202. 70' S89 *50'31 "E 262.80' NST. NO. 0.P.R.C.C.O10005000 VICTORIA FALLS CENTER ADDITION rill, CMF y 121.56' !' CMF CMF INST. NO. 20181029010005000 <CM) (CM) i <CM) 0 P R C C T ORL l LL C INST. NO. 20180118000071740 0. P.R. C. C. T. LOT 20, BLOCK D THE FALLS PHASE 1A VOL. 0, PG. 615 0. P. R. C. C. T. LOT 21, BLOCK D THE FALLS PHASE 1A VOL. 0, PG. 615 P.R. C. C. T. (LANDSCAPE & PUBLIC ACCESS EASEMENT) 20" UTILITY EASEMENT - - - VOL. P O.P.R.C.C. 615 -- __ C.CT.-- N00 3223'E 72.38' 7.5' UTILITY EASEMENT VOL. 0, PG. 615----� YCIRF 'ARTHUR" (CM) _ POINT OF ^ ---ter - —_ i� 25'X25'VISABILITYEASEMENT �'��---------BEGINNING-----r--- ,�'7T -- --- - v ---------------------- INST. NO. 2018029010005000 136. 79 l'oo f O G� , \ o 0. P.R. C. C. T �' CMF (CM) /� r, \ r� , i\ , 12.5 SANITARY SEWER EASEMENT ------------------------------------- - - - - - - - —- - - - - - - - - - - - /--------------; ---------------------------------- i' INST. NO. 2018029010005000 ` 0. P. R. C. C. T. I / � I 1 I jTEXAS BANK 24' FIRE LANE, ACCESS, INST NO. 2020012J000096520 UTILITY & DRAINAGE EASEMENT O. P. R. C. C. T VICTORIA FALLS CENTER ADD/T/O LOT 3R, BL OCK A INST. N0. 2018029010005000 = O.P.R.CC T. �\ 55,826 SQUARE FEET W W 1. 2816 A CRES I c� Q L4 i LOT 5, BLOCK A = VICTORIA FALLS CENTER ADDITION \\ \\ \ N 4 I W a I i i INST. NO. 20181029010005000 ��m I \ 100.P.R.C.C. T.' WATER EASEMENT `\ TEXAS BANK INSTN0. 20>81029010005000 LOT 2, BLOCK A •N • • . I N � I i `� OWNER'S DEDICA TION NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Texas Bank acting by and through its duly authorized agent, does hereby adopt this plat, designating the herein described property as Texas Bank an addition to the City of Anna, Collin County, Texas, and do he dedicate, in fee simple, to the public use forever any streets, alleys, and floodway management areas shown thereon. The easements shown thereon are hereby reserved for the purposes indicated. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use same. All, and any public utility shall have the right to remove and keep removed all or parts of any building, fences, trees, shrubs, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective system on the easements, and all public utilities shall at all times have the full right of ingress and egress to or from the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance or service required or ordinarily performed by that utility). Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed. \ R O.P.R. C C. T. \ \ \ VICTORIA FALLS CENTER ADDITION INST. N0. 20200123000096520 r • LOT 10, BLOCK B i \\ `\ \\ \ INST. NO. 20181029010005000 �� 0. P. R. C. C. T. r I J /I RR-LI ENTERPRISES, LP THE FALLS PHASE 1A VOL. 0, PG. 615 \ \ \ O. P.R. C. C. T. A, ,r INST. NO. 20080104000020330 P. R. C. C. T. ` �_ v 3 Lr i .i i "'.�, 13.. L• 7K .A / I I \ I 0. P.R. C. C. T. (LANDSCAPE &PUBLIC \ \ \ \ K4 Tt•�iT 3i F3ir'1 .'�3 CEAI..�•z'•�t .Ai D- •TA.N l ACCESS EASEMENT) O / • rs: r s:.9 trp z.t s:. s.4.t t Wv I I \ Z \ z \ \ ...�3 i . i'r4r. .�trii7i4+.��4°i4rLrLr�ir4rLr I \ \ om \ \ Z!: / 24' FIRE N INST LANE, ACCESS, UTILITY &DRAINAGE EASEMENT \ 005000 Tl/7T/ / O o.2olao2sOlo I \ oa \ � - 0. P.R. CCT. \\ oo \\ 24' FIRE LANE, ACCESS, ------- \ o � UTILITY &DRAINAGE EASEMENT V "J INST. NO. 2018029010005000 / O.P. R. C C. T. / I I '---- ------------------------ iL4/ I \ 25' BUILDING SETBACK I � - - - 7.5' UTILITY EASEMENT INST. NO. 20181029010005000� SIDEWALK EASEMENT _ \ `\ R P..C.C.T. // BY THIS PLAT VOL. O, PG 7. 615 15' UTILITY EASEMENT O.I ( I O.P.R.C.C.T I VOL. 0, PG 615 `\ \`--------------------------------------------- ---- - O. P.R. C. C. T. _ i ------ ______ I \ ------ 20' WATER EASEMENT --- /�-I---- +----I�-� INST. NO. 20181029010005000 25' X 25' VISABILITY EASEMENT I \\ ` .f-25' X 25' VISABILITY EASEMENT L _ _ _ _ _ _ \ 0. P.R. C. C. T. INST. N0. 2oJ8029010005000 \ S INST. NO. 2018029010005000 ------------------- N8858'S2"W 142.75' 0.P.R.C.C.T. \ / \ O. P.R. C C. T. 141.25 S88 5852'E 145. 80' YCIRF 'ARTHUR" N88.5852"W 262.830 YCIRF 'ARTHUR" (CM , ROW DEDICATED (0.277 AC) --- - _ _ - _ _ _ INST. N0. 20120420000461300 ------- -------- 0. P.R. C. C. T. 20'WATER EASEMEN T---------------------------------------------------------------------------------------------------------- ---- VOL. 0, PG. 615 __- 0. P. R. C. C. T. N0575'42"W o YCIRF 0.12' "ARTHUR Whereas, Texas Bank is the owner of a tract of land situated in the Francis T. Duffau Survey, Abstract No. 288, the City of Anna, Collin County, Texas, being Lots 3-4 of Lots 1-5, Block A, Victoria Falls Center Addition, an addition to the City of Anna, and recorded in Instrument 20181029010005000, Official Public Records, Collin County, Texas, (O.P.R.C.C. T.) being the some tract of land described in a warranty deed to Texas Bank recorded in Instrument Number 2020012J000096520 (O.P.R.C.C. T) and being more particularly described as follows COMMENCING at a 518" steel rod located at the most north western corner of Lot 1 of the Victoria Falls Addition, found in Inst. No. 201801290005000, Official Public Records, Collin County, Texas (O.P.R.C.C. T), and the most southwesterly corner of Lot 1, Block B, recorded in Inst. No. 20190711000815790 of The Falls Addition, Phase 1a, an Addition to the City of Anna, Collin County, Texas as recorded in Volume "0". Page 615 of the Plat Records of Collin County, Texas, (P.R.C.C. T) then continuing along the east Right -of -Way line of Victoria Falls Drive as recorded in Volume "0',' Page 615, P.R.C.C. T a bearing of South 003222" East a distance of 327.99 feet to an "X" cut located in the southwest corner of said Lot 1, and the northwest corner of Lot 2 of the said Victoria Falls Addition; THENCE South 895031" East, departing the east Right -of -Way line of said Victoria Falls Drive along the southern line of said Lot 1, the northern line of said Lot 2, a distance of 202.70 feet to an `X" Cut marking the northeastern corner of said Lot 2 and POINT OF BEGINNING; W. WHITE STREET (F. M. 455) (VARIABLE WIDTH RIGHT -OF -WA Y) Surveyors Certificate KNOW ALL MEN BY THESE PRESENTS: That 1, Brian R. Wade, do hereby certify that l prepared this plat from an actual and accurate survey of the land and that the corner monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Anna. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. ------------------------------- Brian R. Wade R. P. L. S. No. 6098 Date Sta to o f Texas County of Dallas THENCE South 89 50'31 " East, passing through an "X" Cut at 121.56 ft and continuing for a total distance of 262.80 feet to an "X" Cut, Before me, the undersigned, a notary public in and for the State of Texas on this day appears Brian R. Wade, known to me to be THENCE South 000929" West, a distance of 214.41 feet to a point from which an `X" Cut located on the the person whose name is subscribed to the foregoing instrument north Right -of -Way line of W. White Street recorded in Inst. No 20120420000461300. O.P.R.C.C. T, bears and acknowledged to me that he executed the same for the North 774345" 0.12 feet, purposes therein expressed and under oath stated that the statements in the foregoing certificate are true. THENCE North 88 58'52" West, continuing along said Right -of -Way line, passing through a 112" iron rod GI VEN UNDER MY HAND AND SEAL OF OFFICE THIS, THE -----. found with a plastic yellow cap stamped "Arthur" at 141.25 feet and continuing for a total a distance OF --------------, 2020. of 262.83 feet to a 112" iron rod found with a plastic yellow cap stamped "Arthur" THENCE North 00 0929" East, along the east line of said Lot 2 a distance of 210.46 feet to the POINT OF BEGINNING, containing 55826 square feet or 1.281589 acres, more or less. Sl TE 0 4-31 0 -Y u 0 i S H VICINITY MAP NOT TO SCALE N77 4345 0. 12' OCMF This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Anna. WITNESS, my hand at Dallas, Texas, this the (Printed name of authorized signature) (Corporate title of authorized agent) day of 2020. BEFORE ME, the undersigned, a Notary Public in and for the said State of Texas, on this day personally appeared ---------- known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose therein expressed and under oath stated that the statements in the foregoing certificate are true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2020. Notary Public in and for the State of Texas 0 15 30 60 (FEET) 1 inch = 30 ft. CERTIFICA TE OF APPROVAL day of APPROVED on this the -------- day of ------------- 20-----, by the City Council, City of Anna, Texas. Mayor City Secretary Owner's Acknowledgment l hereby acknowledge this document as the officially approved replat: 0 wn er s Signature WINTY-V114 Date REPLA T OF VICTORIA FALLS ADDITION LOT3R, BLOCK A FRANCIS DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS BEING A REVISION OF VICTORIA FALLS ADDITION BLOCK A, LOT 3 & 4 INST. NO. 20181029010005000 SCALE: 1 " = 30' TEXA S BANK 1120 HIGHWAY 79 N HENDERSON, TEXAS 75653 PHONE NUMBER CIO NAME DATE: 0212812020 ICYIIINY AR :A RAYMOND L. GOODSON JR., INC. 12001 N. CENTRAL EXPRESSWAY, STE 300 DALLAS, TX. 75243 214-739-8100 rlg®rlginc.com ZONING: PD-C TX PE REG #F-493 TBPLS REG # 100341-00 SHEET 1 OF I Notary Public in and for the State of Texas CITY OF ANNA Planning & Zoning Commission October 5, 2020 Replat: Victoria Falls Center Addition, Block A, Lot 3R Applicant: RLG Consulting Engineers AGENDA ITEM: Consider/Discuss/Action on a recommendation regarding the Victoria Falls Center Addition, Block A, Lot 3R Replat. SUMMARY: Bank on one lot on 1.3± acres located on the north side of White St (FM 455), 220± feet east of Victoria Falls Drive. Zoned: Planned Development -General Commercial-119-2003 (PD-C-2-119- 2003) The purpose for this replat is to combine Victoria Falls Center Addition, Block A, Lots 3 and 4 into one lot, 3R. RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Locator Exhibit THE CITY OF Anna AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Approve a Resolution for the Victoria Falls Center Addition, Block A, Lot 3R Site Plan. (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. Resolution - (SP) Victoria Falls Center Addition, Block A, Lot 3R 2. EXHIBIT A (SP) Vlctoria Falls Center Addtion, Blk A, Lot 3R 3. PZ - STAFF REPORT (SP) Victoria Falls Center Addn, Block A, Lot 3R APPROVALS: Lauren Mecke, Planner II Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN FOR VICTORIA FALLS CENTER ADDITION, BLOCK A, LOT 3R. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Article 9.04 the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Abdulah Emad,PE, RLG Consulting Engineers, has submitted an application for approval of a site plan for Victoria Falls Center Addition, Block A, Lot 3R; 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 for Victoria Falls Center Addition, Block A, Lot 3R attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13" day of October 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 26' W ° W W Z U EXISTING FIRE c\ ° YDRANT W 25' X ,,_95' V/SABILITY EASEMEN INST. NO. 20180 9010005000 O.P.R. C. . T. ° ° )5' X 25' V/ ABILITY EASE,NST. NO. 2018029070005 0. . R. C. C. T. I.5' UTILITY SEMENT VOL. O, 615 M. R. T\ I / ° LOT 10, BLOCK, B > THE FALLS PHASE IA, VOL 0 PC 615 PRCC.T. (LANDSCA; E° & PUBLIC ACCESS ASEMENT) 26' wv Li I > Q� U C� I �Q� N � I 7.5' UT/L/ Y EASEMENT VOL. o PG 675 M. C C T. TPD r --- 1 715 ---- 1 ° EXISTING f QARRIER-FREE �� ° RAMP 0 itm o PR/VA TE DRAINAGE &DETENTION EASEMENT �. I - INS N0. 20181029010005000 I I I I Q p Li O. P. R. C. C. T. I W II Q)Cl:� I r I I 20' SANITARY SEWER EASEMENT i i F--i-------- o�i iZ N O DRAINAGE EASEMENT j ;LOT 1 j INST. NO. 2018029010005000 I Q I I INST. NO. 20181029010005 EXISTING CONCRETE o i GZj 0. P.R. C. C. T. i i 0. P. R. C. C. 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T. - Q_ .............. i �\ 716 0. 88 ACRES / / iz / "� — — — I / :.:.:.: '���..':I / i I RR—Ll ENTERPRISES, LP 18' Z 20080104600020330 I I/lCTORIA FALLS CENTER ADDI TlO W I / �, , \ �16 6 /�1 R. C. C. T � ❑ ^I :.:. :':':':'....... . w i1 �� LOT JR, BLOCK A ��� 1 N 0 W Q ° BLOCK / 55, 826 SOFT / .'.' o\\ \\\ LOTS 1-5, N PRO 10.8 / N Q .. I '^ LOT 5 m\\ \ ICTORIA F ADDITION S 0 %.28/6 ACRES PROPOSED ..'.'...'.'...'.'...'.'...' i a� �, \ \ 717 20I81029010005000 / W / 26747 SQFT OSED BARRIER -FREE 6' 20 - W �' vv �vv v o, �6, 0. P. R. C. C. T. / RAMP scR WALL 0.61 ACRES �.. .. :::� N \\ \\ k PROPOSED W'..'.'.'.'.'.'.'.'.'.'.'.'.', i Q j \ O) CANOPY Z '•' W W ADVILAS LLC / ,N PROPOSED W I : ::.:.:.:.:...'.'.... L W _ / 20180131000125100 �1g /—STORY BANK o Q z 1 0 t M. R. C. C. T. \\\ \\\ \\\\ \\\ mZ o�19 PROPOSED / y >>8 \ \ 1 \\ \ \\ z \\ -� 718 /� Z• I / (5025 SQFT FLAG POLES ::...:'.... :'.. i \ \ \ G> V FF= 7/ 9. 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WHITE STREET (F.M. 455) VARIABLE WIDTH RIGHT-OF-WAY GENERAL SI TE DA TA Zoning PD119-2003 C-2 Land Use C-2 Commercial District Lot Area 55,826 ft2; 1.28 cc Building Footprint 5,025 ft2 Total Building Area 5,025 ft2 Building Height 1—story Building Height 33 ft L o t Co verage 9.00 % PARKING Parking Ratio 3.5 per 1, 000 GFA Required Parking 18 spaces Provided Parking 22 spaces ADA Parkin Re 'd 2 spaces ADA Parking Provided 2 spaces LANDSCAPE AREA Required Internal Area 8 x 24 = 192 ft2 A ddi tion al Area Provided 952 ft2 Total Landscape Area 1,144 ft2 0 0 0 8"SS 12"W LEGEND PROPOSED FIRE LANE EASEMENT EXISTING FIRE LANE EASEMENT PROPOSED LANDSCAPE AREA PROPOSED CURB EXISTING SANITARY SEWER LINE PROPOSED SANITARY SEWER LINE EXISTING WA TER LINE PROPOSED WA TER LINE PROPOSED GAS LINE FOR REFERENCE ONL Y (REF MEP & A TMOS) EXISTING CONTOUR LINE PROPOSED CONTOUR LINE PROPOSED LIGHT POLE EXISTING FIRE HYDRANT OWNER: TEXAS BANK 1120 US HIGHWA Y 79 N HENDERSON, TX 65652 MICHAEL MARSHALL 844-3I9— 6684 ARCHI TECT.- TGS ARCHITECTS 825 WA TIERS CREEK SL VD BLDG M, SUITE 345 ALLEN, TX 75013 SEA NEAL (214) 788-1945 ENGINEER: RL G CONSULTING ENGINEERS 12001 N. CENTRAL EXP Y, SUITE 300 DALLAS, TX 75234 ABDULLAH EMAD, PE (214) 739-8100 PROGRESS SET FOR REVIEW ONLY ISSUED 09/08/2020 THESE DOCUMENTS ARE FOR DESIGN REVIEW AND NOT INTENDED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. THEY WERE PREPARED BY OR UNDER THE SUPERVISION OF: ABDULLAH EMAD TEXAS PE #128156 BENCHMARKS.' BM#1: SQUARE CUT ON BACK OF IOFT INLET, WEST SIDE OF VICTORIA FALLS DRIVE, APPROX 390FT f NOR TH OF THE CENTERLINE OF F. M. HIGHWA Y NO. 455. (NOT SHOWN) ELEV 713.25 BM#2: SQUARE CUT ON INLET, NORTH SIDE OF WESTBOUND LANE OF F.M. HIGHWA Y 445 (WHITE ST.), APPROX 25FT f NORTH OF CENTERLINE OF WESTBOUND LANE. BENCHMARK IS APPROX. 56FT f EAST OF THE CENTERLINE OF OAK HALLOW LANE AS SHOWN. ELEV 722.59 0 10 20 40 FEET 1 inch = 20 ft. RLG CONSULTING ENGINEERS 12001 N. CENTRAL EXPRESSWAY #300 DALLAS, TX 75243 WWW.RLGINC.COM TBPE FIRM REG. F-493 SITE PLAN TEXAS BANK VICTORIA FALLS CENTER ADDITION L O T 3R, BL OCK A, 1.28 A CRES CITY OF ANNA, COLLIN COUNTY, TEXAS ZONING I DRAWN I DATE I FILE I NUMBER I SHEET PD1 2003 I RLG 8/28/2020 C-2 I I 2013 I 009 I C3. 00 C- CITY OF ANNA Planning & Zoning Commission October 5, 2020 Site Plan: Victoria Falls Center Addition, Block A, Lot 3R Applicant: RLG Consulting Engineers AGENDA ITEM: Consider/Discuss/Action on a recommendation regarding the Victoria Falls Center Addition, Block A, Lot 3R Site Plan. SUMMARY: Bank on one lot on 1.3± acres located on the north side of White St (FM 455), 220± feet east of Victoria Falls Drive. Zoned: Planned Development -General Commercial-119-2003 (PD-C-2-119- 2003) RECOMMENDATION: Recommended for approval as submitted. ATTACHMENTS: Locator Exhibit THE CITY OF Anna AGENDA ITEM: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Approve a Resolution of names to appear on the Ceremonial Plaques for the new City Hall and Fire Station (City Manager Jim Proce) SUMMARY: The resolution before the City Council is to identify the names of the city officials and contractors that will appear on the ceremonial plaques at the entrance of the new city hall and fire station, both of which are under construction. The individuals listed had a significant role in the history of identifying the funds for the projects and moving the projects towards construction. FINANCIAL IMPACT: Though this item has not been priced out, we estimate that in total, both plaques will not exceed $1,000 total. 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 this item. ATTACHMENTS: 1. Plaque Resolution APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE NAMES OF CITY OFFICIALS TO APPEAR ON THE CEREMONIAL PLAQUE FOR THE NEW CITY HALL AND NEW FIRE STATION WHEREAS, the City of Anna will complete the years -long development and construction of its new City Hall in summer of 2021 and its new Fire Station in spring of 2021 after the groundbreaking of the project in February of 2020, and WHEREAS, over the past 10 years, City of Anna City Council directed city staff in pursuing funding, development, and design of the future municipal complex buildings, including the new City Hall and Fire Station, and WHEREAS, the future municipal complex for the City of Anna would not have been possible without the direction of the City of Anna City Council as well as the work of city staff along with the project architects Randall Scott Architects, Inc. and project contractor Lee Lewis Construction, Inc., and WHEREAS, this plaque provides recognition for the leadership and vision of the City of Anna City Council, City of Anna city staff, and contractors for the new City Hall including: Elected Officials: Mayor Mike Crist Mayor Nate Pike Council Member John Beazley Council Member Nathan Bryan Council Member Justin Burr Council Member Lee Miller Council Member Chris Reeves Council Member Kevin Toten Council Member Alonzo Tutson Council Member Josh Vollmer Charter Officers: City Manager Jim Proce, ICMA-CM City Attorney Clark McCoy City Secretary Carrie Land Architect: Randall Scott Architects, Inc. Contractor: Lee Lewis Construction, Inc Project Manager: Greg Peters, P.E. WHEREAS, this plaque provides recognition for the leadership and vision of the City of Anna City Council, City of Anna city staff, and consultants for the new Fire Station including: Elected Officials: Mayor Mike Crist Mayor Nate Pike Council Member John Beazley Council Member Nathan Bryan Council Member Justin Burr Council Member Lee Miller Council Member Chris Reeves Council Member Kevin Toten Council Member Alonzo Tutson Council Member Josh Vollmer Charter Officers: City Manager Jim Proce, ICMA-CM City Attorney Clark McCoy City Secretary Carrie Land Architect: Randall Scott Architects, Inc. Contractor: Lee Lewis Construction, Inc. Project Manager: Greg Peters, P.E. Fire Chief: Ray Isom 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 of Approval. The City Council hereby authorizes the City Manager to execute on its behalf, subject to legal review and approval by the City Attorney, the approval of the names of city officials to appear on the ceremonial plaque on the new city hall. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day of October 2020. ATTEST: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: Item No. 6.a. City Council Agenda Staff Report Meeting Date: 10/13/2020 Staff Contact: Joey Grisham Hold a Public Hearing and Consider/Discuss/Action on approving a Resolution providing for a declaration of no objection to a proposed senior housing project. (Economic Development Director Joey Grisham) SUMMARY: The City was approached by Ryan Combs of JPI, the largest multifamily developer in Texas, to develop a senior living project in Anna Town Square. JPI is seeking to utilize the Texas Dept. of of Housing and Community Affairs' multifamily bond program with the 4% tax credit program. The first step in the process is for the city to pass this resolution, followed by a resolution from the Collin County Commissioner's Court on Oct. 19th. The bonds are accomplished through an application and lottery system that is administered by the TDHCA. JPI plans a high -quality development of approximately 185 units, similar to a development (Gala at Fate) they just did in the city of Fate. As you are aware, senior living is a void in the city of Anna and would offer many families an opportunity to move their parents closer. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Hold a public hearing and approve the resolution. ATTACHMENTS: 1. Resolution - Gardens of Anna LP 2. JPI Senior Presentation - Anna /_1»:Z61%WI Joey Grisham, Economic Development Director Created/Initiated - 10/9/2020 Jim Proce, City Manager Final Approval - 10/9/2020 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, PROVIDING FOR A DECLARATION OF NO OBJECTION TO THE PROPOSED SENIOR HOUSING IN ANNA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna Senior Living, LP has proposed a development of 185 units for senior rental housing on approximately 7.9 +/- acres of land located approximately the northwest corner of Florence Way and E Finley Blvd, City of Anna, Collin County, Texas, to be commonly known as Gardens of Anna ("Senior Project"); and WHEREAS, Anna Senior Living, LP ("Applicant") has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credits for the Senior Project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: SECTION 1. Notice has been provided by Applicant to the City Council of the City of Anna in accordance with Texas Government Code, § 2306.67071(a). SECTION 2. The City Council of the City of Anna has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the Senior Project. SECTION 3. The City Council of the City of Anna has held a hearing on October 13, 2020 at which public comment was allowed be made on the application for the Senior Project in accordance with Texas Government Code § 2306.67071(b). SECTION 4. After due consideration of the information provided by the Applicant and public comment, the City Council of the City of Anna does not object to the proposed TDHCA application for the Senior Project. SECTION 5. The City Secretary of the City of Anna is hereby authorized, empowered, and directed to certify this resolution to the TDHCA and the Applicant may submit said certified resolution to TDHCA. CONSIDERED, PASSED AND ADOPTED by the City Council of the City of Anna at a regular meeting on the 13th day of October, 2020 at which a quorum was present, and for which due notice was given pursuant to Government Code, Chapter 551. APPROVED: Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary INDEPENDENT SENIOR LIVING A F F O R D A B L E RESIDENTIAL DEVELOPM ENT ABOUT JPI COMPANY OVERVIEW ➢ Headquartered in Dallas -Fort Worth, with over 30 years of development, construction and investment management experience. ➢ A fully integrated team of professionals in specialized fields: Development, Acquisitions, Construction, Asset Management, Finance/Accounting and Project Capitalization. ➢ A development and acquisition history of over 330 projects consisting of over 98,000 homes located in 140 cities covering 27 States and Canada, valued at over $13.2 billion. ➢ Currently 30 communities under various phases of development, consisting of over 10,000 homes located in 17 different cities at a value of over $3 Billion. ➢ In DFW, JPI has developed 51 apartment communities totaling 20,122 homes. 1 c 147,;w �.Wmm 4� JPI 2 AFu ll a 1 w4l� �'-- I I F I El Tin =15M P6 I -'o 114 11 tiLliqu !1 1 ❑11M shollml., L I-7wltwd m I0 JAI P oppw� 7�5 L16 9-PWI "A IF" NMI log 00422 WE BE 22 mm-- 00 NI NO IP JPI Affordable Senior living -now ri r Mpg- VNI % Ara* PalladwmAnna FA • CLASS A CONSTRUCTION • High percentage of masonry on the exterior • Articulation and variation of materials in the elevations in order to create architectural interest. Not flat was along exterior elevations • 9' ceilings • Granite countertops & Energy efficient appliances • Upgraded cabinetry in the units • Vinyl Plank (wood look) flooring instead of carping in the units living and dining rooms • Upgraded and high -end fixtures • RESORT STYLE AMENITY PACKAGE: Consistent with the nicest Class A rental communities in DFW • Fully gated community • Common area Wi-Fi • Resort Style Pool • Fully appointed clubhouse with... • Fitness Center • Business Center • Club Event Room • Common Area JP1 • Playground and barbeque picnic areas • CARES Team onsite social coordinators SCARES A national owner -manager of communities with CARES has consistently outperformed the non - CARES communities by 5-6 percentage points. Data from portfolio analysis done by Greystar on properties with CARES Communities with CARES showed an average increase of 18.2 percent in their online reputation ratings. Data from a six month pilot with 18 CARES communities rk t vitlq, f I �w �'l qmp 4- jop �� �;=-•.. ��-=-� q�_ � :. -� ^�-�.aa.-_ . AP, I/ y ,i:r.•�r� „try."� •_�� -- -- r ' ^^ W, all �v P.T.., m4 L q_ logo. 0 pr -j� iil !' � . —_ — ..�;' aL`r:uF�"`!glf!IEI�?;i!�,IIi,:� — ..',F�.,;: � � F;. q#-. �—e>e• ,.i j : ;.�,;;:� �;:,:•.I,: I� ,��I;�;; � III=�-��lif � 1....� ..�! � ��� " - lam �" ..4.'. �•-R.L�;�_ '�='-_: - ,- - ..ram - "� �r ci+. l� -� ��_ __ - • d "'�. 'J'-f � - - � � -�� 'P' .-mac?- ,�-'j'.. `. ,-�'s� T7.:.: _ . , 'r . Sa"�"'C .. =•'err.. r a Fz- It THANK YOU Ryan Combs, SVP 600 E. Las Colinas Blvd., Suite 1800 1 Irving, TX 75039 Office:214-276-7275 1 Mobile:512-983-0422 ryan.combs@jpi.com I www.ipi.com