HomeMy WebLinkAbout2019-01-22 Work Session & Regular Meeting PacketAGENDA
City Council Work Session
THE CITY OF
Anna Tuesday, January 22, 2019 @ 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Work Session at 6:30 PM, on January
22, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to
consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
2. 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 the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Manager
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.
3. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Smith, 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 January 18, 2019.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
AGENDA
THE CITY OF Regular City Council Meeting
AAtia Tuesday, January 22, 2019 @ 7:00 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7:00 PM, on
January 22, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5),
to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item, please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
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 City Council Meeting Minutes for January 8, 2019. (City Secretary)
b. Approve a Resolution authorizing the City Manager to execute a contract to
purchase and refurbish a 1906 2-6-0 Mogul ALCO locomotive. (Maurice
Schwanke)
c. Approve a resolution authorizing changes to the CDC bylaws. (Jessica
Perkins)
d. Review Quarterly Investment Report (Dana Thornhill)
e. Approve a Resolution authorizing the City Manager to solicit competitive
sealed proposals for the Hackberry Elevated Storage Tank Lighting Project.
(Joseph Johnson)
6. A.) Public Hearing on an Ordinance amending the Subdivision Ordinance, the
Sign Ordinance and the Landscape Ordinance
B.) Consider/Discuss/Action on an Ordinance amending the Subdivision
Ordinance, the Sign Ordinance and the Landscape Ordinance (Maurice Schwanke)
7. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna,
Texas, establishing a new administrative department, the City of Anna Economic
Development Department, making certain related findings, and providing an
effective date (Jim Proce)
8. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to
negotiate the terms of a proposed contract for Construction Manager At Risk
services for the construction of the proposed Municipal Complex. (Jim Proce)
9. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna,
Texas, finding and determining that a public necessity exists for acquisition of
approximately 2.03± acres of real property for municipal public use described as
Anna Original Donation (Can), Block 2, Lot 1-5 8 9 & ABS-71 Henry Brantley
Survey Tract 147 and located at or near 206 E. 7th Street, Anna, Texas; authorizing
and ordering the City Manager, City staff, contractors, and the City's attorneys to
acquire said property by any lawful means, including but not limited to negotiations,
and, if necessary, proceedings in eminent domain; providing an effective date.
(Joseph Johnson)
10. Discuss EMS and ambulance service delivery options related to the fire
department. (Ray Isom)
11. 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 the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Manager
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
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.
12. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
13. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Smith, 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 January 18, 2019
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Approve City Council Meeting Minutes for January 8, 2019. (City Secretary)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Work Session
Regular Session
Upload Date Type
1 /17/2019 Exhibit
1/17/2019 Exhibit
ANNACITYCOUNCIL
MINUTES
WORK SESSION
January 8, 2019
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:35 p.m.
All Council Members were present.
2. 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 the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Manager
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
MOTION: Council Member Bryan moved to enter closed session. Council
Member Miller seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 6:36 p.m.
Mayor Pike reconvened the meeting at 7:07 p.m.
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.
3. 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.
None
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:07 p.m.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
Approved on the .
ANNACITYCOUNCIL
MINUTES
REGULAR SESSION
January 8, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:07 p.m.
All Council Members were present.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and pledge.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the 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.
Christine Lewis, 8108 Redfox Lane - Requested Council to table item 5f.
Andrew Michrina, 902 Fulbourne Dr - spoke on need for a City dog park. See
Exhibit 1
4. Receive reports from Staff or the City Council about items of community
interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. Proclamation School Choice Week
b. Department Reports — An update from the Fire Department to the City
Council and Community. (Interim Chief Isom)
Interim Chief Isom provided his annual department update.
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.
Items f and g were removed from the consent agenda.
a. Approve Council Meeting Minutes for November 27 and December 11. (City
Secretary)
b. Review the minutes of the December 3, 2018 Planning and Zoning Meeting.
c. Approve a Resolution approving the Calvert Addition Development Plat.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
CALVERTADDITION DEVELOPMENT PLAT
d. Approve a Resolution approving the Durfee Addition Development Plat.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
DURFEE ADDITION DEVELOPMENT PLAT
e. Approve a Resolution approving a site and landscape plan for Creekside
Office Building Phase 1 located on White Street and Victoria Falls as Block
D, Lot 20-R-2A of the Falls Ph 1 A Replat.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
SITE PLAN AND LANDSCAPE PLAN OF CREEKSIDE OFFICE
BUILDING PHASE 1.
f. Approve a Resolution approving the Pecan Grove Phase 4 Final Plat.
The Pecan Grove Phase 4 Final Plat is located in the R. Ingraham Survey,
Abstract No. 464 and the J. Slater Survey, Abstract No. 868. The plat
contains approximately 57.725 acres covering a section of land West of
Highway 5 and to the East of Phase 2 and 3 of Pecan Grove that will consist
of 232 lots. A letter from the Engineer of Record for this development has
been submitted concerning no downstream impact from storm drainage.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
FINAL PLAT OF PECAN GROVE PHASE 4.
MOTION: Council Member Reeves moved to approve. Council Member Beazley
seconded. Motion carried 5-2. Toten and Tutson opposed.
g. Approve a Resolution approving the Lakeview Estates Phase 3 Preliminary
Plat.
The Lakeview Estates Phase 3 preliminary plat contains 16.828 acres
located in the Joseph Sluter Survey, Abstract No. 856. This tract is located
North of Lakeview Estates subdivision off Ferguson Rd and South of Rattan
Elementary. The preliminary plat is for 56 residential lots, an open space lot,
and one commercial lot. The tract was recently rezoned for a new Planned
Development for the area for residential use and another for the commercial
use of a Daycare.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY PLAT OF LAKEVI EW ESTATES PHASE 3.
MOTION: Council Member Bryan moved to approve. Mayor Pike seconded.
Motion carried 7-0.
h. Approve a Resolution approving a site and landscape plan for Freedom Flex
Car Wash located near the northwest corner of White St and Ferguson Pkwy,
to the west of 7-Eleven (1510 W White St).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
SITE PLAN AND LANDSCAPE PLAN OF FREEDOM FLEX CAR
WASH.
MOTION: Council Member Miller moved to approve items a, b, c, d, e, and h on
the consent agenda. Council Member Beazley seconded. Motion carried 7-0.
6. Conduct a Public Hearing for the purpose of receiving public comment on
proposed amendments to the City's Roadway Capital Improvements Plan,
Land Use Assumptions, and Impact Fees. (Joseph Johnson)
Impact fees are authorized under Chapter 395 of the Local Government Code and
may be imposed upon new developments to fund both existing and proposed
infrastructure that is necessary to provide service to a development. The last
roadway impact fee update was completed in 2014. By statute, the City is required
to review the Land Use Assumptions and Capital Improvement Plan (CI P) at least
once every 5 years but may update them sooner as growth patterns, land use and
infrastructure needs change.
Over the past several months, staff has worked with our engineering consultant to
identify street infrastructure projects that should be added to our C I P.
Subsequently, land use assumptions, population projections, and calculated
maximum fees were evaluated with new recommendations for the population
projections and calculated maximum fees.
On September 10, 2018, the updated Roadway Impact Fee Report was presented
to the Impact Fee Advisory Committee which subsequently took action approving a
letter addressed to the Council concurring with the findings of the report and finding
that the report is in general compliance with Texas Local Government Code
Chapter 395. At the Council Meeting held on November 13, 2018, Council
approved a Resolution setting a Public Hearing for January 8, 2019 at 7:00 p.m. for
the purpose of receiving public comment. Additionally, the report was made
available to the public.
Mayor Pike opened the public hearing at 8:32 p.m.
No comments.
Mayor Pike closed the public hearing at 8:32 p.m.
7. Conduct a Public Hearing for the purpose of receiving public comment on
proposed amendments to the City's Water & Wastewater Capital
Improvements Plan, Land Use Assumptions, and Impact Fees. (Joseph
Johnson)
Impact fees are authorized under Chapter 395 of the Local Government Code and
may be imposed upon new developments to fund both existing and proposed
infrastructure that is necessary to provide service to a development. The last water
and wastewater impact fee update was completed in March 2017 and adopted in
April 2017. By statute, the City is required to review the Land Use Assumptions and
Capital Improvement Plan (CI P) at least once every 5 years but may update them
sooner as growth patterns, land use, and infrastructure needs change.
Over the past several months, staff has worked with our engineering consultant to
identify water and wastewater infrastructure projects that should be added to our
CI P. Subsequently, land use assumptions, population projections, and calculated
maximum impact fees were evaluated with new recommendations for the population
projections and calculated maximum fees.
On September 10, 2018, the updated Water & Wastewater Impact Fee Report
was presented to the Impact Fee Advisory Committee which subsequently took
action approving a letter addressed to the Council concurring with the findings of
the report and finding that the report is in general compliance with Texas Local
Government Code Chapter 395. At the Council Meeting held on November 13,
2018, Council approved a Resolution setting a Public Hearing for January 8, 2019
at 7:00 p.m. for the purpose of receiving public comment. Additionally, the report
was made available to the public.
Mayor Pike opened the public hearing at 8:37 p.m.
No comments.
Mayor Pike closed the public hearing at 8:37 p.m.
8. Consider/Discuss/Action regarding approval of an Ordinance adopting
proposed amendments to the City's Land Use Assumptions, Capital
Improvements Plan, and Roadway Impact Fees. (Joseph Johnson)
Having held the Public Hearing, the Council may now choose to take action on the
adoption of proposed amendments to the City's Land Use Assumptions, Capital
Improvements Plan, and Roadway Impact Fees.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED
LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND
ROADWAY IMPACT FEES; AMENDING THE ANNA CITY CODE OF
ORDINANCES PART IV, ARTICLE 7, ADDING A NEW SECTION 14
(ROADWAY IMPACT FEES); PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Beazley moved to approve the maximum rate of $905
for Service area 1 and $842 for Service area 2. Council Member Miller seconded.
Motion carried 7-0.
9. Consider/Discuss/Action regarding approval of an Ordinance adopting
proposed amendments to the City's Land Use Assumptions, Capital
Improvements Plan, and Water & Wastewater Impact Fees. (Joseph
Johnson)
Having held the Public Hearing, the Council may now choose to take action on the
adoption of proposed amendments to the City's Land Use Assumptions, Capital
Improvements Plan, and Water & Wastewater Impact Fees.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED
LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND
WATER AND WASTEWATER IMPACT FEES; AMENDING THE ANNA CITY
CODE OF ORDINANCES PART IV, ARTICLE 7, SECTION 13 (WATER AND
SEWER IMPACT FEES); PROVIDING FOR A PENALTY FOR ANY
VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING
FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
MOT ON: Council Member Beazley moved to adopt the maximum rate of $4510
for Water and $4079 for Wastewater. Council Member Tutson seconded. Motion
carried 7-0.
10. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Manager
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
MOTION: Council Member Tutson moved to enter closed session. Council
Member Bryan seconded. Motion carried 7-0.
Mayor Pike recessed the meeting at 9:02 p.m.
Mayor Pike reconvened the meeting at 9:57 p.m.
11. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
12. Adjourn.
Mayor Pike adjourned the meeting at 9:57 p.m.
Approved on the January 22, 2019.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Approve a Resolution authorizing the City Manager to execute a contract to purchase and
refurbish a 1906 2-6-0 Mogul ALCO locomotive. (Maurice Schwanke)
SUMMARY:
Advertisement for bids for a 1906 2-6-0 Mogul ALCO locomotive were conducted and one
response was received from Reader Industries, Inc. located in Prescott, Arkansas. The bid was
received on January 3, 2019 which is prior to the January 8th deadline. The bid amount was
$348,360.00. There are funds available for this park equipment in the 2019 Fiscal Year Budget
Park Trust Funds approved by the City Council.
STAFF RECOMMENDATION:
Approval of a Resolution authorizing the City Manager to execute a contract to purchase and
refurbish a 1906 2-6-0 Mogul ALCO locomotive.
ATTACHMENTS:
Description
Upload Date
Type
Resolution
1/17/2019
Resolution
Contract
1/17/2019
Backup Material
ExhibitA
1/17/2019
Exhibit
Exhibit B
1/17/2019
Exhibit
Exhibit C
1/17/2019
Exhibit
Exhibit D
1/17/2019
Exhibit
Exhibit E
1/17/2019
Exhibit
Picture of Locomotive
1/17/2019
Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT TO PURCHASE AND REFURBISH
A 1906 2-6-0 MOGUL ALCO LOCOMOTIVE.
WHEREAS, The City Council authorized the City Manager to advertise for bids on a
1906 2-6-0 Mogul ALCO locomotive; and,
WHEREAS, a bid was received from Reader Industries on January V, 2019; and,
WHEREAS, the bid was review by the Anna Staff; and,
WHEREAS, there are funds available for purchase and refurbish of the 1906 2-6-0 Mogul
ALCO locomotive in the 2019 Fiscal Year Budget Parks Trust Fund approved by the City
Council; and,
WHEREAS, the City Council desires to authorize the City Manager to purchase the
equipment;
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 Contract Award.
The City Council hereby authorizes the City Manager to purchase the purchase and
refurbish a 1906 2-6-0 Mogul ALCO locomotive for a total sum of $348,360. The City
Manager is hereby authorized to execute all documents and to take all other actions
necessary to procure the equipment.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
22nd day of January 2019.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RESOLUTION NO. PAGE 1 OF 2
Relocation and Appearance Restoration Agreement
This Relocation and Appearance Restoration Agreement ("Agreement") is made this day between Reader
Industries, Inc., an Arkansas business corporation ("Provider") and the City of Anna, Texas, an
incorporated municipality of the State of Texas ("Client").
1. Purpose. Under this Agreement, Client is acquirement full and sole ownership and possession of
Steam Locomotive No. 201 a 1906 ALCO, 2-6-0 wheel arrangement ("No. 201"), which —before
delivery to Client —was located at Eureka Springs and North Arkansas Railroad in the City of Eureka
Springs, Arkansas. Further, Client is herewith entering into this Agreement for Provider to
dismantle, load, and transport No. 201 to Provider's facilities in Reader, Arkansas and there
restore No. 201's appearance ("Restoration"). After No. 201 undergoes Restoration, it will again
be dismantled by Provider to the extent necessary and convenient for transport to Client's display
site in Anna, Texas, and Provider shall there install and reassemble No. 201 on track work provided
by Client. A Scope of Work is attached as Exhibit "A".
2. Restoration. The work to be performed on No. 201 by Provider is set forth in the attached Exhibit
"A" and in accordance with the attached Exhibit "E". The work to be performed by Provider may
be changed by mutual agreement for changes proposed by either party to this Agreement;
provided, however, that any such Agreement shall be set forth in a written change order and
executed by a duly authorized representative of Provider and Client ("Change Orders"). Work will
begin within 10 days of signing of this Agreement by both parties. An approximate schedule and
timeline is attached as Exhibit "C"
3. Cost of Services. The cost of Restoration services will be $328,560.00 which does not include
transportation costs. The cost of Restoration may increase or decrease as a result of Change
Orders in the Scope of Work in Exhibit A mutually agreed to by the parties. The total purchase
price including transportation and schedule of payments will be as set forth in attached Exhibit
"B". Invoices for the scheduled payments will be prepared and sent to Client with payments due
within 30 days from invoice date.
4. Transportation. Provider will make arrangements for and pay for all transportation of No. 201
and any parts from Eureka Springs, AR to Reader, AR and then from Reader, AR to Anna , TX and
delivery to Client's location for the sum of $19,800. Client may elect to arrange and pay for
transportation of No. 201 by giving immediate notice to Provider simultaneously with execution
of this Agreement. This notice must include details of the means and methods of transportation
and is subject to approval by Provider.
5. Display Track. Client will provide adequate display track so located at Client's delivery point such
that the track work and road bed will support the weight of No. 201 and give adequate clearance
for transportation equipment to be unloaded at Client's delivery point. The unloading of the
equipment and reassembly of No. 201 may require the use of heavy lifting cranes requiring
adequate clearance for operation at the unloading site. Prior to construction of track work Client
will mark out proposed area /site and Provider and Provider's contactors will inspect and approve
or amend this Agreement if necessary due to additional cost to Provider.
6. Risk of Loss and Insurance. During the process set forth in Exhibit "A" Provider will secure a policy
of insurance up to the amount advanced. Risk of Loss will remain with the Provider until delivery
hereunder. Provider or its contractor(s) shall acquire and maintain, during the period of time
when any of work under this Agreement is being performed or is under construction (and until
the full and final completion of said work): (a) workers compensation insurance in the amount
required by law; and (b) commercial general liability insurance including personal injury liability,
premises operations liability, and contractual liability, covering, but not limited to, the liability
assumed under any indemnification provisions of this Agreement, with limits of liability for bodily
injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover
any and all claims which might arise out of this Agreement or any subcontracts, whether by
Provider, a contractor, subcontractor, material man, or otherwise. Coverage must be on an "per
occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better
by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name
the Client as an additional insured and contain a waiver of subrogation endorsement in favor of
the Client. Upon request, Provider shall provide to the Client certificates of insurance evidencing
such insurance coverage together with the declaration of such policies, along with the
endorsement naming the Client as an additional insured. Each such policy shall provide that, at
least 30 days prior to the cancellation, non -renewal or modification of the same, the Client shall
receive written notice of such cancellation, non -renewal or modification.
7. Warranties. Provider warrants to Client that all work performed will be done in a workman like
and professional manner and that materials meet or exceed requirements set forth in the
attached Exhibit "D", materials and specifications. No warranties are made on any existing
equipment, the warranties of Provider are limited to workmanship and materials used in
Restoration and are limited to items having a material effect on the appearance of No. 201. The
warranties of Provider regarding workmanship and material will expire 12 months after delivery
and reassembly of No. 201. PROVIDER MAKES NO OTHER WARRANTIES WHATSOEVER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS AND
MERCHANTABILITY.
8. Passage of Title. Client shall receive title to No. 201 upon completion of the Restoration and
delivery of No. 201 to client in accordance with this Agreement and full payment of the amounts
due from Client under this Agreement.
9. Remedies. If after delivery and reassembly of No. 201 Client determines that Provider has
breached a warranty, Client will give notice to Provider detailing with specificity the nature of the
breach and Provider will either remedy the breach or notify Client that the warranty is not
breached. If Provider notifies Client that the warranty is not breached Client may pursue any
remedies at law or in equity. Provider has thirty (30) days to remedy or provide protest or denial
of breach.
10. Inspections. Except as provided for in Exhibit "C", Client shall have the right to inspect the No.
201 while work is in progress by notifying Provider at least four days prior to the inspection.
11. Notices. All notices permitted or required hereunder shall be deemed to have been given if
placed in the U.S. mail, postage prepaid, for Certified Mail delivery, and addressed:
If to Client:
City of Anna
c/o Maurice Schwanke
111 N. Powell Pkwy.
Anna, TX 75409
Telephone: 972-924-2616
Email: mschwanke@annatexas.Bov
If to Provider:
Reader Industries, Inc.
537 Hwy 368
Prescott, AR 71857
Telephone: 501-624-6881
Email: tavarestrain(@email.com
12. Breach. If either party breaches this Agreement the other party will have the right to assert
remedies available to that party at law or in equity.
13. Indemnification. INDEMNIFICATION and HOLD HARMLESS. THE PROVIDER, INCLUDING ITS
RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND,
HOLD HARMLESS, AND INDEMNIFY THE CLIENT AND ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND
DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CLIENT, WHETHER REAL OR ASSERTED
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT
WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE, GROSS
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF PROVIDER, INCLUDING WITHOUT LIMITATION
THE NEGLIGENCE, GROSS NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ITS RESPECTIVE
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION
WITH OR IN ANY MANNER RELATING TO THE RESTORATION, TRANSPORTATION AND
INSTALLATION REQUIRED OR PERMITTED UNDER THIS AGREEMENT.
14. Performance Bond and Payment Bond. Provider must execute a performance bond in favor of
the Client and a payment bond for the construction and work required under this Agreement,
which bonds shall be in the full amount owed by the Client under this Agreement and in
accordance with Texas Government Code, Chapter 2253.
15. Control of the Work. At no time shall the Client have any control over or charge of the Provider's
design, restoration, installation or transportation of No. 201 or any related work.
16. Tax Exemption. The Client is a tax-exempt entity and it is anticipated that there shall be no sales
tax applicable to the transactions set forth in this Agreement. The parties agree to cooperate to
furnish evidence of the Client's tax-exempt status to any taxing authority that may seek to impose
or collect sales tax in connection with this Agreement. The parties agree to promptly notify each
other in writing of any attempt by any taxing authority to impose or collect such tax.
17. Miscellaneous. This Agreement will be governed by Texas law without giving effect to any choice
or conflict of law provision or rule that would cause the application of laws of any jurisdiction
other than the state of Texas. The parties agree that all actions or proceedings arising out of or
from or related to this Agreement will be litigated only in a court of competent jurisdiction in
Collin County, Texas. Each party consents and submits to the jurisdiction of such court and waives
any rights it may have to transfer or change the venue of any such litigation. The terms of this
Agreement will bind and benefit the parties and their successors in interest. Neither party will
have the right to assign this Agreement without the written consent of the other party. Any failure
by a Party to insist upon strict performance by the other Party of any material provision of this
Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time
thereafter to insist upon strict performance of any and all provisions of this Agreement. No
provision of this Agreement may be waived except by writing signed by the Party waiving such
provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by
any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver
of any other term or condition or subsequent waiver of the same term or condition. This
Agreement embodies the entire Agreement between the Parties and cannot be varied or
terminated except as set forth in this Agreement, or by written agreement of the City and
Developer expressly amending the terms of this Agreement. This Agreement may be executed in
any number of counterparts, each of which shall be deemed an original and constitute one and
the same instrument.
DATED:
2019.
Client:
City of Anna, TX
By:
Jim Proce, City Manager
Provider:
Reader Industries, Inc.
By:
Richard A. Grigsby, General Manager
Exhibit "A"
Project Scope of Work Summary
Locomotive and Tender Preparation and Loadout
Note: Certain obstructions exist on the route out of Eureka Springs that require the locomotive to be
dismantled for transport.
1. Locomotive dismantled for loading and transport
2. Crane required for lifting and loading boiler.
3. Lower portion of locomotive (frame and running gear) and tender to be loaded on RGN
lowboy trailers to facilitate loading and unloading.
Transportation to Reader — Distance 291 miles approximately
1. Special equipment loads — 3
2. Flatbed loads — 1
3. Permit loads — 3
4. Total loads — 4
Unloading and Switching to Reader Shop
1. Crane required for unloading boiler
2. Frame and running gear together with tender unloaded and rejoined for switching to shop.
Boiler maybe set back on running gear or carried on separate car.
Principle Appearance Restoration Work at Reader Shop
Note: Very few if any auxiliary equipment accompanied the locomotive when first acquired and most if
not all has been replaced at present. In restoring the appearance of the locomotive and tender the
auxiliary equipment missing or not consistent with steam era practice may be replaced with
nonfunctioning fabricated parts representative of the original auxiliaries or currently available stock
items (valves, fittings and gauges).
A. Boiler, Jacket, Smokebox and Frame and Running Gear to Boiler Fastenings
1. Boiler will be cleaned and painted after old jacket removed in order to reduce rust forming
stain to other parts. Spacer material may be attached to boiler to support new jacket.
2. The old jacket will be replaced with new paint grip galvanized paintable sheet metal to cover
the boiler from top to just below the level of the running boards with old dome covers to be
reused.
3. Any completely deteriorated portion of the smokebox will be replaced with like thickness of
steel with a secondary flange added to facilitate joining smokebox to saddle. Any non-
appearance parts may be deleted to facilitate the work.
4.
A matching flange will be added to cylinder saddle for joining to smokebox. Other flex
braces between boiler and frame may be fitted with bolted splice bars to facilitate
reassembly.
5.
Interim Inspection
B. Frame and Running Gear
1.
Disassemble as may be necessary and practical for cleaning and painting.
2.
Clean, paint and reassemble
C. Cab,
Running Boards, Grab Irons and Handrails
1.
Cab floor may be separated from running boards and may be reinforced with steel plate
subfloor.
2.
Running boards to be replaced with steel walk plate not exceeding 1/8" nominal thickness.
3.
Handrails and grab irons to be repaired if necessary cleaned and painted.
D. Piping, Auxiliary Equipment, Brake Valves, Gauges and Cab Lighting (see note at first)
1.
All cab equipment, piping, auxiliary equipment, vales and gauges will be provided to be in
appearance as close to steam era as practical.
2.
Replacement bell to be brass steam locomotive bell. Whistle maybe of steel or iron,
functional and appropriate to era.
3.
Cab electrical fixtures if required will be for appearance only
E. Tender
Tank, Frame, Deck, Running Gear
1.
Sides of tender tank repaired to original appearance. No oil tank will accompany tender.
2.
Any rotted wood replaced with standard sized pressure treated pine lumber. Multiple
layers may be employed if dimensions not readily available.
3.
All exterior surfaces to be cleaned and painted.
4.
Hoses will be renewed with readily available replacements of similar appearance.
F. Fitting of Boiler to Running Gear and Frame
1.
Crane would be required to lift and position boiler for fitting to frame and running gear.
2.
Cab fitted to boiler in this same process.
3.
Any required adjustments made and assembled parts returned to shop for fitting of other
parts and piping.
G. Final Assembly, Inspection, and Disassembly for Loadout
1.
All components would be complete and installed to assure final fit to assembled boiler,
running gear and cab.
2.
Completed tender would be attached to locomotive and all hoses connected.
3.
Pre -transport inspection would be made.
4.
Locomotive and tender returned to shop for transport disassembly generally to allow easy
parting of cab, boiler, frame and running gear at loading site.
Load Out at Reader
1. Crane required to remove boiler from frame and possibly cab for placing on trailer.
2. Running gear and tender rolled on to RGN lowboy trailers.
3. Miscellaneous items removed for transport loaded on flatbed trailer.
Transport to Display Destination, Distance 257 miles approximately
1. Special equipment loads — 3
2. Flatbed loads —1
3. Permit loads — 3
4. Total loads — 4
Off Loading at Display Destination and Final Assembly
Note: This assumes display track complete and ready for locomotive set up. Overhead must be clear of
obstacles and sufficient room available for crane rig up and RGN lowboy positioning for running gear
and tender roll off and line up.
Exhibit "B"
Schedule of Payments
At Signing: 20% of Total Estimated Cost $ 65,712.00
At Arrival at Reader: 20% of Total Estimated Cost $ 65,712.00
Together with 50% of Transportation Cost * $ 9,900.00
Total $ 75,612.00
At Interim Inspection 20% of Total Estimated Cost $ 65,712.00
At Final Inspection at Reader: 20% of Total Estimated Cost $ 65,712.00
At Final Delivery and Acceptance: 20% of Total Estimated Cost ** $ 65,712.00 **
Together with 50% of Transportation Cost* $ 9,900.00
Total $ 75,612.00
Total Project and Transportation Estimate $ 348,360.00
*Unless Client has elected to pay transportation cost
**Amount to be adjusted per change orders if any
Amounts do not include applicable sales tax if any
which will be paid by Client
Exhibit "C'
No. 201 Project Schedule and Timeline (Approximate)
1. Locomotive and tender prep and loadout — November 5-10, 2018 (6 to10 days)
2. Transport to Reader to unload morning of November 13, 2018 (1 to 2 days, may be divided into several sessions)
3. Locomotive and tender components in shop November 14, 2018 (1 day)
4. Shop work starts November 15, 2018 (start of 120 day Restoration)
5. Off Thanksgiving (1 day), Christmas (3 days), New Year's Day (1 day), and Good Friday (1 day)
6. Interim Inspection, February 27, 2019
7. Projected inspection at Reader shop, April 23, 2019 (1 day)
8. Reader Loadout April 24, 2019 (1 to 2 days)
9. Transport to deliver April 25, 2019 (1 to 2 days, may be divided into sessions)
10. Unloading at display site April 26 & 27, 2019 (1 to 2 days)
11. Final assembly complete May 1, 2019 (5 to 10 days)
Note: Work may be suspended from time to time as a result of inclement weather.
Exhibit "D"
Materials and Specifications
The following is a listing of materials specifications for materials to be used in the Appearance Restoration of No.
201 together with procedure specifications for weldments and mechanical fastenings.
Note: Should lifting eyes remain after final delivery and assembly they are not to be used to lift anything more
than the assembly to which they are attached, and that disassembly of the locomotive is required before lifting the
boiler from the frame. The locomotive should never be lifted as one piece.
Paints, Coatings, and Finishes
Coatings for metal parts:
Industrial Grade Oil based Enamel Paint and Primers, or
Water born Industrial Coatings.
Wooden Surfaces or Parts also Rubber or Composite Materials
Industrial Grade Oil based Enamel Paints and Primers or
Acrylic Latex Coatings and Primers
Wood Parts and Lumber*
Wood or Lumber exposed to weather:
SLSY Pine Grade No. 2 or better Pressure Treated
(Micronized Copper Azole 0.15 for ground contact)
Wood or Lumber not exposed to weather (cab Interior):
SLSY pine Grade No. 1 or better (Standard finished sizes)
*Note: Steel fabrications may be used to replace non-standard sized wood parts or combined thicknesses of
standard sized readily available lumber or timbers.
Steel Plates, Bars and Shapes
Hot Rolled carbon Steel ASTM H36 material
Bolts, Bolted Fastenings, and Studs
Bolted Fastenings where metal to metal joints are to be made:
ASTM Grade No. 5 bolts will be employed
Bolted Fastenings where studs are to be added or replaced:
ASTM A36 material to manufacture studs
Bolted Fastenings where wood to metal joints are to be made:
ASTM Grade No. 2 or Carriage Bolts or Lags may be employed
Weldments and Welded Joints
All welding to be done per AWS approved procedures for carbon steel flux coated electrodes used in
structural fabrication of carbon steel components.
Steel Pipe and Pipe Fitting Replacements
Where Replacement Pipe and Fittings required:
Black Carbon Steel Pipe ASTM A53BERW schedule 40
Schedule 40 compatible welded or threaded fittings
Note: If threaded portion of pipe is to be replaced or renewed, it is permissible to replace
threaded end with a short piece of threaded pipe welded to the existing pipe or renewed section.
ADVERTISEMENT FOR BIDS
Sealed bids addressed to the Purchasing Manager and marked "Sealed Bid -Locomotive" will be received
by the City Secretary, 111 N. Powell Parkway, Anna, Texas 75409 until:
9:00 AM, Tuesday, January 8, 2019
for a contractual obligation to be incurred for the acquisition, refurbishing and transportation and setting up
of the following steam locomotive in Anna Sherley Park:
2-6-0 MOGUL STANDARD GAUGE RESTORED STEAM LOCOMOTIVE BUILT BY THE
AMERICAN LOCOMOTIVE COMPANY, CIRCA 1906.
All timely bids will be publicly opened and read aloud in the City Council Chambers at such time and
place, and thereafter referred to the Architect for tabulation and checking. Any bids received after the
specified time will not be accepted and will be returned unopened.
The Work is described in general as:
Loading and Transport to Restoration Work area.
Principle Appearance Restoration Work
In restoring the appearance of the locomotive and tender the auxiliary equipment missing or not consistent
with steam era practice may be replaced with nonfunctioning fabricated parts representative of the original
auxiliaries or currently available stock items (valves, fittings and gauges).
A. Boiler, Jacket, Smokebox and Frame and Running Gear to Boiler Fastenings
1. Boiler will be cleaned and painted after old jacket removed in order to reduce rust forming stain
to other parts. Spacer material may be attached to boiler to support new jacket.
2. The old jacket will be replaced with new paint grip galvanized paintable sheet metal to cover the
boiler from top to just below the level of the running boards with old dome covers to be reused.
3. Any completely deteriorated portion of the smokebox will be replaced with like thickness of steel
with a secondary flange added to facilitate joining smokebox to saddle. Any non-appearance
parts may be deleted to facilitate the work.
4. A matching flange will be added to cylinder saddle for joining to smokebox. Other flex braces
between boiler and frame may be fitted with bolted splice bars to facilitate reassembly.
5. Interim Inspection
B. Frame and Running Gear
1. Disassemble as may be necessary and practical for cleaning and painting.
2. Clean, paint and reassemble
C. Cab, Running Boards, Grab Irons and Handrails
1. Cab floor may be separated from running boards and may be reinforced with steel plate
subfloor.
2. Running boards to be replaced with steel walk plate not exceeding 1/8" nominal thickness.
3. Handrails and grab irons to be repaired if necessary cleaned and painted.
D. Piping, Auxiliary Equipment, Brake Valves, Gauges and Cab Lighting (see note at first)
1. All cab equipment, piping, auxiliary equipment, vales and gauges will be provided to be in
appearance as close to steam era as practical.
2. Replacement bell to be brass steam locomotive bell. Whistle maybe of steel or iron, functional
and appropriate to era.
3. Cab electrical fixtures if required will be for appearance only
E. Tender Tank, Frame, Deck, Running Gear
1. Sides of tender tank repaired to original appearance. No oil tank will accompany tender.
Locomotive Advertisement for Bids
City of Anna, Texas
2. Any rotted wood replaced with standard sized pressure treated pine lumber. Multiple layers
may be employed if dimensions not readily available.
3. All exterior surfaces to be cleaned and painted.
4. Hoses will be renewed with readily available replacements of similar appearance.
F. Fitting of Boiler to Running Gear and Frame
1. Crane would be required to lift and position boiler for fitting to frame and running gear.
2. Cab fitted to boiler in this same process.
3. Any required adjustments made and assembled parts returned to shop for fitting of other parts
and piping.
G. Final Assembly, Inspection, and Disassembly for Loadout
1. All components would be complete and installed to assure final fit to assembled boiler, running
gear and cab.
2. Completed tender would be attached to locomotive and all hoses connected.
3. Pre -transport inspection would be made.
4. Locomotive and tender returned to shop for transport disassembly generally to allow easy
parting of cab, boiler, frame and running gear at loading site.
Off Loading at Display Destination (Sherley Park) and Final Assembly.
The project will be awarded under one Contract.
A deed of ownership shall be provided to City.
Proposed Contract Documents may be examined without charge at the offices of:
CITY SECRETARY
111 N. Powell Parkway
Anna, Texas 75409
Tel. 972-924-3325
In accordance with Texas Gov't Code Sec. 2253.021, the successful bidder will be required to furnish a
performance bond in the amount of 100% of the total contract price in the event that said contract price
exceeds $100,000 and a payment bond in the amount of 100% of the total contract price in the event that
said contract price exceeds $50,000. If the contract price does not exceed these amounts, the respective
statutory bonds will not be required.
It shall be each bidder's responsibility to inspect the site of the work and to become fully informed
regarding all local conditions under which the work for this project is to be done. The City reserves the
right to reject any and all bids.
CITY OF ANNA, TEXAS
Carrie Smith
City Secretary
END OF ADVERTISEMENT FOR BIDS
Locomotive Advertisement for Bids
City of Anna, Texas
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THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Approve a resolution authorizing changes to the CDC bylaws. (Jessica Perkins)
SUMMARY:
The CDC Bylaws have not been amended since 2014. With the addition of an employee and
after a review of day-to-day operations, staff and legal counsel recommend the following edits:
- page 2 Housekeeping item - edited the definition of vacancy for clarity and consistency. The
proposed definition matches the EDC bylaws.
- page 3 Housekeeping item - edited the definition of "notice" for clarity and consistency. The
proposed definition matches the EDC bylaws.
- page 9 Members - change requested by City Council to allow for council member liaisons and
inclusion in executive session of CDC board meetings.
- page 9 Budget - change recommended by staff to reflect the day-to-day operations of the CDC
as a department of the city.
- page 11 and 12 Payments - change recommend by staff to reflect the day-to-day operations of
the CDC as a department of the city.
- page 12 travel expenses - change recommend by staff to reflect approved travel arrangements
on behalf of the operations of the CDC.
- page 15 - change recommended by staff as the language is a duplication.
STAFF RECOMMENDATION:
Staff and the members of the CDC board recommend approval of the proposed bylaw changes.
ATTACHMENTS:
Description Upload Date Type
CDC bylaw amendments - redline 1/15/2019 Backup Material
CC resolution -CDC bylaw amendments 1/15/2019 Resolution
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS
These Bylaws govern the affairs of the Anna Community Development Corporation
(hereinafter referred to as the "Corporation"), a public instrumentality and a non-profit
corporation created under Section 4B of the Development Corporation Act of 1979,
Article 5190.6 of the Revised Civil Statutes of Texas, as amended and recodified
(hereinafter referred to as the "Act").
Article I. PURPOSES AND POWERS
Section 1. Registered Office and Registered Agent.
The Corporation shall have and continuously maintain in the State of Texas a registered
office and a registered agent whose office is identical with such registered office, as
required by law. The Board of Directors of the Corporation (the "Board") may, from time
to time, change the registered agent and/or the address of the registered office,
provided that such change is appropriately reflected in these Bylaws and in the
Certificate of Formation of the Corporation (the "Certificate").
The registered office of the Corporation is located at 111 N. Powell Parkway, Anna,
Texas 75409 and the Corporation's mailing address is Anna Community Development
Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address
is Jessica Perkins.
Section 2. Principal Office.
The principal office of the Corporation in the State of Texas shall be located in the City
of Anna, Texas (the "City") and it may be, but need not be, identical with the registered
office of the Corporation.
Section 3. Purpose.
The Corporation is incorporated as a non-profit corporation for the purpose set forth in
the Certificate, the same to be accomplished on behalf of the City as its duly constituted
authority and instrumentality in accordance with the Texas Development Corporation
Act of 1979, Article 5190.6. Section 4B. Tex. Rev. Civ. Stat. Ann., as amended and
recodified, (the "Act"), other applicable laws, and appropriate resolution adopted by the
City Council of the City on the 27t" day of May, 2003, including all permissible projects
prescribed by the Act, and for maintenance and operating costs of publicly owned and
operated projects.
Further, the Corporation shall be a non-profit corporation as defined by the Internal
Revenue Code 1986, as amended, and the applicable regulations of the United States
Treasury Department and the rulings of the Internal Revenue Service of the United
States prescribed and promulgated thereunder.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 1 of 14
Section 4. Powers.
In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act,
and shall have all of the powers set forth and conferred in Section 4B of the Act, and in
other applicable laws, subject to the limitations prescribed therein and herein and to the
provisions thereof and hereof.
Article II. BOARD OF DIRECTORS
Section 1. Powers, Number and Term of Office.
(a) The property and affairs of the Corporation shall be managed and controlled by
the Board and, subject to the restrictions imposed by law, by the Certificate of
Formation, and by these Bylaws. The Board shall exercise all of the powers of
the Corporation.
(b) The Board shall consist of seven Directors, each of whom shall be appointed by
and serve at the pleasure of the City Council of the City of Anna, Texas (the
"Council"). Each Director shall be a resident of the City of Anna. Three Directors
shall be persons who are not employees, officers, or members of the governing
body of the City. A majority of the entire membership of the Board is a quorum.
The Board shall conduct all meetings within the boundaries of the City. The
Board shall appoint officers as set forth in these Bylaws or that the City Council
considers necessary. The Corporation's registered agent must be an individual
residing within Collin County and the Corporation's registered office must be
within the boundaries of the City.
(c) All board members shall serve terms of two (2) years. A position held by a
board member who also serves on the City Council shall automatically be
vacated if the person holding the position is no longer a member of the council.
Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years;
appointment to Places 2. 4, and 6 shall be made in even numbered years.
Appointments are to be effective as of July 1 of the year in which the
appointment is to be made, except that appointments made to fill a vacancy are
effective immediately upon appointment by the City Council.
(d) Any Director may be removed from office and replaced by the City Council at will
and without cause.
Section 2. Vacancies and Resignations.
(a) .
Vacancies. The Board may make recommendations for the filling of vacancies
to City Council. Any vacancy occurring in the Board of Directors will be filled by
appointment of the City Council.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 2 of 14
(b) Any Director may resign at any time. Such resignation shall be made in writing,
addressed to the City Manager, the Chief Administrative office and/or the City
Secretary, and shall take effect at the time specified therein, or if no time is
specified therein, at the time of its receipt by the City Secretary.
Section 3. Meetings of Directors.
The Directors may hold their meetings at such place or places in the City as the Board
may from time to time determine; provided, however, in the absence of any such
determination by the Board, the meetings shall be held at the principal office of the
Corporation (City Hall) as specified in Article I of these Bylaws.
Section 4. Notice of Meetings.
(a) Regular monthly meetings of the Board shall be held at such times and places as
shall be designated from time to time by the Board, provided, however, that a
meeting need not be held during any given month if there is no business before
the Board to necessitate a meeting. Special Meetings of the Board shall be held
whenever called by the President, by a majority of the Directors, by the City
Manager, by the Chief Administrative Officer, or by a majority of the City Council.
Nothing contained in this Section 4 shall vitiate the notice requirements contained
in Section 6 of this article.
(b) Any member of the Board, officers of the Corporation, or City Manager may have
an item placed on the agenda by delivering the same in writing to the Chief
Administrative Officer no less than seven calendar days prior to the date of the
Board meeting, subject to any additional rules that the Board may adopt by
resolution.
(c) The Chief Administrative Officer shall give notice to each director of each
meeting at least seventy-two (72) hours before the meeting. A notice of a
meeting posted in compliance with the Open Meetings Act shall be deemed
satisfactory notice of such meeting to the directors. Unless otherwise indicated in
the notice thereof, any and all matters pertaining to the purposes of the
Corporation may be considered and acted upon at a meeting, subject to
compliance with the Open Meetings Act. Attendance of a Director at a meeting
shall constitute a waiver of notice of such meeting, except where a Director
attends a meeting for the express purpose of objecting to the transaction of any
business on the grounds that the meeting is not lawfully called or convened.
Neither the business to be transacted on nor the purpose of any Regular or
Special Meeting of the Board need be specified in the notice or waiver of notice
of such meeting, unless required by the Board. A waiver of notice in writing,
signed by the person or persons entitled to said notice, whether before or after
the time stated therein, shall be deemed equivalent to the giving of such notice.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 3 of 14
(d) The Board shall hold its regular and special meetings, in the corporate limits of
the City, at such place or places as the Board may from time to time determine,
and in conformance with the Texas Open Meetings Act.
Section 5. Board Attendance.
Directors must be present in order to vote at any meeting. Regular attendance at the
Board meetings is required of all Directors. In the event that a Director has three (3)
absences within a 12-month period the President, Vice President or Chief
Administrative Officer will contact the Director to seek resolution. In the event
consideration for replacement is indicated, the member will be counseled by the
President, or, if applicable, the Vice President as applicable, and, subsequently, the
President or Vice President shall submit in writing to the City Council that these Bylaws
require the City Council to consider replacement of the Director in question.
Section 6. Open Meetings Act.
All meetings and deliberations of the Board shall be called, convened, held and
conducted, and notice shall be given to the public, in accordance with the Texas Open
Meetings Act Chapter 551, Texas Government Code. Notwithstanding any other
provision of these Bylaws, notice of a Board meeting in compliance with the Open
Meetings Act is deemed to satisfy any requirement to provide a Director with notice of a
Board meeting.
Section 7. Quorum.
A majority of the entire membership of the Board constitutes a quorum for the conduct
of the official business of the Corporation. The act of a majority of the Directors present
at a meeting at which a quorum is in attendance shall constitute the act of the Board
and of the Corporation, unless the act of a greater number is required by law or these
Bylaws. Solely for an agenda item with which one or more Board members has a
conflict of interest, the number of Board members required to be present to constitute a
quorum for the purpose of transacting business is reduced by the number of Board
members who are present but lack authority to vote on that item because of a conflict of
interest.
Section 8. Conduct of Business.
(a) At the meetings of the Board, matters pertaining to the business of the
Corporation shall be considered in accordance with rules of procedure as from
time to time prescribed by the Board. Unless otherwise adopted by the Board,
the rules of procedures of the City Council shall be the rules of procedure for the
Board.
(b) At all meetings of the Board, the President shall preside and, in the absence of
the President, the Vice President shall exercise the powers of the President.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 4 of 14
(c) The Secretary of the Corporation shall act as Secretary of all meetings of the
Board, but in the absence of the Secretary, the presiding officer may appoint any
person to act as Secretary of the meeting. The Secretary shall keep minutes of
the transactions of the Board and committee meeting and shall cause such
official minutes to be recorded in books kept for the purpose in the principal office
of the Corporation.
Section 9. Committees of the Board.
There may be purely advisory standing committees of the Board as the Board from time
to time creates. Each such advisory committee shall be composed of no more than two
Directors and such other persons as may be chosen by the Board for their applicable
abilities and experience. It is provided, however, that all final official actions of the
Corporation may be exercised only by the Board. Each committee so designated shall
keep regular minutes of the transaction of its meetings and shall cause such minutes to
be recorded in books kept for that purpose in the principal office of the Corporation.
Section 10. Compensation of Directors.
Officers who are members of the Board shall not receive any salary or compensation for
their services.
Section 11. Conflict of Interest.
In the event that a Director is aware that he/she has a conflict of interest or potential
conflict of interest, with regard to any particular matter or vote coming before the Board,
the Director shall bring the same to the attention of the Board and shall abstain from
discussion and voting thereon.
Section 12. Implied Duties.
The Board is authorized to do that which the Board deems desirable in compliance with
the Act, subject to City Council approval, to accomplish any of the purposes or duties
set out or alluded to in the Certificate, these Bylaws, and in accordance with State law
and any code of ethics adopted by the City.
Section 13. Board's Relationship with the City.
In accordance with state law, the Board shall be responsible for the proper discharge of
its duties assigned herein. The Board shall determine its policies and directives within
the limitations of the duties herein imposed by applicable laws, the Certificate, these
Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities.
Any request for services made to the departments of the City shall be made by the
Board or its designee in writing to the City Council. The City Council may approve such
request for assistance from the Board when it finds such requested services are
available within the City and that the Board has agreed to reimburse the City for the cost
of such services so provided, as provided by Article III, Section 7 of these Bylaws.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 5 of 14
Article III. OFFICERS
Section 1. Titles and Term of Office.
(a) The officers of the Corporation shall be a President, a Vice President, a
Secretary, a Treasurer, a Chief Administrative Officer and such other officers as
the Board may from time to time elect or appoint. One person may hold more
than one office, except that the President shall not hold the office of Secretary.
Terms of office shall be one year with the right of an officer to be reelected.
(b) All officers shall be subject to removal from office at any time by a vote of a
majority of the entire Board.
(c) A vacancy in the office of any officer shall be filled by a vote of a majority of the
Directors.
Section 2. Powers and Duties of the President.
The President shall be the presiding officer of the Board with the following authority:
(a) shall preside over all meetings of the Board.
(b) shall have the right to vote on all matters coming before the Board.
(c) shall have the authority, upon notice to the members of the Board, to call a
special meeting of the Board when, in his/her judgment, such meeting is
required.
(d) shall have the authority to appoint standing committees to aid and assist the
Board in its business efforts or on other matters incidental to the operation and
functions of the Board.
(e) shall have the authority to appoint ad hoc committees which may address issues
of a temporary nature of concern or which have a temporary affect on the
business of the Board.
In addition to the above -mentioned duties, the President shall sign, along with the
Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments
which the Board has approved, unless the execution of said document has been
expressly delegated to some other officer or agent of the Corporation by appropriate
Board resolution, by a specific provision of these Bylaws, or by statute. In general, the
President shall perform all duties incident to the office and such other duties as shall be
prescribed from time to time by the Board.
Section 3. Vice President.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 6 of 14
The Vice President shall exercise the powers of the President during that officer's
absence or inability to act. The Vice President shall also perform other duties as from
time to time may be assigned by the President of the Board.
Section 4. Secretary.
The Secretary, or other person or entity designated by the Board, shall keep, or cause
to be kept, at the registered office, a record of the minutes of all meetings of the Board
and of any committees of the Board. The Secretary shall also file a copy of said minutes
with the City, and same is to be given in accordance with the provisions of these
Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other
applicable law. The Secretary shall sign, along with the President of the Board, any
deed, mortgage, bonds, contracts or other instruments which the Board has approved.
Section 5. Treasurer.
The Treasurer, or other person or entity designated by the Board, shall have charge and
custody of and be responsible for all funds and securities of the Corporation; shall
receive and give receipt for money due and payable to the Corporation from any source
whatsoever, and shall deposit all such monies in the name of the Corporation in such
bank, trust corporation, and or other depositories as shall be specified in accordance
with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity
designated by the Board, shall, in general, perform all duties incident to that office, and
such other duties as from time to time may be assigned by the President of the Board.
Section 5.A. Chief Administrative Officer
The Chief Administrative Officer shall be nominated by the City Manager and appointed
by the Board to fill those duties and responsibilities as the Board may set forth by
Resolution.
Section 6. Employees.
The Corporation may employ such full or part-time employees as needed to carry out
the programs of the Corporation. These employees shall perform those duties as are
assigned to them by the Board. The Board shall hire, direct and control the work of all
Corporation employees.
Section 7. Contract for Service.
(a) The Corporation may, with approval of the City Council, contract with any
qualified and appropriate person, association, corporation, or governmental entity
to perform and discharge designated tasks which will aid or assist the Board in
the performance of its duties. However, no such contract shall ever be approved
or entered into which seeks or attempts to divest the Board of its discretion and
policy -making functions in discharging the duties hereinabove set forth in this
Section.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 14
(b) Subject to the authority of the City Council and the City Manager under the
Charter of the City, the Corporation may request to utilize the services of the staff
and employees of the City, provided:
(1) that the City Council approves of the utilization of such services;
(2) that the Corporation shall pay, as approved by the City Council,
reasonable compensation to the City; and
(3) the performance of such services does not materially interfere with the
other duties of such personnel of the City.
(c) Utilization of the aforesaid City staff shall be solely by contract approved by the
City Council.
Article IV. EX-OFFICIO MEMBERS
Section 1. Ex-Officio Members.
The Mayor and City Manager or their respective designees, and any City Council
member or other appropriate person or entity designated by the Board may attend all
meetings of the Board or committees, including but not limited to executive or closed
meetings, but shall not have the power to vote in the meetings unless such Council
member is also a member of the Board. Their attendance shall be for the purpose of
insuring that information about the meetings is accurately recorded and communicated
to the City Council as may be appropriate and necessary.
Article V. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS
Section 1. Annual Corporation Budget.
At least 60 days prior to the commencement of each fiscal year of the Corporation, the
Board shall adopt a proposed budget of expected revenues and proposed expenditures
for the next ensuing fiscal year. The budget shall contain such classifications and shall
be in such form as may be prescribed from time to time by the City Manager for
inclusion with the annual budget of the City and submitted to the City Council. The
budget shall not be effective until the same has been approved by the City Council.
The annual budget shall be adopted at the fund level and amendments within the fund
can be made and approved by the Chief Administrative Officer. Any amendments that
would result in an increase of total adopted expenditures shall be approved by the
board and city council.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 8 of 14
Section 2. Books, Records, Audits.
(a) The Corporation shall keep and properly maintain, in accordance with generally
accepted accounting principles, complete books, records, accounts, and financial
statements pertaining to its corporate funds, activities and affairs.
(b) At the direction of the City Council, the, books, records, accounts and financial
statements of the Corporation may be maintained for the Corporation by the City
Manager or the City Manager's designee.
(c) The Corporation shall cause its books, records, accounts and financial
statements to be audited at least once each fiscal year by an outside,
independent auditing and accounting firm selected by the City. Such audit shall
be at the expense of the Corporation. Audit copies are to be filed with the City.
(d) All books, records, accounts, and financial statements shall be kept and
administered in accordance with the Texas Public Information Act, Chapter 552,
Texas Government Code, as amended. Any member of the City Council, Mayor,
City Manager, or Director or officer of the Corporation may inspect and receive
copies of all books, and records of the Corporation.
Section 3. Deposit and Investment of Corporate Funds.
(a) All proceeds from the issuance of bonds, notes or other debt instruments
("Obligations") issued by the Corporation shall be deposited and invested as
provided in the resolution, order, indenture or other documents authorizing or
relating to their issuance.
(b) All other monies of the Corporation shall be handled pursuant to the guidelines
established by City policy or by the City Manager and shall be deposited,
secured and/or invested in the manner provided for the deposit, security and for
investment of the public funds of the City. The Board shall designate the
accounts and depositories to be created and designated for such purposes of the
Corporation upon the signature of its President and the Secretary and such other
persons as the Board shall designate. The accounts, reconciliation and
investment of such funds and accounts will be performed by the Corporation.
Section 4. Expenditures of Corporate Money.
(a) The monies of the Corporation, including sales and use taxes collected pursuant
to the Act, the proceeds from the investment of the funds of the Corporation, the
proceeds from the sale of property, monies derived from the repayment of loans,
rents received from the lease or use of property, the proceeds derived from the
sale of bonds, and other proceeds may be expended by the Corporation for any
of the purposes authorized by the Act, subject to the following limitations:
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 14
(1) expenditures from the proceeds of bonds shall be identified and
described in the orders, resolutions, indentures, or other agreements
submitted to and approved by the City Council;
(2) expenditures that may be made from a fund created from the proceeds
of bonds, and expenditures of monies derived from sources other than
the proceeds of bonds may be used for the purposes of financing or
otherwise providing one or more projects, as defined in the Act; and
(3) all other proposed expenditures shall be made in accordance with and
shall be set forth in the annual budget required by these Bylaws or in
contracts meeting the requirements of this Article, as approved by the
City Council.
(b) No bonds, including refunding bonds, shall be authorized or sold and delivered
by the Corporation without the approval of the City Council.
(c) All purchases above $50,000 must be purchased under formal competitive
sealed bidding rules or as otherwise permitted by Texas Local Government
Code, Chapters 252 and 271 or other applicable law. No bid process shall begin
until approved by the Board.
Section 5. Contracts.
As provided in Section 4 above, the President and Secretary shall execute any
contracts or other instruments which the Board has approved and authorized to be
executed, provided, however, that the Board may, by appropriate resolution, authorize
any other officer(s) or any other agent(s) to enter into a contract or execute and deliver
any instrument in the name and on behalf of the Corporation. Such authority may be
confined to specific instances or defined in general terms. When appropriate, the Board
may grant a specific or general power of attorney to carry out action on behalf of the
Board, provided, however, that no such power of attorney may be granted unless an
appropriate resolution of the Board authorizes the same to be done.
Section 6. Fiscal Year.
The fiscal year of the Corporation shall begin on October 1 and end on September 30 of
the following year.
Section 7. Checks, Drafts and other Payments.
(a) All checks, drafts or orders for the payment of money, notes or other
evidences of indebtedness issued in the name of the Corporation shall be
signed or approved by at least two of the following officers: the President, the
City Manager (or a person designated by the City Manager), or the Chief
Administrative Officer.
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 10 of 14
(b) Only the Chief Administrative Officer the City Manager (or a person
designated by the City Manager) are authorized to consummate transactions
or make purchases at the point of sale on behalf of the Corporation and
purchases must be approved for Corporation business.
(c) This subsection shall apply with regard to purchases and contracts not in
excess of $50,000, and for which formal competitive bidding procedures are
not required. The Corporation will vote to authorize purchases and enter into
contracts that do not exceed $50,000. All purchases between $5,000
$50,000 shall require at least three written bids/estimates if the purchase is
not from a sole -source vendor. All purchases between $500 and $5,000 will
be approved by the Corporation board. Purchases less than $500 can be
approved by the Corporation President and the Chief Administrative Officer
without approval of the Corporation board, but a reasonable effort will be
made to seek approval from the board first. Only the Chief Administrative
Officer is authorized to consummate transactions or make purchases at the
point of sale on behalf of the Corporation, and any checks, drafts, orders for
the payment of money, notes or other evidences of indebtedness must be
signed in accordance with subsection (a) of this section before the Chief
Administrative Officer may make such purchases. If the Chief Administrator
Officer is not available to make a necessary purchase, the purchase may be
made by the City Manager or the written designee of the City Manager.
(d) Expenses for Director and Officer travel, meals, or similar expenses must be
necessary to the Corporation's business, the details of which shall be
approved in advance by the Chief Administrative Officer, reasonable and
customary costs based on per diem rates of the U. S. General Services
Administration and the following limits: reasonable travel/transportation,
lodging, seminar registration, meals, parking, highway tolls, car rental, and
other Corporate business expenses approved by the Chief Administrative
Officer. Further, such expenses shall be reimbursed only for necessary and
reasonable actual costs as verified by expense receipts that clearly show the
date of purchase, vendor, location of vendor, and explanation and itemization
of expenses by price. The Chief Administrative Officer is authorized to
require expense reports that require additional details regarding expenses.
The following expenditures are not reimbursable expenses unless specifically
authorized by Board vote: alcoholic beverages, personal employee or family
expenses, sports and entertainment fees, donations, contributions,
memberships, and any other expenditure not reasonably related to and
necessary for the efficient conduct of City business. First class
accommodations on public carriers shall not be authorized unless lesser
fares are not available on required trips. The Chief Administrative Officer
must be so notified and approve the additional expense.
(e) At the discretion of the Chief Administrative Officer, funds may be advanced
for anticipated travel expenses. Actual cost must be verified after the travel
by expense receipts as required in subsection (d) of this section. Allowable
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 11 of 14
expenses exceeding the advance shall be reimbursed by the Corporation
and advances exceeding the documented receipts shall be refunded to the
Corporation. Receipts must be obtained for advance -funded expenses and
said receipts must be delivered to the Chief Administrative Officer within 10
days of obtaining said receipts.
(f) When approved in advance by the Chief Administrative Officer, as
appropriate, members shall be paid mileage for use of personal vehicles on
Corporation business at the standard mileage rate as set by the Internal
Revenue Service annually. Corporation members must provide mileage
totals to and from the event. Corporation members must provide evidence of
liability and property damage insurance prior to such use.
Section 8. Contributions.
The Board may accept on behalf of the Corporation any contributions, grant or bequest
to be used for the general purposes of or for any special purpose of the Corporation.
Funds that may be used for special purposes shall include all funds from government
grants or contracts and contributions designated by a donor for special purposes. All
other funds shall be general funds.
Article VI. MISCELLANEOUS PROVISIONS
Section 1. Seal.
The Board may obtain a corporate seal which bears the words "Corporate Seal of the
Anna Community Development Corporation" and the Board may thereafter use the
corporate seal and corporate name; but these Bylaws shall not be construed to require
the use of the corporate seal.
Section 2. Approval or Advice and Consent of the City Council.
To the extent that these Bylaws refer to any action, approval, advice, or consent by the
City or refer to action, approval, advice or consent by the City Council, such action,
approval, advice or consent shall be evidenced by an approved motion, resolution or
ordinance passed by the City Council and reflected in the minutes of the City Council.
Section 3. Indemnification of Directors, Officers and Employees.
(a) As provided in the Act and in the Certificate, the Corporation is, for the purposes
of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices
and Remedies Code), a governmental unit and its actions are governmental
functions.
(b) The Corporation shall indemnify each and every member of the Board, its officers
and its employees, and each member of the City Council and each employee of
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 12 of 14
the City, to the fullest extent permitted by law against any and all liability or
expense, including attorney fees, incurred by any of such persons by reason of
any actions or omissions that may arise out of the functions and activities of the
Corporation. This indemnity shall apply even if one or more of those to be
indemnified was negligent or caused or contributed to cause any loss, claim,
action or suit. Specifically, it is the intent of these Bylaws and the Corporation to
require the Corporation to indemnify those named for indemnification, even for
the consequences of the negligence of those to be indemnified, which caused or
contributed to cause any liability. Indemnification and other protections provided
by this subsection do not include indemnification for acts constituting gross
negligence, reckless conduct, or criminal behavior. Nothing in this section
creates any duty to indemnify or otherwise protect any person or entity
performing work or otherwise acting as an independent contractor.
(c) The Corporation must purchase and maintain insurance on behalf of any
Director, officer, employee, or agent of the Corporation, or on behalf of any
person serving at the request of the Corporation as a Board member, officer,
employee, or agent of another corporation, partnership, joint venture, trust, or
other enterprise, against any liability asserted against that person in any such
capacity or arising out of such status with regard to the Corporation, whether or
not the Corporation has the power to indemnify that person against liability for
any of those acts.
Section 4. Code of Ethics.
The Corporation's Board of Directors, and its officers, employees, and agents shall
abide by and be subject to all ethical rules, requirements, and restrictions applicable to
members of the City Council under federal, state or local law, including but not limited to
the City's Home -Rule Charter and Code of Ethics, as amended. All such ethical rules,
requirements, and restrictions shall be applicable to independent contractors of the
Corporation in all dealings with the Corporation and with regard to all work performed
for or at the direction of the Corporation. However, this section is not intended to nor
shall it be interpreted to change the relationship between the Corporation and an
independent contractor from that of independent corporation to employee.
Section 5. Legal Construction. If any Bylaw provision is held to be invalid, Illegal or
unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect
any other provision and the Bylaws shall be construed as if the invalid, illegal or
unenforceable provision had not been included in the Bylaws.
Article VII. EFFECTIVE DATE, AMENDMENTS
Section 1. Amendments to Bylaws.
These Bylaws may be amended or repealed and new Bylaws may be adopted by an
affirmative vote of four of the authorized Directors serving on the Board, subject to the
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 13 of 14
approval of the City Council. The City Council may amend these Bylaws at any time.
Such amendments made by the City Council will be duly passed and adopted by
approved motion, resolution or ordinance duly reflected in the minutes of the City
Council and, thereafter, duly noted to the Board.
Section 2. Dissolution of the Corporation.
Upon dissolution of the Corporation, titles to or other interest in any real or personal
property owned by the Corporation at such time shall vest in the City.
Section 3. Effective Date.
These Bylaws, having been adopted by resolution of the Corporation and shall be
effective upon approval by the City Council.
APPROVED AND ADOPTED by the Anna Community Development Corporation
by resolution on the day of )2019.
ANNA CDC PRESIDENT
ATTEST:
ANNA CDC SECRETARY
ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 14 of 14
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING
THE ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS AS APPROVED AND
ADOPTED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION ON JANUARY
3, 2019
WHEREAS, the City Council of the City of Anna, Texas ("the City Council") recognizes that
on January 3, 2019 the Anna Community Development Corporation ("CDC') passed a
resolution adopting amendments to the Anna Community Development Corporation Bylaws;
and
WHEREAS, the City Council has determined that said Bylaws should be approved;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. CDC Bylaws approved.
The City Council hereby approves the Anna Community Development Corporation Bylaws as
amended by the CDC on January 3, 2019 and as attached hereto as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna this day of
)2019.
APPROVED:
ATTEST:
Nate Pike, Mayor Carrie L. Smith, City Secretary
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
THE CITY OF
Anna
AGENDA ITEM:
Review Quarterly Investment Report (Dana Thornhill)
SUMMARY:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
In accordance with the Public Funds Investment Act, the City of Anna is required to submit a
quarterly report on the investment of all Public Funds held by the City. The report includes the
following:
• Review of the City's holdings
• Comparison of book vs. market value
• Allocation information
• Other information related to the PFIA
STAFF RECOMMENDATION:
No action by the City Council is required.
ATTACHMENTS:
Description Upload Date Type
Quarterly Investment Report for the Quarter Ending 1 /18/2019 Staff Report
December 31, 2018
THE CITY OF
manna
QUARTERLY INVESTMENT REPORT
For the Quarter Ended
December 31I 2018
The investme ortfolio of the City of Anna is in compliance with the Public Funds Investment Act and the
Investrlpnt olicy nd Strategies.
n
Finance Director
Accountant II
Summary
Investment Report
October 1, 2018 to December 31, 2018
Quarter End Results by Investment Category:
Asset Type Ave. Yield
Bank DDA 1.84%
Money Market 2.45%
Texpool 2.21 %
CDs 2.72%
Totals
Current Quarter Average Yield
Total Portfolio 2.25%
December 31, 2018
September 30, 2018
Book Value
Market Value
Book Value
Market Value
$
10,1721014
$
10,172,014
$
72828,988
$
7,828,988
$
7,0261022
$
7,026,022
$
$
$
29,8021778
$
291802,778
$
40,115,680
$
40,115,680
$
8,8011774
$
8,801,774
$
42753,305
$
42753,305
$
559802,588
$
55,8025588
$
52,6975973
$
52,697,973
Quarterly Interest Income $274,147
Year-to-date Interest Income $274,147
Fiscal Year -to -Date Average Yield
Total Portfolio
2.25%
Investment Report
October 1, 2018 to December 31, 2018
Summary of Total Investment Book Value by Fund Group
12131/18
General Fund
$ 6,5051998
Debt Service Funds
1,504,848
General Capital
Projects Non Bond
22165,436
General Capital
Projects Bond
31,8051802
Special Revenue
Funds
21407,290
Water & Sewer
Fund
41607,505
Utilities Funds -
Restricted
55879,470
EDC
2122074
CDC
714,165
TOTAL
$ 56,802,688
9130118
$ 51344,501
727,045
765,280
31, 793,970
2,270F239
5,6935183
5,3475660
2115125
5443970
$ 52,597,973
Investment Holdings
Investment Report
October 1, 2018 to December 31, 2018
Maturity
Purchase
December
31.
2018
September
30.
2018
Qtr to Qtr
Description
Yield
Date
Date
Book Value
Market Value
Book Value
Market Value
Change
Independent Bank
1.84%
1/1/2019
$
1021722014
$
102172,014
$
72828,988
$
798283988
$
21343,026
Landmark Bank
2.45%
1/1/2019
$
72026,022
$
750262022
$
$
$
71026,022
TexPool
2.21
%
1/1/2019
$
29,802,778
$
299802,778
$
405115,680
$
40,115,680
$
(10,312,901)
Legacy Texas CD #6092
2.45%
3/20/2019
9/20/2018
$
2,0131559
$
21013,559
$
22001,326
$
21001,326
$
12,233
Landmark Bank CD #8451
2.53%
5/7/2019
11/7/2018
$
5015872
$
501,872
$
$
$
501,872
American Nat'l Bank CD
#1729
2.55%
6/20/2019
9/20/2018
$
21014,112
$
21014,112
$
21001,386
$
21001,386
$
122726
American Nat'l Bank CD
#2891
2.64%
8/1/2019
11/1/2018
$
502,170
$
502,170
$
$
$
502,170
American Nat'l Bank CD
#1737
2.66%
9/19/2019
9/19/2018
$
251,858
$
251,858
$
250,198
$
250,198
$
11660
American Nat'l Bank CD
#2883
2.84%
11/1/2019
11/1/2018
$
21009,337
$
21009,337
$
$
-
$
2,0095337
American Nat'l Bank CD
#1745
2,86%
3/20/2020
9/20/2018
$
251,978
$
251,978
$
250,194
$
250,194
$
11784
American Nat'l Bank CD
#2875
2.94%
5/1/2020
11/1/2018
$
1,004,833
$
120042833
$
$
$
11004,833
Legacy Texas CD #6094
2,97%
9/21/2020
9/20/2018
$
252,055
$
252,055
$
250,201
$
2502201
$
11854
TOTAL
$
$
55,802,588
$
56v8029588
62,697,973
$
52,6971973
$
3,104,615
Portfolio Comparison
Money Marlret Bani<
■Bank ■CD �t Vools Money Market
Total Portfolio
60,000,000
60,000,000
40,000,000
30,000,000
20,000,000
10,000,000 01
I I I
c r n p cDe16 Ma-17 Ju17 Se17 De17 Ma18 Ju18 Se18 De
Total Portfolio Performance
0
Dec-16 Mar-17 lun-17 Sep-17 Dec-17 Mar-18 lun-18 Sep-18 Dec-18
Texpool —Weighted Average Yield
18
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Approve a Resolution authorizing the City Manager to solicit competitive sealed proposals for the
Hackberry Elevated Storage Tank Lighting Project. (Joseph Johnson)
SUMMARY:
The Hackberry Elevated Storage Tank (EST) Lighting Project is located near the northeast corner
of US 75 and FM 455. The project, if constructed, would provide illumination of the City of Anna
logos to be installed on the Hackberry EST. The lighting system was previously fully designed and
bid as an additive alternate in the Hackberry EST Project, but was not awarded as part of the
project.
At a recent Council meeting, the Council expressed interest in completing the lighting portion of
the project.
The project construction cost is expected to be $100,000 with the total project cost at $115,000.
That being said, previous bids ranged from $54,100 to $130,000 so there is potential for a
competitive bidding environment.
Funding is available for the project in the Water & Sewer Capital Project Non -Bond Fund, said
funds being assigned for this purpose.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution authorizing the City Manager to solicit competitive
sealed proposals for the Hackberry Elevated Storage Tank Lighting Project.
Ijif_Ta:l►vil=11 il,kI&V
Description Upload Date Type
Resolution 1/15/2019 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER
TO SOLICIT COMPETITIVE SEALED PROPOSALS FOR THE HACKBERRY ELEVATED
STORAGE TANK LIGHTING PROJECT.
WHEREAS, the Hackberry Elevated Storage Tank (EST) Lighting Project (the "Project") will
provide illumination of the City of Anna logos to be installed on the Hackberry EST which is
located near the northeast corner of US 75 and FM 455; and,
WHEREAS, the City Council of the City of Anna, Texas (the City Council) has expressed
interest in constructing the Project; and,
WHEREAS, the construction cost for the Project is approximately $100,000 with the total
Project cost estimated to be $115,000; and,
WHEREAS, the Project will be funded using the Water & Sewer Capital Project Non -Bond
Fund, said funds being assigned for this purpose; and,
WHEREAS, the City Council desires to authorize the City Manager to solicit competitive
sealed proposals for the Project;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City Manager to solicit competitive sealed proposals
for the Hackberry Elevated Storage Tank Lighting Project. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to solicit said
proposals.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day
of January 2019.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RESOLUTION NO. PAGE 1 OF 1
Authorization to Bid Hackberry EST Lighting Project
THE CITY OF
Anna
AGENDAITEM:
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 1/22/2019
A.) Public Hearing on an Ordinance amending the Subdivision Ordinance, the Sign Ordinance and the Landscape Ordinance
B.) Consider/Discuss/Action on an Ordinance amending the Subdivision Ordinance, the Sign Ordinance and the Landscape Ordinance (Maurice Schwanke)
SUMMARY -
The City Council of the City of Anna, Texas adopted a resolution on January 23rd, 2018 to create the Neighborhood Design Advisory Committee. The members for the
Neighborhood Design Advisory Committee were later appointed by the City Council at the February 27th, 2018 City Council meeting. The Neighborhood Design Advisory
Committee has been meeting once a month to discuss the City of Anna's standards moving forward for future subdivisions. Each item below was voted upon and passed by
the majority of members at each meeting and passed again in its entirety in the final meeting before submittal.
The following items will be considered standard for every new, residential subdivision in addition to and amending the current subdivision standards.
1. Block lengths of a maximum of 1200 feet.
2. The width of residential sidewalks within the subdivision shall be a minimum of five (5) feet.
3. There will be a minimum of 15 feet of green space for border treatments adjacent to major thoroughfares.
4. One large tree will be required every 40 feet along major thoroughfares.
5. All subdivisions will designate a primary entrance which must meet the base requirements in addition to meeting the required 20 point total from the list of
approved, additional point features.
6. The primary entrance for a subdivision must have a divided entryway and have a minimum entryway length of one typical, residential lot size from the
community. I n terms of subdivisions with a range of lot sizes, the median typical lot size will be required.
7. Primary subdivision entrances are prohibited from terminating at a "T-intersection' unless it terminates on an approved option from Table A seen below, or on
the base requirement of green space equal to one typical (or median) residential lot. It is prohibited for the T-intersection to terminate on a residential house.
8. Secondary subdivision entrances are required to have subdivision signage.
9. An additional 15 pointtotal must be met by adding upgraded secondary entrance features or features within the subdivision found in Table C.
10. A minimum of five (5) parking spaces will be required at major, neighborhood focal points (such as but not limited to pools, amenity centers, parks, and
playgrounds). If the major features are adjacentto each other, they can share a parking lot with a minimum of eight (8) parking spaces instead of ten (10).
11. All subdivisions shall have a 40 percent curvilinear nature. For a street to be considered as a curve, the following criteria shall be met.
a. 200' centerline radius must have an arc length of 200' long.
b. For larger centerlines, the arc length shall increase by 70' for every 100' increase in centerline radius or fraction thereof. (example-1,000' radius = 760'
arc length)
*See Exhibit 'A"for reference
*All items in the reference tables are subject to the discretion and approval of the Planning and Development Director.
The following table shows the additional T-intersection options and their point total that may be applied to the 20 point overall total for the primary subdivision entrance
requirements.
Table A- Primary Entrance Termination Options
Additional Green Space at the Entry
2/2 lot= 2 points 1 full lot= 4 points
Amenity Center
5 points Max
*Minimum of 3,000 sq ft -Points for the amenity center maybe counted for at the terminal vista or within the subdivision, but not both.
*3 points base with 1 point per additional 1,000 sq ft
Round -a -bout with Landscaping
2 points
*Must match the primary entrance landscaping and maintained by the HOA
Water feature
3 points
*Must be lit at night with a minimum of 15' wide and 8' tall
Gazebo
1 point
Boulevard with Enhanced Landscaping with Seasonal Color
1 point
*Maintained by the HOA
Sculpture or other Artistry
Up t0 2 points
*Must be lit at night
The remaining points for the 20 point overall total for the primary subdivision entry requirements are referenced in Table B below.
Table B- Additional Main Entry Point Options
Water Feature
1 point
Significant Floral Focal Point
2 points
*Maintained by the HOA
Any Structure Integrated as Subdivision Identification that Exceeds 15' in Height
3 points
Art or Sculptures
1 point
*Minimum height of 8'
Landscaping in Median for the Divided Entry
2 points
*Maintained by the HOA
For every 5' Increase in Width Past the Required 15' Landscape Buffer
1 point
*5 point Max
Incro—el N—hor of I nroo Trooc fnr r i ruiiinpar Mria-1kc
7 n.int.
Additional Landscaping Above and Beyond the Requirements
2 points
*Must be annual and increased quality.
*Additional upgrades per the discretion of the Planning and Development Director
*Please Reference Exhibit "B" for an example of what options from Table A and B may look like.
In addition to the 20 point total for the primary subdivision requirements, an additional 15 points must be accumulated by upgraded secondary entrance features and/or
additional and ungraded fPnturec to the cuhdivicinn found in Tahle C. helnw_
Table C- Secondary Entrance and Interior Subdivision Features
Divided Secondary Entry 1
1 point
Roundabout at the Secondary Entrance
1 point
Addition and Maintenance of Seasonal Landscaping at the Secondary Entrance
1 point
*Maintained by the HOA and must correspond with the main entry and neighborhood landscaping
Extended Secondary Entry Length
1 point
*Minimum of lot length. No additional points for additional length past the minimum.
Additional Landscaping throughout the Length of the Extended Drive
1 point
*Maintained by the HOA and must correspond with the main entry and neighborhood landscaping
Open Space at the Terminus of Secondary Entrance
1/2 lot= 1 point 1 full lot= 2 points
2 point Max
Internal Parking Spaces
2 points
*5 additional parking spots at major, neighborhood focal points
Upgraded Pools and Amenity Centers
2 points
*Per the discretion of the Planning and Development Director
Splash Pad
3 points
*Min of 3 fixtures per 1,000 sq ft and maintained by the HOA
1 point for every additional 1,000 sq ft & 3 fixtures
Dog Park
8 points
*Min of 3 acres and maintained by the HOA
1 point for every additional acre, 5 acre max
For every 1000 ft of Walking Trail
2 points
*Min of 8 ft wide with one bench and trash can per 1000 ft. Trash to be maintained by the HOA
Additional Bench & Trash Can in Common Areas
1 point
*To be maintained by the HOA
Amenity Center
5 points Max
*Minimum of 3,000 sq ft. -Points for the amenity center may be counted for at the terminal vista or within the subdivision, but not both.
*3 points base with 1 point per additional 1,000 sq ft
Exhibit "A"
700' CENTERLINE RADIUS wrTN 200' ARC LENGTH
1.01V CENTERLINE RADIUS WITH767' ARC LENGTH
Curvilinear Street
Centerline Radius
Exhibit "B"
REQUIRED 20 POINTS
STAFF RECOMMENDATION:
Approve the proposed Ordinance Revisions.
ATTACHMENTS:
Description Upload Date Type
Ordinance 1/16/2019 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III -A (SUBDIVISION REGULATIONS),
PART III-D (SIGN REGULATIONS), AND PART III-E (LANDSCAPE REGULATIONS);
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has previously adopted
standards, requirements, and procedures for and otherwise governing the subdivision of land,
signage, and landscaping that is codified in Part III -A (Subdivision Regulations), Part III-D (Sign
Regulations), and Part III-E (Landscape Regulations) of The Anna City Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part III -A
(Subdivision Regulations) of the Anna City Code of Ordinances is hereby amended as follows:
Article 3 Section 1.03(d)
(2) Points of Access Defined and Related Requirements. "Two points of vehicular access"
shall be construed to mean that the Subdivision has at least two improved Street entrances
accessing the Subdivision from the City's improved Thoroughfare system.
(i) For nonresidential Subdivisions, cross access provided through an existing or
future adjacent Lot may count as one entrance if approved by the Planning
Director.
(ii) The Planning & Zoning Commission and the City Council may, at their
discretion and upon a finding that such will not compromise public safety or impede
emergency access, accept a single, median -divided entrance from the City's
improved Thoroughfare system provided that the median extends into the
Subdivision for an unbroken length of at least 100 feet to an intersecting internal
Street which provides at least two routes to the interior of the Subdivision. For
example, the entrance Street is not a dead-end or Cul-De-Sac, and it does not
create a "bottleneck" allowing only one emergency route into the interior of the
Subdivision. Residential Lots may not front onto any median -divided arterials, and
residential driveways may not be located in front of a median.
(iii) All subdivisions will designate a primary entrance which must meet the base
requirements listed below in addition to meeting a required 20-point total from the
list of approved, additional point features located in Table 2 and Table 3 of Article
9. (See Diagram B for examples)
1. The primary entrance for a subdivision must have a divided entryway and
have a minimum entryway length of one typical, residential lot depth from
the community. In terms of subdivisions with a range of lot sizes, the
median, typical lot depth will be required.
2. Primary subdivision entrances are prohibited from terminating at a "T-
intersection" unless it terminates on an approved option from Table 2 in
Article 9, or on the base requirement of preen space equal to one typical
(or median) residential lot. It is prohibited for the T-intersection to terminate
into a residential home lot.
Ov) Secondary subdivision entrances are required to have subdivision signage. An
additional 15-point total must be met by adding upgraded secondary entrance
features or features within the subdivision found in Table 4 of Article 9.
Article 3 Section 1.06
(d) At least �g 40% of the total centerline length of all Streets (including collector Streets)
within a residential Subdivision containing 30 Lots or more — or within each phase of a
residential Subdivision, unless otherwise approved by City to apply to the Subdivision in
its entirety rather than each individual phase — shall be curvilinear in design except the
minimum centerline radius for residential Streets shall be 150 feet. Calculations shall be
submitted with the Preliminary Plat Application, thereby verifying that this requirement is
being met. To be considered curvilinear in design, a 200' centerline radius must have an
arc length of 200'. For larger centerlines, the arc length shall increase by 70' for every 100'
increase in centerline radius or fraction thereof. (i.e. 1,000' radius= 760' arc length)
Reference Diagram C in Article 9.
Article 3 Section 1.15
The maximum length of any block or Street segment, including a looped Street, shall be
800 1,200 feet and the minimum length of any block or Street segment shall be 400 feet,
as measured along the Street centerline and between the point(s) of intersection with other
through Streets. A Cul-De-Sac or Dead -End Street shall not be considered a through
Street. The Block Length is not measured along the side of a block that does not include
the front of any Lot.
Article 3 Section 6.01
STREET TYPE
SIDEWALK WIDTH
Arterial
5 feet
Divided and Undivided Collector
5 feet
Neighborhood Collector
5 feet
Local Residential
4 feet 5 feet
Article 4 Section 1.01
(a) The Applicant shall give consideration to suitable and adequate sites for schools, parks,
playgrounds, and other areas for public use or service so as to conform with the
recommendations contained in the City's Comprehensive Plan, including the Park Master
Plan, and other applicable plans. Any provision for parks or other public facilities shall
require approval by the City Council.
(b) A minimum of five (5) parking spaces will be required at major, neighborhood focal
points that are for public use (such as but not limited to pools, amenity centers, parks,
and playgrounds). If the manor features are adjacent to each other, they can share a
parking lot with a minimum of eight (8) parking spaces instead of ten (10).
Article 9
TABLE 2.
Primary Entrance Termination Options
Additional Green Space at the Entry
1/2 lot= 2 points 1 full lot= 4 points
Amenity Center
5 points Max
*Minimum of 3,000 sq ft - Points for the amenity center may be counted for at the
*3 points base with 1 point per
terminal vista or within the subdivision, but not both.
additional 1,000 sq ft
Round -a -bout with Landscaping
2 points
*Must match the primary entrance landscaping and maintained by the HOA
Water feature
3 points
*Must be lit at night with a minimum of 15' wide and 8' tall
Gazebo
1 point
Boulevard with Enhanced Landscaping with Seasonal Color
1 point
*Maintained by the HOA
Sculpture or other Artistry
up to 2 points
*Must be lit at night
*All items are subject to the discretion and approval of the Planning Director.
TABLE 3.
Additional Main Entry Point Options
Water Feature
1 point
Significant Floral Focal Point
2 points
*Maintained by the HOA
Any Structure Integrated as Subdivision Identification that Exceeds 15' in Height
3 points
Art or Sculptures
1 point
*Minimum height of 8'
Landscaping in Median for the Divided Entry
2 points
*Maintained by the HOA
For every 5' Increase in Width Past the Required 15' Landscape Buffer
1 point
*5-point Max
Increased Number of Large Trees for Curvilinear Sidewalks
2 points
Additional Landscaping Above and Beyond the Requirements
2 points
*Must be annual and increased quality.
*Additional upgrades per the discretion of the Planning and Development Director
*All items are subject to the discretion and approval of the Planning Director.
TABLE 4.
Secondary Entrance and Interior Subdivision Features
Divided Secondary Entry
1 point
Roundabout at the Secondary Entrance
1 point
Addition and Maintenance of Seasonal Landscaping at the Secondary Entrance
*Maintained by the HOA and must correspond with the main entry and neighborhood
1 point
landscaping
Extended Secondary Entry Length
1 point
*Minimum of %2 lot length. No additional points for additional length past the minimum.
Additional Landscaping throughout the Length of the Extended Drive
*Maintained by the HOA and must correspond with the main entry and neighborhood
1 point
landscaping
1/2 lot= 1 point 1 full lot= 2
Open Space at the Terminus of Secondary Entrance
points
2-point Max
Internal Parking Spaces
2 points
*5 additional parking spots at major, neighborhood focal points
Upgraded Pools and Amenity Centers
2 points
*Per the discretion of the Planning and Development Director
Splash Pad
3 points
*Min of 3 fixtures per 1,000 sq ft and maintained by the HOA
1 point for every additional 1,000
sq ft & 3 fixtures
Dog Park
8 points
*Min of 3 acres and maintained by the HOA
1 point for every additional acre,
5-acre max
For every 1,000 ft of Walking Trail
*Min of 8 ft wide with one bench and trash can per 1000 ft. Trash to be maintained by the
2 points
HOA
Additional Bench & Trash Can in Common Areas
1 point
*To be maintained by the HOA
Amenity Center
*Minimum of 3,000 sq. ft. -Points for the amenity center may be counted for at the 5 points Max
terminal vista or within the subdivision, but not both. *3 points base with 1 point per
additional 1,000 sq. ft
*All items are subject to the discretion and approval of the Planning Director.
[Remainder of Page Intentionally Left Blank]
DIAGRAM B.
WINAL VISTA GAZEBO 1 POINT
AS PART OF THE TERMINAL VISTA 3 POINTS (SEE TABLES FOR ADDITIONAL POINTSI
Diagram B. Examples of the Primary Subdivision Entry Features with Points
DIAGRAM C.
200' CENTERLINE RADIUS WITH 200' ARC LENGTH
1.000' CENTERLINE RADIUS VVITH760' ARG LENGTH
T
60,
Diagram C. Example of a Curvilinear Street
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part III-D
(Sign Regulations) of the Anna City Code of Ordinances is hereby amended as follows:
Article 2 Section 7.05 Residential Subdivision Monumentation
(a) Subdivision signage will be required at both the primary and secondary entrance to a
residential subdivision.
(b) Subdivision signage can be incorporated into a monument or other decorative
structure. The maximum height of any of these structures shall not exceed 25'.
Structures at the primary subdivision entrance that are to be included in the point total
must be a minimum of 15'. (Reference Part III -A Subdivision Regulations Article 9
Table 3).
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances; Part III-E
(Landscape Regulations) of the Anna City Code of Ordinances is hereby amended as follows:
Section 6
(r) For all residential parcels, developers shall be required to plant one large tree (minimum
of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or
portion thereof, of street frontage for major thoroughfares. Trees may be grouped or
clustered to facilitate site design.
Section 7
(d) For all residential parcels, a minimum 15'-wide tract to be owned and maintained by a
homeowners association will be required adjacent to all sides of manor thoroughfares.
Section 3. Savings, Severability, and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent
of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the
remainder of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Penalty Clause.
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed $2,000 for each incidence of violation or the highest amount
allowed by law, whichever is less. Each violation is considered a separate offense and will be
punished separately.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
PASSED on this 22nd day of January 2019, by the following vote of the City Council of the City of
Anna, Texas,
AYES
NAYS
ABSTENTIONS
APPROVED:
ATTEST:
Mayor- Nate Pike City Secretary- Carrie L. Smith
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas,
establishing a new administrative department, the City of Anna Economic Development
Department, making certain related findings, and providing an effective date (Jim Proce)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution 1/17/2019 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, ESTABLISHING AN ECONOMIC DEVELOPMENT
DEPARTMENT AND MAKING RELATING FINDINGS; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Anna, Texas is a unit of government that has established a Type
A Economic Development Corporation and a Type B Community Development Corporation in
accordance with the Development Corporation Act of 1979, Chapters 501, 504 and 505 of the
Texas Local Government Code; and
WHEREAS, under the City of Anna Home -Rule Charter, Art. 3, Sec. 3.06, the City of
Anna, Texas, City Council (the "City Council") has the authority to establish administrative
departments of the City; and
WHEREAS, under the City of Anna, Texas Home -Rule Charter, Art. 4, Sec. 4.01(f), the
City Manager has the duty to direct and supervise the administration of all departments, offices
and agencies of the City; and
WHEREAS, the City Council desires to establish an economic development department
of the City (the "Department") under management, supervision and control of the City Manager
with the purpose to direct and implement the policies of the City Council with respect to
economic and community development in and near the City of Anna and to coordinate with and
guide the City's Type A and Type B corporations in facilitating their respective goals and
missions; and
WHEREAS, the Department shall be primarily composed of and staffed by of
employees/individuals to be hired, managed, and supervised by the City Manager, including but
not limited to the position of Director of Economic Development as the head of the Department;
and
WHEREAS, the Department shall cooperatively assist and interact with the City's Type
A and Type B corporations and their respective board members and officers to effect the City's
strategic plans with respect to economic development including without limitation the City's
plans to: market and promote the City of Anna as a premier business location and tourist
destination; facilitate the location, expansion, and retention of domestic and international
business to the City; and promote and administer business and community economic
development programs and services in the City, including business incentives programs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS:
CITY OF ANNA, TEXAS RESOLUTION NO.
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects Texas Local Government
Code, Chapters 501, 504, and 505 and the City of Anna, Texas Home -Rule Charter.
Section 2. Establishment of Economic Development Department
The City Council hereby establishes as an administrative department of the City, the City
of Anna Economic Development Department. The Department shall be organized, administered,
managed, supervised, staffed and otherwise controlled by the City Manager who shall have the
authority to expend City funds and resources for such purposes in accordance with the City's
financial policies, including the spending from any fund balance suitable for such funding under
the budget or any amendment(s) thereto.
Section 3. Effective Date.
This resolution shall take effect immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 22nd day of
January 2019.
ATTESTED:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate the
terms of a proposed contract for Construction Manager At Risk services for the construction of the
proposed Municipal Complex. (Jim Proce)
SUMMARY:
In preparation for construction of the proposed Municipal Complex, the City formally issued a
Request For Proposals (RFP) on November 1, 2018 for Construction Manager at Risk (CMAR)
Services. On November 9, 2018, the City hosted a pre -proposal meeting. Additionally, the City
established a deadline of November 16, 2018 for clarifications and questions. One addendum
was issued by the City on November 19, 2018 in response to several questions that were
received. On November 21, 2018, six proposals for CMAR services were opened and read
publicly. Proposals were received from Lee Lewis Construction, Inc., Crossland Construction
Company, Inc., Key Construction, Steele & Freeman, Inc., Hill & Wilkinson General Contractors,
and Byrne Construction Services.
Prior to publishing the RFP, the City Manager formed a review committee consisting of:
1. Jim Proce, City Manager
2. Randall Scott, AIA, Randall Scott Architects, Inc.
3. Joseph Johnson, Director of Public Works
4. Jeff Caponera, Chief of Police
5. Ray Isom, Interim Fire Chief
6. Dana Thornhill, Director of Finance
7. Maurice Schwanke, Director of Planning & Development
8. Steven Smith, Assistant Director of Public Works
Select members of the committee attended the proposal opening, while the entire committee
participated in the subsequent review process. The review process included a thorough and
independent review by each member of the committee. The review included conversations with
the references provided by each contractor. On December 13, 2018 the committee met to review
preliminary scoring matrices and identified the top four contractors based upon the matrices
individually produced by each member of the committee. The top four candidates were then
contacted and interviews were scheduled. The four groups that were interviewed were Byrne
Construction Services, Hill & Wilkinson General Contractors, Steele & Freeman, Inc., and Lee
Lewis Construction, Inc. All interviews were conducted on January 10, 2019 with all members of
the review committee present.
The scoring matrix followed the exact procedure outlined in the RFP. Proposals were scored
based upon the following factors:
1. Firm description, experience & understanding of CMAR - 10%
2. Key professionals & qualifications of individuals assigned - 10%
3. Philosophy & approach, firm's ability to meet City's objectives - 10%
4. Relevant project experience with same/similar facility construction, firm capacity - 10%
5. References - 10%
6. Cost proposal, preconstruction services, construction services, cost and extent of general
services - 50%
Following the interviews each member of the review committee completed an independent final
scoring matrix based upon the prescribed criteria. The matrices were then compiled into a master
scoring matrix which is the basis for staff's recommendation.
Staff recommends approval of the Resolution authorizing the City Manager to negotiate the terms
of a proposed contract with Lee Lewis Construction, Inc. of Dallas, Texas for Construction
Manager At Risk services for the construction of the proposed Municipal Complex.
ATTACHMENTS:
Description
Resolution
Proposal Opening Record
Scoring Matrices
Upload Date Type
1 /17/2019 Resolution
1 /15/2019 Backup Material
1 /17/2019 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS OF A PROPOSED CONTRACT WITH LEE
LEWIS CONSTRUCTION, INC. OF DALLAS, TEXAS FOR CONSTRUCTION MANAGER AT
RISK SERVICES FOR THE CITY OF ANNA MUNICIPAL COMPLEX PROJECT.
WHEREAS, the City Council of the City of Anna (the City Council) finds that the Construction
Manager At Risk (CMAR) approach is best suited for the construction of the City of Anna
Municipal Complex Project (the Project); and,
WHEREAS, the City Council of the City of Anna, Texas has previously authorized the City
Manager to solicit sealed proposals for the Project; and,
WHEREAS, the City of Anna, having solicited sealed proposals in accordance with State law,
received six sealed proposals which were opened publicly and read on November 21, 2018 at
2:00 P.M.; and,
WHEREAS, the review committee, established by the City Manager, having reviewed and
scored said proposals in accordance with the criteria established in the Request For Proposals
(the RFP) has recommended that the City Council authorize the City Manager to negotiate the
proposed terms of a contract with Lee Lewis Construction, Inc.; and,
WHEREAS, there are funds available for the Project in the Combination Tax and Revenue
Certificates of Obligation Series 2018, said funds being assigned for this purpose; and,
WHEREAS, the City Council desires to authorize the City Manager to negotiate the proposed
terms of a contract with Lee Lewis Construction, Inc. for construction of the Project;
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 to Negotiate.
The City Council hereby approves and authorizes the City Manager to negotiate the proposed
terms of a contract with Lee Lewis Construction, Inc. and to take all other actions necessary
to allow the City Council to consider approving the award of the contract and authorizing its
execution.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day
of January 2019.
RESOLUTION NO. PAGE 1 OF 2
CMAR Services
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RESOLUTION NO. PAGE 2 OF 2
CMAR Services
CITY OF ANNA, TEXAS
Request for Proposals — Construction Manager at Risk (CMAR) for Municipal Complex
(Project No. 288)
BID TABULATION
Bids received until 2:00 PM, Wednesday, November 21, 2018
Proposal
From
Pre -Construction
Fee
Construction Phase
Fee
Not -to -Exceed General
Conditions Cost
Acknowledged
Addendum 1
Bid
Bond
Lee Lewis Construction
$25,000
2.2%
$1,019,023
Yes
Yes
Crossland
$20,000
2.97%
$1,322,181
Yes
Yes
Key Construction
$25,000
1.5%
$1,255,496
No
Yes
Steele & Freeman, Inc.
$0
2.75%
$1,201,990
Yes
Yes
Hill & Wilkinson General
Contractors
$9,500
2.75%
$1,046,999
No
Yes
Byrne Construction Services
$25,000
2.55%
$1,130,417
Yes
Yes
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: CMAR Committee - MASTER
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Firm
Key Professionals
Description:
& Qualification of
Philosophy &
Experience &
Individuals
Approach: Firm's
Understanding
Assigned to
ability to meet
of CMAR
Project
City's Objectives
(10%)
(10%)
(10%)
Lee Lewis Construction Inc.
9.063
7.156
7.594
Total Cost $
$ 1,488,144
Crossland Construction Co., Inc.
6.750
6.688
6.656
Total Cost $
$ 1,941,744
Key Construction
6.813
6.406
6.875
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
9.188
8.656
9.031
Total Cost $
$ 1,757,141
Hill & Wilkinson General Contractor
8.656
7.531
8.063
Total Cost $
$ 1,611,650
Byrne Construction Services
8.688
8.625
8.656
Total Cost $
$ 1,670,193
Total Cost $
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
with same or
services
Ranking
similar facility
- Construction
with 1
Fee
EMR
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
capcity
References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(50%)
9.188
8.469
8.313
8.303
1
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
5.750
6.625
5.995
6.244
6
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
4.563
4.563
7.515
6.679
5
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
9.125
9.063
6.681
7.847
4
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
7.938
8.188
7.640
7.858
3
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
8.625
9.063
7.130
7.931
2
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Jim Proce, City Manager
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
Firm
Key Professionals
with same or
services
Ranking
Description:
& Qualification of
Philosophy &
similar facility
- Construction
with 1
Fee
EMR
Experience &
Individuals
Approach: Firm's
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
Understanding
Assigned to
ability to meet
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
of CMAR
Project
City's Objectives
capcity
References general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(10%)
(10%)
(10%) (50%)
Lee Lewis Construction Inc.
8.5
7.5
7.5
8.5
7.5 8
7.95
1
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
Total Cost $
$ 1,488,144
Cross
5
5.03
6
$
99,563
$
1,3
Total Cost $
$ 1,941,744
Mtruction
5
IIIIIIIIIIIIIIIIIIlLw—
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
8.5
8.5
8.5 6.55
7.426
4
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
Total Cost $
$ 1,757,141
$ -
Hill & Wilkinson General Contractors
7.5
7.5
7.5 7.34
7.518
3
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
Total Cost $
$ 1,611,650
Byrne Construction Services
8.5
8.5
8.5
8.5
8.5 7.02
7.762
2
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
Total Cost $
$ 1,670,193
0
$
$ -
Total Cost $
0
$
$ -
0
$
$ -
0
$
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator:
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Lee Lewis Construction Inc.
Crossland Construction Co., Inc.
Key Construction
Steele & Freeman, Inc.
Hill & Wilkinson General Contractors
Byrne Construction Services
Relevant
Firm
Key Professionals
Project
Philosophy &
Experience
Description:
& Qualification
Approach: Firm's
with same or
Experience &
of Individuals
ability to meet
similar facility
References
Understanding
Assigned to
City's Objectives
construction
of CMAR
Project
and firm
capcity
(10%)
(10%)
(10%)
(10%)
(10%)
10
7
8.5
10
10
6
5
5
3
6
6
5
5
3
6
10
7
10
10
10
10
7
10
8
10
10
9.5
10
10
10
Cost Proposal.
Evaluator's
Add for GC
- Pre -construction
Ranking
Fee
Items Listed
services
Pre-
Fee Based on
Difference
Percentage
EMR (lower
TOTAL
with 1
Percentage of
General
as COW or
- Construction
Construction
CCL of
Total Cost
from Low
Higher than
number is
SCORE
being the
Construction
Conditions
not included
services
Fee
$20,187,300
Number
Lowest No.
better)
highest
Cost
per Dana's
- Cost and extent
ranking
Analysis
of general services
(50%)
8
8.550
2
$
25,000
2.20%
$
444,121
$
1,019,023
$ 31,236
$
1,519,380
$
(0)
$ (0.00)
0.88
5.72
5.361
6
$
20,000
2.97%
$
599,563
$
1,322,181
$ 10,166
$
1,951,910
$
432,530
$ 28.47
0.46
7.66
6.332
5
$
25,000
1.50%
$
302,810
$
1,255,496
$ 53,560
$
1,583,306
$
63,926
$ 4.21
0.70
6.75
8.074
4
$
-
2.75%
$
555,151
$
1,201,990
$ 15,333
$
1,757,141
$
237,761
$ 15.65
0.66
7.51
8.257
3
$
9,500
2.75%
$
555,151
$
1,046,999
$ 7,801
$
1,611,650
92,270
$ 6.07
Not Provided
7.21
8.553
1
$
25,000
2.55%
$
514,776
$
1,130,417
$ 46,354
$
1,670,193
$
150,813
$ 9.93
0.69
0
$
-
$
-
0
$
-
$
-
0
$
-
$
-
0
$
-
$
-
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Joseph Johnson, Director of Public Works
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Firm
Key Professionals
Description:
& Qualification of
Philosophy &
Experience &
Individuals
Approach: Firm's
Understanding
Assigned to
ability to meet
of CMAR
Project
City's Objectives
(10%)
(10%)
(10%)
Lee Lewis Construction Inc.
7
7
Total Cost $
$ 1,488,144
Crossland Construction Co., Inc.
7
5
7
Total Cost $
$ 1,941,744
Key Construction
6
5
5
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
9
9
9
Total Cost $
$ 1,757,141
Hill & Wilkinson General Contractor
6
Total Cost $
$ 1,611,650
Byrne Construction Services
8
8
8
Total Cost $
$ 1,670,193
Total Cost $
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
with same or
services
Ranking
similar facility
- Construction
with 1
Fee
EMR
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
capcity References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%) (10%)
(50%)
9
8
8
7.9
1
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
5
6
5.56
5.78
6
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
4
5
7.49
6.244
5
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
9
9
6.55
7.776
2
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
6
8
7.34
6.868
4
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
7
9
7.02
7.512
3
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Jeff A Caponera, Chief of Police
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
Firm
Key Professionals
with same or
services
Ranking
Description:
& Qualification of
Philosophy &
similar facility
- Construction
with 1
Fee
EMR
Experience &
Individuals
Approach: Firm's
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
Understanding
Assigned to
ability to meet
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
of CMAR
Project
City's Objectives
capcity
References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(10%)
(10%)
(10%)
(50%)
Lee Lewis Construction Inc.
8
8
10
8.5
8 8.35
2
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
Total Cost $
1,488,144
Crossland Construction Co., Inc.
b
9
8
10
6.5
8 7.95
5
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
Total Cost $
$ 1,941,744
Key Construction
9
7
7
4
5
7 6.7
6
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
Total Cost $
$1,583,306
Steele & Freeman, Inc.
L 10
9
10
9
7 8.2
3
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
Total Cost $
$1,757,141
$ -
Hill & Wilkinson General Contractor
8.5
10
7
8 8.35
1
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
Total Cost $
$ 1,611,650
Byrne Construction Services
10
9
9
10
9
7 8.2
4
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
Total Cost $
$ 1,670,193
0
$
-
$ -
Total Cost $
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Raymond L. Isom, Interim Fire Chief
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
Firm
Key Professionals
with same or
services
Ranking
Description:
& Qualification of
Philosophy &
similar facility
- Construction
with 1
Fee
EMR
Experience &
Individuals
Approach: Firm's
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
Understanding
Assigned to
ability to meet
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
of CMAR
Project
City's Objectives
capcity
References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(10%)
(10%)
(10%)
(50%)
Lee Lewis Construction Inc.
7.75
7.75
9
8.75
8.5
8.375
1
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
Total Cost $
1,488,144
Crossland Construction Co., Inc.
7.5
9
7.75
5.5
8.5
7
7.325
5
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
Total Cost $
1,941,744
Key Construction
6
6.75
7.5
4
4
7.5
6.575
6
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
Total Cost $
1,583,306
Steele & Freeman, Inc.
7.75
8.75
8.5
9
7.5
7.95
2
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
Total Cost $
1,757,141
$ -
Hill & Wilkinson General Contractor
7.75
8
8
9
7.25
7.575
3
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
Total Cost $
1,611,650
Byrne Construction Services
6
7
6.75
5.5
9
7.75
7.3
4
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
Total Cost $
1,670,193
0
$
-
$ -
Total Cost $
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Dana Thornhill
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Firm
Key Professionals
Description:
& Qualification of
Philosophy &
Experience &
Individuals
Approach: Firm's
Understanding
Assigned to
ability to meet
of CMAR
Project
City's Objectives
(10%)
(10%)
(10%)
Lee Lewis Construction Inc.
7.5
8
Total Cost $
$ 1,488,144
Crossland Construction Co., Inc.
10
9
10
Total Cost $
$ 1,941,744
Key Construction
9
9
10
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
10
10
10
Total Cost $
1,757,140.75
Hill & Wilkinson General Contractor
8.5
Total Cost $
$ 1,611,650
Byrne Construction Services
10
9
10
Total Cost $
$ 1,670,193
Total Cost $
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
with same or
services
Ranking
similar facility
- Construction
with 1
Fee
EMR
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
capcity
References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(50%)
10
8.5
8
8.40
1
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
8
8
5.56
7.28
6
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
7
6
7.49
7.85
5
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
10
9
6.55
8.18
3
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
9
8
7.34
8.02
4
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
10
9
7.02
8.31
2
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Maurice Schwanke, Director of Planning & Development
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Firm
Key Professionals
Description:
& Qualification of
Philosophy &
Experience &
Individuals
Approach: Firm's
Understanding
Assigned to
ability to meet
of CMAR
Project
City's Objectives
(10%)
(10%)
(10%)
Lee Lewis Construction Inc.
5
6
Total Cost $
$ 1,488,144
Crossland Construction Co., Inc.
5
3
6
Total Cost $
$ 1,941,744
Key Construction
5
5
7
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
9
7
Total Cost $
$ 1,757,141
Hill & Wilkinson General Contractor
9
Total Cost $
$ 1,611,650
Byrne Construction Services
9
8
7
Total Cost $
$ 1,670,193
Total Cost $
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
with same or
services
Ranking
similar facility
- Construction
with 1
Fee
EMR
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
capcity References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%) (10%)
(50%)
7
8.5
8
7.55
3
$
25,000
2.20%
$
444,121
$
1,019,023
$ 1,488,144
0.88
2
8.5
5.56
5.23
6
$
20,000
2.97%
$
599,563
$
1,322,181
$ 1,941,744
0.46
2
5
7.49
6.145
5
$
25,000
1.50%
$
302,810
$
1,255,496
$ 1,583,306
0.70
7
9
6.55
7.375
4
$
-
2.75%
$
555,151
$
1,201,990
$ 1,757,141
0.66
5
8
7.34
7.67
1
$
9,500
2.75%
$
555,151
$
1,046,999
$ 1,611,650
0.63
8
9
7.02
7.61
2
$
25,000
2.55%
$
514,776
$
1,130,417
$ 1,670,193
0.69
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
0
$
-
$ -
City of Anna City Hall, Court, Police & Fire Complex
Construction Manager at Risk Evaluation Form
Evaluator: Steven Smith, Assistant Director of Public Works
"Please score each firm on a scale of 1-10 for each category, with 10 being the highest score.
Relevant
Project
Cost Proposal.
Experience
- Pre -construction
Evaluator's
Key Professionals
with same or
services
Ranking
Firm Description:
& Qualification
Philosophy &
similar facility
- Construction
with 1
Fee
EMR
Experience &
of Individuals
Approach: Firm's
construction
services
being the
Pre-
Percentage of
Fee Based on
(lower
Understanding of
Assigned to
ability to meet
and firm
- Cost and extent of
TOTAL
highest
Construction
Construction
CCL of
General
number is
CMAR
Project
City's Objectives
capcity References
general services
SCORE
ranking
Fee
Cost
$20,187,300
Conditions
Total Cost
better)
(10%)
(10%)
(10%)
(10%) (10%)
(50%)
Lee Lewis Construction Inc.
10
7.5
8
10
8
10
9.35
1
$ 25,000
2.20%
$
444,121
$
1,019,023
$
1,488,144
0.88
Total Cost $
$ 1,488,144
Crossland Construction Co., I
9
5
8
5
5
6
6
$ 20,000
2.97%
$
599,563
$
1,322,181
$
1,941,744
0.46
Total Cost $
$ 1,941,744
Key Construction I
1
8
8
7
0
8
7.1
5
$ 25,000
1.50%
$
302,810
$
1,255,496
$
1,583,306
0.70
Total Cost $
$ 1,583,306
Steele & Freeman, Inc.
10
10
10
9
6
7.8
4
$ -
2.75%
$
555,151
$
1,201,990
$
1,757,141
0.66
Total Cost $
$ 1,757,141
$
-
Hill & Wilkinson General Contractors
7
7
10
8
9
8.6
2
$ 9,500
2.75%
$
555,151
$
1,046,999
$
1,611,650
0.63
Total Cost $
$ 1,611,650
Byrne Construction Services
10
10
9
7
8.2
3
$ 25,000
2.55%
$
514,776
$
1,130,417
$
1,670,193
0.69
Total Cost $
$ 1,670,193
0
$
$
Total Cost $
0
$
$
0
$
$
0
$
$
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding
and determining that a public necessity exists for acquisition of approximately 2.03± acres of real
property for municipal public use described as Anna Original Donation (Can), Block 2, Lot 1-5 8 9
& ABS-71 Henry Brantley Survey Tract 147 and located at or near 206 E. 7th Street, Anna, Texas;
authorizing and ordering the City Manager, City staff, contractors, and the City's attorneys to
acquire said property by any lawful means, including but not limited to negotiations, and, if
necessary, proceedings in eminent domain; providing an effective date. (Joseph Johnson)
SUMMARY:
The City of Anna plans to construct new municipal facilities to conduct its governmental functions
benefitting the City of Anna, its citizens, and the general health, safety, and welfare of its citizens.
In order to construct the municipal facilities, it is necessary to acquire fee simple ownership of
certain real property not owned by the City of Anna, said property being adjacent to certain
property owned by the City of Anna for municipal facilities. The property is described and depicted
in Exhibit A to the attached Resolution and is owned by Joiner Construction Company, Inc. and/or
others. The Resolution, if approved, finds a public necessity and authorizes City staff, contractors,
and the City's attorneys to negotiate, and, if necessary, initiate proceedings in eminent domain to
acquire the property.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution. A motion to approve the Resolution
should be made precisely as follows as prescribed by law:
"I move that the City of Anna adopt this resolution and authorize the use of the power of eminent
domain to acquire a fee simple interest in 2.03± acres of land for municipal facilities and related
public purposes. Said fee simple interest to be acquired is described and depicted in Exhibit A
attached to this Resolution. Said tract is 2.03± acres of land in the City of Anna, Collin County,
Texas, shown as Anna Original Donation (Can), Block 2, Lot 1-5 8 9 & ABS-71 Henry Brantley
Survey Tract 147."
ATTACHMENTS:
Description Upload Date Type
Resolution 1/17/2019 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, FINDING AND DETERMINING THAT A PUBLIC NECESSITY
EXISTS FOR ACQUISITION OF APPROXIMATELY 2.03E ACRES OF
REAL PROPERTY FOR MUNICIPAL PUBLIC USE; AUTHORIZING
AND ORDERING THE CITY MANAGER, CITY STAFF,
CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID
PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT
LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS
IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna plans to construct municipal facilities on surrounding
grounds to meet the public need to conduct its governmental functions to benefit the City of
Anna, its citizens and the general health, safety and welfare; and
WHEREAS, it is necessary to acquire fee simple ownership of certain real property not
now owned by the City of Anna, said real property being adjacent to certain property owned by
the City of Anna for such municipal facilities, which are hereby found to be a municipal purpose
and public use; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said real property and/or to pursue acquisition of said real property under power of
eminent domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful
consideration, finds that a public necessity exists for acquisition of approximately 2.034: acres of
real property, which is more particularly described in Section 2 of this resolution, for the
purposes of construction, installation, maintenance, replacement, and/or repair of municipal
facilities for public use benefiting the public health, safety and welfare; and
WHEREAS, on this 22" d day of January 2019, at a regular meeting of the City Council,
upon Motion of Councilmember , to wit:
I move that the City of Anna adopt this resolution and authorize the use of the power of
eminent domain to acquire a fee simple interest in 2.03E acres of land for municipal facilities and
related public purposes. Said fee simple interest to be acquired is described and depicted in
Exhibit A attached to this Resolution. Said tract is 2.03± acres of land in the City of Anna, Collin
County, Texas, shown as Anna Original Donation (Can), Block 2, Lot 1-5 8 9 & ABS-71 Henry
Brantley Survey Tract 147.
Seconded by Councilmember:
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government Code
§ 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code
§ 2 1. 00 1 et seq., to the extent the provisions of such statutes are applicable.
1.03 The City Council, by this Resolution, intends, if an agreed sale cannot be
negotiated, to exercise the City's powers of eminent domain under Texas Local Government
Code § 251.001 and any and all other applicable statutes.
Section 2. Real Property to be Acquired
The necessary real property sought to be acquired in fee simple is approximately 2.034:
acres of real property (the "Property"), held by Joiner Construction Company, Inc. and/or others.
Said approximate 2.03=L acres of real property is located, depicted and described in Exhibit A,
attached to this Resolution and incorporated herein by reference as if fully set forth for all
purposes.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and
convenience to acquire the real property identified in Section 2, above, for the purpose of
constructing, maintaining, repairing, using and/or replacing municipal facilities and for
municipal public use of surrounding grounds. The City Council authorizes the City Manager,
City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys,
and any special counsel hired by the City under the direction of Wolfe, Tidwell & McCoy, LLP,
to acquire the needed Property by any lawful means including but not limited to negotiations
with landowners and, if necessary, proceedings in eminent domain.
3.02 The City Council by this resolution orders and directs the City Manager, his staff,
and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —
to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of the
appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with
the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary
offers in an attempt to acquire the Property in fee simple title consistent with the appraisal(s),
when appropriate, to convey the City's desire to acquire the Property in an efficient manner, and,
if necessary, to institute proceedings in eminent domain and take all necessary actions in such
proceedings to condemn and acquire the Property. The City Council hereby authorizes and
ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest
extent provided by law, to acquire the Property identified in Section 2, above.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3
Section 4. Effective Date.
This Resolution shall take effect immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 22°d day of
January 2019.
ATTESTED:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3
EXHIBIT A — Resolution No.
Description/Depiction of Property to be Acquired in City of Anna, Collin County, Texas
1F
I'
Anna Original Donation (Can), Block 2, Lot 1-5
8 9 & ABS-71 Henry Brantley Survey Tract 147_
CITY OF ANNA, TEXAS EXHIBIT A -RESOLUTION NO.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 1 /22/2019
Discuss EMS and ambulance service delivery options related to the fire department. (Ray Isom)
SUMMARY:
Inform the council on recent activities regarding our current ambulance service provider (AMR -
American Medical Response) through the Collin County ILA. Discuss options and strategies for
future service.
STAFF RECOMMENDATION:
Discuss and Consider