HomeMy WebLinkAbout2018-08-14 Work Session & Regular Meeting PacketAGENDA
City Council Work Session
THE CITY OF
Anna Tuesday, August 14, 2018 @ 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 August
14, 2018, 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. Briefing/Discussion regarding a proposed project to add a City logo to the
Hackberry Elevated Storage Tank. (Joseph Johnson)
3. Discussion on requiring residential solid waste customers to bag their trash.
4. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); City ordinance compliance, Municipal Court of Record.
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); Council
appointments, City Manager, and related contracts and appointments.
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.
5. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
6. 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 .
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
AiAtia
AGENDA ITEM:
Item No. 2.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Briefing/Discussion regarding a proposed project to add a City logo to the Hackberry Elevated
Storage Tank. (Joseph Johnson)
SUMMARY:
STAFF RECOMMENDATION:
Briefing/Discussion item only.
THE CITY OF
Aifttia
AGENDA ITEM:
Item No. 3.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Discussion on requiring residential solid waste customers to bag their trash.
SUMMARY:
At the last city council meeting, a discussed ensued related to requiring residents to bag their
trash prior to placing it in their city issued trash receptacle. This discuss grew out of concerns
related to trash trucks leaking waste onto city roadways as well as odor and litter control.
Based on council's direction, staff is recommending an ordinance change to, Part 11 General
Ordinance Section 6 - Garbage and Refuse Service, to include specific language that requires
residents to bag their trash prior to placing it in the city issued polycart receptacle. Staff has
provided language for the council's consideration below:
6.06 Containers to be kept sanitary and secure:
All solid waste placed in the city issued residential polycart container must be contained in
either plastic or paper bags to prevent odors and to prevent the contents from blowing out of the
container when the container is being emptied.
Suggested Items to be added to the Definitions:
Bags shall mean plastic sacks, designed to store garbage, trash, or other refuse with sufficient
wall strength to maintain physical integrity when lifted by the top. The total weight of a bag and its
contents shall not exceed thirty-five (35) pounds.
Lawn or Yard bags shall mean paper bags created for the specific purpose of holding organic
materials such as yard waste/trimmings of new growth hedge and brush, wood chips, garden
vegetable and fruit waste, small pencil -thin twigs, leaves and grass clippings.
Polycart shall mean the city issued trash and/or recycling receptacle issued for the disposal of
garbage, recyclable material, rubbish or brush.
STAFF RECOMMENDATION:
Waiting on Council direction
AGENDA
THE CITY OF Regular City Council Meeting
AAtia Tuesday, August 14, 2018 @ 7:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on August
14, 2018, 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 July 24, 2018. (City Secretary)
b. Approve a Resolution for the City Manager to authorize a request by the police
chief to purchase (1) Faro 3D Crime Scene Mapping and Photograph
System. (Chief Caponera)
c. Approve a resolution authorizing the City Manager to enter into a I nter-local
Agreement between the City of Anna and North Central Texas Council of
Governments for the purposes of obtaining 9-1-1 data for distribution to
Hyper -Reach. (Chief Caponera)
d. Authorize the City Manager to solicit bids for the 2018 Annual Street
Rehabilitation Project. (Joseph Johnson)
e. Approve a resolution approving the "Milam Addition" development plat.
(Maurice Schwanke)
f. Consider/Discuss/Act: Request City Council's consideration and any action
regarding approval of the application for participation in the Law Enforcement
Support Office (LESO) Program with Defense Logistics Agency and approval
of the State Plan of Operations with the State of Texas to allow the Police
Department to utilize surplus military property at no cost to the City and
authorize the City Manager to execute same. (Chief Caponera)
g. Approve a resolution authorizing the City Manager to enter into an I nter-Local
Agreement for Cooperative Purchasing with the City of Desoto, Texas for the
purchase of the police records management solution (Chief Caponera).
h. Consider/Discuss/Act: On a resolution authorizing the City Manager to enter
into an Inter -Local Agreement for Cooperative Purchasing with the City of
Desoto, Texas for the purchase of the police records management solution
(Chief Caponera).
6. Consider/Discuss/Action regarding a Resolution naming the date and place of a
public hearing on the FY 2018-2019 budget. (Dana Thornhill)
7. Presentation of the proposed FY 2018-2019 Budget. (Dana Thornhill)
8. Consider/Discuss/Action regarding a Resolution naming the maximum tax rate the
Council may adopt for the 2018 tax year and setting dates and times for public
hearings on the tax rate. (Dana Thornhill)
9. Consider/Discuss/Action on an Ordinance defining Junked Vehicles. (Clark
McCoy)
10. First Public Hearing on a voluntary annexation of a 9.752-acre tract of land located
in the Joseph Schluter Survey, Abstract 856. (Maurice Schwanke)
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); City ordinance compliance and Municipal Court of Record.
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); Council
appointments, City Manager, and related contracts and appointments.
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 August 10, 2018
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: 8/14/2018
Approve City Council Meeting Minutes for July 24, 2018. (City Secretary)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
work session
regular meeting
Upload Date Type
8/9/2018 Exhibit
8/9/2018 Exhibit
ANNACITYCOUNCIL
MINUTES
WORK SESSION
July 24, 2018
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.
Council Member Beazley was absent.
2. Briefing/Discussion regarding the preliminary draft FY 2019 Budget
3. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); City ordinance compliance.
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); Council
appointments, City Manager, and related contracts and appointments.
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 Miller seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 6:46 p.m.
Mayor Pike reconvened the meeting at 7:18 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.
4. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
5. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:18 p.m.
Approved on the July 20, 2018.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
ANNACITYCOUNCIL
MINUTES
REGULAR SESSION
July 24, 2018
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:30 p.m.
All 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.
Bradley Duncan with Anna ISD introduced Michael Comeaux, newly appointed
Superintendent.
Jim Luscombe, 1303 W. Foster Crossing opposes the future alignment of
Ferguson Road.
Erin Thompson, 210 Stanley requested additional speed limit signs on US 75 in the
construction zones. Ms. Thompson also opposes the future alignment of Ferguson
Road.
Rebecca Tontz, 1806 Carol Lane opposes the future alignment of Ferguson Road.
Tricia Davidson, 2613 Leslie Lane opposes the future alignment of Ferguson
Road.
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.
MOTI ON: Council Member Bryan moved to approve the consent agenda. Council
Member Miller seconded. Motion carried 6-1. Council Member Beazley opposed.
a. Approve the Minutes for July 3, 2018 Special Council Meeting. (City
Secretary)
b. Approve Minutes for July 10, 2018 Council Meeting. (City Secretary)
C. Review Quarterly Investment Report (Dana Thornhill)
d. Review the CDC meeting minutes from of March 1, 2018 and April 5, 2018.
(Jessica Perkins)
e. Review the EDC meeting minutes from of March 1, 2018 and April 5, 2018.
(Jessica Perkins)
f. Review Park Minutes for June 18th 2018. (Maurice Schwanke)
g. Adoption of ordinance regulating standards of conduct in compliance with
state law, charter provisions, and ethics code. (Clark McCoy)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING
GENERAL STANDARDS OF ETHICS; CONFLICTS OF
INTEREST AND RELATED DISCLOSURES; GIFTS AND
HONORARIUMS; ADOPTING RELATED DEFINITIONS AND
INTERPRETATION OF TERMS; ETHICS TRAINING;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FORAN EFFECTIVE DATE.
h. Approval of a resolution authorizing the City Manager to enter into an
agreement with Hype r-Reach.(Chief Caponera)
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
AGREEMENT BETWEEN THE CITY OF ANNAAND HYPER -REACH (THE
ASHER GROUP).
6. Consider/Discuss/Action on an Ordinance Approving a Solid Waste
Collection and Disposal Contract (Dana Thornhill)
The City currently has a contract with Bradshaw and Son for solid waste collection
and disposal services. This provides Bradshaw and Son the exclusive Franchise
for these services.
• An increase to residential rates of $1
• An increase to all dumpster rates of $2
• An increase to the cost per pickup for roll -offs of $4
• Allows residents to include 2 lawn bags on collection days as part the
allowable 2 bulky waste items
• Allows for up to 10times per year, the City to be provided a roll -off bin at no
charge for City projects
• Adds the AEDC Inc. Cube to be included as a City Facility which shall
receive services at no cost
• Adds language for property damage to paved roads and residential and
commercial properties
• Adds additional language on the preventative maintenance of equipment and
calls for a monthly report to be provided to the City
• Adds language to require a drivers record check to be conducted on an
annual basis
• Adds a limit to the number of additional carts to 1 for residential and
commercial hand collect customers and 1 additional recycle cart
• Clarifies the language for billing fees and franchise fees
• Changes the contract terms to be 2 years with 3 automatic one year
extensions unless either party opt not to extend the contract
AN ORDINANCE OF THE CITY OF ANNA, TEXAS APPROVING A SOLID
WASTE COLLECTION AND DISPOSAL CONTRACT AND GRANTING AN
EXCLUSIVE FRANCHISE FOR SOLID WASTE COLLECTION AND
DISPOSAL SERVICES.
MOTION: Council Member Miller moved to approve. Council Member Toten
seconded. Motion carried 7-0.
7. Consider/Discuss/Action on an Ordinance amending the FY 2018 Budget.
(Dana Thornhill)
The proposed budget amendment includes funding for the following purposes:
• Purchase of tools & equipment, maintenance of building, and capital items for
departments in the General Fund
• Increase permit inspection fee revenue and expenses in the General Fund
driven by new construction activity
• Purchase capital items for the departments in the Utility Fund
• Add a transfer out of the Utility Fund to the W&S Capital Project Fund in
order to cash finance future projects
• Increase the budget for the Fire Trust Fund for the purchase of cradle points
for internet access in Fire Department vehicles
• Increase the Child Safety Department budget in the Special Revenue Fund
for signage
• Increase the Park Trust Fund budget for improvements to Natural Springs
Park
AN ORDINANCE AMENDING ORDINANCE NO. 752-2017 ADOPTING THE
BUDGET FOR THE 2017-2018 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Reeves moved to approve. Council Member Tutson
seconded. Motion carried 7-0.
8. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks &
Carter, LLP for the Ferguson Parkway Project. (Joseph Johnson)
The Ferguson Parkway Project consists of approximately 6,200 linear feet of 4-
lanes of an ultimate 6-lane divided thoroughfare within a 120-foot right-of-way from
the Collin County Outer Loop to Taylor Boulevard. The project also includes a six -
lane bridge over Slayter Creek and approximately 1,800 linear feet of 2-lanes of the
ultimate 6-lane between Taylor Boulevard and Elm Street.The project, if
constructed, would provide traffic an additional north -south route into the City's
population center, relieving the intersections of FM 455 with US 75 and SH 5. The
project aligns with the City's adopted Strategic Plan goal "Build Transportation
Infrastructure" in which the comprehensive strategy is to design and build
transportation projects that relieve traffic congestion. The Ferguson Parkway
Project is listed as a specific project within the Strategic Plan.
The project meets the eligibility criteria for Congestion Mitigation Air Quality
(CMAQ) and Surface Transportation Block Grant (STBG) funding. The project has
been proposed to the North Texas Council of Governments (NCTCOG) and
NCTCOG has expressed significant interest in partnering with the City on this
project. The goal in moving the project forward into the schematic design phase
would be to position the project for funding and allow for right-of-way acquisition
should the Council so choose.
Task A is for the schematic design phase and includes Part I and portions of Part
VI11. Part I is for the amount of $114,080 and Part VIII is for the amount of
$137,700 for a total not -to -exceed amount of $251,780. Funding is available for the
project design in the City of Anna 2018 Certificate of Obligation Bond issue.
MOTION: Mayor Pike moved to table. Council Member Tutson seconded.
Motion carried 7-0.
9. Consider/Discuss/Action on a Resolution authorizing Council Members to
attend the TMLAnnual Conference and Exhibition. (City Council)
The City Council has previously approved Resolution 2009-10-05 that adopted
Travel and Training Policies for Anna City Council Members. Consistent with the
City Charter and the Council Travel Policies, members of the City Council may
receive reimbursement for actual expenses incurred in the performance of their
official duties with the approval of the City Council at a public meeting.
The Resolution authorizes council members to attend the TML Annual Conference
and Exhibition in Ft. Worth October 10-12. The TML Annual Conference includes
workshops on current municipal issues and provides participants opportunities to
discuss challenges, solve problems, and share successes with their peers.
The estimated cost per -participant for the TML Annual Conference is $1000.
Approximately $3,000 is available in the City Council travel and training budgets.
Mayor Pike and Council Member Tutson expressed interest in attending this
conference.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING
COUNCIL MEMBERS TO ATTEND THE TML ANNUAL CONFERENCE
AND EXHIBITION.
MOTION: Council Member Beazley moved to approve. Council Member Bryan
seconded. Motion carried 7-0.
10. A) Conduct a public hearing to consider public comments regarding a
request by Milton Lentz owner of the property. The property is currently
zoned Single Family Residential Estate (SF-E). The owner requests to
replace the existing zoning to a proposed Planned Development for
Single Family Residential (SF-72). The tract of land is located South of
County Road 1106 on the West side of North Pointe Crossing
subdivision, just East of N Powell Pkwy (SH 5). (Maurice Schwanke)
B ) Consider/Discuss/Action on a recommendation regarding the
request by the owner of the property to replace the existing zoning with
a new Planned Development zoning.
The proposed zoning for this tract of land contains 129 lots and several open space
tracts. The developer is implementing several of the concepts that the
Neighborhood Design Committee is recommending based on conversations with
staff. The smallest lots are 7,200 sq. ft. with many lots exceeding. The zoning is in
conformance with the adopted and proposed Comprehensive Plans.
Mayor Pike opened the public hearing at 8:46 p.m.
Developer Don Allen requested Council's approval.
Mayor Pike closed the public hearing at 9:01 p.m.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE, AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED
HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY
AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Reeves moved to approve. Council Member Miller
seconded. Motion carried 5-2. Tutson and Bryan opposed.
11. Consider/Discuss/Action on approving the "Green Meadows" preliminary
plat. (Maurice Schwanke)
The Green Meadows preliminary plat contains 34.98 acres located in the Z.F. Lister
Survey, Abstract No. 546. This tract is located on the East Side of Highway, West
of Northpointe Crossing and South of County Road 1106. The preliminary plat is
for 129 lots. The tract is currently zoned SF-E but they have submitted a proposal
for a new P D for the area for residential use.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY PLAT OF GREEN MEADOWS.
MOTION: Council Member Reeves moved to approve. Council Member Miller
seconded. Motion carried 5-2. Council Member's Tutson and Bryan opposed.
12. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); City ordinance compliance.
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); Council
appointments, City Manager, and related contracts and appointments.
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.
13. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
14. Adjourn.
Mayor Pike adjourned the meeting at 9:09 p.m.
Approved on the August 14, 2018.
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: 8/14/2018
Approve a Resolution for the City Manager to authorize a request by the police chief to purchase
(1) Faro 3D Crime Scene Mapping and Photograph System. (Chief Caponera)
SUMMARY:
The Faro 3D Crime Scene Mapping and Photograph System was a requested supplemental
budget item for the FY 19 Budget. Council approved a budget reallocation to purchase this
equipment in FY 18.
Per our purchasing policy, any purchase over $50,000 must be approved by Council. This
purchase is $59,997.54 and will be purchased from FARO, Incorporated using the GSA
Purchasing Cooperative.
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/7/2018 Staff Report
Exhibit A 8/7/2018 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO PURCHASE A FARO 3D CRIME SCENE
MAPPING SYSTEM AND ACCESSORY ITEMS FROM FARO TECHNOLOGIES,
INCORPORATED THROUGH THE GSA COOPERATIVE PURCHASING SYSTEM.
WHEREAS, a FARO 3D Mapping System is a crucial piece of equipment needed for
the Police Department's accident and crime scene investigations and emergency
response; and,
WHEREAS, City staff has proposed the purchase of a new FARO 3D Mapping System
and accessory items (the "Equipment"); and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
the purchase of a FARO 3D Mapping System and accessory items for the purpose of
enhancing the police department's ability to more efficiently and accurately document
accident and crime scenes is in the interest of the residents of the City of Anna, Texas
(the "City"); and,
WHEREAS, the procurement through a purchasing cooperative complies with the
Texas Local Government Code and ensures a competitive price; and,
WHEREAS, there are funds allocated for this equipment in the 2018 Fiscal Year
budget reallocation 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 FARO 3D
Mapping System and accessory items from FARO Incorporated for a total sum of
$59,997.54, consistent with the GSA Cooperative Purchasing system proposal
attached hereto as Exhibit A. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to procure the equipment.
RESOLUTION NO. PAGE 1 OF 2
FARO 3D Mapping System Purchase
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
14t" day of August, 2018.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RESOLUTION NO.
FARO 3D Mapping System Purchase
PAGE 2OF2
RESOLUTION NO. PAGE 3 OF 2
FARO 3D Mapping System Purchase
F A��
Page: 1
3D VISIONARY
FARO Technologies Inc
250 Technology Park
Lake Mary FL 32746-7115
Phone No: 866-869-8111
Fax No:
Email: Ronnie.Pina@faro.com
Bill To :
Anna Police Department
PO Box 776
Anna TX 75409-0776
US
Remit to:
Quotation No:
20197860
FARO Technologies, Inc.
Quote Date:
07/23/2018
P.O. Box 116908
Expiration Date:
08/22/2018
Atlanta, GA 30368-6908
Regional Manager:
Scott Schacht
Account Manager:
Melvin Clay Lawson
Sales Support:
Reynaldo Pina
Ship:
Ground
Ship To:
Payment Terms:
Net due in 30 days
Anna Police Department
with approved credit
Pete Copin
Delivery Terms:
EXW Origin
PO Box 776
Delivery Date:
4-6 Weeks
Anna TX 75409-0776
US
Qty Item No. Description Unit Price Discount Ext. Price
1 LS-8-S-150 3D HW LS FocusS 150 47,600.00 3,831.80 43,768.20
Laser Scanner FocusS 150 ships
with: 1 FocusS 150, with HDR
photography, with GPS, compass,
altimeter (barometer), dual -axis
compensator, WLAN, accessory
bay, IP rating 54, on -site
compensation functionality, 1x
Battery Power Block, 1x Battery
Power Dock, 1x 90W Power
Supply, 1x Optic Cleaning Fluid, 3x
Optic Cleaning Tissues, 1x 32GB
SD card, 1x SD card reader, 1x SD
card cover, 1 x Allen wrench, 1 x
rugged transport case, calibration
certificate and a quick start guide.
Please notice: the lead-time may
take 6 weeks or more after receipt
of written order.
PURCHASE AGREEMENT AND CONDITIONS OF SALE Customer will pay any federal, state and local taxes. All conditions of sale, service and
warranty as described in FARO standard purchase conditions currently on file with FARO are made as part of this Quotation and are incorporated
herein by reference (02FRM522). DR12 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO
QUOTE, CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION.
FRA
1�` o
3D VISIONARY
Page: 2
Quote no. 20197860
Qty Item No. Description Unit Price Discount Ext. Price
1 TR-SCN-POS Laser Scanner Tr. - FARO Fac. - 0.00 0.00 0.00
Inc
1 SOFTS0302
1 ACCSS8001
Three-day course for two (2)
trainee at an approved FARO
training facility that discusses LS
operation, setup, and basic
measurements. NOTE:
Classroom trainings are limited to
six (6) trainees and are scheduled
on a first come, first served basis.
Classes can be canceled within
two weeks of the scheduled date
if sufficient enrollment is not met.
NOTE: Training will expire if not
taken within 90-days of receipt of
equipment. No charge item
applicable only with purchase of
Laser Scanner.
OPEN MARKET ITEM
3D—SW—SC—SCENE
SCENE software is designed for
viewing, administration and
working on, of extensive 3D scan
points. It allows the user to
manipulate raw 3D scan points
and acquire with analysis functions
initial point cloud data
comprehension. Complete
workspace creation and
manipulation tool. Contains all
functionality of FARO Scout plus
functions required for scan
placement.
3D_AC_LS_FocusS Battery
Power Block
Power Block battery for FARO
Focus S and Scan Localizer
5,431.74 271.59 5,160.15
525.94 26.30 499.64
FRA
1�` o
3D VISIONARY
Page: 3
Quote no. 20197860
Qty Item No. Description Unit Price Discount Ext. Price
1 ACCSS8032 3D_AC_LS_Standard Carbon 997.42 49.87 947.55
Fiber Tripod
Super lightweight, highly stable,
low -vibration, tailored carbon fiber
tripod, For perfect performance
and increased durability
customized for Focus Scanners.
OPEN MARKET ITEM
1 SOFTL0001 Single User Soft Lock
Soft lock for one single user
license.# Software licenses
purchased separately. Can be
used together with CAM2,
FaroZone or As -Built Software
products
OPEN MARKET ITEM
$ 11
1 SOFTD51002-XGD FARO Zone 3D Advanced 1,495.00
Crossgrade Digital
Customer loyalty pricing for
existing FARO software
customers who want to switch to
FARO Zone 3D Advanced with
point cloud compatibility. Includes
one (1) year of maintenance.
Digital Download.
OPEN MARKET ITEM
1 TR-SCN-POS-O Laser Scanner Tr. - Upg to OnSite
Upgrade your three-day FARO
facility Laser Scanner training to a
customer site course for up to four
(4) people. Customer site training
are designed for up to four (4)
trainees to endure proper transfer
of knowledge and understanding.
Price per class. NOTE: This part
number is to be sold only with the
purchase of new equipment and is
meant to replace training at a
FARO facility
(TR-LS-SCN-POS).Training will
expire if not taken within 90-days
of receipt of equipment. Additional
travel and lodging fees may be
required for travel outside the US
and Canada.#
4,207.56
1 11
1 11
BE
1 11
1,495.00
4,207.56
FRA
1�` o
3D VISIONARY
Page: 4
Quote no. 20197860
Qty Item No. Description Unit Price Discount Ext. Price
1 COMP0123X64 VR Ready Notebook 4,125.94 206.30 3,919.64
High -end notebook computer.
Contact your FARO representative
for current specifications.
Order Total: 64,383.60
Discount Amount:-4,385.86
Shipping Total: 0.00
Total in USD: 59,997.74
FRA
SR a "�
3D VISIONARY
Additional Information
QUOTE TERMS
To accurately and promptly process your order, the following information is required with your Purchase Order:
1. Purchase Order Number (PO#)
2. Bill To AND Ship To Address (even if they are the same)
3. Net 30 or Sooner Payment Terms
4. Prepay and Add Freight Charges OR Collect (with your shippers Account #)
5. Method of Shipment (Best Way, Ground, Overnight, 2DAY)
6. FOB Origin or Destination (for GSA and Warranty ONLY Customers)
7. FARO Quote Number
8. PO Signed and Dated
9. Ship To State Tax Exemption Certificate OR acknowledgement to charge tax
10. Signed Credit Application (New Customers ONLY)
Quoted delivery terms are contingent upon timely receipt of all above listed items.
CALIBRATION CAPABILITIES
Page: 5
Quote no. 20197860
FARO meets the calibration requirements of ISO 17025 for FARO USB FaroArms and Bluetooth Gage, and Laser Trackers (when B89 or Standard Calibration for Vantage is requested). If another
calibration standard is required please discuss with your Customer Service representative.
FARO USB FaroArms and Bluetooth Gage are certified using calibration procedures developed in accordance with ASME B89.4.22.
FARO Laser Trackers are certified following FARO internal procedures developed in accordance with ISO9001:2008. The ASME B89.4.19 System Calibration (Part #: 960-02589) is an additional
calibration process to our FARO Standard Calibration (Part # :ACC-00). The tracker must be put through our standard calibration first before an ASME B89.4.19 System Calibration.
FARO follows the recommendation of the ASME B89.4.22-2004, Appendix J, in the application of the decision rule to testing results. This appendix states "B89 standards that adopt standards
referencing ISO 14253-1 as a normative standard shall explicitly state a different default decision rule, where the 4:1 simple acceptance and rejection rule from B89.7.3.1 shall be the default rule unless a
different rule is specified.
GSA QUOTE
Pricing, terms and conditions per GSA contract GS07F197GA.
Expiration of contract 9/27/2022.
Page: 6
Quote no. 20197860
GSA STANDARD TERMS AND CONDITIONS OF SALE
AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST
FSC GROUP: 66 FSC CLASSES
SPECIAL ITEM NUMBER 627-1007 # Scientific Equipment and Services
FARO TECHNOLOGIES, INC
Faro Technologies, Inc.
250 Technology Park
Lake Mary, FL 32746
T:407-333-9911
F:407-333-4181
www.faro.com
Contract Number: GS07F197GA
Period Covered by Contract: _9/28/2017 # 9/27/2022
General Services Administration
Federal Acquisition Service
Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are
also available on the GSA Advantage System. Agencies can browse GSA Advantage by accessing the
Federal Acquisition Service's Home Page via the Internet at http://www.fss.gsa.gov/
INFORMATION FOR ORDERING ACTIVITIES
1. GEOGRAPHIC SCOPE OF CONTRACT:
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and
U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for
orders received from overseas activities.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto
Rico, and U.S. Territories.
Offerors are requested to check one of the following boxes:
[ ] The Geographic Scope of Contract will be domestic and overseas delivery.
[ ] The Geographic Scope of Contract will be overseas delivery only.
[X] The Geographic Scope of Contract will be domestic delivery only.
2. CONTRACTOR'S ORDERING ADDRESS AND PAYMENT INFORMATION:
Lockbox Address
Faro Technologies, Inc.
PO Box 116908
Atlanta, GA
Contractor must accept the credit card for payments equal to or less than the micro -purchase for oral or written
orders under this contract. The Contractor and the ordering agency may agree to use the credit card for dollar
amounts over the micro -purchase threshold (See GSAR 552.232-79 Payment by Credit Card. Wire transfer
information can be obtained from the local sales representative or the accounting department.
3. LIABILITY FOR INJURY OR DAMAGE
The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity
property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the
fault or negligence of the Contractor.
4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF
STANDARD FORM 279:
Block 9: G. Order/Modification Under Federal Schedule
Block 16: Data Universal Numbering System (DUNS) Number: _61-730-8929
Block 30: Type of Contractor # C
A. Small Disadvantaged Business
B. Other Small Business
C. Large Business
G. Other Nonprofit Organization
L. Foreign Contractor
Block 31: Woman -Owned Small Business - YES
Block 36: Contractor's Taxpayer Identification Number (TIN):
19-0296514
4a. CAGE Code: 0VGY2
4b. Contractor has registered with the Central Contractor Registration Database.
5. FOB DESTINATION
6. DELIVERY SCHEDULE
a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days
after receipt of order (ARO), as set forth below:
SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO)
627-1007 30-45_ Days
b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet
the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time
permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to
the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If
the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to
the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in
accordance with all other terms and conditions of the contract.
7. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted.
a. Prompt Payment: Net 30 Days from receipt of invoice or date of acceptance
b. Quantity none
c. Dollar Volume none
d. Government Educational Institutions Same
e. Other none
Page: 7
Quote no. 20197860
8. TRADE AGREEMENTS ACT OF 1979, as amended:
9. SMALL REQUIREMENTS: The minimum dollar value of orders to be issued is $100.00.
10. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.)
a. The Maximum Order value for the following Special Item Numbers (SINs) is $500,000:
Special Item Number 627-1007 #New Equipment
11. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS
Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when
placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.
a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.
b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.
12. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with
respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of
termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (1) Termination
for the ordering activity's convenience, and (m) Termination for Cause (See 52.212-4)
13. GSA ADVANTAGE!
GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to
vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various
searches across all contracts including, but not limited to:
(1) Manufacturer;
(2) Manufacturer's Part Number; and
(3) Product categories.
Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.:
Net Scape). The Internet address is http://www.gsaadvantage.gov
14. PURCHASE OF OPEN MARKET ITEMS
NOTE: Open Market Items are also known as incidental items, noncontract items, non -Schedule items, and items
not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be
treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f).
For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply
Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket
purchase agreement (BPA) or an individual task or delivery order, only if-
(1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal
Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6),
acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business
programs (Part 19));
(2) The ordering activity contracting officer has determined the price for the items not on the Federal
Supply Schedule is fair and reasonable;
(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and
(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.
15. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
a. For the purpose of this contract, commitments, warranties and representations include, in addition to those
agreed to for the entire schedule contract:
(1) Time of delivery/installation quotations for individual orders;
(2) Technical representations and/or warranties of products concerning performance, total system
performance and/or configuration, physical, design and/or functional characteristics and capabilities of a
product/equipment/ service/software package submitted in response to requirements which result in orders
under this schedule contract.
(3) Any representations and/or warranties concerning the products made in any literature, description,
drawings and/or specifications furnished by the Contractor.
b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.
16. OVERSEAS ACTIVITIES
The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of
equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as
indicated below:
NOT OFFERED
Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available,
in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a
reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively
required for the fulfillment of the terms and conditions of this contract.
17. BLANKET PURCHASE AGREEMENTS (BPAs)
The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs
may be established with one or more schedule contractors. The number of BPAs to be established is within the
discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to
maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and
implementing BPA(s).
18. CONTRACTOR TEAM ARRANGEMENTS
Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective
contracts. This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each
contractor (team member) must report sales and remit the IFF for all products and services provided under its
individual contract.
i ��9 xil � NP FYrI ZKU W» I 1 Ry �
I certify that in accordance with 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), FAR 39.2, and
the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT)
Accessibility Standards (36 CFR 1194) General Services Administration (GSA), that all IT
hardware/software/services are 508 compliant:
Yes X
No
The EIT standard can be found at: www.Section508.gov/.
Page: 8
Quote no. 20197860
Q115U 1181*K00411:7SHto] ZU 791:1 7I�[ell a&]LIa:101:1 L1�3111»A63i371:IBill III ::
Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of
an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order
(a) A copy of the authorization from the ordering activity with whom the contractor has the prime
contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and
(b) The following statement:
This order is placed under written authorization from dated . In the event of any
inconsistency between the terms and conditions of this order and those of your Federal Supply
Schedule contract, the latter will govern.
21. SOFTWARE INTEROPERABILITY.
Offerors are encouraged to identify within their software items any component interfaces that support open standard
interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency -sponsored program or in an independent organization program. Interfaces
may be identified by
reference to an interface registered in the component registry located at http://www.core.gov.
22. ADVANCE PAYMENTS
A payment under this contract to provide a service or deliver an article for the United States Government may not be
more than the value of the service already provided or the article already delivered. Advance or pre -payment is not
authorized or allowed under this contract. (31 U.S.C. 3324)
TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF
Scientific Equipment and Services (SPECIAL ITEM NUMBER 627-1007)
1. MATERIAL AND WORKMANSHIP
All equipment furnished hereunder must satisfactorily perform the function for which it is intended
2. ORDER
Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket
purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this
contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to
meet the delivery and installation date specified in the original order.
For credit card orders and BPAs, telephone orders are permissible
3. TRANSPORTATION OF EQUIPMENT
FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope
of this contract.
�1�69/1�I��NPI1�UlIxy7I�IN71�y� ��/[yam:
a. INSTALLATION. When the equipment provided under this contract is not normally self -installable, the
Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to
install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The
charges, if any, for such services are listed below, or in the price schedule:
Cyq��1�69�1�A�INP
b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis -Bacon Act (40 U.S.C. 276a-
276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party
for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly
upon the site of the work shall
received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the
Davis -Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or
services. For example, the requirements do not apply to simple installation or alteration of a public building or
public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the
construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis -Bacon Act
applies.
The ordering activity issuing the task order against this contract will be responsible for proper administration and
enforcement of the Federal labor standards covered by the Davis -Bacon Act. The proper Davis -Bacon wage
determination will be issued by the ordering activity at the time a request for quotations is made for applicable
construction classified installation, de -installation, and reinstallation services under SIN 132-8 or SIN 132-9.
c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity
with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being
purchased.
5. INSPECTION/ACCEPTANCE
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The
ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The
ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price.
The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was
discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the
item, unless the change is due to the defect in the item.
6. WARRANTY
a. Unless specified otherwise in this contract, the Contractor's standard commercial warranty as stated in the
contract's commercial pricelist will apply to this contract.
Warranty Coverage
The limited warranty covers defects in materials and workmanship in our customers' brand
products or other products sold by FARO to the customer. All products sold by FARO will
include a of one year standard warranty under this contract. This warranty can be extended via
purchasing additional warranty coverage while in the warranty period.
b. The Contractor warrants and implies that the items delivered hereunder are merchantable and
fit for use for the particular purpose described in this contract.
c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the
Contractor will not be liable to the ordering activity for consequential damages resulting from
any defect or deficiencies in accepted items.
d. If inspection and repair of defective equipment under this warranty will be performed at the
Contractor's plant, the address is as follows:
FARO Arm and FARO Gage: 125 Technology Park, Lake Mary, FL 32746
FARO Laser Tracker and Focus 3D Scanner: 290 National Rd,Exton, PA 19341
7. PURCHASE PRICE FOR ORDERED EQUIPMENT
The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at
the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date
when installation is not applicable), whichever is less.
8. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering
work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer.
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Approve a resolution authorizing the City Manager to enter into a I nter-local Agreement between
the City of Anna and North Central Texas Council of Governments for the purposes of obtaining 9-
1-1 data for distribution to Hyper -Reach. (Chief Caponera)
SUMMARY:
This I LA allows the NCTCOG to release pertinent 9-1-1 data to the City of Anna and its third party
vendor - Hyper -Reach - for the purposes of establishing a baseline database for emergency
communications.
STAFF RECOMMENDATION:
Staff recommends approval of this resolution and I LA.
ATTACHMENTS:
Description Upload Date Type
Resolution 7/31 /2018 Resolution
EXHIBITA 7/31/2018 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
AN AGREEMENT BETWEEN THE CITY OF ANNA AND NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS (NCTCOG).
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it is in the best interest of the City to enter into that certain Inter -Local Agreement
which authorizes NCTCOG to release 9-1 -1 Telephone Data to the City of Anna and its
third -party vendor — Hyper -Reach — to establish an emergency database for emergency
notifications.
WHEREAS, the City Council finds that the aforementioned Agreement attached hereto
as EXHIBIT "A", is vital to support the City of Anna's Emergency Management Plan and
the Mission of the Anna Police and Fire Departments to preserve and protect the public
health and safety of the City's residents;
WHEREAS, the City Council desires to authorize the City Manager to execute the
above -referenced Agreement attached hereto as EXHIBIT "A", with NCTCOG. finds that
an agreement for Emergency Notification Services is vital to support the City of Anna's
Emergency Management Plan and the mission of the Anna Police and Fire
Department's to preserve and protect the public health and safety of the City's
residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement and authorizes the City Manager to
execute any associated documents necessary to consummate the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of August 2018.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RES. PAGE 1 of 1
CITY OF ANNA
INTERLOCAL AGREEMENT
FOR EMERGENCY SERIVCE NOTIFICATION
STATE OF TEXAS §
CITY OF ANNA
V
This Interlocal Agreement (Agreement) is entered into between the North Central Texas
Council of Governments (NCTCOG), and the City of Anna, Texas, political subdivisions of
the State of Texas, and herein referred to as (the City).
WHEREAS, the City have expressed interest in providing an emergency alerting
system to the citizens of their respective county, and;
WHEREAS, Hyper -Reach provides a service to assist municipalities and other
organizations in large scale telephone communications, and;
WHEREAS, it would be to the mutual benefit of the City to establish the City of Anna
Emergency Notification Service, and;
WHEREAS, upon request by the City, the North Central Texas Council of
Governments, through its 9-1-1 Program, has agreed to act as the liaison and serve as the
single point of contact between Hyper -Reach, the 9-1-1 Data Base provider and the City,
and;
WHEREAS, NCTCOG and the City believe that it is in their mutual interest to enter
into this Agreement, and;
WHEREAS, NCTCOG and the City agree to abide by all pertinent federal, state and
local laws and regulations;
2
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I.
The purpose of this Agreement is to establish the responsibilities of NCTCOG, the City
and all other participating entities (Participants) in regard to the implementation and use of
the City of Anna Emergency Notification Service.
ARTICLE II.
The term of this Agreement shall be for a period subsequent to the current 9-1-1 database
contract, and after the date of execution hereof subject to other termination rights of the
parties as established in this document. Either party may terminate this Agreement upon
thirty (30) days written notice to the other party.
ARTICLE III.
The cost for operation of the City of Anna Emergency Service Notification, to include
reasonable charges by and between Hyper -Reach and the 9-1-1 Data Base providers,
shall be the sole responsibility the City. Charges for activation of the system will be the
sole responsibility of the City and or Participants initiating the alerting event. NCTCOG
will not be liable for any costs incurred by the City or Participants associated with the City
of Anna Emergency Notification Service.
3
ARTICLE IV.
The City and all other Participants shall provide NCTCOG with the name or names and
contact information of the person or persons responsible for the City of Anna Emergency
Notification Service.
ARTICLE V.
Release of the data contained in the 9-1-1 data base is to be used for the purpose of
warning or alerting citizens regarding information in an emergency situation where
property or human life is in jeopardy and is to be maintained as confidential and not
subject to public inspection in accordance with Texas Health and Safety Code, Section
771.061 (a). It is not to be sold or provided in any way to any agency/business etc, but
is to be used for the sole purpose of protecting life and property.
ARTICLE VI.
This Agreement may only be amended by the mutual agreement of the parties' hereto in
writing and any amendments shall be attached to and incorporated into this Agreement.
ARTICLE VII.
In case any one or more of the provisions contained in this Agreement shall be held to be
invalid, illegal, or unenforceable in any respect, such validity, illegality or unenforceability
shall not affect any other provision thereof and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provision had never been contained herein.
IS1
ARTICLE Vill.
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the subject matter hereof, and no other
agreement, statement or promises relating to the subject matter of this Agreement which
is not contained herein shall be valid or binding.
EXECUTED by the City this day of
City of Anna
Bv:
Maurice Schwanke
Interim City Manager
North Central Texas Council of Governments
IS
Mike Eastland
Executive Director
.2018.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Authorize the City Manager to solicit bids for the 2018 Annual Street Rehabilitation Project.
(Joseph Johnson)
SUMMARY:
The current fiscal year budget includes funds for the annual rehabilitation of existing asphalt
streets. Staff has worked with our engineering group to develop plans for drainage improvements
to Easton, 4th, 3rd and 2nd streets including asphalt replacement for 4th and Easton streets. This
project was originally scheduled for 2017 but was delayed a year so that design could continue
and appropriate funding would be available to complete both the paving and the drainage
improvements.
The Project is expected to cost approximately $211,000. Funding is available for the project in
excess of this amount in the Capital Improvements - Streets line item. Additional streets may be
added to the project as an alternate bid.
STAFF RECOMMENDATION:
Staff recommends approval of this item authorizing the City Manager to solicit bids for the 2018
Annual Street Rehabilitation Project.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Approve a resolution approving the "Milam Addition" development plat. (Maurice Schwanke)
SUMMARY:
The development plat for your review is located within Anna's extra territorial jurisdiction and is
generally known as 9967 Twin Creeks Circle. The tract is in the Ezra Shelby Survey, Abstract No.
839 and contains 1.627 acres of land. The owner is filing the plat to approve the 10' x 25' building
and other additions to an existing structure that he already built on the property. The submittal
meets the City of Anna development plat requirements.
STAFF RECOMMENDATION:
Approve a resolution approving the "Milam Addition" development plat.
ATTACHMENTS:
Description
Location Map
Resolution
Development Plat
Upload Date Type
7/9/2018 Exhibit
8/7/2018 Resolution
7/9/2018 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MILAM
ADDITION" DEVELOPMENT PLAT"
WHEREAS, in order to provide for the orderly development of land within the Anna city
limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City
Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision
Regulations"); and
WHEREAS, William Milam has submitted an application for approval of the Milam
Addition development plat;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat.
The City Council hereby approves the Milam Addition development plat attached hereto
as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn
day of August 2018.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
5/8—INCH
IRON PIN FOUND
I I
I I 1
1
I 1 1
1 I GRACE N. MILAM HILL
I CLERK'S FILE NO.
1 20171011001361420
CARLOS A. MEJIA & I
I ROSA I. MEJIA I
I CLERK'S FILE NO.
1 20130214000209420
2.2' PROPERTY LINE T
1 I
3'7 /2—INCH BUILDING CORNER
1 i IRON PIN FOUND
I 1 7' PROPERTY LINE TO
BUILDING CORNER 0,1' BETWEE
1 1/2—INCH IRON PIN SET N 93-07'31' E 177•17
A 1/2—INCH IRON AND BUILDING CORNER
I I PIN BEARS FOUND
I \ 27.02'23' E 52.10'
S 83. FOUND
W
I I i SHE N 79�2�5� 3 2'
I
1/2—INCH� �
1 IRON PIN FOUND
1 BUILDING TO BE DEMOLISHE 35'
I I
JASONDEBR S. THOMPSONTHOMPSO & 1 ' EXISTING HOUSE
DEBRA C.'S FILE N . I . I
1 CLERK'S FILE NO. NNLAN 897 AWAM
1 20120927001220160 ail 6Yv" PINE Na
I2017101100IJ81410 PROPOSED 10'x25' BUILD
I I
I 1.627 ACRE
1 0
1 %ISTING i {�
I 1 Z MOBILE HOME
I 44,30'
30' R.O.W.
I _ _ RESERVATION,
75.3'1 m cn I
I N W I
W
J 57.5' m U
IV =
v�
80' ROAD & WATER
I ) i C1RCL LINE EASEMENT
VOLUME 1027, PAGE 88
CLIFTON GLENN HARDEN
/i ALICE C. HARDEN
VOLUME 2828
PAGE 640
1/2—INC ail
IRON PIN FOUND m OI NAI 1
FOUND i 1
I /8—INCH
IRON PIN FOUND
,� 236.87'
S 80.29'09'
�i
i
SANDRA J. WOOLSEY
I
TRACT 1
I
VOLUME 2844
/
S 73.05'02' W 9.92'
PAGE 189 1
1
I
/ /
I
SANDRA J. WOOLSEY
TRACT 2
I I
JAN E. THOMAS
VOLUME 2844
CLERK'S FILE NO.
I PAGE 189
20060119000075290
1 1
I I
I
I
JOSEPH P. MATHENEY & SARAH A. MATHENEY
CLERK'S FILE NO.
20150908001134400
FOUND
METAL
BUILDING
1/2—INCH IRON PIN FOUND
SOUTHEAST CORNER
1.672 ACRE TRACT
ARTHUR R PHILLIPS &
BONNIE L. PHILLIPS
VOLUME 2791
PAGE 675
OF
hi�"p� 8 TF;p•
BR'1lCE �R
p0 4117 rr:
367
SIT
DESCRIPTION 1.627 ACRE
SITUATED in the City of Anna, Collin Coady, Texas, in the Ezra Shelby survey, abstract no. 839, being a survey
of the 1.627 acre tract described in a deed from Grace N. WBam HII to William Wit Miami, recorded as clerk's file
no. 20171011001361410 of the Collin County deed records, being described by metes and bounds as folows:
BEGINNING at a 1/2—inch iron On found at the southeast comer of said 1.627 acre tract, at the extension of
Twin Creeks Circle from the north and southwest
THENCE westerly with the south Ina of said 1.627 acre tract and with said Twin Creels Circle as follows:
South 61'59'46' West 383.56 feet to a 60d nail found;
South 730602' West 9.92 feet to a 1/2—inch iron pin found at the southwest comer of said 1.627
acre tract -
THENCE North 0634'31' East, with the west line of said 1.627 acre tract, 31&11 feet to a 1/2—inch iron pin
set a 1/2—inch ion pin found bears South 8307'31' West, 0.75 foot;
THENCE North 63'0i3l' East, with the north ins of said 1.627 acre tract and a south line of the 1.573 acre
tract recorded as clerk's file no. 20171011001361420. 97.77 feet to a 1/2—inch iron On found at the
north—northeast comer of said 1.627 acre tract and the inside comer of said 1573 acre tract
THENCE South 2702'23' East, With an east rive of said 1.627 acre tract and a west line of said IS73 acre
tract, 5ZIO feel to a 1/2—inch iron pin found at the inside comer of said 1.627 acre tract and the
south—southwest comer of acid 1.573 acre tract;
THENCE North 792654' East, with a north line of said 1.627 acre tract and the south line of said 1.573 sae
tract 199.59 fed to a 1/2—inch iron On found at the northeast comer of said 1.627 acre tract and the southeast
comer of said 1.573 are tract same being in said Twin Creeks Cecl%
THENCE South 00064Y East, With the east ins of said 1.627 acre tract and With said Twin Cracks Circe,
135.47 feel to the PUCE OF BEGINNING and containing 1.627 acre.
The above described tract was surveyed on the ground and under my supervision.
Office work completed an July Z 2018
Bruce Geer
Registered Professional Land Surveyor, No. 4117
1101 W. University Drive(U.S. Highway 380)
McKinney. Texas 75069
972-562-3959
972-542-5751 fax
Bearing base and controlling morxmenb: Calculated Has beheen 'z' in concrete found at the intersection of Back
Wilow Trail and Walnut Way 'r in concrete found at the intersection of Block Maple Drive and Walnut Way as recorded
in plot of Oak Hallow Estates, phase 5 recorded in Won* P, page 966 of the Colin County plat records.
According to FEMA map no. 48085CO155J, dated 6-2-2OD9, the above described tract of land is not in the 100 year
flood plan.
I
VICINITY MAP
V=1000'
40 0 40 80
Scale- V = 40'
FIRM: BRUCE GEER, SURVEYOR
FIRM REGISTRATION / 10150700
OWNER: WILLIAM MILAM
9967 TWIN CREEKS CIRCLE
ANNA, TEXAS 75409
SURVEYOR: BRUCE GEER, R.P.LS. NO. 4117
1101 W. UNIVERSITY DRIVE
MCKINNEY, TEXAS 75069
PHONE 972-562-3959
FAX 972-542-5751
SITE ADDRESS: 9967 TWIN CREEKS CIRCLE
ANNA. TEXAS. 754M
DEVELOPMENT PLAT
MILAM
ADDITION
CITY OF ANNA
1.627 ACRE OF LAND LOCATED IN THE
EZRA SHELBY SURVEY, ABSTRACT NO. 839
COLLIN COUNTY, TEXAS
SHEET 1 OF 1
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Consider/Discuss/Act: Request City Council's consideration and any action regarding approval of
the application for participation in the Law Enforcement Support Office (LESO) Program with
Defense Logistics Agency and approval of the State Plan of Operations with the State of Texas to
allow the Police Department to utilize surplus military property at no cost to the City and authorize
the City Manager to execute same. (Chief Caponera)
SUMMARY:
The attached documents are required to update our agreement in the LESO program (formerly
known as 1033 program). The Chief and City Manager will need to sign the documents. This
annual renewal must be completed to continue our involvement in the program.
STAFF RECOMMENDATION:
Staff recommends approval.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/7/2018 Staff Report
Exhibit A 8/7/2018 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION
A RESOLUTION OF THE CITY OF ANNA, TEXAS GRANTING APPROVAL OF THE
APPLICATION FOR PARTICIPATION IN THE LAW ENFORCEMENT SUPPORT OFFICE
(LESO) PROGRAM WITH DEFENSE LOGISTICS AGENCY AND APPROVAL OF THE
STATE PLAN OF OPERATIONS WITH THE STATE OF TEXAS TO UTILIZE MILITARY
SURPLUS PROPERTY AT NO COST TO THE CITY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME.
WHEREAS, participation in the Law Enforcement Support Office (LESO) Program
(formerly known as 1033 Program) with Defense Logistics Agency allows the Anna Police
Department (Department) to acquire and use, at no cost to the City, surplus military
equipment in the furtherance of the Department's Mission; and
WHEREAS, the Secretary of Defense (Secretary) is authorized by 10 USC § 2576a to transfer
to State Law Enforcement Agencies, personal property that is excess to the needs of the
Department of Defense (DOD) and that the Secretary determines is suitable to be used by
such agencies in law enforcement activities, with preferences for counter -drug / counter-
terrorism or border security activities; and
WHEREAS, under the terms of the State Plan of Operations (Agreement), the Department will
acquire and retain excess equipment owned by the DOD for the purposes set forth in the
Agreement (Exhibit A); and
WHEREAS, the Council finds and determines that the Agreement furthers the Department's
Mission and the City's public purpose of protecting the health, safety and welfare of Anna's
citizens and the public; and
WHEREAS, the Council finds that the Agreement provides sufficient safeguards to assure that
all value provided by the City under the Agreement will be used solely for a public purpose;
and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The Council hereby approves the Application and Agreement attached hereto as Exhibit A
incorporated herein for all purposes and authorizes the City Manager to execute same on its
behalf.
RESOLUTION NO. PAGE 1 OF 2
AGREEMENT FOR LESO PROGRAM
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14t" day
of August, 2018.
ATTEST:
APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RESOLUTION NO.
AGREEMENT FOR LESO PROGRAM
PAGE 2OF2
DEFENSE LOGISTICS AGENCY
DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH FOR LESO USE ONLY
BATTLE CREEK, MICHIGAN 49037-3092
New Application
:t- Law Enforcement Support Office (LESO)
Application for Participation J Authorized Screeners Letter [] Updated Application
(This form is for State/Local Law Enforcement Agencies only
* indicates Required Fields Originating Agency Identifier (ORI) Number TX0432600
SECTION 1:
*AgencyName:`Ae artnna Police De Agency
__—LL!
I ..__...._._._.,._..N_a _.P,....... _....._......_._._ .....,...._ __ __ . _ __ .._..... _.
_. ..... _ _ w_
*Agency Physical Address [lb '1S Powell Parkway locity: °Anna
.._...
*State TX *zIp Code:75409,!Email:ijcaponera@annatexas.gov I*Phone #: g72 924-2848 `Fax#:
Agency MUST have at least 1 full-time officer to participate in the program. Indicate the number of compensated officers with arrest and apprehension
authority: _...1
*Full-time: 1 ] j*Part-time:
RTD Screener - RTD Screeners must be employed by the aforementioned LEA. Individuals Identified below may request access to act as an
authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTD Screener.
;Lieutenant Pete Copin
*#3 *Official Title / Rank *First Name *Last Name
pcopin@annatexas.gov ___..__.__. _.. 11214 831-5311 -._.
i
_._....-__..__._ ----- _ ....._ .__..._
*Email *Phone Number POC (Aircraft/Small Arms/Vehide)
;Sergeant ; Chad I lButler
#2 *Official Title / Rank *First Name k *Last Name
cbutler@annatexas.gov .... �_. 1972 924 2848
*Email *Phnna NI'mhar OnC1Airrrafk/tmn11 Arme/Vahirlal
`Officer
? Tracy
Foster
_
#3 *Official Title / Rank
*First Name
*Last Name
tfoster@annatexs.gov
i;1.214-831-5314_—�
;�
'EmaR
_ _
_ *Phone Number POC (Aircraft/Small Arms/Vehicle)
#4 *Offidal Title J Rank
*First Name
*Last Name
11 i
`
a
+
._.....,f
*Email
*Phone Number POC (Aircraft/small Arms/Vehicle)
I
!
#S *Official Title / Rank
*First Name
*Last Name
*Email
*Phone Number POC (Aircraft/Small Arms%Vehide)
#g *Official Title / Rank
*First Name
Name
'Email *Phone Number POC (Aircraft/Small Arms/Vehicle)
#7 *Official Title / Rank
*First Name
*Last Name
+
_
*Email
*Phone Number
POC (Aircraft/Small Arms/Vehicle)
## *Official Title / Rank
*First Name
_. 'Last Name
u*Phone
*Email
Number
POC (Aircraft/Small Arms/Vehicle)
Page 2 of 2 (Application Version: Oct 31, 2017)
SECTION 2:
RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY
Law Enforcement Agency%Activity - The LESO Program defines this as a Governmental agency whose primary function is the enforcement of applicable
Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension.
I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all information
;contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency
participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address
changes or 3. RTD Screener additions/deletions.
' rv•TI I am signing this document as the CLEO of this law enforcement agency,
*(Check only one):
In my official position or as Acting/Interim, I am authorized to sign documents on behalf of the CLEO for this agency,
If checked, please provide current department policy or Memorandum that provides such signature authority to the
individual holding that official position.
BY INITIALING THE BOX BELOW, LEA's CERTIFY THEY WILL COMPLY WITH 10 U.S. CODE 2576a FOR ALL CONTROLLED EQUIPMENT.
I certify with the authorization of the relevant local governing body or authority, that my agency has adopted publically available
protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use,
Initial Here including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment,
and appropriate use of controlled property.
By signing this application, I certify under penalty of perjury that the foregoing is true and correct.
Making a false statement may result In judicial actions or prosecution under 18 USC § 1001.
Chief of Police[Jeff A Ca onera i
dj
*TITLE *PRINTED NAME: FIRST & LAST *SIGNATURE
i jcaponera@annatexas.gov E08/06/20181
_ _ _.._ .
*EMAIL __..... *DATE
SECTION 3:
1
RESERVED FOR STATE COORDINATORS OFFICE USE ONLY
As the State Coordinator/ State Point of Contact it has been determined that the agency meets the definition of a "Law Enforcement
Agency/Activity" as described in section 2. 1 certify that all information contained in this application is valid and accurate.
Mike Lesko
QED NAME FIRST & LAST *SIGNATURE D�—
RESERVED FOR LESO USE ONLY
NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in
accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). In accordance with the aforementioned reference, the LESO Program authorizes the
individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized
screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by
authorized LESO signatory. Only two individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened
and approved for transfer.
This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC:
*LESO Authorized Signatory:
*SIGNATURE
LESO Notes:
*Screener letter is valid one year from this date:
page 2 of 2 (Applicotion Version: Oct 31, 2017)
STATE PLAN OF OPERATIONS
BETWEEN THE STATE OF
TEXAS
AND THE
ANNA POLICE DEPARTMENT
I. PURPOSE
This State Plan of Operation (SPO) is entered into between the State of Texas and the (LEA
name) Anna Police Department _ , to set forth the terms and conditions
which will be binding on the parties with respect to excess Department of Defense (DOD)
personal property transferred pursuant to 10 USC § 2576a in order to promote the efficient and
expeditious transfer of property and to ensure accountability of the same.
II. AUTHORITY
The Secretary of Defense is authorized by 10 USC § 2576a to transfer to State Law
Enforcement Agencies, personal property that is excess to the needs of the DOD and that the
Secretary determines is suitable to be used by such agencies in law enforcement activities, with
preferences for counter -drug / counter -terrorism or border security activities, under such terms
prescribed by the Secretary. The authorities granted to the Secretary of Defense have been
delegated to the Defense Logistics Agency (DLA) in determining whether property is suitable
for use by agencies in Law Enforcement Activities (LEAS). DLA defines law enforcement
activities as activities performed by governmental agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement officers have powers of arrest and apprehension. This program is also known as
the "1033 Program" or the "LESO Program" and is administered by DLA Disposition
Services, Law Enforcement Support Office (LESO).
III. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Governor of the State of Texas has designated in writing with an effective date of August 26,
2015 to implement this program statewide as well as conduct management and oversight of this
program. Funding / Budgeting to administer this program are provided by the Texas Department
of Public Safety.
The provided funding is used to support assistance to the LEAs with customer service to include
Version June, 2018
computer / telephone assistance and physical visits to the LEAs to assist with acquiring access to
the LESO Program. The staffing to provide the support to the LEAs within the State of Texas is
as follows:
State Coordinator (SC): Mike Lesko
State Point of Contact (SPOC): Rolando Ayala
State Point of Contact (SPOC): Laurie Patterson
State Point of Contact (SPOC): John Riddick
The following is the facility / physical location and business hours to provide customer service to
those LEAs currently enrolled, as well as interested participants of the LESO Program:
Agency Address / Location: 5805 N Lamar Blvd Austin, Texas 78752
EMAIL / Contact Phone Numbers: TxLESOProgram,c dys.texas.gov 512-424-7590
Hours of Operation: 7AM — 5PM
B. The DLA LESO has final authority to determine the type, quantity, and location of excess
DOD personal property suitable for law enforcement activities, if any, which will be transferred to
the (LEA name) Anna Police Department
C. This agreement creates no entitlement to the LEA to receive excess DOD personal property.
D. The (LEA name) Anna Police Department understands that property made
available under this agreement is for the use of authorized program participants only. Property
may not be obtained for any individual, organization, or agency that has not been approved as a
participant in the LESO Program. All requests for property must be based on bona fide law
enforcement requirements. Property will not be obtained by any authorized participant for the
purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan.
E. Controlled property (equipment) includes any property that has a demilitarization (DEMIL)
Code of B, C, D, F, G, and Q3. DLA LESO mandates that the following items be treated as
controlled property:
1) Manned Aircraft, fixed or rotary wing
2) Unmanned Aerial Vehicles
3) Wheeled Armored Vehicles
4) Specialized Firearms and Ammunition Under .50 Cal (excluded firearms and
ammunition for service -issued weapons)
5) Explosives and Pyrotechnics
2
Version June, 2018
F. LEAs that request items in Paragraph E above must provide all required information outlined
on the LESO request form. Among other specific requirements identified in these documents,
LEAs will be required to certify and submit a detailed written justification with a clear and
persuasive explanation of the need for the property and the law enforcement purposes it will
serve.
G. The (LEA name) Anna Police Department
must maintain and enforce
regulations designed to impose adequate security measures for controlled property to mitigate the
risk of loss or theft.
H. Under no circumstances will controlled property be sold or otherwise transferred to non-U.S.
persons, or exported. All transfers must be approved by the State and DLA Disposition Services
LESO.
I. Cannibalization requests for controlled property must be submitted in writing to the State,
with final approval by the LESO. The LESO will consider cannibalization requests on a case -by -
case basis.
J. The LESO conditionally transfers all excess DOD property to States / LEAs enrolled in the
LESO Program. Title or ownership of controlled property will remain with the LESO in
perpetuity and will not be relinquished to the LEAs. When the LEA no longer has legitimate law
enforcement uses for controlled property, the,, LEA must notify the State, who will then notify the
LESO, and the controlled property must either be transferred to another enrolled LEA (via standard
transfer process) or returned to DLA Disposition Services for disposal. The LESO reserves the
right to recall controlled and non -controlled property issued through the LESO Program at any
time.
K. Property with a DEMIL Code of "A" and "Q6" is also conditionally transferred to the LEA.
However, after one year from the Ship Date, the LESO will relinquish ownership and applicable
title to the LEA. Prior to this date, the State and LEA remains responsible for the accountability
and physical control of the item(s) and the LESO retains the right to recall the property.
Applicable title and/or ownership will not be relinquished to any property with DEMIL Code of
"Q6" that is controlled property identified in Paragraph III E.
Version June, 2018
1) rProperty with DEMIL Code of "A" and "Q6" will automatically be placed in an
archived status on the LEAS property book upon meeting the one year mark.
2) rOnce archived, the property is no longer subject to annual inventory requirements
and will not be inventoried during a LESO Program Compliance Review (PCR).
3) rOwnership and/or applicable title of DEMIL "A" and/or "Q6" items that have
been archived will pass automatically from the LESO to the LEA when they are
archived at the one year mark (from Ship Date) without issuance of any further
documentation.
4) rLEAs receive ownership and/or applicable title of DEMIL "A" and/or "Q6"
items as governmental entities. Title and ownership of DEMIL "A" property does
not pass from DOD to any private individual or LEA official in their private
capacity. Accordingly, such property should be maintained and ultimately
disposed of in accordance with provisions in State and local law that govern
public property. Sales or gifting of DEMIL "A" and/or "Q6" property after the
one year mark in a manner inconsistent with State or local law may constitute
grounds to deny future participation in the LESO Program.
L. The LEAS are not authorized to transfer controlled property or DEMIL Code "A" or "Q6"
property assigned to their inventory without LESO notification and approval. Property will
not physically move until the State and LESO approval process is complete.
IV. ENROLLMENT
A. An LEA must have at least one full-time compensated law enforcement officer in order to
enroll and/or receive property via the LESO Program. Only full-time and part-time law
enforcement officers are authorized to receive property. Reserve officers are not authorized to
receive property.
1) rThe LEA shall submit an updated Application Packet to the State Coordinator's
office no later than September 1 each year and/or any time there is a change in
personnel or LEA contact information. Failure to do so may result in suspension
and/or termination from the program.
2) rOnce approved for participation in the program, at least one of the LEA's authorized
screeners must attend a mandatory training class prior to any requests for property
being approved. The class will be conducted free of charge to the LEA and will be
held at a location determined by the State Coordinator's office.
3) rLEA transfer of responsibility — program property assigned to the LEA. A change in
the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish
responsibility from the LEA for properly maintaining existing program property in
the LEA's possession. If the new CLEO does not wish to be responsible for existing
property, they shall notify the State Coordinator's office in writing that they wish to
return the equipment to the nearest Disposition Site or transfer it to a qualifying
LEA. The new CLEO remains responsible for existing property until the property is
officially transferred or returned.
4
Version June, 2018
B. The State shall:
1) Implement LESO Program eligibility criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State signs.
2) rReceive and process applications for participation from LEAS currently
enrolled and those LEAS that wish to participate in the LESO Program.
3) rReceive and recommend approval or disapprove LEA applications for
participation in the LESO Program. The State Coordinators have sole discretion
to disapprove LEA applications on behalf of the Governor of their State. The
LESO should be notified of any applications disapproved at the State Coordinator
level. The State Coordinator will only forward and recommend certified LEAS to
the LESO that are government agencies whose primary function is the
enforcement of applicable Federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. The LESO retains final
approval / disapproval authority for all LEA applications forwarded by State
Coordinators.
4) rEnsure LEAS enrolled in the LESO Program update the LEAS account information
annually (accomplished during the FY Annual Inventory in the Federal Excess
Property Management Information System [FEPMIS]).
5) tBrovide a comprehensive overview of the LESO Program to all LEAS once they
are approved for enrollment. This comprehensive overview must be done within
thirty (30) days and include, verbatim, the information contained in
Paragraph III E of this SPO.
6) rEnsure that screeners of property are employees of the LEA. Contractors may
not conduct screening on behalf of the LEA.
7) rEnsure that at least one person per LEA maintains access to the FEPMIS.
Account holders must be employees of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participating LEA
within is required to conduct an annual inventory certification of controlled property, which
includes DEMIL "A" and "Q6" for one (1) year from Ship Date. Annual inventories start on
October 1 of each year and end November 15 of each year.
B. The State shall:
1) rReceive, validate, and reconcile incoming certified inventories from the LEAS.
2) nEnsure LEAS provide serial numbers and photos identified during the annual
inventory process for inclusion in the LESO property accounting system for all
controlled property identified in Paragraph III E, small arms and other unique
Version June, 2018
items as required.
3) Suspend the LEA as a result of the LEAs failure to properly conduct and/or certify
and submit certified inventories, according to the aforementioned requirements.
C. The LEA shall:
1) hComplete the annual physical inventory as required.
2) hProvide serial numbers and photos identified in the annual inventory process for
inclusion in the LESO property accounting system for all controlled property
identified in Paragraph III E, small arms and other unique items, as required.
3) hCertify the accountability of all controlled property received through the LESO
Program annually by conducting and certifying the physical inventory. The LEA
must adhere to additional annual certification requirements as identified by the LESO.
a. hThe State requires each LEA to submit certified inventories for their Agency
by November 15 of each year. The Fiscal Year (FY) is defined as October 1
through September 30 of each year. This gives the LEA nearly two (2) months
to physically inventory LESO Program property in their possession and submit
their certified inventories to the State Coordinators.
(1) The LESO requires a front or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received through the LESO Program.
(2) The LESO requires serial number photos for each small arm
received through the LESO Program.
b. hThe LEAs failure to submit the certified annual inventory by November 15 may
result in the agency being suspended from operations within the LESO
Program. Further failure to submit the certified annual inventory may result in
a LEA termination.
4) hBe aware that High Profile Commodities (Aircraft, Tactical Vehicles and Small
Arms) and High Awareness (controlled) property are subject to additional controls.
VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a Program Compliance Review (PCR) for each State that is enrolled in
the LESO Program every two (2) years. The LESO reserves the right to require an annual PCR,
or similar inspection on a more frequent basis for any State. The LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Insi actions and
Version June, 2018
Manuals, and the DLA MOA signed by the State.
1) rIf a State and/or LEA fails a PCR, the LESO will immediately suspend their
operations and will subsequently issue corrective actions (with suspense dates)
to the State Coordinator, which will identify what is needed to rectify the
identified deficiencies within the State and/or LEA,
2) rif a State and/or LEA fails to correct identified deficiencies by the given suspense
dates, the LESO will move to terminate the LESO Program operations within the
State and/or LEA.
B. The State shall:
1) Support the LESO PCR process by:
a. nContacting LEAs selected for the PCR review via phone and/or email to
ensure they are aware of the PCR schedule and prepared for review.
b. nReceiving inventory selection from the LESO. The LEA POCs shall gather
the selected items in a centralized location to ensure that the LESO can
efficiently inventory the items.
c. nProviding additional assistance to the LESO as required, prior to and during
the course of the PCR.
2) nConduct internal Program Compliance Reviews of LEAs participating in the LESO
Program in order to ensure accountability, program compliance and validate annual
inventory submissions are accurate. The State Coordinator must ensure an internal
PCR of at least 5% of LEAs that have a property book from the LESO Program
within his / her State is completed annually, This may result in a random review of
all or selected property at the LEA.
a. nThe internal PCR will include, at minimum:
(1) A review of each selected LEAs LESO Program files.
(2) A review of the signed State Plan of Operation (SPO).
(3) A review of the LEA application and screener's letter.
(4) A physical inventory of the LESO Program property at each
selected LEA.
(5) A specific review of each selected LEAs files for the following:
DD Form 1348-1A for each item currently on inventory, small arms
documentation, transfer documents, turn -in documents, inventory
adjustment documents, exception to policy letters (if any), approved
cannibalization requests (if any), and other pertinent documentation as
Version June, 2018
required.
b. dThe State and/or LEA will bear all expenses related to the repossession
and/or turn -in of LESO Program property to the nearest DLA Disposition
Services site.
VII. STATE PLAN OF OPERATION (SPO)
A. The State shall:
I) Identify, establish, and issue minimum criteria to be included in the SPO for the
State and each participating LEA.
2) cEstablish a State Plan of Operation, developed in accordance with Federal and
State law, and conforming (at minimum) to the provisions of the DLA Instruction
and Manuals and the DLA MOA.
a. dThe SPO will include detailed organizational and operational authority
including: staffing, budget, facilities, and equipment that the State believes
is sufficient to manage the LESO Program within their State.
b. dThe SPO must address procedures for making determinations of LEA
eligibility, allocation, and equitable distribution of material, accountability
and responsibility concerning excess DOD personal property, inventory
requirements, training and education, State -level internal Program
Compliance Reviews (PCR), and procedures for turn -in, transfer, and
disposal.
2) dEnter into written agreement with each LEA, via the LESO approved State Plan of
Operation, to ensure the LEA fully acknowledges the terms, conditions, and
limitations applicable to property transferred pursuant to this agreement. The State
Plan of Operation must be signed by the Chief Law Enforcement Official (CLEO),
or assigned designee of the respective LEA, the local Civilian Governing Body
Official and the current State Coordinator.
3) Request that the LESO Suspend or Terminate an LEA(s) from the LESO Program
when an LEA fails to comply with any term of DLA MOA, the DLA Instruction
and Manuals, any Federal statute or regulation, or the State Plan of Operation.
VIII. REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED
OR DESTROYED LESO PROGRAM PROPERTY
A. All property Lost, Missing, Stolen, (LMS) damaged, or destroyed carried on a LEA's current
inventory must be reported to the LESO.
I) dControlled property must be reported to the State and the LESO within twenty-four
(24) hours. The aforementioned property may require a police and National Crime
Information Center (NCIC) report submitted to the LESO.
Version June, 2018
2) Property with a DEMIL Code of "A" and "Q6" must be reported to the State and
the LESO within seven (7) days.
3) QAll reports are subject to review by the DLA Office of the Inspector General
(OIG).
B. LESO may grant extensions to the reporting requirements listed above on a case -by -case
basis.
IX. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled property, regardless of DEMIL Code. Aircraft may
not be sold and must be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subsequent users are aware of and agree to provide all
required controls and documentation in accordance with applicable laws and regulations for
these items.
B. LEAs no longer requiring small arms issued through the LESO Program must request
authorization to transfer or turn -in small arms. Transfers and turn -ins must be forwarded and
endorsed by the State Coordinator's office first, and then approved by the LESO. Small Arms
will not physically transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custody, with the chain of
custody including a signature of the receiving officer indicating that he / she has received the
appropriate small arm(s) with the correct, specific serial number(s). Small Arms that are issued
to an officer will be issued utilizing an Equipment Custody Receipt (ECR); this Custody Receipt
obtains the signature of the officer responsible for the small arm.
X. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records
in accordance with the DLA Records Schedule. Records for property acquired through the LESO
Program have retention controls based on the property's DEMIL Code. All documents
concerning a property record must be retained.
1) Property records for items with DEMIL Code of "A" and "Q6" must be retained for
two (2) calendar years from the date the property is removed from the LEA's
property book before being destroyed.
2) Property records for controlled property must be retained for five (5) calendar years
from the date the property is removed from the LEA's property book before being
destroyed.
3) Environmental Property records must be retained for fifty (50) years, regardless of
DEMIL Code (Chemicals, Batteries, Hazardous Material / Hazardous Waste).
4) LESO Program files must be segregated from all other records. o
Version June, 2018
5) 'All property records must be filed, retained, and destroyed in accordance with DLA
Records Schedule. These records include, but are not limited to, the following:
DD Form 1348-1A, requests for transfer, turn -in, or disposal, approved Bureau of
Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application
(AC 8050-1) and any other pertinent documentation and/or records associated with
the LESO Program.
XI. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 380 provides that the Secretary of Defense, in cooperation with the U.S. Attorney
General, shall conduct an annual briefing of law enforcement personnel of each state. The briefing
will include information on training, technical support, equipment, and facilities that are available
to civilian law enforcement personnel from the Department of Defense.
B. The State shall organize and conduct training pertaining to information, equipment, technical
support and training available to LEAS via the LESO Program.
C. The State shall ensure at least one representative (i.e. the State Coordinator or SPOC) attend
the annual training that the LESO conducts.
XII. PROPERTY ALLOCATION
A. The State Shall:
1) 'Provide the LEA with a website that will afford timely and accurate guidance,
information, and links for all LEAS who work, or have an interest in, the LESO
Program.
2) Upon receipt of a valid State / LEA request for property through the DLA
Disposition Services RTD website, a preference will be given to those applications
indicating that the transferred property will be used in the counter -drug, counter-
terrorism, or border security activities of the recipient agency. Additionally, to the
greatest extent possible, the State will ensure fair and equitable distribution of
property based on current LEAs inventory and justification for property.
3) 'The State and the LESO reserve the right to determine and/or adjust allocation limits.
Generally, no more than one of any item per officer will be allocated to an LEA.
Quantity exceptions may be granted on a case -by -case basis by the LESO.
Currently, the following quantity limits apply:
a. ' Small Arms: one (1) type for each qualified officer, full-time / part-time;
b. ' HMMWWs: one (1) vehicle for every three (3) officers;
c. ' MRAPs: one (1) vehicle per LEA.
4) 'The State and the LESO reserve final authority on determining the approval and/or
disapproval for requests of specific types and quantities of excess DOD property.
10
Version June, 2018
B. The LEA shall: Y
1) Ensure an appropriate justification is submitted when requesting excess DOD
property via the LESO Program and will ensure LESO Program property will be
used for the law enforcement activity and for law enforcement purposes only within
his / her State and agency.
2) When requesting property, provide a justification to the State and the LESO on how
the requests for property will be used in counter -drug, counter -terrorism, or border
security activities of the recipient agency. Additionally, the LEA should be fair and
equitable when making requisitions based on current LEA inventory and the
justification for property. Generally, no more than one of any item per officer will
be allocated.
3) )Ensure screeners of property are employees of the LEA. Contractors may not
conduct screening on behalf of the LEA.
4) )Obtain access to FEPMIS to ensure the property book is properly maintained, to
include but not limited to transfers, turn -ins, and disposal requests and to generate
these requests at the LEA level and forward all approvals to the State for action.
5) )Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be employees of the LEA.
XIII. PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are required to abide by the terms and conditions of the DLA MOA in
order to maintain active status.
B. The State shall:
1) )Suspend LEAS for a minimum of sixty (60) days in all situations relating to the
suspected or actual abuse of LESO Program property or requirements and/or
repeated failure to meet the terms and conditions of the DLA MOA. Suspension
may lead to TERMINATION.
2) )The State and/or the LESO have final discretion on reinstatement requests.
Reinstatement to full participation from a suspension and/or termination is not
automatic.
3) )In coordination with the LESO, issue corrective action guidance to the LEA with
suspense dates to rectify issues and/or discrepancies that caused suspension and/or
termination.
4) Require the LEA to submit results regarding all completed police investigations
and/or reports regarding lost, missing, stolen and/or damaged LESO Program
property, to include the LEAS Corrective Action Plan (CAP).
11
Version June, 2018
5) Suspend or terminate an LEA from the LESO Program if an LEA fails to comply
with any term of the DLA MOA, the DLA Instruction and Manuals, any Federal
statute or regulation, or the State Plan of Operation.
a. [ In the event of an LEA termination, the State Coordinator will make every
attempt to transfer the LESO Program property of the terminated LEA to an
authorized State or LEA, as applicable, prior to requesting a turn -in of the
property to the nearest DLA Disposition Services location.
b. [ In cases relating to an LEA termination, the LEA will have ninety (90) days
to complete the transfer or turn -in of all LESO Program property in their
possession.
C. [The LEA shall:
1) Notify the State Coordinator's office and initiate an investigation into any
questionable activity or actions involving LESO property issued to the LEA that
comes to the attention of the CLEO, and is otherwise within the authority of the
Governor / State to investigate. LEAs must understand that the State Coordinators,
acting on behalf of their Governor, may revoke or terminate their concurrence for
LEA participation in the LESO Program at any time, and for any reason.
2) [Understand that the State may suspend LEA(s) and/or LEA POC(s) from within their
State, based upon their findings during internal Program Compliance Reviews and/or
spot checks at the State level.
3) [Initiate corrective action to rectify suspensions and/or terminations placed upon the
LEA for failure to meet the terms and conditions of the LESO Program.
4) [Be required to complete and submit results regarding all completed police
investigations and/or reports regarding lost, missing, stolen and/or damaged LESO
Program property. The LEA must submit all documentation to the State and the
LESO upon receipt.
5) [Provide documentation to the State and the LESO when actionable items are
rectified for the State and/or LEA(s).
6) [The LEAs Chief Law Enforcement Official must request reinstatement as required,
via the State Coordinator or SPOC(s), to full participation status at the conclusion of
a suspension period.
XIV. COSTS & FEES
1) [All costs associated with the transportation, turn -in, transfer, repair, maintenance,
insurance, disposal, repossession or other expenses related to property obtained
through the LESO Program is the sole responsibility of the LEA. In the event an
agency is dissolved or disbanded and no civilian governing body exists, the costs
12
Version June, 2018
associated with the transportation and turn -in of all property in the possession of the
dissolved or disbanded LEA then becomes responsibility of the State.
XV. NOTICES
Any notices, communications, or correspondence related to this agreement shall be provided by E-
mail, the United States Postal Service, express service, or facsimile to the State Coordinators office
or cognizant DLA office. The LESO may, from time to time, make unilateral modifications or
amendments to the provisions of this SPO. Notice of these changes will be provided to State
Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO
in accordance with Section XVIII, such modifications or amendments will become binding. In
such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator
to conform changes affecting their operations.
XVI. ANTI -DISCRIMINATION
A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State
pledges that it and each LEA agrees to comply with applicable provisions of the following
national policies prohibiting discrimination:
1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of
1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Part 195.
2) gOn the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as
implemented by Department of Health and Human Services regulations in 45 CFR
Part 90.
3) gOn the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-
112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29
USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41
and DOD regulations at 32 CFR Part 56.
B. These elements are considered the minimum essential ingredients for establishment of a
satisfactory business agreement between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
The LEA is required to maintain adequate insurance to cover damages or injuries to persons or
property relating to the use of property issued under the LESO program. Self-insurance by the LEA
is considered acceptable. The U.S. Government and the Texas Department of Public Safety
assumes no liability for damages or injuries to any person(s) or property arising from the use of
property issued under the LESO program. It is recognized that State and local law generally limit
or preclude State Coordinators / LEAs from agreeing to open-ended indemnity provisions.
However, to the extent permitted by State and local laws, the LEA shall indemnify and hold the
U.S. Government and the Texas Department of Public Safety harmless from any and all actions,
claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on
account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or
disabilities to, or death of any and all persons whatsoever, including members of the general
13
Version June, 2018
public, or to the property of any legal or political entity including states, local and interstate
bodies, in any manner caused by or contributed to by the LEA, its agents, servants, employees, or
any person subject to its control while the property is in the possession of, used by, or subject to
the control of the LEA, its agents, servants, or employees after the property has been removed
from U.S. Government control.
XVIII. TERMINATION
A. This SPO may be terminated by either party, provided the other party receives thirty (30) days'
notice, in writing, or as otherwise stipulated by Public Law.
B. The undersigned State Coordinator, Chief Law Enforcement Official and Civilian Governing
Body Official hereby agree to comply with all provisions set forth herein and acknowledge that
any violation of the terms and conditions of this SPO may be grounds for immediate termination
and possible legal consequences, to include pursuit of criminal prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last
date written below.
Jeff A. Caponera / Chief of Police
Type / Print Chief Law Enforcement Official Name
(Chief, Sheriff, Constable etc)
Chief Law Enforcement Official Signature Date (MM/DD/YYYY)
Maurice Schwanke / Interim City Manager
Type/Print Civilian Governing Body Authorized Official
(Mayor, City Manager, County Judge etc)
CGB Authorized Official Signature
Mike Lesko
Type / Print State Coordinator Name
State Coordinator Signature
14
Date (MM/DD/YYYY)
Date (MM/DD/YYYY)
Version June, 2018
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Approve a resolution authorizing the City Manager to enter into an I nter-Local Agreement for
Cooperative Purchasing with the City of Desoto, Texas for the purchase of the police records
management solution (Chief Caponera).
SUMMARY:
The police department received grant funding in the amount of $139,427.00 to purchase a new
records management solution to replace its existing antiquated system (CrimeStar). The Police
Department RMS committee looked at several options and determined that the solution by
Zuercher Technologies would be the best option.
The City of Desoto recently purchased the solution through Zuercher Technologies through their
competitive bid process. The Police Department contacted the City of Desoto
purchasing/finance and they agreed to allow Anna to "piggy back" on their existing contract through
a cooperative purchasing I LA as authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271 of the Texas Local Government Code, specifically Section 271.102.
This request helps further the City's Strategic Plan of creating collaborative partnerships with other
entities and by promoting fiscal responsibility and transparency.
The I LA has been reviewed by the City Attorney and was approved as to form.
STAFF RECOMMENDATION:
Staff recommends approval.
Ijif_Ta:hTJEli, k&5
Description Upload Date Type
Resolution 8/8/2018 Staff Report
Exhibit A 8/8/2018 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
ANNA AND CITY OF DESOTO, TEXAS FOR COOPERATIVE PURCHASING AS
AUTHORIZED BY SECTION 271.102 OR THE TEXAS LOCAL GOVERNMENT
CODE.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it is in the best interest of the City to enter into that certain Inter -Local Agreement
for Cooperative Purchasing with the City of Desoto, Texas, which authorizes the Anna
Police Department (Department) to purchase a records management solution through
Zuercher Technologies using the City of Desoto's contract pricing; and
WHEREAS, the City Council finds that the aforementioned Agreement attached hereto
as EXHIBIT "A", is vital to support the Department's Mission and the City of Anna's
Strategic Plan with regard to cooperative agreements and transparency; and
WHEREAS, the City Council desires to authorize the City Manager to execute the
above -referenced Agreement attached hereto as EXHIBIT "A", with the City of Desoto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement and authorizes the City Manager to
execute any associated documents necessary to consummate the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of Au ust 2018.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RES. PAGE 1 of 1
Inter -Local Agreement for Cooperative Purchasing
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DALLAS §
This Inter -local Cooperation Agreement ("Agreement") is by and between the City of
Desoto, Texas ("DeSoto"), and the undersigned Local Governments of the State of Texas,
namely the City of Anna, Texas ("Anna"), acting by and through their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code
and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEx. Loc. Gov'T CODE authorizes a local government
to participate in a Cooperative Purchasing Program with another local government of this state or
another state or a local cooperative organization of this state or another state; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program, with another local government, satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods, services and materials;
and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will
allow each party to purchase goods and services under each other's competitively bid contracts
pursuant to Subchapter F of the Texas Local Government Code and satisfies any state law requiring
the local government to seek competitive bids for the purchase of the goods or service;
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program between
the parties, which will allow each party to purchase goods and services under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE.
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the last
date of execution hereof August 14, 2018. Thereafter, this Agreement shall automatically renew
Inter Local Agreement for Cooperative Purchasing
72873
for successive periods of one (1) year each under the terms and conditions stated herein, unless
sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior written
notice to the other party.
ARTICLE IV
PURCHASING
The City Manager or other designee for each party is authorized to act on behalf of the
respective party in all matters relating to this cooperative purchasing program. Each party shall
make payments to the other party or directly to the vendor under the contract made pursuant to
Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE. Each party shall be responsible for the
respective vendor's compliance with provisions relating to the quality of items and terms of
delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand -delivery or facsimile transmission addressed to the respective party at the
address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both
parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
5.5 Entire Agreement: This Agreement represents the entire agreement among the parties with
respect to the subject matter covered by this Agreement. There is no other collateral, oral or written
agreement between the parties that in any manner relates to the subject matter of this Agreement.
5.6 Recitals: The recitals to this Agreement are incorporated herein.
Inter Local Agreement for Cooperative Purchasing
72873
5.7 Counterparts: This Agreement may be executed in any number of counterparts, each of
whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this day of 12018.
ATTEST:
UOIN
Kisha Morris, City Secretary
APPROVED AS TO FORM
Joseph J. Gorfida Jr., City Attorney
CITY OF DESOTO, TEXAS
Tarron J. Richardson, Ph.D., City Manager
211 E. Pleasant Run Road, Suite A
DeSoto, Texas 75115
CITY OF DESOTO, TEXAS
Seal
Inter Local Agreement for Cooperative Purchasing
72873
EXECUTED this day of , 2018.
ATTEST:
LIM
Carrie Smith, City Secretary
CITY OF ANNA, TEXAS
IRA
Maurice Schwanke, Interim City Manager
101 S. Powell Parkway
Anna, Texas 75409
FOR CITY OF ANNA, APPROVED AS TO FORM
Clark McCoy, City Attorney
CITY OF ANNA, TEXAS
Seal
Inter Local Agreement for Cooperative Purchasing
72873
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.h.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Consider/Discuss/Act: On a resolution authorizing the City Manager to enter into an I nter-Local
Agreement for Cooperative Purchasing with the City of Desoto, Texas for the purchase of the
police records management solution (Chief Caponera).
SUMMARY:
The police department received grant funding in the amount of $139,427.00 to purchase a new
records management solution to replace its existing antiquated system (CrimeStar). The Police
Department RMS committee looked at several options and determined that the solution by
Zuercher Technologies would be the best option.
The City of Desoto recently purchased the solution through Zuercher Technologies through their
competitive bid process. The Police Department contacted the City of Desoto
purchasing/finance and they agreed to allow Anna to "piggy back" on their existing contract through
a cooperative purchasing I LA as authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271 of the Texas Local Government Code, specifically Section 271.102.
This request helps further the City's Strategic Plan of creating collaborative partnerships with other
entities and by promoting fiscal responsibility and transparency.
The I LA has been reviewed by the City Attorney and was approved as to form.
STAFF RECOMMENDATION:
Staff recommends approval.
Ijif_Ta:hTJEli, k&5
Description Upload Date Type
Resolution 8/8/2018 Staff Report
Exhibit A 8/8/2018 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
ANNA AND CITY OF DESOTO, TEXAS FOR COOPERATIVE PURCHASING AS
AUTHORIZED BY SECTION 271.102 OR THE TEXAS LOCAL GOVERNMENT
CODE.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined
that it is in the best interest of the City to enter into that certain Inter -Local Agreement
for Cooperative Purchasing with the City of Desoto, Texas, which authorizes the Anna
Police Department (Department) to purchase a records management solution through
Zuercher Technologies using the City of Desoto's contract pricing; and
WHEREAS, the City Council finds that the aforementioned Agreement attached hereto
as EXHIBIT "A", is vital to support the Department's Mission and the City of Anna's
Strategic Plan with regard to cooperative agreements and transparency; and
WHEREAS, the City Council desires to authorize the City Manager to execute the
above -referenced Agreement attached hereto as EXHIBIT "A", with the City of Desoto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Agreement and authorizes the City Manager to
execute any associated documents necessary to consummate the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of Au ust 2018.
ATTEST: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
RES. PAGE 1 of 1
Inter -Local Agreement for Cooperative Purchasing
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DALLAS §
This Inter -local Cooperation Agreement ("Agreement") is by and between the City of
Desoto, Texas ("DeSoto"), and the undersigned Local Governments of the State of Texas,
namely the City of Anna, Texas ("Anna"), acting by and through their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code
and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEx. Loc. Gov'T CODE authorizes a local government
to participate in a Cooperative Purchasing Program with another local government of this state or
another state or a local cooperative organization of this state or another state; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program, with another local government, satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods, services and materials;
and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will
allow each party to purchase goods and services under each other's competitively bid contracts
pursuant to Subchapter F of the Texas Local Government Code and satisfies any state law requiring
the local government to seek competitive bids for the purchase of the goods or service;
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program between
the parties, which will allow each party to purchase goods and services under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE.
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the last
date of execution hereof August 14, 2018. Thereafter, this Agreement shall automatically renew
Inter Local Agreement for Cooperative Purchasing
72873
for successive periods of one (1) year each under the terms and conditions stated herein, unless
sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior written
notice to the other party.
ARTICLE IV
PURCHASING
The City Manager or other designee for each party is authorized to act on behalf of the
respective party in all matters relating to this cooperative purchasing program. Each party shall
make payments to the other party or directly to the vendor under the contract made pursuant to
Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE. Each party shall be responsible for the
respective vendor's compliance with provisions relating to the quality of items and terms of
delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt
Requested, or by hand -delivery or facsimile transmission addressed to the respective party at the
address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both
parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
5.5 Entire Agreement: This Agreement represents the entire agreement among the parties with
respect to the subject matter covered by this Agreement. There is no other collateral, oral or written
agreement between the parties that in any manner relates to the subject matter of this Agreement.
5.6 Recitals: The recitals to this Agreement are incorporated herein.
Inter Local Agreement for Cooperative Purchasing
72873
5.7 Counterparts: This Agreement may be executed in any number of counterparts, each of
whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this day of 12018.
ATTEST:
UOIN
Kisha Morris, City Secretary
APPROVED AS TO FORM
Joseph J. Gorfida Jr., City Attorney
CITY OF DESOTO, TEXAS
Tarron J. Richardson, Ph.D., City Manager
211 E. Pleasant Run Road, Suite A
DeSoto, Texas 75115
CITY OF DESOTO, TEXAS
Seal
Inter Local Agreement for Cooperative Purchasing
72873
EXECUTED this day of , 2018.
ATTEST:
LIM
Carrie Smith, City Secretary
CITY OF ANNA, TEXAS
IRA
Maurice Schwanke, Interim City Manager
101 S. Powell Parkway
Anna, Texas 75409
FOR CITY OF ANNA, APPROVED AS TO FORM
Clark McCoy, City Attorney
CITY OF ANNA, TEXAS
Seal
Inter Local Agreement for Cooperative Purchasing
72873
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Consider/Discuss/Action regarding a Resolution naming the date and place of a public hearing on
the FY 2018-2019 budget. (Dana Thornhill)
SUMMARY:
Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year,
the City Manager must submit to the City Council a budget for the ensuing fiscal year; and at the
Council meeting when the budget is submitted, the City Council must name the date and place of
the public hearing on the budget.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution that sets September 4, 2018 at 6:30 p.m.
as the date and time for the public hearing on the FY 2018-2019 budget, said hearing to be held in
the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna,
Texas. The Resolution further directs that notice of the time and place of the public hearing be
published in the official newspaper of the City as required in Section 7.05 of the Charter.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/10/2018 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, NAMING THE DATE AND PLACE
OF A PUBLIC HEARING ON THE FY 2018-2019 BUDGET.
WHEREAS, Section 7.02 of the City of Anna, Texas (the "City") Home Rule Charter (the
"Charter") states that on or before the 15th day of August of the fiscal year, the City
Manager must submit to the City Council a budget for the ensuing fiscal year; and
WHEREAS, Section 7.05 of the Charter further states that at the Council meeting when
the budget is submitted, the City Council must name the date and place of the public
hearing on the budget;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Public Hearing on the Budget.
The Council hereby sets September 4, 2018 at 6:30 p.m. as the date and time for the
public hearing on the FY 2018-2019 budget, said hearing to be held in the City Council
Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas.
The Council further directs that notice of the time and place of the public hearing be
published in the official newspaper of the City as required in Section 7.05 of the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th
day of August 2018.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Nate Pike, Mayor
THE CITY OF
AiAtia
AGENDA ITEM:
Presentation of the proposed FY 2018-2019 Budget. (Dana Thornhill)
SUMMARY:
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Section 7.02 of the City Charter states that on or before the 15th day of August of the fiscal year,
the City Manager must submit to the City Council a budget for the ensuing fiscal year. Staff will
provide a brief presentation of the proposed FY 2018-2019 Budget. A hard copy of the draft
budget will be provided to each City Council member for review. A copy of the draft budget will be
posted on the City's website on August 15th.
STAFF RECOMMENDATION:
No action on the budget is required at this time.
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Consider/Discuss/Action regarding a Resolution naming the maximum tax rate the Council may
adopt for the 2018 tax year and setting dates and times for public hearings on the tax rate. (Dana
Thornhill)
SUMMARY:
Each year after properties are appraised by the Collin County Appraisal District the Collin County
Tax Office calculates both the effective tax rate and the rollback tax rate for the City of Anna as
part of the service to collect taxes for the City. The following definitions are provided from the
Texas Comptroller's Office:
Effective tax rate: The effective tax rate is a calculated rate that would provide the taxing unit with
about the same amount of revenue it received in the year before on properties taxed in both
years. If property values rise, the effective tax rate will go down and vice versa.
Rollback tax rate: The rollback rate provides the taxing unit with about the same amount of tax
revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for
those operations, in addition to sufficient funds to pay debts in the coming year. If a taxing unit
adopts a tax rate higher than the rollback rate, voters in the taxing unit can circulate a petition calling
for an election to limit the size of the tax increase.
The proposed budget is supported by a tax rate of $0.601288 which is equivalent to the current
tax rate. Since the tax rate recommended to fund the proposed budget exceeds the effective tax
rate, the Council must give notice of its intent to consider an "increase" in taxes and set the times
and places for the two required public hearings. The following table is a comparison between the
proposed tax rate, last year's rate, the effective rate and roll -back rate.
Proposed FY 2018 Tax Rate
$0.601288 per $100
Preceding FY 2017 Tax Rate
$0.601288 per $100
Effective Tax Rate
$0.536478 per $100
Rollback Tax Rate
$0.624613 per $100
The effective tax rate is lower than the current rate because the value of properties taxed in both
years has increased.
Approval of the attached Resolution would set $0.601288 as the maximum rate the Council will
consider after the required public hearings. The Council may adopt any rate lower than the rate
voted on tonight, but not higher. The Resolution also calls for the public hearings to be held on
August 28th at 7:30 P.M. and on September 4th at 6:30 P.M. The public hearing notice will run in
the Anna Melissa Tribune on August 16th.
The budget and tax rate are scheduled for adoption at the September 12th Council meeting.
Since the proposed tax rate is higher than the effective rate, section 26.05 of the Texas Tax Code
requires a minimum of 60% of the Council members to vote in favor of that rate. That would
require at least 5 Council members to vote in favor of the proposed tax rate.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution setting the maximum tax rate and setting
the dates and times for the public hearings.
ATTACHMENTS:
Description Upload Date Type
Resolution 8/10/2018 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING THE MAXIMUM TAX RATE THE
COUNCIL MAY ADOPT FOR THE 2018 TAX YEAR AND SETTING THE DATES AND TIMES
FOR PUBLIC HEARINGS ON THE TAX RATE
WHEREAS, The Constitution for the State of Texas (the "State") sets out the general
requirements for truth -in -taxation provisions requiring political subdivisions of the State to
inform citizens in their jurisdiction of changes in the property tax rate;
WHEREAS, The City of Anna, Texas (the "City") is a political subdivision of the State and is
therefore subject to laws of the State;
WHEREAS, Section 7.19 of the City Home Rule Charter (the "Charter") states the City has
power to levy, assess, and collect taxes of every character and type for any municipal
purpose not prohibited by state of federal law;
WHEREAS, The City Council (the "Council") wishes to establish a maximum tax rate it may
adopt;
WHEREAS, The proposed tax rate exceeds the effective rate;
WHEREAS, The Council wishes to hold public hearings on the tax rate as stipulated in Texas
Tax Code;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Proposal of a maximum tax rate by the City of Anna
The Council hereby proposes that the maximum tax rate adopted by the City shall not exceed
$0.601288 per $100 of valuation.
Section 3. Proposal of a maximum tax rate by the City of Anna
The Council hereby sets August 28, 2018 at 7:30 p.m. and September 4, 2018 at 6:30 p.m.
as the date and time for the public hearings on the 2018 tax rate, said hearings to be held in
the City Council Chambers of the Municipal Building located at 111 N. Powell Parkway in
Anna, Texas. The Council further directs that notice of the time and place of the public
hearing be published in the official newspaper of the City as required in Texas Tax Code.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of
August, 2018.
RES. PAGE 1 OF 2
APPROVED:
Nate Pike, Mayor
ATTEST:
Carrie L. Smith, City Secretary
RES. PAGE 2 OF 2
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
Consider/Discuss/Action on an Ordinance defining Junked Vehicles. (Clark McCoy)
SUMMARY:
"The City has a junked vehicle ordinance prohibiting persons from placing inoperable vehicles on
public or private property. In the past, determining whether a vehicle met the definition of a junked
vehicle could depend on whether it had a current inspection sticker. Texas is now a "single sticker"
state with respect to the required window decals and inspection stickers are no longer issued. This
ordinance amends the Anna Code to change the sticker requirement to a registration sticker."
STAFF RECOMMENDATION:
Approval of the ordinance.
ATTACHMENTS:
Description Upload Date Type
Ordinance 8/7/2018 Ordinance
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II, ARTICLE 8, SUBSECTION 1.18 GENERAL
DEFINITIONS RELATED TO JUNKED VEHICLES; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; AFFIRMING VALIDITY OF PAST
ACTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") City Council ("City Council") has previously
adopted ordinances, rules and regulations governing junked vehicles that are codified in
part as Part II, Article 8, Section 1.21, of The Anna City Code of Ordinances ("Anna
Code"); and
WHEREAS, recent changes to Texas law have caused the Anna Code's definition for
its junked vehicles regulations found in Part II, Article 8, Section 1.18 to become
partially obsolete; and
WHEREAS, the City Council has investigated and determined that it would be beneficial
and advantageous to update the definition of junked vehicle in the Anna Code;
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. In accordance with Part II, Article 1, Section 9 of the Anna Code, the
following amendment is made to Part II, Article 8, Section 1.18, with added language
shown in underlined text (example) and deleted language shown in strikethrough
text (fie), as follows:
1.18 General Definitions
Junked Vehicle means a vehicle that is self-propelled and:
(a) Does not have lawfully attached to it:
(1) An unexpired license plate; or
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 3
(2) A valid motor vehicle inspeGtinn nortifiGate registration sticker; and
(b) Is:
(1) Wrecked, dismantled or partially dismantled, or discarded; or
(2) Inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on Public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
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, sentence, 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. Past Actions Remain Valid.
Amendment of the Anna Code by this ordinance shall not in any way affect the validity,
status, or disposition of any action (including, but not limited to, citations and criminal
complaints) taken relating to a violation of the related Anna Code provisions prior to the
effective date of this ordinance. Any and all violation notices, court proceedings,
judgments, fines, penalties, abatement orders, disposal orders, or other legal matters
initiated under the version of the Anna Code existing immediately before the adoption of
this ordinance shall, if pending, proceed to conclusion using the version of the Anna
Code in effect prior to this ordinance; and if concluded, shall be unaffected by the
passage of this ordinance and retain the full force and effect accorded to them under
the Anna Code and Texas law that was applicable prior to this ordinance.
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.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 3
PASSED by the City Council of the City of Anna, Texas, this day of
2018.
ATTESTED:
APPROVED:
City Secretary, Carrie Smith Mayor Nate Pike
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 3
THE CITY OF
Aifttia
AGENDA ITEM:
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 8/14/2018
First Public Hearing on a voluntary annexation of a 9.752-acre tract of land located in the Joseph
Schluter Survey, Abstract 856. (Maurice Schwanke)
SUMMARY:
This proposed annexation involves approximately 9.752 acres of land within the Joseph Schluter,
Abstract No. 856. The area involves the third phase of Lakeview Estates and is located east of
Ferguson Parkway and south of Rattan Elementary. The tract is owned by P&R Anna Realty,
LLC. The P&R Anna Realty has petitioned the City requesting the annexation (voluntary).
A second public hearing will be held during the regular City Council Meetings on September
11th. A final vote on the annexation would be scheduled on September 11th during the public
hearing.
Prior to the adoption of the annexation ordinance the City will need to enter into an agreement on
services to the area.
STAFF RECOMMENDATION:
Hold the public hearing.
ATTACHMENTS:
Description
Location Map
Legal Description
Upload Date Type
8/7/2018 Backup Material
8/7/2018 Backup Material
n
I
V!
I
C
LEGAL DESCRIPTION
BEING a 9.752 acre tract of land situated in Collin County, Texas, being a part of the Joseph
Schluter Survey, Abstract No. 856 and being all of the 9.74 acre tract of land conveyed to P&R
Anna Realty, LLC by deed of record in Instrument No. 20170120000085920 of the Official Public
Records of Collin County, Texas, said 9,752 acre tract being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found in the east right-of-way line of South Ferguson Parkway
(a 120' right-of-way) at the southwest corner of said 9.736 acre tract, said point also being the
northwest corner of Lot 8, Block B, Lakeview Estates Phase 1, an addition to the City of Anna
according to the plat recorded in Volume 2016, Page 440, Plat Records of Collin County, Texas;
THENCE North 01 degree 39 minutes 56 seconds West with the said east right-of-way line, a
distance of 275.82 feet to a 1/2 inch iron rod found at the southwest corner of a 7,076 acre tract
of land conveyed to Anna Realty, LLC by deed of record in Instrument No. 20160801000991780
of said Official Public Records, said point being the northwest corner of herein described tract;
THENCE South 87 degrees 46 minutes 30 seconds East departing the said east right-of-way line
and with the south line of said 7.076 acre tract of land, at a distance of 1,478.46 feet passing a
1/2 inch iron rod found, continuing with the said south line a total distance of 1,578.85 feet to a
point in the west line of a 12.988 acre tract of land conveyed to William R. & Andrea M. Henry by
deed of record in Instrument No. 20100528000541220 of said Official Public Records and the
approximate centerline of a creek, said point being the northeast corner of herein described tract;
THENCE with the said west line of the 12.988 acre tract and said centerline of creek, the following
courses and distances:
South 13 degrees 16 minutes 50 seconds West, a distance of 19.22 feet;
South 17 degrees 48 minutes 30 seconds West, a distance of 110.00 feet;
South 12 degrees 12 minutes 17 seconds East, a distance of 151.25 feet to a point at the
northeast corner of a 9.633 acre tract of an conveyed to the City of Anna by deed of
record in Instrument No. 20160627000809900 of said Official Public Records for the
southeast corner of herein described tract;
THENCE North 87 degrees 55 minutes 02 seconds West with the north line of said 9.633 acre
tract of land, at a distance of 144.90 feet passing the northwest corner of said 9.633 acre tract
and continuing with the north line of a 50.6597 acre tract of land conveyed to Bloomfield Homes
LP by deed of record in Instrument No. 20121002001246520 of said Official Public Records, at a
distance of 1,124.89 feet passing the northeast corner of Lot 4, Block C of said Lakeview Estates
Phase 1 Addition, continuing with the north line of said Lakeview Estates Phase 1 Addition, a total
distance of 1,564,60 feet to the POINT -OF -BEGINNING, containing 424,784 square feet or
9.752 acres of land.
Roman roysman Date
Registered Professional Land Surveyor No. 5864 M "•••Ii
Y ROMAN L. GROYSP
Westwood Professional Services, Inc. 5864
2740 Dallas Parkway, Suite 280, Plano, TX 75093 �v61� o?y
(214) 473-4640 N� S u Rim/