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HomeMy WebLinkAbout2017-08-22 Work Session & Regular Meeting PacketA Y{OUR} HOMETOWN AGENDA City Council Work Session Tuesday, August 22, 2017 @ 6:30 P M 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 22, 2017, 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 advisory boards and commissions. (City Manager) 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); discuss Anna/Melissa mutual boundary agreement. 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. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 5. 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. I Item No. 2. City Council Agenda Staff Report Meeting Date: 8/22/2017 YOUR) HOMETOWN AGENDA ITEM: Briefing/Discussion regarding advisory boards and commissions. (City Manager) SUMMARY: Staff has been asked to advise the Council regarding the possible creation of additional boards and commissions in the future as the city continues to grow. A briefing on this topic will be provided during the workshop session. STAFF RECOMMENDATION: A Y{OUR} HOMETOWN AGENDA Regular City Council Meeting Tuesday, August 22, 2017 @ 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 22, 2017, 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 the Council meeting minutes for August 8, 2017. b. Review of the July 18, 2017 Charter Review Commission minutes. C. Review the minutes of the July 10, 2017 Planning and Zoning Commission meeting. d. Review meeting minutes of the CDC from June 1,2017 and July 6, 2017. (Jessica Perkins) e. Review meeting minutes of the EDC from June 1,2017 and July 6, 2017. (Jessica Perkins) f. Resolution authorizing the City Manager to execute a contract change order with Harris Builders for the Natural Springs Park Parks Office & Restroom Finish out. (Maurice Schwanke) g. Resolution approving an amendment to an I nterlocal Agreement with Collin County for environmental health inspection services. (Maurice Schwanke) h. Resolution approving the renewal of the I nterlocal Dispatch Services Agreement with Collin County (Chief Jenks) i. Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for a 5K event at Natural Springs Park. (Maurice Schwanke) j. Resolution approving a site plan and landscape plan for the Avery Pointe Amenity Center. (Maurice Schwanke) k. Resolution approving a development plat of the the Pepper 376 Development. (Maurice Schwanke) I. Resolution approving the Douglas and Constance Stevens development plat. (Maurice Schwanke) 6. Conduct a Public Hearing on the proposed FY 2017-2018 Budget. (Dana Thornhill) 7. Conduct a Public Hearing on the Proposed 2017 Tax Rate. (Dana Thornhill) 8. Consider/Discuss/Action regarding a Resolution authorizing an Agreement for the annual audit. (Dana Thornhill) 9. Consider/Discuss/Action regarding an ordinance amending the Anna City Code of Ordinances regulating management of public rights -of -way and fees associated with same; also consider/discuss/action regarding related design manual. (City Attorney) 10. Consider/Discuss/Action regarding an Ordinance ordering a special election to be held on November 7, 2017. (City Secretary) 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); discuss Anna/Melissa mutual boundary agreement. 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 18th day of August 2017 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. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 8/22/2017 Y{OUW HOMETOWN AGENDA ITEM: Approve the Council meeting minutes for August 8, 2017. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Proposed Minutes 8/15/2017 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION August 8, 2017 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 Crist called the meeting to order at 6:30 p.m. Council Member Beazley was absent. 2. Briefing/Discussion regarding the proposed FY 2018 Budget. (Dana Thornhill) 3. Briefing/Discussion regarding updating municipal facilities study. (City Manager) Staff requested Council authorize updating the municipal facilities study to include police and fire facilities. 4. Discuss and take action on the appointment of a City Council branding committee. (City Manager) MOTION: Council Member Pelham moved to appoint Council Members Burr, Martinez and Miller to a branding committee. Council Member Bryan seconded. Motion carried 6-0. 5. 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); discuss right-of-way management regulations. b. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); discuss appointments/reappointments to boards and commissions. MOTION: Council Member Bryan moved to enter Closed Session. Council Member Martinez seconded. Motion carried 6-0. CCmin2017-08-08 8/15 Mayor Crist recessed to Closed Session at 7:07 p.m. Mayor Crist reconvened the Open Session at 7:39 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. 6. 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. MOTION: Council Member Bryan moved to take no action. Mayor Crist seconded. Motion carried 5-0 Martinez was temporarily out of the room. 7. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. MOTION: Council Member Bryan moved to adjourn. Council Member Miller seconded. Motion carried 6-0. Approved on the 4th day of August, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith CCmin2017-08-08 8/15 ANNA CITY COUNCI L MINUTES WORK SESSION August 8, 2017 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 Crist called the meeting to order at 6:30 p.m. Council Member Beazley was absent. 2. Briefing/Discussion regarding the proposed FY 2018 Budget. (Dana Thornhill) 3. Briefing/Discussion regarding updating municipal facilities study. (City Manager) The updated facilities study would include police and fire facilities. 4. Discuss and take action on the appointment of a City Council branding committee. (City Manager) The goal of the committee is to revisit the logo graphic, keeping the tagline. MOTION: Council Member Pelham moved to appoint Justin Burr, Rene Martinez and Lee Miller to the branding committee. Council Member Bryan seconded. Motion carried 6-0. 5. 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); discuss right-of-way management regulations. b. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); discuss appointments/reappointments to boards and commissions. MOTION: Council Member Bryan moved to recess into closed session. Council CCmin2017-08-08 8/15 Member Martinez seconded. Motion carried 6-0 Mayor Crist recessed the regular session at 7:07 p.m. Mayor Crist reconvened the regular session at 7:39 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. 6. 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. MOTION: Council Member Bryan moved to take no action. Mayor Crist seconded. Motion carried 5-0 Council Member Martinez was not in the room. 7. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. MOTION: Council Member Bryan moved to adjourn. Council Member Miller seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 7:40 p.m. Approved on the 22nd day of August, 2017. Mayor Mike Crist ATTEST: City Secretary Carrie L. Smith CCmin2017-08-08 8/15 Y{OUW HOMETOWN AGENDA ITEM: Review of the July 18, 2017 Charter Review Commission minutes. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Minutes Item No. 5.b. City Council Agenda Staff Report Meeting Date: 8/22/2017 Upload Date Type 8/15/2017 Backup Material MINUTES CHARTER REVIEW COMMISSION July 18, 2017 6:30 p.m. — Anna City Hall The Charter Review Commission met at 6:30 p.m., July 18, 2017, at Anna City Hall, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order Chairperson Connie Stump called the meeting to order at 6:30 p.m. 2. Roll Call and Establishment of Quorum. Chad Joyce was absent. 3. Consider/Discuss/Action regarding future meeting dates and times. MOTION: Commissioner Finan moved to hold meetings the third Tuesday of each month starting at 6:30 p.m. Commissioner Ward seconded. Motion carried. 4. Introduction/Purpose of Charter Review Commission. City Attorney Clark McCoy reviewed the procedures for amending and adopting the charter. 5. Discussion regarding purpose of the City of Anna Home -Rule Charter. City Attorney McCoy and City Manager Sanders reviewed the purpose of the charter. 6. Consider/Discuss/Action regarding the review of Article 1 and Article 2 of the City of Anna Home -Rule Charter. The Commission discussed Articles 1 and 2. MOTION: Commission Boda moved to make no changes. Commission Finan seconded. Motion carried. 6. Adj ourn. MOTION: Commissioner Tutson moved to adjourn. Commissioner Miles seconded. Motion carried. Chairperson Stump adjourned the meeting at 7:07 p.m. APPROVED the 15t" day of August, 2017. Chairperson Connie Stump ATTESTED: Carrie L. Smith, City Secretary Item No. 5.c. City Council Agenda Staff Report Meeting Date: 8/22/2017 AGENDA ITEM: Review the minutes of the July 10, 2017 Planning and Zoning Commission meeting. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Minutes 8/4/2017 Exhibit MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING July 10,2017 The Planning and Zoning Commission of the City of Anna held its regular meeting on July 10, 2017 at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:01 p.m. Members present were Janine Johnson, Sandy Setliff, Wayne Barton, Danny Ussery, Don Callaham, Donald Henke and Christian Landers. Staff present was Maurice Schwanke and Daniel Harper. 2. Invocation and Pledge of Allegiance Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Luscombe" development plat. Mr. Harper gave a presentation. The development plat is located within Anna's exterritorial jurisdiction and generally known as 1404 Foster Crossing. The owner is proposing to build an add -on to the existing house on the property. Mr. Harper noted that the submittal meets the City of Anna development plat requirements. The Staff recommends approval of the plat. A motion was made by Commissioner Henke, seconded by Commissioner Landers to recommend approval of the "Luscombe" development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "Anna Town Center Block A, Lot 2" final plat. Mr. Harper gave a presentation. The final plat contains 2.386 acres. The final plat is in conformance with the existing zoning. The staff is recommends approval of the final plat. A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to recommend approval of the "Anna Town Center Block A, Lot 2" final plat. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Anna Town Center Block A, Lot 2" site plan and landscape plan. PZ Minutes 7-10-17 Page 1 of 2 7-11-17 Mr. Harper gave a presentation and answered questions from the commission and citizens. The project's engineer Mr. Joe Faccaro and the project's developer Mr. Brain Bischoff also anwered questions from the commission and citizens. The staff recommended approval of the site plan and landscape plan. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to recommend approval of the "Anna Town Center Block A, Lot 2" site pland and landscape plan. The vote was unanimous. 9. Consider to approve Minutes of the June 5, 2017 Planning and Zoning meeting. A motion was made by Commissioner Landers, seconded by Commissioner Ussury to approve the Minutes of the June 5, 2017 meeting. The vote was unanimous. 10. Adjourn There being no further business, a motion was made by Chairperson Johnson to adjourn the meeting. Commissioner Callaham seconded the motion. The meeting adjourned at 7:21 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Minutes 7-10-17 Page 2 of 2 7-11-17 I Item No. 5.d. City Council Agenda Staff Report Meeting Date: 8/22/2017 y{OUR) HOMETOWN AGENDA ITEM: Review meeting minutes of the CDC from June 1,2017 and July 6, 2017. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description CDC Minutes 6-2017 CDC Minutes 7-2017 Upload Date 8/10/2017 8/10/2017 Type Backup Material Backup Material ANNA COMMUNITY DEVELOPMENT CORPORATION MINUTES DECOMMUNITY NT June 1, 2017 CORPORATION The Community Development Corporation of the City of Anna met 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 Nate Pike, President, called the meeting to order at 5:02pm. After roll call and the declaration that a quorum was present, the floor was open for business. Director's in attendance: Doug Hermann, Brent Thomas, Connie Stump, Anthony Richardson, James Gurski and Nate Pike Directors Absent: Alonzo Tutson Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards; Jessica Perkins Chief Administrative Officer 2. Invocation and Pledge Nate Pike gave the invocation and led the group in the Pledge of Allegiance. 3. Presentation and discussion regarding Xceligent, a property listing service. Jonathan Dudley gave a presentation regarding Xceligent, a property listing service. The cost would be $300.00 per month or $3900.00 for an annual contract. 4. Cons ider/Disc usslActi on approving the addition of clarifying language to the PD (Planned Development) for the Anna Business Park. Nate Pike made a motion to accept the change of language! Connie Stump seconded. Motion passed by all. 5. Cons ider/Disc usslAction regarding approving a resolution authorizing an amendment to the Business Development Incentive Grant for Capital Investment Performance Agreement with Kirby -Smith Machinery, Inc. and KSMI Properties, LLC. Anthony Richardson made a motion to accept the resolution. James Gurski seconded. Motion passed by all. 6. Discussion related to the fiscal 2017-2018 budget. Philip Sanders gave a presentation related to the budget and hiring a person to head up CDC and EDC. 7. Consider/Discuss/Action regarding minutes for May 4, 2017. Brent Thomas made a motion to approve the minutes. Nate Pike seconded. Motion passed by all. 8. Adjourn Nate Pike made the motion to adjourn the meeting. James Gurski seconded. Motion passed by all and the meeting was adjourned at 5:52 p.m. APPROVED: ww�' "Irf Nathan Pike, CDC President ATTESTED: Lau Blacketer, CD Secretary JL MINUTES OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, July 6, 2017 COMMUNITY DEVELOPMENT CORPORATION The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00' p.m., on Thursday, July 6, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order, Roll Call and Establishment of Quorum. Nate Pike, President, called the meeting to order at 5:02 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Doug Hermann Anthony Richardson, and Nate Pike. Directors in Abstention: James Gurski A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins Chief Administrative Officer. 2. Invocation and Pledge. Nate Pike gave the invocation and led the group in the Pledge of Allegiance_ 3. Citizen Comments None 4. Presentation/Discussion on the progress of the Natural Springs Park project that was approved in April 2016. Maurice Schwanke, Planning and Parks Director, gave a presentation of the progress of the projects. No action taken. 'ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda. whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and 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. 07-06-2017 Regular CDC Minutes.doc 5. Consider/Discuss/Action regarding approving a resolution authorizing the Chief Administrative Officer to procure professional services with Xceligent, a commercial property listing and data organization. Staff reviewed with the board the benefits of using Xceligent property listing service. Nate Pike made a motion to approve. Connie Stump seconded the motion. All in favor. Motion passed. 6. Discussion regarding placing an advertisement on Loopnet, a commercial property listing company. Staff reviewed an advertising opportunity available on Loopnet. No action taken. 7. Closed Session a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087); Anna Business Pro- spects. Alonzo Tutson made motion to move into Closed Session that was seconded by Brent Thomas. Motion passed and the Board entered into Closed Session at 6:37 p.m. After discussing the business at hand, Nate Pike made a motion to adjourn Closed Session and return to Open Session. Brent Thomas seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, July 6, 2017 at 5:55 p.m. 8. Consider/Discuss/Action regarding approving a resolution authorizing a budget amendment for the current (2016-2017) fiscal year budget. Brent Thomas made a motion to approve this item. The motion was seconded by Alonzo Tutson. All in favor. Motion passed. 9. Discussion/Review of prosed budget for fiscal year 2017-2018. Staff reviewed the proposed line item budget with the board. No action was taken. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and 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. 07-06-2017 Regular CDC Minutes.doc 10. Consider/Discuss/Action regarding approving a resolution authorizing the execution of a land sale contract with Kirby Smith for approximately 9acres of land located in the Anna Business Park located at the northeast corner of hwy. 5 and the Collin County Outer Loop. Nate Pike made a motion to table this item. Alonzo Tutson seconded the motion. All in favor. Motion passed. 11. Consider/Discuss/Action regarding minutes from December 3, 2015. Brent Thomas made a motion to accept the minutes as written. Dough Hermann seconded the motion. All in favor. Motion passed 12. Adjourn. Nate Pike made a motion to adjourn the meeting. Alonzo Tu#son seconded the motion and the meeting adjourned at 7:04 p.m. APPROVED: .' Nate Pike President of CDC ATTESTED: __r 1 z� Lauretta Blacketer Secretary of CDC IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it si considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and 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 he made. 07-06-2017 Regular CDC Minutes.doc I Item No. 5.e. City Council Agenda Staff Report Meeting Date: 8/22/2017 Y{OUW HOMETOWN AGENDA ITEM: Review meeting minutes of the EDC from June 1,2017 and July 6, 2017. (Jessica Perkins) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type EDC Minutes 6-2017 8/10/2017 Backup Material EDC Minutes 7-2017 8/10/2017 Backup Material ANNA ECONOMIC DEVELOPMENT CORPORATION MINUTES June 1, 2017 ECONOMfc DEVELOPMENT CORPORATION The Economic Development Corporation of the City of Anna met on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Call to Order, Roll Call and Establishment of Quorum Connie Stump, President, called the meeting to order 5:52p.m. After roll call and a declaration that a quorum was present, the floor was open for business. Director's in attendance: Doug Hermann, Brent Thomas, Connie Stump, Anthony Richardson, James Gurski and Nate Pike Directors Absent: Alonzo Tutson Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards, - Jessica Perkins Chief Administrative Officer 2. Consider/Discuss/Action approving a resolution for a lease agreement with Matt Wood for office space and Inc -Cube located at 312 North Powell Parkway. Nate Pike made a motion to approve. Doug Hermann seconded the motion. Motion passed all. 3. Consider/Discuss/Action regarding minutes from May 4, 2017. Motion made by Brent Thomas to approve the minutes as written. Seconded by James Gurski. Motion passed by all. 4. Adjourn. Motion was made by Anthony Richardson to adjourn and 2"d by Nate Pike. Motion passed and meeting was adjourned at 6.03 pm Con ance Stump, EbG President CLa4reftaeBlacketer, E C Secretary MINUTES OF REGULAR MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION ECONOMIC DEVELOPMENT Thursday, July 6, 2017 CORPORATlO\ The Anna Economic Development Corporation ("CDC`) of the City of Anna met at 7:09 p.m.', on Thursday, July 6, 2017, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. Call to Order Roil Call and Establishment of Quorum Connie Stump, President, called the meeting to order at 7:09 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. Directors in attendance: Doug Hermann, Brent Thomas, Connie Stump, Anthony Richardson, Alonzo Tutson and Nate Pike Directors in Abstention: James Gurski A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins, Chief Administrative Officer; and Lauretta Blacketer, secretary. 2. Invocation and Pledge 3. Citizen Comments — none 4. Consider/Discuss/Action approving a resolution amending resolution no.2017- 03-09 EDC to correct scrivener's error related to the expenditure of funds for a monument sign for property located at 312 North Powell Parkway. Doug Hermann made a motion to approve. Nate Pike seconded the motion. Motion passed all. 5. Consider/Discuss/Action regarding approving a resolution authorizing the expenditure of funds for identification and address letters for the front of the Inc -Cube building located at 312 North Powell Parkway. NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote andlor act upon each of the items listed in this agenda. The Corporation 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 Meetings Act. Disabled person who want to attend the meeting and 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. 7-6--2017 Reg EDC Meeting — Page 1 After a brief discussion, Connie Stump made a motion to approve and Alonzo Tutson seconded the motion. All in favor. Motion passed. 6. Consider/Discuss/Action regarding approving a resolution authorizing a budget amendment for fiscal year 2016-2017. After a review of the budget, Anthony Richard made a motion to approve and Alonzo Tutson seconded the motion. All in favor. Motion passed. 7. Closed Session (exceptions): a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087); 312 North Powell Parkway; Anna Business Park. Skipped. 8. Discussion/Review of the proposed fiscal year 2017-2018 budget. Staff presented the proposed line item budget. No action taken. 9. Consider/Discuss/Action regarding minutes from June 1, 2017 Motion made by Nate Pike to approve the minutes as written. Seconded by Brent Thomas. Motion passed by all. ' NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation 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 Meetings Act. Disabled person who want to attend the meeting and 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. 07-06-2017 Reg EDC Meeting — Page 2 10. Adjourn. Alonzo Tutson made a motion to adjourn the meeting. Anthony Richardson seconded the motion and the meeting adjourned at 7:52 p.m. APPROVED: J Connie Stump President of EDC ATTESTED: Lauretta Blacketer Secretary of EDC NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda The Corporation 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 Meetings Act. Disabled person who want to attend the meeting and 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. 07-06-2017 Reg EDC Meeting — Page 3 I Item No. 5.f. City Council Agenda Staff Report Meeting Date: 8/22/2017 YOUR) HOMETOWN AGENDA ITEM: Resolution authorizing the City Manager to execute a contract change order with Harris Builders for the Natural Springs Park Parks Office & Restroom Finish out. (Maurice Schwanke) SUMMARY: The City Council previously awarded a contract to Harris Builders for the Natural Springs Park Parks Office & Restroom Finish out on July 25th, 2017. The City would like to implement a deductive change order which would reduce the contract by $14,285. Change Orders in excess of 10% of the project cost must be approved by the City Council. The deductive change order essentially lowers the cost of the project by using stainless steel wall mount sinks with sensored faucets and 3 floor mount pressure assisted toilets. If approved, the City Manager will execute the contract change order reducing the contract amount to $33,910. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing the City Manager to execute a contract change order. ATTACHMENTS: Description Upload Date Type Resolution approving Change Order 8/17/2017 Resolution Exhibit 1, Change Order 8/14/2017 Exhibit 1295 Form 8/14/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER WITH HARRIS BUILDERS ON NATURAL SPRINGS PARK OFFICE & RESTROOM FINISH -OUT PROJECT WHEREAS, the City Council of the City of Anna, Texas (the "City Council") previously awarded a contract to Harris Builders for the Natural Springs Park Parks Office & Restroom Finish -out Project; and WHEREAS, the builder and City have agreed that a deductive change order for plumbing fixtures would be in the best interest of the City; and, WHEREAS, the change order would provide for a cost savings of $14,285; and, WHEREAS, Contract A with Harris Builders would be reduced to $33,910. 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 Change Order. The City Manager is hereby authorized to execute the Change Order attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day of August, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist 00 63 63 CHANGE ORDER FORM Date of Issuance: Effective Date: Owner: City of Anna, TX Project: PARKS OFFICE & RESTROOM FINISHOUT OLD HORSE BARN AT NATURAL SPRINGS PARK W. WHITE STREET (FM455) NEAR SLATER CREEK ROAD ANNA,TEXAS Contract changes are approved as follows: Description of changes: Change plumbing labor & fixtures by using stainless steel wall mount sinks with sensored faucets and use 3 floor mount pressure assisted toilets instead of wall mount toilets. Reason for Change Order: Cost savings and easier to maintain. Attachments: CONTRACT PRICING Original Contract Amount including Add/Alternates: $48,195.00 Net Increase from Previous Change Orders: $(14)285.00) Contract Price Prior to this Change Order: $483195,00 Net Decrease of this Change Order: $14,285,00 Contract Price with All Approved Change Orders: 1 $33,910.00 City of Anna, TX By: Philip Sanders, City Manager Date: Please sign both copies; return one copy to: City of Anna, TX c/o Maurice Schwanke PO Box 776 Anna, TX 75409-0776 Harris Builders By: Mike Hart"is Date: ci " i' END OF CHANGE ORDER FORM Parks Office & Restroom Finishout Change Order Form City of Anna, Texas 00 63 63-1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 left Complete Nos. 1- a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 31 5, and 6 if there are no interested parties, CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-236302 Harris Builders Van Alslyne, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/13/2017 being filed, City of Anna, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 252 Natural Springs Park - Office/Break Room/Restroom Remodel Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling intermediary City of Anna, Anna, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct, * eMARIAWELL6NotaryPubgo3TATE Of TEXASMy lbmin, Fop, 0.r2fF2919 * Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Mike Hcm i a 1 WL Jut y Sworn to and subscribed before me, by the said , this the day of 20 17 to certify which, witness my hand and seal of office, Ma7ti-a We.2.21, Nutcur.y Pub2ic Sign re of fficar administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 I Item No. 5.g. City Council Agenda Staff Report Meeting Date: 8/22/2017 YfOUR? HOMETOWN AGENDA ITEM: Resolution approving an amendment to an I nterlocal Agreement with Collin County for environmental health inspection services. (Maurice Schwanke) �Y�J►�i 1 Ji I_1:�'il The City of Anna has entered into and I nterlocal Agreement (ILA) with Collin County to provide environmental health inspection services within the City's corporate limits. Services provided under the Agreement include inspections of HOA swimming pools, restaurants, school cafeterias, day care food preparation facilities, and any other place where food is being prepared and served to the public such as festivals and inside convenience stores. The County also reviews construction plans of food preparation facilities and provides inspections during construction to insure compliance with State health regulations. The City receives reports throughout the year on each inspection made. The 2018 (October 1, 2017 through and including September 30, 2018) contract amount is $9,912 which is an increase of $856 from the 2017 rate. The rate is based on the population estimates for the City of 12,390 citizens x $.80. The attached resolution approves an extension of the I nterlocal Agreement with the County for another year. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and amended I nterlocal Agreement. ATTACHMENTS: Description Upload Date Type Resolution approving ILA Amendment 8/17/2017 Resolution Exhibit 1, Amendment to ILA 8/3/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES WITH COLLIN COUNTY WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has determined that the Agreement with Collin County, Texas (the "County") to provide environmental services inspections will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, in 2015, the City Council approved an Interlocal Agreement for environmental services inspections with the option to renew the Agreement for five (5) additional one (1) year periods; and WHEREAS, the City Council has found that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of the said one (1) year renewal period; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Amended Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day of August, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist PAGE 1 OF 1 COL L IN COUNTY Contract Amendment I Vendor: City of Anna P.O. Box 776 Anna, TX 75409 Awarded by Court Order No.: Contract Amendment No.: 1 Court Order No. Contract Amendment No.: 2 Court Order No. Office of the Purchasing Agent Collin County Administration Building Two (2) 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Effective Date Contract No. Contract 10/1/2017 2015-338 InterlocaI Agreement for Environmental Services 2015-597-09-14 2016-818-10-24 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extend agreement for a one (1) year period as provided for in section 2.0 of the agreement. Agreement shall be in effect from October 1, 2017, through and including September 30, 2018. Total amount for fiscal year 2018: $9,912.00 12,390 residents x $.80 per resident. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name) COMMISSIONERS' COURT CITY OF ANNA P.O. Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: I Item No. 5.h. City Council Agenda Staff Report Meeting Date: 8/22/2017 YOUR) HOMETOWN AGENDA ITEM: Resolution approving the renewal of the I nterlocal Dispatch Services Agreement with Collin County (Chief Jenks) SUMMARY: The Police Department utilizes the Collin County Sheriff's Office communications system for all of its dispatch services, and each year, the Interlocal Agreement with Collin County is renewed. For FY 2018, the charges for dispatch services have risen to $98,137. The total charge includes a unit cost per call ($6.68 per radio event) and a portion of the cost associated with the hiring and maintaining dispatch personnel. Last year's total fees were $79,366. The cost of this service is included in the proposed budget for FY 2018,. Included in the Agreement is the County's policy for remote access to their Virtual Private Network (VPN) in use by officers in the field (Attachment A) via their mobile data computers. STAFF RECOMMENDATION: Staff recommends approval of the attachd Resolution and Dispatch Services Agreement with Collin County. ATTACHMENTS: Description Upload Date Type Resolution for Dispatch Services 8/17/2017 Resolution Exhibit 1, 2018 Dispatch Services Agreement 8/14/2017 Exhibit Attachment A, 2018 Dispatch Services VPN Agreement 8/14/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS WHEREAS, the City Council of the City of Anna Texas (the "City Council") finds that renewal of the agreement for Dispatch Services with Collin County is vital to support the City of Anna Police department's mission 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: _Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 1. Approval of Interlocal Dispatch Services Agreement The City Council hereby approves the Interlocal Dispatch Services Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement that shall remain in force until October 1, 2018. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of August, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1 INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the day of 2017, by and between the City of Anna (the "City") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 1. The County, through the Sheriff's Office, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. 2. The City desires to obtain certain dispatch services from the County. Therefore, under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act, Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS DISPATCH SERVICES. The term "Dispatch Services" means all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls. HOSTING SERVICES. The term "Hosting Services" means the County will store the City's data as it relates to dispatch services. SECTION 2. TERM 2.01 TERM. The term of this agreement shall commence on October 1, 2017, and shall continue in full force and effect through September 30, 2018. 2.02 TERMINATION. Either party may terminate this agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES 3.01 The County agrees to provide dispatch services through the Sheriff's Office to the City in the same manner and under the same work schedule as such services 1 are provided in the operation of the County's law enforcement personnel. 3.02 Hosting Services. The County agrees to provide Hosting Services to the City and that it will provide 95% uptime availability of the service as covered herein. 3.03 Scheduled Maintenance: The City hereby acknowledges that the County may, from time to time, perform maintenance service on the County network, with or without notice to the City, which may result in the unavailability of the County network. Emergency maintenance and maintenance for which the County has not given the City notice in accordance with this Agreement shall not be deemed scheduled maintenance for purposes of this Agreement. The County will make every effort to notify the City prior to scheduled maintenance. Notice may be given in various forms including but not limited to email notice and/or phone call. 3.04 Hosted Data Ownership. The City shall have sole ownership of the City's hosted data and the County shall make no claim to ownership of City's hosted data. 3.05 Hosted Data Back Up. The County will back up the City's hosted data on a daily basis. All data backups will meet Criminal Justice Information Systems (CJIS) requirements. Every effort is made to ensure the reliability of the backed up data in the event that it would be necessary to restore a database. The County, however, makes no guaranties that the backed up database will be error free. Upon request, the County will provide to the City a current database backup that can be restored to an alternate location to verify the contents and confirm the quality of the backup. All services required to provide the City's data and/or verify data will be provided in accordance with the County's current rates. N 3.06 VPN Agreement. For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN) and return to County to the address in 9.02 item (C). No access will be given to user unless County has received a VPN Agreement. SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar or identical to those specified in this agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 The dispatch service charges for FY2018 in the amount of $98,136.76 shall be paid by the City in quarterly installments of $24,534.19 during the term hereof. This amount is based upon the prior year call volume at the rate of $6.68 per radio incident. 5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is terminated prior to the conclusion of a three-month period for which a payment has been made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to the County without prorating, as liquidated damages to cover the County's anticipated costs for staffing and equipment to provide services hereunder. 5.03 SOURCE OF PAYMENT. The City agrees that payments that it is required to make under this agreement shall be made out of the City's current revenues. SECTION 6. CIVIL LIABILITY 6.01 Any civil liability relating to the furnishing of services under this agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this agreement. 3 6.02 The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, governed by, and construed in accordance with the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise specified, all communications provided for in this agreement shall be in writing and shall be deemed delivered, whether actually received or not, forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 ADDRESSES. All communications provided for in this agreement shall be addressed as follows: (A) Collin County, to: Purchasing Department 2300 Bloomdale #3160 McKinney, Texas 75071 2 (B) If to the City, to: (C) Collin County, Virtual Private Network (VPN) to: Information Technology Department 2300 Bloomdale 43198 McKinney, Texas 75071 Or to such person at such address as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this agreement have been inserted for the convenient reference only and shall not modify, define, limit or expand the express provision of this agreement. SECTION 11. COUNTERPARTS This agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. OBLIGATIONS OF CONDITION All obligations of each party under this agreement are conditions to further performance of the other party's continued performance of its obligation under the agreement. 5 SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary or otherwise, to enforce this agreement. SECTION 14. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. Co IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: "CITY" BY: TITLE: DATE: 7 Attachment "A" Law Enforcement Officers remote connectivity Policy and Agreement Form Virtual Private Network (VPN) 1.0 Purpose The purpose of this document is to provide the framework for granting remote access to Collin County services/equipment through a Virtual Private Network (VPN) so that an Authorized Party of a law enforcement agency (Agency) may access its data hosted on Collin County's network. 2.0 Scope This policy applies to all Law Enforcement Officers utilizing VPN to access the Collin County network (such persons referred to herein as "Authorized Parties"). This policy applies to all Collin County VPN implementations. 3.0 Policy Authorized parties may utilize the benefits of VPN, which are a "user managed" service. This means that the Authorized party is responsible for selecting an Internet Service Provider (ISP), coordinating installation, installing any required software, and paying associated fees as may be required to access the VPN. Additionally, 1. It is the responsibility of the Authorized Party to ensure that unauthorized users are not allowed access to Collin County internal networks. User accounts and passwords are NOT to be shared with anyone. 2. Authorized Parties and the Collin County employees sponsoring the request for VPN are responsible for defining what services/equipment/software the Authorized Parties need access to. Access will be restricted to only those defined objects. Attempting to connect or access any service/device not defined will be considered a violation of the Collin County VPN policy and will be reported to the Authorized Party's agency 3. The Authorized Parties and the Collin County employees sponsoring the VPN request are also responsible for defining the time scope that the VPN account will be active. All accounts are setup with an expiration date not to exceed 6 months, unless otherwise authorized to be a longer timeframe or permanent by the County. 4. VPN use is to be controlled using either a one-time password authentication such as a token device or a public/private key system with a strong pass phrase. 5. When actively connected to the county network, the VPN will force all traffic to and from the remote PC over the VPN tunnel; all other traffic will be dropped. 6. Dual (split) tunneling is NOT permitted; only one network connection is allowed. 7. VPN gateways will be established and managed by Collin County Information Technology Department. 8. All computers connected to Collin County internal networks via VPN or any other technology must use the most up-to-date anti -virus software from a reputable IT agency; this includes personal computers. 9. All Authorized Parties connecting to the Collin County internal networks via VPN or any other technology must keep their systems up to date with the latest security patches for their operating system and applications installed on their connecting systems. 10. Authorized Parties may be automatically disconnected from Collin County's network after sixty minutes of inactivity. The user must then logon again to reconnect to the network. 11. Authorized Parties that are not Collin County owned equipment must comply with the Collin County acceptable use policy when accessing the Internet while connected through the VPN. 12. Only approved VPN clients may be used. 13. Upon termination of a contract from Collin County, or at the request of the Collin County staff, the Authorized Party must uninstall the VPN connection from the Authorized Party's computer. 14. Agency expressly agrees to notify the County of staffing changes involving an Authorized Party with access to the County's network within 24 hours or next business day. 15. After six months of expired inactivity, Active Directory and VPN accounts of an Authorized Party will be permanently deleted, unless otherwise approved by the County. 16. Accounts will be locked out after a certain number of failed attempts. 17. Authorized Parties who have lost their password will have to contact their sponsoring agency to request a password reset. The sponsoring agency will then contact Collin County IT to reset the password for the VPN user. The sponsoring agency is the Sheriff's Office. 18. It is the responsibility of the Authorized Party to install, configure, setup and support any issues with their systems to connect to Collin County based on the information provided to them. 19. Authorized Parties connect at their own risk and Collin County is not responsible for any damages that they may incur from connecting through the VPN to Collin County 20. Prior to acquiring VPN access all Authorized Parties will be required to pass a background check unless otherwise approved by the County. 21. If the County migrates to a new network connection technology it is the responsibility of the Agency to budget and obtain any required technology upgrade in order to maintain their network connection to the County. The Agency will be provided advance notification for this change. 4.0 Granting Access To obtain access via VPN, the Agency and Authorized Party must be sponsored by a party currently employed at Collin County and IT must agree this access is needed for the Collin County information systems. The Agency and Authorized Party must sign this form agreeing to protect the security of the Collin County network. For external Authorized Parties, the Request for VPN Access must be signed and approved by the Manager who is responsible for the external Authorized Party's use. VPN expiration will be based on the contract length unless further time is requested by Collin County Management. The initial setup and testing will be performed during normal operating hours, Monday — Friday, 8 am — 5 pm, and requires a minimal of two weeks' notice to schedule. 5.0 Enforcement Collin County Information Technology Department may actively monitor the VPN concentrator for any suspicious and inappropriate activity. Any Authorized Party found to have violated any part of this policy may have their VPN access terminated immediately. 6.0 Liability Agency expressly agrees that they shall be liable for any and all damages, including but not limited to actual, consequential, or incidental damages, for disruptions caused by their negligence or intentional misconduct, including that caused by their Authorized Parties, to the County's services/equipment resulting from or related to Agency's connection to the County's networks. Unauthorized access or use is prohibited and will be prosecuted to the fullest extent. Anyone using this system expressly consents to monitoring and is advised that if such monitoring reveals possible evidence of criminal activity system personnel may provide the evidence of such monitoring to law enforcement officials. Anyone using the system connects at their own risk and assumes all responsibilities for any possible damage to their own equipment. 7.0 Definitions Term Definition VPN Virtual Private Network. An extension of Collin County's internal private network. VPN Concentrator Physical device that manages VPN connections. VPN Client Remote computer with VPN software utilizing VPN services. Agency Person in Agency company that can take responsibility for the liability clause Management of this document. Dual (split) When utilizing VPN, a connection (tunnel) is created to Collin County's tunneling network utilizing the Internet. Dual split tunneling allows for this connection as well as secondary connection to another source. This technology is NOT supported when utilizing Collin County's VPN. User Employee, Agency, contractor, consultant, temporaries, customers, government agencies, etc. Sponsoring Party Collin County employee requesting access for a non -employee user to have access to Collin County services/equipment through the VPN. The employee may be someone in IT. Agency Management's Signature (if applicable) Printed Name: E-Mail Address: VPN Users Signature Printed Name: E-Mail Address: Sponsoring Party's Signature Printed Name: E-Mail Address: Return form to: Caren Skipworth 2300 Bloomdale #3198 McKinney, Texas 75071 Signature: Phone: Signature: Phone: Signature: Phone: Date: Date: Date: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 8/22/2017 AGENDA ITEM: Resolution approving a Special Event Permit and an Agreement with the Greater Anna Chamber of Commerce for a 5K event at Natural Springs Park. (Maurice Schwanke) �Y�J►�i 1 Ji I_1:�'il On September 2, 2017, the Greater Anna Chamber of Commerce is sponsoring a 5K event in Natural Springs Park in support of the Breaking Free Texas organization. The organization is a non-profit group that provides a free one-year residential addiction program, local addiction and crisis counseling, and leadership training. They are expecting approximately 100 runners to participate in this event beginning with a free 1-mile fun run a 9:00 a.m., followed by 5K race at 9:30 a.m. The race will start and end in Natural Springs Park. The Special Event Permit will be reviewed by the Parks Advisory Board during their August 21st regular meeting. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Special Event Permit. ATTACHMENTS: Description Upload Date Type Special Event Resolution and Agreement 8/17/2017 Resolution NSP 5K-1 K map 8/16/2017 Exhibit Special Event Application 8/16/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR A 5K AND 1 K RUN EVENT AT NATURAL SPRINGS PARKS. WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct a 5K and 1 K Run Event on Saturday, September 2nd, and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of a Special Event Permit; 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. The City Council hereby approves the Special Event Permit application for the 5K event at Natural Springs Park, and the Special Event Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is further authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 22nd, day of August, 2017. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Mike Crist EXHIBIT 1 AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event ("Agreement") is made by and between the City of Anna ("City"), and the Greater Anna Chamber of Commerce ("GACC") entered into on this 22nd, day of August 2017. Section 1. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, the City enters into this Agreement with GACC for use of Public Park Property for the 5K and 1 K Run Event. Section 2. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna, Texas. The 5K and 1 K Run Event shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on September 2, 2017. Public Park Property shall mean the gazebo, parking lot and surrounding property of Natural Springs Park, and the Natural Springs Trail system. Special Event means any event that operates wholly or partially within the incorporated City limit's and may require the use of or assistance from any department or employee of the City, or the use of any City property. Section 3. Section 3. General Requirements Section 4. 3.01 Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit B. The Council authorizes the Special Event, subject to the following restrictions: Parking Restrictions: All parking for the event will be conducted on premises designed or adapted for parking. Parking is to be prohibited on all public rights of way (shoulders, grass areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof, must be utilized to keep patrons from parking in rights of way. If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on Park Property: Except for designated parking areas and other designated areas approved by the Director of Planning and Development, motor vehicles are prohibited from driving on Park property. At the discretion of the Director of Planning and Development Motor vehicles may be allowed on some turf areas to deliver equipment but must be immediately removed when the delivery is complete. The City may prohibit any vehicle or trailer from driving on turf areas if in the opinion of the Director of Planning and Development the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Planning and Development, all motor vehicles are expressly prohibited from driving on or crossing the concrete walking trails. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to park property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Planning and Development. Section 5. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and will pay for any additional actual costs incurred by the City of Anna in reviewing such application that exceeds said amount. Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the 5K and 1 K Run Event and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the 5K and 1 K Run Event. Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the 5K and 1 K Run Event (the "Work"), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Section 6. Section 7. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the 5K and 1 K Run Event, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this contract and shall not relieve the GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City's Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna GACC Carrie L Smith, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 Kevin Hall, Executive Director 218 W Fourth Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 7. Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 8. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 9. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 10. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 11. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 12. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 13. Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 14. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, City and GACC have executed this Agreement. LIM Kevin Hall Philip Sanders Greater Anna Chamber of Commerce City Manager 5ARP, )AK TRAIL Akm long 0 pr u n un Alp BLACK OAK QQ T' I 0 Cl) uwj 001, Wki ITFOAK ROAD' 41 tural: prings fC�. ark A -, 3 x Arou uj Alt CRF, AWOOD DP\/E -R-lun 11 VILLOW WAY" ,, uj Lu th Amlit (n M Oak U) --------------- < CHESTNUT STk5Ej 4 SPECIAL EVENT PERMIT APPLICATION CF,YOFANNA TJX" Planning and Development Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-924-2616 Type of Event: ❑Carnival ❑Circus ❑Festival ❑Parade ❑Tent XOther AppantName: Cp AA p6/e � r C-x c- Address: W- `l 174' J'T2 ir£r City: Ar State: 7')r Zip Code.11 v Phone#: q'1 1— — BS 3 3 Email: K G ✓-T E.r7 E/t ily E M Date: p 1 q 111 *Note: Applications must be filed at least 30 da s in advance. A20ication Fee $50 non-refundable Deposit $300 refundable Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: City: State: Zip Code Dates of Activity: U q Z o-.> 1 i Reservation Time Block: PAA _ a P-41 Type of Activity (explain purpose of activity): -rK I Estimated Number of People Attending Activi o 0 Reservation Location: /yq+tw ra I SP,-' n j J Pa,,K Will Food and/or Beverages be on -site for the activity? 1,VYcs ❑ No Will Alcohol be served or sold? ❑ Yes &No if yes, include request letter If yes, please indicate who the vendors are (food and drinks): EVe'-%tk-'i T ce &—'f." VU nj 'Z,-, Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.): V 6) q O� ' en +j- *If City Resources (Personuel equipment and supplies) are used, the cost of Resources win be covered by the event sponsor. I Item No. 5.j. City Council Agenda Staff Report Meeting Date: 8/22/2017 YfOUR? HOMETOWN AGENDA ITEM: Resolution approving a site plan and landscape plan for the Avery Pointe Amenity Center. (Maurice Schwanke) SUMMARY: Lennar Homes of Texas, has submitted an application for approval of a site plan and landscape plan of the Avery Pointe Amenity Center. The amenity center is located on an existing platted lot within the Avery Pointe Subdivision. Through the development process, water, sewer, and storm drainage was accounted for. All of the required parking is located on site. The Planning and Zoning Commission recommended approval of the plans at the August 7th Planning and Zoning Meeting. STAFF RECOMMENDATION: Staff recommends approval of the Resolution approving the site plan and landscape plan for Avery Pointe Amenity Center. ATTACHMENTS: Description Upload Date Type Resolution approving Site Plan and Landscape Plan 8/17/2017 Resolution Exhibit 1, Site Plan 8/4/2017 Exhibit Exhibit 1, Landscape Plan Sheet 1 8/4/2017 Exhibit Exhibit 1, Landscape Plan Sheet 2 8/4/2017 Exhibit Location Map 8/3/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF AVERY POINTE AMENITY CENTER. 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-C of the Anna City Code of Ordinances ("Zoning Regulations"); and WHEREAS, Lennar Homes of Texas, has submitted an application for approval of a site plan and landscape plan of Avery Pointe Amenity Center; and WHEREAS, the lot on which the amenity center will be built was designed in the development of phase 1 of Avery Pointe; and WHEREAS, the appropriate water, wastewater, and drainage system were appropriately engineered according to developer's engineer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site plan and landscape plan of Avery Pointe Amenity Center attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day of August, 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mayor, Mike Crist 0 CA-12 0.15 ACRES EXISTING BARRIER FREE RAMP TO REMAIN P •1 I PROPOSED 5-0" WIDTH CONCRETE SIDEWALK I II II EXISTING SIDEWALK TO REMAIN. TYP b n~ 10' UTILITY & — SIDEWALK ESMT I AND LANDSCAPE I EASEMENT. WATER — 1 11 7'-6" HT. MINOR STONE COLUMN TO MATCH — PREVIOUS PHASES OF DEVELOPMENT. i EXISTING SIDEWALK TO REMAIN. TYP I ` I TIMBERF LLS DRIVE , I 10 I SMH \' PROPOSED 4'-0" WIDTH SAN. SEWER CONCRETE SIDEWALK I � I I WATER I I I EXISTING BARRIER d d I I ® FREE RAMP TO REMAIN I I VANI a / 10' U.E. & L.S.E. 0 — — — — — — \ � — — — I I I — \1 d a 25' B.L. i a I I 1 I I I l Q I I I I a` I ��.--------- I I I N �I � I � •—• I wl . da Q I I d WATER a PROPOSED 5-0" WIDTH W CONCRETE SIDEWALK \ 717 r VAM T IL 7 it I I I I I I I I I I I G 46 I I I I I I I I I I G I �I wl I PROPOSED 4'-0" WIDTH oI CONCRETE SIDEWALK I `� I I I AVERY POINTE DRIVE I I • I h I I I � I I I I - •� • � I PROPOSED 6'-0" WIDTH CONCRETE SIDEWALK — — 10, U.E. �I I I dl I I POOL DECK I I I I I • I I • L� I I 717 I II EX. INLET r 16- 25B.L. POOL DECK G EQUIP. 1 ENCL. BUILDING ` FACILITY ; • `_/4 o 10'x10' DAY BED STRUCTURE. TYP 6'-0" HT. ORNAMENTAL METAL FENCE CA - AMENITY CE 1.81 ACRES O ANNA 455 COMMERCIAL, L.P. CC# 20071205001623100 D.R.C.C.T. 25'x15' CEDAR SHADE STRUCTURE. �18 \ I b + we . R5'-0„ I.... . H/C ..'.'.'. I'.'.'.'. .... .......I..... 5'-0 I' 11,01 :.... I.... R30,'„ . 0...:.. R5410,; ... + 18'-0" 181-0 TYP TYP ,..'.. 715 •i✓:LaI--�- I � `INLET R5'-0" a R5'-O" N + PROPOSED 4'-0" WIDTH CONCRETE SIDEWALK L 25' B.L. 10' U.E. AND LANDSCAPE EDGE 6'-0" HT. BRICK THINWALL TO MATCH PREVIOUS PHASES OF DEVELOPMENT. I wl al oc �I WI �I o I I h r- I I I I I I ss - SSMI I I EXISTING BARRIER FREE RAMP TO REMAIN WATER da d PROPOSED 4'-0" WIDTH CONCRETE SIDEWALK a1W-4 BFR 1 R30'-O" R30'-O" BFR -.- SSMH — PROPOSED 4'-0" WIDTH CONCRETE SIDEWALK I _ 715 716 IN '7,'7 6'-0" HT. BOARD ON BOARD CEDAR FENCE BY BUILDER. T-6" HT. MINOR STONE COLUMN TO MATCH PREVIOUS PHASES OF DEVELOPMENT. SAN. SEWER LEGEND © PROPOSED PARKING COUNT ORNAMENTAL METAL FENCE (6'-0" HT. AROUND SWIMMING POOL AREA) BFR PROPOSED BARRIER FREE RAMP (__1 1 - 4' 0" WIDTH SELF LATCHING, H/C HANDICAP PARKING SPACE c, SELF CLOSING METAL GATE EXISTING FIRE HYDRANT t1_1 1 - 4'-0" WIDTH SELF LATCHING, G SELF CLOSING WOODEN GATE • EXISTING SANITARY SEWER MANHOLE 6'-0" HT. WOOD FENCE TO ACT AS POOL ............ EQUIPMENT AND TRASH TOTE ENCLOSURE EXISTING WATER MAIN W/ VALVE 1, O 6'-0" PARK BENCH EXISTING SANITARY SEWER #'= EXISTING STORM BICYCLE RACK EXISTING CURB INLET F —1 10'x10' STANDING SEAM METAL SHADE AWNING L J • RIGHT-OF-WAY EXISTING 1.5" DOMESTIC 00 ® T-6" HT. MINOR STONE COLUMN TO MATCH WATER METER PREVIOUS PHASES OF DEVELOPMENT. 00— EXISTING 1.5" IRRIGATION 6'-0" HT. BRICK THINWALL TO MATCH WATER METER PREVIOUS PHASES OF DEVELOPMENT. L 5'x5' LANDING FOR ADA PASSING 6'-0" HT. BOARD ON BOARD CEDAR FENCE. BLOCK U, LOT 66 SITE INFORMATION ZONING: SINGLE FAMILY RESIDENTIAL PROPOSED USE: PRIVATE RECREATION CENTER LAND AREA: 78,843.60 S.F. OR 1.81 ACRES BUILDING AREA: 480.00 SF RESTROOM: 272.00 SF STORAGE: 62.00 ATTACHED OUTDOOR: 146.00 SF BUILDING HEIGHTS: 20'-6" (1 STORY) FLOOR TO AREA: 0.006:1 [480.00/78,843.60] LOT COVERAGE: 0.60% SHADE STRUCTURE AREA: 350.00 SF SHADE STRUCTURE HEIGHT: 13'-8" FLOOR TO AREA: 0.004:1 [350.00/78,843.60] LOT COVERAGE: 0.44% PARKING REQUIRED: 10 SPACES PER 1,000 SF OF WATER SURFACE PARKING REQUIRED: 2,558.00/100*10 = 25.58 SPACES REQUIRED PARKING PROVIDED: 26 TOTAL, (WITH 2 HANDICAP) HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH ADA STANDARDS TOTAL IMPERVIOUS SURFACE: 22,524.00 SF, 25.56% INTERIOR LANDSCAPE REQUIRED: (LOT AREA X 10%) 7,884.36 SF INTERIOR LANDSCAPE PROVIDED: 56,319.60 SF SITE PLAN NOTES: • NO 100 YEAR FLOOD PLAIN EXISTS ON PROPERTY. • NO PROTECTED TREES EXIST ON DEVELOPMENT SITE. • THE PROPOSED BUILDING IS AN AIR CONDITIONED SPACE; THE HVAC EQUIPMENT WILL BE LOCATED NEAR THE BUILDING AND SCREENED WITH LANDSCAPE MATERIAL. • LIGHTING FOR THE SUBJECT PROPERTY SHALL BE CONSTRUCTED IN CONFORMANCE WITH THE CITY OF ANNA CODE OF ORDINANCES. • ALL POOL EQUIPMENT AND TRASH CAN TOTES SHALL BE SCREENING WITH A 6'-0" HT. WOODEN FENCE. • FOR ALL BARRIER FREE RAMPS NOTED ON PLAN, REFERENCE THE CITY OF ANNA STANDARD CONSTRUCTION DETAILS. • ALL SIDEWALKS IN FRONT OF HEAD -IN PARKING SHALL BE 6'-0" WIDTH. WATER METER SCHEDULE METER ID NUMBER WATER SERVICE SIZE WATER METER SIZE METER SAN. SERVICE SIZE DOM. IRR. - UTILITY NOTES 1. SANITARY SEWER LATERAL IS SHOWN ON PLAN TO BE LOCATED WITHIN 5'-O' FROM THE BUILDING PAD. MEP PLANS SHOW THE CONNECTION OF THE PROPOSED PLUMBING FIXTURES TO THIS LATERAL LINE. A TWO-WAY CLEAN OUT WILL BE PROVIDED AT THIS CONNECTION AS WELL AT THE PROPERTY LINE. 2. WATER LATERAL LINE IS SHOWN ON PLAN TO BE LOCATED 5-0" FROM THE BUILDING PAD. MEP PLANS WILL SHOW THE CONNECTION OF 64 THE PROPOSED PLUMBING FIXTURES TO THIS LATERAL LINE. A CUT-OFF DRAIN VALVE WILL BE PROVIDED INSIDE A WATER CUT-OFF BOX WITH A LOCKABLE COVER AT THIS CONNECTION. �o\' Oy\''Jph, O z � NORTH N� 2833 Q� 20 10 0 20 Scale: 1" = 20'-0" July 31, 2017 PROJECT LOCATION N LOCATION MAP (NOT TO SCALE) SITE PLAN AVERY POINTE PHASE ONE COMMON AREA 66 BLOCK U -AMENITY CENTER - BEING 1.81 ACRES SITUATED IN THE FRANCIS T. DUFFAU SURVEY, ABSTRACT NO. 288 CITY OF ANNA, COLLIN COUNTY, TEXAS OWNER / DEVELOPER: LENNAR HOMES 1707 MARKETPLACE BLVD UNIT #220 IRVING, TEXAS 75063 PH. (469) 587-5206 CONTACT: DAVID AUGHINBAUGH LANDSCAPE ARCHITECT: CODY JOHNSON STUDIO, LLC 12217 CHATTANOOGA DR. FRISCO, TEXAS 75035 PH. (903) 570-0162 CONTACT: CODY JOHNSON, ASLA, LI SUBMITTAL DATE: July 31, 2017 SP1 L 1 � I 1 1 I I 1 I/ I I I \. ► TIMBERF LLS DRIVE I 10 c- � I I ► SMH PROPOSED T-0" WIDTH I CONCRETE SIDEWALK I IfuKm I ► WATER �16 SSMI I SAN. SEWER EXISTING BARRIER FREE RAMP TO REMAIN EXISTING BARRIER +' ' I ® FREE RAMP TO REMAIN z CA-12 a� 0.15 ACRES • •- - - - - - - - - - - - - - - - - /.• ,:- 't: r •r .r. t• 1' WATER y PROPOSED 4'-0" WIDTH ;. PROPOSED 5-0" WIDTH CONCRETE SIDEWALK W CONCRETE SIDEWALK AVERY POINTE DRIVE 1 ' �r r•: ' . r r ' 7 17 PROPOSED 6'-0" r VAM 1 r� WIDTH •:.�• .f,•: CONCRETE EXISTING BARRIER �: SIDEWALK FREE RAMP TO REMAIN :i�.• " _ r I PROPOSED 5-0" WIDTH CONCRETE SIDEWALK III EXISTING SIDEWALK TO REMAIN. TYP I I b n~ I 10' UTILITY & SIDEWALK ESMT I AND LANDSCAPE EASEMENT. I I WATER I II II 7 -6" HT. MINOR STONE COLUMN TO MATCH PREVIOUS PHASES OF DEVELOPMENT. - PROPOSED CONCRETE as I I 4'-0" WIDTH SIDEWALK I I I I I I I I I I I ,I PUNT LEGEND SYMBOL KEY COMMON NAME SCIENTIFIC NAME SIZE SPACING 0LO LO LIVE OAK QUERCUS VIRGINIANA 3" CALIPER AS SHOWN o UCI. CE CEDAR ELM ULMUS CRASSIFOLIA 3" CALIPER AS SHOWN 0LE LE LACEBARK ELM ULMUS PARVIFOLIA 3" CALIPER AS SHOWN o L,G 1 I LGM LITTLE GEM MAGNOLIA MAGNOLIA GRANDIFLORA 'LITTLE GEM' 2" CALIPER AS SHOWN NELLY R. STEVENS HOLLY ILEX X NELLIE R. STEVENS 30 GALLON 36" O.C. O DWARF BURFORD HOLLY ILEX CORNUTA' DWARF 15 GALLON 30" O.C. BURFORD' INDIAN HAWTHORN'SNOW RHAPHIOLEPIS INDICA'SNOW 7 GALLON 30" O.C. 0000 0000 ] ,l I:IOPE GRASS LIRIOPE MUSCARI 1 GALLON 12" O.C. �o�oo 00000 ANNUAL COLOR TO BE SELECTED BY OWNER 4" POT 8" O.C. 00000 COMMON BERMUDA GRASS CYNODON DACTYLON SQUARE HYDROMULCH HRYDROMULCH FEET EX. STREET LIGHT SSMH PROPOSED 4'-0" WIDTH CONCRETE SIDEWALK — 715 -716— '7,7 6-0" HT. BOARD ON BOARD CEDAR FENCE BY BUILDER. a 10, U.E. AND EXISTING SIDEWALK ° I ANNA 455 COMMERCIAL, L.P. LANDSCAPE EDGE T-6" HT. MINOR STONE COLUMN TO MATCH TO REMAIN. TYP a CC# 20071205001623100 PREVIOUS PHASES OF DEVELOPMENT. I 11 a d I D.R.C.C.T. 6'-0" HT. BRICK THINWALL TO MATCH PREVIOUS PHASES OF DEVELOPMENT. SAN. SEWER 0 U h NN M O r- r- O C/) U O H Q O �„ z � o z PO Q O O O '20 �oQ U Uo,-1 �aW tiyust 01, 2017 NORTH 20 10 0 20 Scale: 1" = 20'-0" Bar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary. One Inch ct V Cn m CJS PROJECT NO. LEN003B SHEET NO. LS 1 of 2 A. B. C. D. E. F DO NOT CUT CENTRAL LEADER TRUNK FLARE SH REMAIN VISI TOP OF ROOTB. AT THE SURF, FINISH GRf LANDSCAPE PROVIDED MINIMUM TEN (10) FOOT LANDSCAPE EDGE PROVIDED TOTAL SITE AREA IN PERMANENT LANDSCAPE, 65,856 SF TOTAL STREET YARD ON SITE 21,640.63 SF AREA OF STREET YARD IN LANDSCAPE; 18,511.37 SF (85.54%) 85.65% OF THE ENTIRE SITE PROVIDED WITH LANDSCAPING 1 LARGE CANOPY TREE / 40 LF OF LANDSCAPE EDGE 392.16 LF OF FRONTAGE / 40 LF = 9.80 - LARGE TREES REQUIRED. PROVIDED: 12 - 3" CALIPER CANOPY TREES PROVIDED 10'-0" WIDTH LANDSCAPE EDGE ALONG PROPERTY LINES ARE PROVIDED AS A BUFFER 1 LARGE CANOPY TREE / 40 LF OF LANDSCAPE EDGE 887.96 LF OF FRONTAGE / 40 LF = 22.20 - LARGE TREES REQUIRED. PROVIDED: 23 - 3" CALIPER CANOPY TREES PROVIDED 2X ROOT BALL TYPICAL TREE PLANTING SECTION 1/2 SPACING AS SHOWN ON PLANT LIST PLANT LIST ESTIMATED KEY COMMON NAME SCIENTIFIC NAME SIZE SPACING REMARKS QUANTITY LO 17 LIVE OAK QUERCUS VIRGINIANA 3" CALIPER AS SHOWN NURSERY GROWN; FULL HEAD; MINIMUM BRANCHING HEIGHT AT 6'-0"; MINIMUM 10'-0" OVERALL HEIGHT. NURSERY GROWN; FULL HEAD; MINIMUM BRANCHING CE 14 CEDAR ELM ULMUS CRASSIFOLIA 3" CALIPER AS SHOWN HEIGHT AT 6'-0"; MINIMUM 10'-0" OVERALL HEIGHT. NURSERY GROWN; FULL HEAD; MINIMUM BRANCHING LE 11 LACEBARK ELM ULMUS PARVIFOLIA 3" CALIPER AS SHOWN HEIGHT AT 6'-0"; MINIMUM 10'-0" OVERALL HEIGHT. LGM 1 LITTLE GEM MAGNOLIA MAGNOLIA GRANDIFLORA 2 CALIPER AS SHOWN NURSERY GROWN; FULL HEAD; MINIMUM 8'-0" 'LITTLE GEM' OVERALL HEIGHT. 11 NELLY R. STEVENS HOLLY ILEX X NELLIE R. STEVENS 30 GALLON 36" O.C. CONTAINER GROWN; FULL PLANT. 14 DWARF BURFORD HOLLY ILEX CORNUTA' DWARF 15 GALLON 30" O.C. CONTAINER GROWN; FULL PLANT. BURFORD' 72 INDIAN HAWTHORN SNOW RHAPHIOLEPIS INDICA'SNOW 7 GALLON 30" O.C. CONTAINER GROWN; FULL PLANT. 275 LIRIOPE GRASS LIRIOPE MUSCARI 1 GALLON 12" O.C. CONTAINER GROWN; FULL PLANT. 125 ANNUAL COLOR TO BE SELECTED BY OWNER 4" POT 8" O.C. CONTAINER GROWN; FULL PLANT. 61,050 COMMON BERMUDA GRASS CYNODON DACTYLON SQU ATE HYDROMULCH MINIMUM 100% COVERAGE ALL AREAS SHOWN. ACK, 1/2" WIDE NYLON TAPE ?MOVE BURLAP FROM TOP kLF OF ROOT BALL MAX. 1" DOWN TAPER PLANTING BED DOWN EARTHEN WATERING RING FINISH TO TOP OF EDGING GRADE ULCH LAYER AS SPECIFIED MULCH LAYER AS SPECIFIED MINIMUM 2"x2"06" WOOD I� STAKE. POSITION TO PLANTING MIX SECURELY STABILIZE TREE. AS SPECIFIED PROVIDE (3) TOTAL ON EACH TREE. PLANTING MIX AS SPECIFIED 4" BENDA BOARD EDGING AS SPECIFIED \ \\; ` PLASTIC EDGING STAKES @ Y-0" O.C. MAX. WITH PLATED UNDISTURBED NATIVE SOIL DECK SCREWS FOR ATTACHMENT, LOCATE ON PLANTING SIDE OF EDGE SQUARE SPACING NOT TO SCALE TRIANGULAR SPACING NOTE: 1. TRIANGULAR SPACING IS PREFERRED. USE SQUARE SPACING ONLY IN SMALL RECTILINEAR AREAS. 2. "D" EQUALS THE SPACING DISTANCE AS SPECIFIED ON THE PLANT LEGEND. TYPICAL BED EDGING DETAIL SECTION REMOVE ALL LABELS AND TAGS TOP OF ROOTBALL SHALL BE 1-2" HIGHER THAN FINISH GRADE WHEN PLANTED MULCH LAYER AS SPECIFIED PLANTING MIX AS SPECIFIED REMOVE CONTAINER AND PRUNE ANY CIRCLING ROOT NOT TO SCALE SPACING AS SHOWN 40 ON PLANT LIST GENERAL LANDSCAPE NOTES INSPECTIONS: 1. NO EXCAVATION SHALL OCCUR IN CITY R.O.W. WITHOUT A R.O.W. PERMIT --CONTACT THE PUBLIC WORKS DEPARTMENT. 2. THE CONTRACTOR SHALL MARK ALL WATER LINES, SEWER LINES, AND TREE LOCATIONS PRIOR TO CALLING FOR ROW INSPECTION AND PERMIT. 3. THE LANDSCAPE INSTALLATION SHALL COMPLY WITH APPROVED LANDSCAPE DRAWINGS PRIOR TO FINAL ACCEPTANCE BY THE CITY AND ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 4. WATER METERS, CLEANOUTS AND OTHER APPURTENANCES, SHALL BE ACCESSIBLE, ADJUSTED TO GRADE, CLEARLY MARKED WITH FLAGGING AND COMPLIANT WITH PUBLIC WORKS DEPARTMENT STANDARDS PRIOR TO CALLING FOR FINAL LANDSCAPE AND ROW INSPECTIONS. LANDSCAPE STANDARDS: 1. PLANTINGS AND LANDSCAPE ELEMENTS SHALL COMPLY WITH THE CITY'S ENGINEERING DESIGN STANDARDS, PUBLIC R.O.W. VISIBILITY REQUIREMENTS. 2. UNLESS OTHERWISE SPECIFIED, TREES SHALL BE PLANTED NO LESS THAN T FROM CURBS, SIDEWALKS, UTILITY LINES, SCREENING WALLS AND OTHER STRUCTURES. THE CITY HAS FINAL APPROVAL FOR ALL TREE PLACEMENTS. 3. A MINIMUM THREE FEET (3) RADIUS AROUND A FIRE HYDRANT MUST REMAIN CLEAR OF LANDSCAPE PURSUANT TO THE FIRE CODE. 4. STREET TREES, WHERE REQUIRED, SHALL BE (10') MINIMUM FROM THE EDGE OF A STORM SEWER CURB INLET BOX AND THE EDGE OF THE ROOT BALL SHALL BE (4D MINIMUM FROM THE WATER METER. 5. THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1-2004) SPECIFICATIONS SHALL GOVERN PLANT QUALIFICATIONS, GRADES, AND STANDARDS. 6. TREE PLANTING SHALL COMPLY WITH DETAILS HEREIN AND THE INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) STANDARDS. 7. A 2-3" LAYER OF MULCH SHALL BE PROVIDED AROUND THE BASE OF THE PLANTED TREE. THE MULCH SHALL BE PULLED BACK 4" FROM THE TRUNK OF THE TREE. 8. TREE PITS SHALL BE TESTED FOR WATER PERCOLATION. IF WATER DOES NOT DRAIN OUT OF TREE PIT WITHIN 24-HOURS, THE TREE SHALL BE MOVED OR DRAINAGE SHALL BE PROVIDED. 9. ALL BEDS TO HAVE 3" OF COMPOSTED SOIL, LIVING EARTH TECHNOLOGY, OR APPROVED EQUAL TILLED AND TURNED TO A DEPTH OF 8" MINIMUM. 10. ALL PLANT BEDS SHALL BE TOP -DRESSED WITH A MINIMUM OF 3 INCHES OF HARDWOOD MULCH. 11. NATIVE SITE TOPSOIL IS TO BE PROTECTED FROM EROSION OR STOCKPILED. NATIVE SITE TOPSOIL SHALL BE LABORATORY TESTED BY AND ACCREDITED LABORATORY AND AMENDED PER SAID LABORATORY'S RECOMMENDATIONS. IRRIGATION STANDARDS: 1. ANY CHANGES TO THESE APPROVED IRRIGATION DRAWINGS SHALL BE AUTHORIZED BY THE CITY. 2. CONTACT DEVELOPMENT SERVICES FOR AN IRRIGATION PERMIT PRIOR TO INSTALLING THE IRRIGATION SYSTEM. 3. IRRIGATION OVER -SPRAY ON STREETS AND WALKS IS PROHIBITED. 4. MAINLINES, VALVES, OR CONTROL WIRES SHALL NOT BE LOCATED IN THE CITY'S ROW. 5. ET IRRIGATION CONTROLLERS SHALL BE PROGRAMMED AND ADJUSTED TO NOT EXCEED THE LANDSCAPE WATER ALLOWANCE (LWA) PRIOR TO APPROVAL OF LANDSCAPE INSTALLATION. 6. VALVES SHALL BE LOCATED A MINIMUM OF (3') AWAY FROM STORM SEWERS, AND SANITARY SEWER LINES AND 5 FEET FROM CITY FIRE HYDRANTS AND WATER VALVES. 7. THE BORE DEPTH UNDER STREETS, DRIVE AISLES, AND FIRE LANES SHALL PROVIDE (2D OF CLEARANCE (MINIMUM). 8. IRRIGATION HEADS THAT RUN PARALLEL AND NEAR PUBLIC WATER AND SANITARY SEWER LINES; SHALL BE FED FROM STUBBED LATERALS OR BULL -BEADS. A MINIMUM FIVE FOOT (5) SEPARATION IS REQUIRED BETWEEN IRRIGATION MAIN LINES AND LATERALS THAT RUN PARALLEL TO PUBLIC WATER AND SANITARY SEWER LINES. 9. NO VALVES, BACKFLOW PREVENTION ASSEMBLIES, QUICK COUPLERS ETC. SHALL BE LOCATED CLOSER THAN 10' FROM THE CURB AT STREET OR DRIVE INTERSECTION. MAINTENANCE STANDARDS: 1. THE OWNER SHALL BE RESPONSIBLE FOR THE ESTABLISHMENT, MAINTENANCE, AND VIGOR OF PLANT MATERIAL IN ACCORDANCE WITH THE DESIGN INTENT AND AS APPROPRIATE FOR THE SEASON OF THE YEAR. 2. LANDSCAPE AND OPEN AREAS SHALL BE FREE OF TRASH, LITTER AND WEEDS. 3. NO PLANT MATERIAL SHALL BE ALLOWED TO ENCROACH ON R.O.W., SIDEWALKS OR EASEMENTS TO THE EXTENT THAT VISION OR ROUTE OF TRAVEL FOR VEHICULAR, PEDESTRIAN, OR BICYCLE TRAFFIC IS IMPEDED. 4. TREE MAINTENANCE SHALL BE IN ACCORDANCE WITH THE STANDARDS OF THE INTERNATIONAL SOCIETY OF ARBORICULTURE. 5. TREE STAKING MATERIALS, IF USED, SHALL BE REMOVED AFTER (1) GROWING SEASON, NO MORE THAN (1) YEAR AFTER INSTALLATION (STEEL TREE STAKES, WIRES, AND HOSES ARE PROHIBITED). TREE PROTECTION NOTES: 1. CONTACT DEVELOPMENT SERVICES FOR A TREE REMOVAL PERMIT PRIOR TO REMOVAL OR TRANSPLANTING OF ANY TREES. 2. ALL TREES WHICH ARE TO REMAIN ON SITE SHALL BE PROTECTED WITH A (4') TALL BRIGHTLY COLORED PLASTIC FENCE, OR SILT FENCE, PLACED AT THE DRIP LINE OF THE TREES. 3. PRIOR TO THE PRE -CONSTRUCTION MEETING OR OBTAINING A GRADING PERMIT, ALL TREE MARKINGS AND PROTECTIVE FENCING SHALL BE INSTALLED BY THE OWNER AND BE INSPECTED BY DEVELOPMENT SERVICES. 4. NO EQUIPMENT SHALL BE CLEANED, OR HARMFUL LIQUIDS DEPOSITED WITHIN THE LIMITS OF THE ROOT ZONE OF TREES WHICH REMAIN ON SITE. 5. NO SIGNS, WIRES, OR OTHER ATTACHMENTS SHALL BE ATTACHED TO ANY TREE TO REMAIN ON SITE. 6. VEHICULAR AND CONSTRUCTION EQUIPMENT SHALL NOT PARK OR DRIVE WITHIN THE LIMITS OF THE DRIP LINE. 7. GRADE CHANGES IN EXCESS OF 3 INCHES (CUT OR FILL) SHALL NOT BE ALLOWED WITHIN A ROOT ZONE, UNLESS ADEQUATE TREE PRESERVATION METHODS ARE APPROVED BY THE CITY. 8. NO TRENCHING SHALL BE ALLOWED WITHIN THE DRIP -LINE OF A TREE, UNLESS APPROVED BY THE CITY. 9. ALL REMOVED TREES SHALL BE CHIPPED AND USED FOR MULCH ON SITE OR HAULED OFF -SITE. 10. ALL TREE MAINTENANCE TECHNIQUES SHALL BE IN CONFORMANCE WITH INDUSTRY IDENTIFIED STANDARDS. IMPROPER OR MALICIOUS PRUNING TECHNIQUES ARE STRICTLY PROHIBITED. TOP OF MULCH SHALL BE 1/2" BELOW SIDEWALK CONCRETE SIDEWALK PLANTING MIX AS SPECIFIED UNDISTURBED NATIVE SOIL ,Lis t (11, 201 i Bar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary. One Inch ct ^U ct H U V) ct ct ct ,C P4-4 U U U U U ct 0 44 0 � U CJS PROJECT NO. LEN003B TYPICAL SHRUB AND GROUNDCOVER PLANTING PLAN/SECTION L NOT TO SCALE SHEET NO. LS2 of 2 i IM :lei a POO 1 Item No. 5.k. City Council Agenda Staff Report Meeting Date: 8/22/2017 Y{OUW HOMETOWN AGENDA ITEM: Resolution approving a development plat of the the Pepper 376 Development. (Maurice Schwanke) SUMMARY: J. Gill Jones has submitted an application for approval of the Pepper 376 development plat. The development plat for your review is located outside the City Limits and within Anna's exterritorial jurisdiction. The tract is located in the Robert Whitaker Survey, Abstract No. 1011 and contains approximately 17.885 acres of land on the north side of CR 376. The owner is proposing to offer leased parking spaces for boats, RV and Trailers on the property. They have also proposed that the property will likely have a balance of 50% parking, 25% light industrial offices and 25% storage buildings. The City of Anna does not regulate land use outside the City Limits. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission reviewed and recommended approval of the development plat during their August 7th meeting. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and development plat. ATTACHMENTS: Description Upload Date Type Resolution approving the Pepper 376 Development Plat 8/14/2017 Resolution Exhibit 1, Pepper 376 Development Plat 8/3/2017 Exhibit Location Map 8/14/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "PEPPER 376 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, J. Gill Jones has submitted an application for approval of the Pepper 376 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 Pepper 376 development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd, day of August, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist N L N l a J a m I I n I I - ROW TO N I I I I COLLIN COUNTY JOHNNIE & ELEANOR CURIEL JOAQUIN & HUGO MARTINEZ C.C. NO. 2006-347370 VOLUME 2478, PAGE 47 C.C. NO. 20160707000863910 I I I I I I I I I I I I II I I I N 01 °5#'09" F, 1120.33' I IP B I �M 0 4 V T cIRS II PROPOSED CHAINLINK FENCE I I 0 59.7' O 77 T 1 7 0 O 1 1341' © 50 CROSSTEX NORTH TEXAS PIPELINE EASEMENT VOLUME 6044, PAGE 2174 82' 0 O 0 f — — — — — — — — O O O co o C`'J LO LO o �I � 0 O N O CS L O Z v o2 I U � Z ZD O U I Z I J J O U 3 I p I 59.7' --W-9 NOTES: I 1 1 9111 24' FIRELANE �- AC ESS EASE ENT J Q O w z � J � p U U Z O m 26 50.00' 24' LO N 65, - g I� w J � Q O � N U � I2 W � I O U 20' X 1 10' (yP) 20' X 100' 20' X 100' 20' X 100' F20' X 100' 20' X 100' (yP) 20' X120' M 24' FIRELANE & ACCESS EASEMENT 24' FIRELANE & ACCESS EASEMENT 835 x GATED ENTRY GATE \ 2.3' 20.0' 25' X 100' (TYP) 25' X 160' 24' FIRELANE & ACCESS EASEMENT z - uIg w \ W N I - �m 24' FIRELANE & ACCESS EASEMENT N 57.4' \ U� UJ zY z 24' FIRELANE & ACCESS EASEMENT � N � 25' X 100' \ %I 25' X 85' a 50.00' 25' X 160' GATED ENTRY\ J 27.2' 24FIRELANE & ACCESS EASEMENT _ 24' FIRELANE &ACCESS EASEMENT S 02011 '36" W 235.34' 5.8'CIRS 25' X 100' � a � 25' X 150' NI _ 24' FIRELANE & ACCESS EASEMENT I q co o STEPHEN KALT - C.C. NO. 20090520000612580 0 24' FIRELANE & ACCESS EASEMENT CIQ� f 20.0' o (TYP) 34' GATE 1. The original copy will have original signatures, stamp seal and on impression seal. 2. Copyright 2017, Surdukan Surveying, Inc. 3. This survey is being provided solely for the use of the current parties. 4. This survey is subject to all easements of record. 5. The bases of bearings, horizontal and vertical position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nod83, North Central Zone, Nod 83 (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (GEIOD03). FLOOD NOTE. Said described property is located within an area having a Zone Designation 'X" (Unshaded) by the Secretary of Housing and Urban Development, on Flood Insurance Rate Map No. 48085CO160 J and 48085CO70 J, with a date of identification of June 2, 2009, for Community Number 480782, in Collin County, State of Texas, which is the current Flood Insurance Rate Map for the community in which the Premises is situated. • ai ct O x (TYP) 24 FIRELANE &ACCESS EASEMENT 24 FIRELANE &ACCESS EASEMENT 0 N 25' X 100' 78.2 25' X 150' 17.T s_t' PROPOSED CHAINLINK FENCE 13.8' CIRS S 02°08'52" W 295. 00' 1 C.M. S 01 °46'51 " W 590. 00' 'I I 3.1' I I I I FLOYD ARGUE C.C. NO. 20120717000862020 SURVEYOR'S CERTIFICATE The survey shown hereon is a true representation of the property as determined by a survey made on the ground and under my personal supervision. All visible improvements are as shown. There are no visible encroachments, conflicts, or protrusions, except as shown. This survey conforms to the Texas Board of Professional Land Surveyors' Minimum Standards of Practice, as adopted by the Board effective September 1, 2016. The property is subject to all easements of recor David J. Surdukan R.P.L.S. No. 461J ,`P�OF � GAS T fR •. "1- �.; AVID J. SURDUKAN SU TRACY LYNN ARGUE C.C. NO. 20091023001304050 LOCATION MAP CIRS #� GATED BACK ENTRANCE FOR v EXIT BUT NO ENTRY EXCEPT FOR EMERGENCY VEHICLE VENKATESWARA GOTTIPATI C.C. NO. 20160722000945420 Iw I� I w Iw I � � C I ED I 'co I I I Jb SOFTWARE & CONSULTING. INC. C.C. NO. 20160628000817830 I I I I I ' I I 50' ACCESS EASEMENT I C.C. NO 20160510000567490 GATED BACK ENTRANCE FOR EXIT BUT NO ENTRY EXCEPT ! I FOR EMERGENCY VEHICLE M NORTH SCALE 1"= 60' 0 60 120 180 LEGEND C.M. = CONTROLLING MONUMENT CIRS = CAPPED 1/2 IRON ROD SET STAMPED (4613) IRF = IRON ROD FOUND IRS = IRON ROD SET = POWER POLE y = GUYWIRE = SIGN © = GAS SIGN M = TELEPHONE BOX O = PIPE LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No. 1011, Collin County, Texas and being all of tracts conveyed to Pepper Family Partnership, LTD. as recorded in Volume 4577, Page 3016 of the Deed Records of Collin County, Texas, and being part of tracts conveyed to Pepper Family Partnership, LTD. as recorded in Volume 4244, Page 2851 of the Deed Records of Collin County, Texos,ond being more particularly described by metes and bounds as follows: BEGINNING at a capped 112" iron rod stamped "4613" set for corner at the northwest corner of said tracts conveyed to the Pepper Family Partnership in Volume 4577, Page 3016, D.R.C.C.T.; THENCE S 88°25'51 " E a distance of 759.00' to a capped 112" iron rod stamped "4613" set for corner, THENCE S 01'46'51 " W a distance of 590.00' to a 112" iron rod found for corner, THENCE S 02*08'52" W a distance of 295.00' to a 112" iron rod found for corner, THENCE N 88°25'51 " W a distance of 304.49' to a capped 112" iron rod stamped "4613" set for corner, THENCE S 02*11'36" W a distance of 235.34' to a capped 112" iron rod stamped "4613" set for corner in the north Right Of Way line of County Road No. 376; THENCE N 88°25'50" W following the north Right Of Way line of County Road No. 376 a distance of 453.31 'to a capped 112" iron rod stamped "4613" set for corner, THENCE N 01'54'09" E a distance of 1120.33' to the POINT OF BEGINNING and containing 779,071 Square Feet or 17.872 Acres of land. DEVELOPEMENT PLAT PEPPER 376 DEVELOPMENT 17.885 ACRES ROBERT WHITAKER SURVEY ABSTRACT NO. 1011 COLLIN COUNTY, TEXAS OWNER SURVEYOR PEPPER FAMILY PARTNERSHIP. LTD SURDUKAN SURVEYING, INC. 2441 CR 376 P.O. BOX 126 ANNA, TEXAS 75409 ANNA, TEXAS 75409 (214) 793-8481 (972) 924-8200 FIRM NO. 10069500 REVISION DATE. JULY 15, 2017 SCALE 1 " = 60' DATE. MAY 22, 2017 JOB No. 2017-50 —N I Item No. 5.1. City Council Agenda Staff Report Meeting Date: 8/22/2017 YOUR) HOMETOWN AGENDA ITEM: Resolution approving the Douglas and Constance Stevens development plat. (Maurice Schwanke) SUMMARY: Doug and Connie Stevens have submitted an application for approval of the Douglas and Constance Stevens development plat. The development plat for your review is located within Anna's exterritorial jurisdiction on property generally known as 10560 CR 289. The tract is located in the Joseph Britton Survey, Abstract No. 72 and contains approximately 5.708 acres of land. The owner is proposing to construct a house on the property. The submittal meets the City of Anna development plat requirements. The Planning and Zoning Commission approved the development plat during their August 7th meeting. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and development plat. ATTACHMENTS: Description Upload Date Type Resolution approving Development Plan 8/17/2017 Resolution Exhibit 1, Development Plat 8/8/2017 Exhibit Location Map 8/3/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE DOUGLAS AND CONSTANCE STEVENS 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, Doug and Connie Stevens have submitted an application for approval of the Douglas and Constance Stevens development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: _Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. _Approval of Development Plat. The City Council hereby approves the Douglas and Constance Stevens development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd, day of August, 2017. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist Property Description ccj F C Legend 7.7 Notes: 1) CM is a controlling monument. 2) Subject property is affected by any and all notes, details, easements and other matters, that are shown on or as part of the recorded plat and/or as part of a title commitment/survey request. 3) No part of the subject property lies within a Special Flood Hazard Area inundated by 100—year flood per Map Number 48085CO155 J of the F.E.M.A. Flood Insurance Rate Maps for Collin County, Texas and Incorporated Areas dated June 2, 2009 (Zone X). 4) Survey performed with the benefit of Title Commitment GF No. 17-301520—MM issued May 3, 2017. 5) The basis of bearings is the 26.947 acre tract recorded under County Clerk No. 20141028001176860 of the Collin County Land Records. 6) No physical evidence on ground to support that A T & T Esm't. in Vol. 350, Pg. 159 or South Grayson Water Supply Corp. in Vol. 1122, Pg. 181 affects the subject property. STATE OF TEXAS COUNTY OF COLLIN THAT I, F. accurate survey c supervision. This of Plano, Texas F. E. Bemenderfer, R.P.L.S. No. 4051 STATE OF TEXAS COUNTY OF COLLIN Bemenderfer Jr., land and that the plat was prepared in I RPLS 5387 Cpd.IRF L6 O N M O Q) /2"IRF FIFICATE l 05.99 7 % c. Tr. Vol. 5200, T'q. 5012, MI R do hereby certify that I prepared corner monuments shown thereon accordance with the subdivision SITUATED in the State of Texas, County of Collin, being part of the Joseph Britton Survey, Abstract No. 72, being the south portion of a called 26.947 acre tract as recorded under County Clerk No. 20141028001176860 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a RPLS 5387 capped iron rod found in the asphalt of County Road 289 marking the southwest corner of said 26.947 acre tract, the southwest corner of the herein described premises, the northwest corner of Clopton Addition as recorded in Volume P, Page 210 of the Collin County Map Records, and being in the east line of a 434.188 acre tract as recorded under County Clerk No. 92-0079942 of the Collin County Land Records; THENCE with the approximate middle of County Road 289, the west line of said 26.947 acre tract, and the east line of said 434.188 acre tract, North 06°08'58" East, 375.84 feet to a RPLS 5387 capped iron rod found in the asphalt of County Road 289 marking the northwest corner a said premises, and the southwest corner of an unrecorded 10.2 acre tract; THENCE departing said roadway, passing through said 26.947 acre tract, and along the south line of said 10.2 acre tract as follows: South 89°53'46" East, 143.22 feet to a RPLS 5387 capped iron rod found for corner; South 31 °05'32" East, 105.63 feet to a 1 /2" iron rod found for corner; South 89°58'07" East, 579.66 feet to a RPLS 5387 capped iron rod found marking the northeast corner of the herein described premises, and northeast corner of said premises, the southeast corner of said 10.2 acre tract, being in the east line of said 26.947 acre tract, and the west line of a 103.991 acre tract as recorded in Volume 5200, Page 5012 of the Collin County Land Records; THENCE with the east line of said 26.947 acre tract, and the west line of said 103.991 acre tract, South 00°37'44" West, 295.91 to a 1 /2" iron rod found marking the southeast corner of said premises, said 26.947 acre tract, and the northeast corner of the aforementioned Clopton Addition; THENCE with the south line of 26.947 acre tract, and the north line of said Clopton Addition as follows: North 89°28'22" West, 295.24 feet to a Railroad Spike found in a tree; North 88°50' 17" West, 519.32 feet to the place of beginning and containing 5.708 acres of land and being the same tract of land as described under County Clerk No. 20170517000634820 of the Collin County Land Records. this plat from an actual and were properly placed under my rules and regulations of the City BEFORE ME, the undersigned authority, on this day personally appeared F. E. Bemenderfer, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, who acknowledged to me that the some was executed for the purposes and consideration therein expressed and in the capacity therein stated and as that act and deed therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ----------------- Notary Public in and for The State of Texas day of 20__. 0 ►, 3 ,R Development Plat Douglas & Constance Stevens 10560 County Road 289 5.708 A cres Joseph Britton Survey, Abstract No. 72 City of Anna, Collin County, Texas July 25, 2017 P./AC/2017Q3/AC837147dwg I Item No. 6. City Council Agenda Staff Report Meeting Date: 8/22/2017 y{OUR) HOMETOWN AGENDA ITEM: Conduct a Public Hearing on the proposed FY 2017-2018 Budget. (Dana Thornhill) SUMMARY: The Annual Budget is one of the most important financial responsibilities of a local government, and preparation of the budget typically takes 6 months to complete. Since April, each City Council meeting has included a workshop presentation and discussion of the proposed budget. These workshops included detailed discussions of all department operating budgets and a review of supplemental requests for new or enhanced services proposed for the upcoming fiscal year. The Annual Budget is developed through an extensive process of reviewing requests received from various City departments then prioritizing those requests in a manner that utilizes resources effectively, within fiscal constraints, while working to achieve the City's strategic goals. The final version of the proposed budget was presented to the City Council on July 25th and can be found on our website at www.annatexas.gov under the Finance Department. The proposed budget is funded by a property tax rate of $0.601288 which is $0.027712 less than the current tax rate of $0.629. If approved, this would be the fourth straight year that the City Council has reduced the property tax rate. When compared with other cities in our area, the City of Anna continues to have one of the lowest per -capita property tax levies. According to the most recent population estimates, the City of Anna's population grew 9.5% in 2016, and we anticipate a steady increase of 7 to 10 percent annual growth over the next few years. In order to keep pace with the service requirements of a rapidly growing city, the proposed budget recommends the addition of seventeen (17) new full-time positons and one (1) part-time position. New employees will be added to several City departments, including: Police, Fire, Streets, Water, Wastewater, Parks, and Finance. In November of 2016, a ballot proposition to reallocate a portion of the local option sales tax to the General Fund was approved. As a result, the portion of the sales tax revenue allocated to the General Fund increased from 1 % to 1.25%. The revenue generated in FY 2018 by the additional 0.25% sales tax allocation will be added to the Streets department budget to pay for capital improvement projects. The City is evaluating the issuance of bonds in FY 2018 to pay for several new street projects including the reconstruction of Hackberry Lane between SH 5 and Slayter Creek. Future revenue from the sales tax reallocation may be used to offset bond payments for the Hackberry Lane project and other roadway improvement projects. As Anna continues to grow, the City remains committed to the vision and goals outlined in its Strategic Plan. The 2017-18 fiscal year budget is designed to preserve and enhance the quality of existing services and respond appropriately to our city's continuing growth and development. The Council will vote to adopt the FY 2018 budget on September 12th. -ICUM :7Xd01MVIM I,117_19MkiA This is a public hearing only. No City Council action is required at this time. I Item No. 7. City Council Agenda Staff Report Meeting Date: 8/22/2017 y{OUR) HOMETOWN AGENDA ITEM: Conduct a Public Hearing on the Proposed 2017 Tax Rate. (Dana Thornhill) SUMMARY: The City Council scheduled August 22nd, 2017 at 7:30 p.m. as the date and time for the first public hearing on the proposed 2017 Tax Rate. The second public hearing is scheduled for September 5, 2017 at 6:30 p.m. 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 $0.027712 less than the current rate of $0.629000. 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 $0.629000 per $100 Effective Tax Rate $0.550525 per $100 Rollback Tax Rate $0.601288 per $100 The effective tax rate is lower than the current rate because the value of properties taxed in both years has increased. 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: This is a public hearing only. No action by the City Council is required at this time. Item No. 8. City Council Agenda Staff Report Meeting Date: 8/22/2017 AGENDA ITEM: Consider/Discuss/Action regarding a Resolution authorizing an Agreement for the annual audit. (Dana Thornhill) SUMMARY: The City Charter and the Texas Local Government Code require that the City have an annual audit performed by an independent certified public accountant. After evaluating the prior year audit and reviewing our goals for the upcoming audit, staff requested that LaFollett and Abbott, PLLC submit a proposal for audit services. Staff has evaluated the proposal and determined that LaFollett and Abbott, PLLC have sufficient experience and are qualified to provide these services. Staff is recommending that the City enter into a two year agreement for audit services with LaFollett and Abbott, PLLC with the option to renew for three additional years. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution authorizing the City Manager and the Mayor to execute an agreement with LaFollett and Abbott, PLLC for audit services. ATTACHMENTS: Description Upload Date Type Audit Resolution 8/17/2017 Resolution Exhibit 1, LaFollett and Abbott Engagement Letter 8/17/2017 Exhibit LaFollett and Abbott Proposal 8/17/2017 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER AND THE MAYOR TO EXECUTE AN ENGAGEMENT LETTER FOR AUDIT SERVICES WHEREAS, the City Charter of the City of Anna and Chapter 103 of the Texas Local Government Code require that the City have an annual audit performed by independent certified public accountants; and WHEREAS, the City of Anna, Texas (the "City") has requested a new proposal for audit services from LaFollett and Abbot, PLLC; and WHEREAS, City staff, after receiving and reviewing information from LaFollett and Abbot, PLLC, has determined that the independent accounting firm is experienced and qualified to provide these services; and WHEREAS, the Engagement Letter agreement authorizes LaFollett and Abbot, PLLC to provide audit services for a period of two years with three additional optional years; 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. Authorization The City Council herby authorizes the City Manager and the Mayor to execute an Engagement Letter with LaFollett and Abbott, PLLC for audit services, attached hereto as Exhibit 1. The City Manager is further authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Engagement Letter agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of August, 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist RES. PAGE 1 OF 1 and Abbott PLLC Certified Public Accountants August 15, 2017 Susan La Follett, CPA — Partner Rod Abbott, CPA — Partner To the Mayor, Council and Management of the City of Anna, Texas 101 N. Powell Street Anna, TX 75409 We are pleased to confirm our understanding of the services we are to provide the City of Anna for the years ending September 30, 2017, 2018, 2019, 2020, and 2021. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City of Anna as of and for the years ending September 30, 2017, 2018, 2019, 2020, and 2021. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City of Anna's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Anna's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis 2) General Fund Budgetary Comparison 3) Economic Development Fund Budgetary Comparison 4) Schedule of TMRS Contributions —Last 10 years 5) Schedules of Changes in Net Pension Liability and Related Ratios —Last 10 years We have also been engaged to report on supplementary information other than RSI that accompanies the City of Anna's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements: 1) Combining Balance Sheet — Nonmajor Governmental Funds La Follett and Abbott PLLC PO Box 717 - Tom Bean, TX - 75489 903-546-6975 - www.lafollettcpa.com 2) Combining Statement of Revenues, Expenditures and Changes in Fund Balances — Nonmajor Governmental Funds 3) Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual a. Debt Service Fund b. Community Development Fund The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information. 1) Introductory Section a. Letter of Transmittal b. Organization Chart c. List of Elected and Management 2) Statistical Section a. Net Position by Component b. Changes in Net Position c. Fund Balances, Government Funds d. Changes in Fund Balance, Governmental Funds e. Assessed Value and Estimated Actual Value of Taxable Property f. Direct and Overlapping Property Tax Rates g. Principal Property Taxpayers h. Property Tax Levies and Collections i. Ratios of Outstanding Debt by Type j. Ratio of General Bonded Debt Outstanding k. Direct and Overlapping Governmental Activities Debt 1. Pledged -Revenue Coverage m. Demographic and Economic Statistics n. Principal Employers o. Full-time Equivalent City Employees by Function/Program p. Operating Indicators by Function/Program q. Capital Asset Statistics by Function/Program Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the first paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Anna and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City of Anna's financial statements. Our report will be addressed to the Honorable Mayor and City Council of the City of Anna. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City of Anna is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures —General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures —Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures —Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Anna's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City of Anna in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, and maintaining effective internal controls, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We may from time to time and depending on the circumstances, use third -party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Anna; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of LaFollett and Abbott PLLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to federal agencies providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of LaFollett and Abbott PLLC personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a federal agency, oversight agency for audit, or Pass -through Entity. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit in December 2018 and to issue our reports no later than March 31, 2018. Rod Abbott, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $22,300 for 2017, $22,850 for 2018, $23,500 for 2019, $24,250 for 2020, and $24,950 for 2021 respectively. Our gross fees include auditing the CDC and EDC at $950 per unit per year. The above total fees do not include additional fees estimated at $4,500 to $6,500 that will apply for any year which Single Audit procedures under Uniform Guidance are required. We also request the City to submit a $4,000 retainer when returning this letter and recurring with optional annual renewal years. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out- of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Anna and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it and the retainer of $4,000 to us. Very truly yours, j ' LaFollett and Abbott, PLLC Certified Public Accountants RESPONSE: This letter correctly sets forth the understanding of the City of Anna. Management signature: Title: Date: Governance signature: Title: Date: LAFOLLETT & ABBOTT PLLC CERTIFIED PUBLIC ACCOUNTANTS 118 Cottonbelt P. O. Box 717 Tom Bean, TX 75489-0717 Response to the City of Anna's Auditing Services Request for Proposal Authorized Contact: Rod Abbott, CPA — Audit Partner PO Box 717, Tom Bean, Tx. 75489 (903) 546-6975 rod. abbottklafollettcPa.com and Abbott PLLC Certified Public Accountants EXECUTIVE SUMMARY August 7, 2017 Susan LaFollett, CPA — Partner Rod Abbott, CPA — Partner To the Mayor, Council and Management of the City of Anna, Texas 101 N. Powell Street Anna, TX 75409 Dear Mayor, Council and Management: Thank you for your request for our proposal to perform the financial audit of the City of Anna, Texas (the City) for the fiscal years ending September 30, 2017 through September 30, 2021. Our proposal for auditing the City of Anna will be in accordance with Generally Accepted Auditing Standards (GAAS), Government Audit Standards (the Yellow Book), the American Institute of Certified Public Accountants (AICPA), and as necessary, the Single Audit Act under the Uniform Guidance. We'll also prepare the Comprehensive Annual Financial Report (CAFR) in the prescribed format necessary for the City to receive the GFOA's Certificate of Achievement for Excellence in Financial Reporting (the certificate). We believe that awarding the engagement to us will have several advantages to your City. We are currently engaged as the independent auditor for several municipalities that follow Government Auditing Standards. This year our firm will perform several municipal audits in Texas and our staff consists of only experienced auditors. Our partners also have experience working with your Asyst software. We currently prepare the CAFR for one recurring client that has received the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting for years 2013, 2014, and 2015 (2016 certificate is pending). We have also been engaged for fiscal year 2017 to audit another City that submits a CAFR to the GFOA, so the City of Anna would only be our firm's third CAFR client that submits for the GFOA's certificate. ObviouslX your City will be a very important client to our firm as we continue to grow our audit practice. Many audit firms consider cities the size of Anna as "small" and their audits sometimes get "lost in the mix" as larger cities get priority. For our firm, your City is definitely "large" and the service you will receive from us will reflect this fact. Our firm is 100% committed to issuing the City's CAFR by the required deadlines and for the CAFR being awarded the GFOA certificate. Please give serious consideration to our proposal noting our governmental and nonprofit auditing experience, our membership in the American Institute of CPAs, Texas Society of CPAs, and Government Finance Officers Association. The firm's record with all regulatory and licensing, and professional organization is totally unblemished. Mrs. Susan LaFollett, CPA and Mr. Rod Abbott, CPA are authorized to represent the firm. Our fee estimate is found in the section labeled "Dollar Cost Bid". LaFollett and Abbott PLLC PO Box 717 - Tom Bean, TX - 75489 903-546-6975 - www.lafollettcpa.com If you have any questions about our proposal, please do not hesitate to let us know. Sincerely, LaFollett & Abbott PLLC Certified Public Accountants PROPOSAL FOR THE CITY OF ANNA FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2017 THROUGH 2O21 TABLE OF CONTENTS Page TransmittalLetter................................................................................................. i Proposer and Staff Information........................................................................... 1 Experience..................................................................................................... 4 SpecificAudit Approach................................................................................... 5 OtherInformation........................................................................................... 8 DollarCost Bid.............................................................................................. 10 Attachments: A. List of recent audits B. Resumes of key personnel C. List of references D. Letters of recommendation E. Estimated audit fieldwork schedule F. Peer Review Report G. Historically Underutilized Business Certification DETAILED PROPOSAL FOR THE CITY This proposal has been written to respond to the "Request for Proposal"(RFP) for audit services of the City of Anna, Texas. It has been written specifically for the City. Proposer and Staff Information Firm Qualifications and Experience LaFollett & Abbott PLLC is a local CPA firm near Sherman, Texas that specializes in performing audits of governmental and nonprofit organizations. The firm's governmental audit staff consists of two full-time CPAs, three additional full-time professional staff, and one associate CPA that is a certified government finance officer. We also have long standing relationships with other associate CPA's and utilize them as needed on larger engagements. Managing Partner Susan LaFollett, CPA, and Audit Partner Rod Abbott, CPA have performed numerous governmental audits. Governmental and not for profit audits are not just sideline or `fill-in" engagements, they are the Firm's specialty and comprise the majority of the Firm's audit engagements. It should also be noted that the Audit Partner is not involved in the Firm's tax practice. We have found that this allows him to focus only on completing all Firm audits in a timely and efficient manner and avoids the distractions of tax practice deadlines. LaFollett & Abbott PLLC has extensive experience performing audits in accordance with Single Audit Act of 1984 and standards issued by the General Accounting Office (GAO). Licenses to Practice We affirm that the firm and all assigned key professional staff are properly licensed to practice in Texas and in good standing with the State Board of Public Accountancy. Partner and Staff Information The Proposed Audit Team The audit team proposed for auditing the City of Anna is Susan K. LaFollett CPA — Managing Partner, Rod Abbott CPA — Audit Partner, Keri Goodwin - Staff II, Cody Helm — Staff I, and to review the CAFR to ensure GFOA certification, Eddie Peacock, CPA, CGFO. I M Susan LaFollett CPA, Managing Partner Ms. LaFollett, Managing Partner of LaFollett & Abbott PLLC, will assume the overall responsibility for the conduct of the engagement. She will coordinate the activities of the project, allocate administrative support where required, and direct any supplemental activities, as needed, for ensuring the completion of the audit within the time and cost restraints. Ms. LaFollett has over 19 years of experience, professional training, and audit experience. She has directed audits of not -for- profit organizations and governmental entities, including the Single Audit Act under the Uniform Guidance. She represents a commitment of the highest level of the firm's management. Susan has worked for several other firms as well as a "big four" public accounting firm. See the Partner's resume at Attachment B. Rod Abbott CPA, Audit Partner Mr. Abbott, Audit Partner for LaFollett & Abbott PLLC, will assume responsibility for supervising the audit engagement and on -site fieldwork. He will be responsible for supervising the implementation of the audit strategy and concluding on the proper GAAP and GASB treatment of complex transactions and disclosures. N Mr. Abbott has over 17 years of professional training and significant experience conducting governmental and non-profit audit engagements in a timely, effective, and professional manner. He has extensive experience auditing not -for -profit organizations and governmental entities including the Single Audit Act under the Uniform Guidance. Rod has worked for two other CPA firms including a "top 10" national public accounting firm before joining LaFollett & Abbott PLLC. See the Audit Partner's resume at Attachment B. Eddie Peacock, Associate CPA and CGFO To provide the highest quality governmental audit, the Firm's associate CPA, Eddie Peacock, CGFO, will provide a secondary review of the draft financial statements and to complete procedures that ensure the City's CAFR includes all necessary information to receive GFOA's Certificate of Achievement for Excellence in Financial Reporting. Eddie has provided multiple local municipalities with consulting services. He is also a member of GFOA's Special Review Committee. See his resume at Attachment B for more information. Audit Staff — Chance Miller & Keri Goodwin Tax & Audit Staff II Keri Goodwin graduated from Texas A&M University at Commerce in August 2015, with a Bachelor of Business Administration. Ms. Goodwin has been with LaFollett & Abbott since September of 2013 and she has already gained considerable audit and tax experience. Her resume is also at Attachment B. Audit Staff I Cody Helm graduated from Texas A&M at Commerce in August 2016, with a Bachelor of Business Administration in Accounting. Mr. Helm has been with LaFollett & Abbott since February of 2017. Cody has already performed audit fieldwork for the majority of our municipal audit clients. His experience is detailed at Attachment B. 3 Continuing Professional Education All members of the audit team receive continuing professional education (CPE) including Governmental Auditing Standards (GAS) CPE's. All members currently meet the GAS CPE requirements for performing governmental audits. Additional Information Peer Review LaFollett & Abbott PLLC has received the highest rating of "pass" on its peer review dated September 9, 2014 under the AICPA Peer Review Program. A copy of the report is at Attachment F. Disciplinary Action No accountants employed by the Firm nor the Firm itself have ever been reprimanded or received other disciplinary action by the Texas State Board of Public Accountancy, the AICPA, the SEC, or the TSCPA and no disciplinary actions are pending with the State Board, regulatory bodies, or professional organizations. Experience The following are governmental audits performed by the Firm with Susan LaFollett and Rod Abbott as part of the audit team within the last five years: Ci Client City of Princeton (GFOA certified Governmental CAFR) Eagle Advantage Schools, Inc. (G.A.S. and Single Audits) Trophy Club Municipal Utility District No. 1 (G.A.S.) Texoma Council of Governments (G.A.S. and Single Audit) Contact: Contact Derek Borg, City Manager 972-736-2416 dborg@princetontx.us Angie McDonald Superintendent 214-276-5800 amcdonald@advantageisd.org Renae Gonzales, Finance Director 682-831-4611 ronzales@tcmud.org Dr. Susan Thomas — Executive Director 903-813-3514 sthomas@texoma.cog.tx.us Our CPAs have experience in working with governments that use Asyst software and preparing comprehensive annual financial reports (CAFR's) that have received the GFOA certification for excellence in financial reporting. Although only one audit listed above is a CAFR audit, our partners have significant experience with the CAFR review and GFOA submission process with cities as large as Shreveport, Louisiana. Our associate CPA Eddie Peacock will provide additional GFOA submission expertise to give your City an additional level of comfort related to the CAFR's GFOA certification. Our Firm receives on -going professional education related to new GASB standards. We will ensure the City that any new GASB pronouncements that affect the City will be discussed and any assistance needed to implement such standards will be provided. Scope and Audit Approach The audit will be performed in accordance with standards issued by Government Auditing Standards and the American Institute of Certified Public Accountants. The Firm's audit philosophy is to provide the highest quality audit possible in the most efficient manner with minimal interference in the day-to-day operations of the client's administrative staff. Past experience has shown that frequent and open conversation between our Firm's management and the client's staff is the best way to accomplish this objective. PHASES OF AUDIT WORK: Phase I -All Audit Team Members (16 hours) After a briefing with management, LaFollett & Abbott PLLC will: a. Obtain and review necessary background information relative to the audit and send a comprehensive pre -audit checklist to management. Visit with the previous auditor and request working papers as needed. b. Have all members of the audit team review the Generally Accepted Auditing Standards. C. Make arrangements for the entrance conference. d. Arrange to have all books and records available for review upon arrival at the City. e. Review internal policies and procedures for data entry and reporting in the accounting software. We will require the assistance of the City staff for compiling our audit requests, but most requests should be similar to requests made by your prior auditor. Additionally, all first year audits require that we obtain copies of legal documents for our permanent files such as: leases, debt agreements, financial policies, and certain other documents. 5 Phase II All - Audit Team Members (20 hours) We will begin the preliminary on -site work and conduct the entrance conference. We will observe the City's operations to become familiar with its specific procedures. We will establish procedures for discussing any material audit exceptions or noncompliance with state or federal laws and regulations. Phase III - All Audit Team Members (31 hours) We will review the internal control structure of the City. The amount of audit testing that our auditors need to perform is directly affected by their assessment of control risk. Our purpose of assessing the control risk is not designed to detect errors, irregularities, fraud or abuse. However, we use a system for assessing the control risk that is a significant advance over traditional prevention and detection of material errors and irregularities. It is applied in considering each significant class of transactions and related assets involved in the audit. Our approach consists of the following steps: Considering the types of errors and irregularities that could occur. Determining the accounting control procedures that should prevent or detect such errors and irregularities. Determining whether the necessary control procedures are being followed satisfactorily. Evaluating any weaknesses and determining the nature, timing, and extent of our audit procedures. This approach allows our auditors to pinpoint areas having weak controls and to extend testing only to those areas. In this way, the evaluation of weaknesses in internal control is more exact and the testing of the accounting records becomes more effective and efficient. Audit Sampling Plan - Our audit sampling plan is a method of obtaining efficient, mathematically valid samples from accounting records. The objectives are to obtain statistically reliable tests of accounting records and to reduce the amount of time required for detail testing. We have used the plan extensively and successfully in non-profit and governmental audits. We believe that it is the most valid method available for sampling accounting records as well as the easiest and most practical to apply. In applying the audit -sampling plan to accounting records, the auditor considers the detailed evaluations of internal controls to determine the extent of tests. Documents and related records supporting the individual items selected by the sampling plan are examined using traditional auditing methods. Deficiencies of both monetary and procedural importance are then statistically computed and evaluated. This approach allows the auditor to determine the appropriate testing required for each area and to select a small statistically valid sample from the accounting records to evaluate quantitatively the results. 0 Information Technology We have the capability to audit computerized systems and utilize various testing techniques. One such example is to export certain transactions into Excel and using mathematical models such as Benford's Law in identifying unusual transactions. Phase IV - All Audit Team Members (118 hours) In this phase we will review and test selected asset, liability, fund balances, revenue, and expense accounts. We will determine if the City can provide reasonable assurance that revenues received and matching expenditures are in compliance with applicable state/federal grant guidelines. We will examine accounting records and other documents to determine if year-end financial balances are materially correct. Cash and debt balances will be confirmed with third parties. Audit differences will be evaluated by the Firm and discussed with the City as they arise. Identification of Anticipated Potential Audit Problems During the course of the audit, we will discuss any audit findings and instances of noncompliance where appropriate with the City to avoid any surprises at the exit conference or in the draft audit report. Phase V -All Audit Team Members (23 hours) At the completion of the engagement, a final review of all working papers will be performed in our office. This overriding review is performed to ensure that the final product of our engagement adheres to the highest quality technical standards that can be obtained from any public accounting firm. An exit conference will be scheduled with the City. Phase VI -All Audit Team Members (109 hours) In this phase we ask the City to consider posting the proposed audit adjusting journal entries. After both parties agree on the posted journal entries, the City will prepare selected portions of the draft of the comprehensive annual financial report. Our firm will begin preparing auditor reports, financial statements, and remaining portions of the CAFR. After receiving the City CAFR information, we will review the CAFR for GAAP compliance, completeness, and accuracy. We will address any concerns raised and perform any needed revisions. GFOA certification review of the CAFR is performed. An audit opinion and related reports will be provided to management and bound copies of the CAFR will be created. 7 Phase VII — Both Firm Partners (7 hours) We will discuss audit results and recommendations with the Audit Committee or governance designees and present all required communications, such as: 1. Auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other information in documents containing audited financial statements 6. Disagreements with management or difficulties encountered in performing the audit 7. Management consultation with other accountants We will subsequently present audit results and recommendations with the full City Council. CAFR Detailed Review to Receive GFOA's Certificate of Achievement for Excellence in Financial Reporting The Firm's associate CPA, Eddie Peacock, CGFO, will use a GFOA certification checklist to provide a secondary review of the draft financial statements and to complete other procedures that ensure the City's CAFR includes all necessary information to receive GFOA's Certificate of Achievement for Excellence in Financial Reporting. Since 2005 Mr. Peacock has been an evaluator for GFOA for the GFOA certificate of achievement. Because of this fact, we have the utmost confidence that the City's CAFR will be completed so that you may receive the GFOA's Certificate of Achievement for Excellence in Financial Reporting. Other Information Please see Attachment E for our tentative audit planning schedule. We will be flexible with the City as we finalize dates where both parties are available during the process. We are confident that our references at Attachment C can attest that we work hard to meet all audit deadlines and strive to make the audit process as painless as possible for all involved. Note that Attachment G is the HUB, or Historically Underutilized Business Certification that the Firm has obtained. This is awarded to minority owned businesses. There are times when applying for certain grants that extra points are awarded if the City can demonstrate that it does business with a HUB. Additional Data Independence The second general standard for governmental auditing states that the auditor should maintain an attitude of independence in both fact and appearance. The firm of LaFollett & Abbott PLLC has no direct or indirect financial interest in the City and its component units or other interest that could affect the independence of the firm as defined by the U.S. General Accounting Office's Government Auditing Standards. Concludinz Remarks The City of Anna would be VERY Important to Our Firm! Since we are a smaller CPA firm, the City of Anna would not just be another city on a long list of municipalities to audit during busy season. You would in fact be a top priority client. Providing quality audit service to a City such as Anna is vital to the growth of LaFollett & Abbott, PLLC and given the opportunity, our service to you would reflect that fact. X LAFOLLETT AND ABBOTT, PLLC DOLLAR COST BID FOR AUDIT SERVICES CITY OF ANNA, TEXAS Standard City Audit Team Member Rate Rate Hours Fee Susan LaFollett, CPA - Partner $ 195 $ 115 26 $ 2,990 Rod Abbott, CPA - Partner $ 195 $ 115 72 $ 8,280 Eddie Peacock, CPA (GFOA reviewer) $ 195 $ 115 6 $ 690 Keri Goodwin - Staff II $ 85 $ 50 110 $ 5,500 Cody Helm - Staff I $ 85 $ 44 110 $ 4,840 Transportation $ - All-inclusive maximum 2017 fee estimate: 324 $ 22,300 The following is the maximum price for the audit at September 30: Totals 2017 $ 22,300 2018 $ 22,850 2019 $ 23,500 2020 $ 24,250 2021 $ 24,950 Note 1: Pricing for other services outside the annual audit services will be at the "City" rates noted above. For any year in which a Single Audit under Uniform Guidance is needed, an additional fee in the range of $4,500 to $6,500 will apply. 10 ATTACHMENT A PARTIAL LIST OF RECENT AUDITS PERFORMED BY LAFOLLETT & ABBOTT Governmental Audits City of Anna, Texas City of Princeton, Texas City of Pottsboro, Texas Trophy Club Municipal Utility District Texoma Council of Governments Texoma Workforce Development Board City of Gunter, Texas City of Van Alstyne, Texas City of Oak Point, Texas City of Tom Bean, Texas City of Howe, Texas City of Bells, Texas Not For Profit Audits Performed Goodwill Industries of Northeast Texas, Inc. Meals on Wheels of Texoma, Inc. Texoma Christian School, Inc. Grayson County Shelter, Inc. Grayson County Health Clinic, Inc. ABC Behavioral Health, Inc. Right From the Start Nutrition, Inc. (OMB-A133) House of Hope, Inc. Eagle Advantage Schools, Inc. (OMB-A133) Greater Texoma Health Clinic, Inc. Northwest I.S.D. Education Foundation, Inc. Homeowners Association Audits Villas of Westridge Condominium Association of McKinney, Inc. Caruth Ridge Estates Homeowners Association, Inc. (Rockwall, TX.) ATTACHMENT B SUSAN K. LAFOLLETT CPA, MANAGING PARTNER CERTIFIED PUBLIC ACCOUNTANT CPA Certificate number 057088 from the Texas State Board of Accountancy - September 1991 EDUCATION/HONORS Graduated from University of Texas at Dallas (UTD) in August 1988, Bachelor of Science in Business Administration with a concentration in accounting Accounting Excellence Award from the Educational Foundation of Texas Societies of Certified Public Accountants -May 1988 Treasurer and Member, National Accounting Honor Society of UTD - 1987 to 1988 POSITION IN FIRM: Managing Partner YEARS IN PUBLIC ACCOUNTING: (18) plus years WORK HISTORY Ms. LaFollett spent the first four (4) years of her career at the big four firm of Coopers & Lybrand in Dallas, Texas. She was employed from September 1988 to September 1992 and advanced to the title of Audit Supervisor. During this experience, she worked as a member on the audit staff in the Emerging Business Services group, which primarily served fast growing entrepreneurial type entities. She was responsible for all phases of the audit engagement including planning, risk assessment, evaluation of internal controls, and financial statement preparation. Ms. LaFollett's duties also included training and supervising members of the audit team. Ms. LaFollett was employed as an Audit Senior by Adami, Lindsey, Keller & Associates in Sherman, Texas from September 1992 to October 1993. She was responsible for all phases of the audit engagement. The majority of the audit engagements were municipalities and not for profit entities. Ms. LaFollett was employed by Gregg and Company CPA's in Tom Bean, Texas from January 2004 to September 2009, as an audit supervisor. She was responsible for all phases of the audit engagement. The majority of the audit engagements were municipalities and not for profit entities. ATTACHMENT 8 SUSAN K. LAFOLLETT CPA, MANAGING PARTNER WORK HISTORY (continued) In 2009, Ms. LaFollett established LaFollett & Company PLLC, Certified Public Accountants, in Tom Bean, Texas. The firm name later changed to LaFollett & Abbott PLLC to better reflect the firm's current leadership and expanding capabilities. As Managing Partner, Ms. LaFollett oversees the firm's audit practice, which specializes in the audits of municipal governments and not -for -profit organizations. She has extensive knowledge of Generally Accepted Accounting Principles, Governmental Auditing Standards, the Yellow Book, the Single Audit Act, and the Uniform Guidance. Ms. LaFollett has over 18 years of auditing experience in public accounting. She has overseen independent financial audits for municipalities, charter and private schools, not for profit entities, corporations and partnerships. The majority of these recent audits were performed under Governmental Auditing Standards, the Yellow Book, and Uniform Guidance. PROFESSIONAL ORGANIZATIONS Member of American Institute of Certified Public Accountants Member of Texas Society of Certified Public Accountants Member of Government Finance Officers Association Member & Past President of Sherman Rotary Club Treasurer of Texoma Practice Management Group Past Treasurer of Achievers Practice Management Group of Dallas, Texas AUDITS PEFORMED WITH THE FIRM Governmental Audits: City of Anna, Texas (Yellow Book) City of Bells, Texas City of Gunter, Texas (Yellow Book) City of Howe, Texas (Yellow Book) City of Oak Point, Texas (Yellow Book) City of Pottsboro, Texas (Yellow Book) City of Princeton, Texas (Yellow Book) City of Tom Bean, Texas City of Van Alstyne, Texas (Yellow Book) Texoma Council of Governments (Single Audit) Trophy Club Municipal Utility District (Yellow Book) Texoma Workforce Solutions (Single Audit) ATTACHMENT B SUSAN K. LAFOLLETT CPA, MANAGING PARTNER AUDITS PEFORMED WITH THE FIRM (continued) Non -Pro it Organizational Audits: ABC Behavioral Health, LLC (Single Audit) A W Brown Fellowship Leadership Academy (Single Audit) Caruth Ridge Estates Home Owners Association, Inc. Eagle Advantage Schools, Inc. (Single Audit) Four Rivers Outreach, Inc. Grayson County Shelter, Inc. Gateway Charter Academy, Inc. (Single Audit) Grayson County Health Clinic, Inc. Greater Texoma Health Clinic, Inc. Goodwill Industries of Northeast Texas, Inc. Heroes on the Water, Inc. House of Hope (Yellow Book) Korean War Veterans Association, Inc. National Relief Charities, Inc. Right From The Start Nutrition, Inc. (Single Audit) Texoma Christian School Meals on Wheels of Texoma (Single Audit) Villas of Westridge Home Owners Association, Inc. Your Health Clinic, Inc. dba Callie Clinic (Yellow Book) PERSONAL REFERENCES Sherry E. Howard Mayor of Tom Bean Texas 903-815-81 b2 Deborah Boring Past President of Sherman Rotary 903-546-5248 Tom Gregg CPA President Elect of Sherman Rotary 903-546-6510 ATTACHMENT B ROD ABBOTT CPA, AUDIT PARTNER CERTIFIED PUBLIC ACCOUNTANT CPA Certificate number 081707 from the Texas State Board of Accountancy — 2002 EDUCATION Graduated from Texas A & M University at Commerce in December 1998, Bachelor of Professional Accountancy Vice -President of Local Chapter — Beta Alpha Psi accounting fraternity POSITION IN FIRM Audit Partner YEARS IN PUBLIC ACCOUNTING Seventeen (17) plus years WORK HISTORY Mr. Abbott began his career in public accounting with Gregg and Company CPA's in Tom Bean, Texas from February 1999 to September 2007. He was promoted to the title of Supervisor. His responsibilities included all phases of the audit engagement including planning, risk assessment, evaluation of internal controls, and financial statement preparation. Mr. Abbott also trained, supervised, and reviewed the work of the audit staff. In addition, he performed the Firm's annual internal quality control inspection. During this experience, the majority of the clients were municipalities and not for profit organizations audited under Governmental Auditing Standards, and also in many instances, the Single Audit Act. Mr. Abbott was employed as a Senior Auditor at BKD, LLP in Dallas, Texas from 2007 to 2010. Responsibilities included all phases of the audit engagement including planning, risk assessment, evaluation of internal controls, and financial statement preparation. During this experience, Mr. Abbott worked on numerous audits in commercial, municipalities, not for profits, and employee benefit plans. Currently, Mr. Abbott is an audit partner for LaFollett & Abbott PLLC. Mr. Abbott has extensive knowledge of Generally Accepted Accounting Principles, Governmental Auditing Standards, and the Single Audit Act under OMB Circular A-133. Current responsibilities include all phases of the audit engagement including planning, risk assessment, evaluation of internal controls, financial statement preparation, as well as, supervision of audit staff, and detailed reviews of audit work. ATTACHMENT B PROFESSIONAL ORGANIZATIONS American Institute of Certified Public Accountants Texas Society of Certified Public Accountants Government Finance Officers Association Treasurer of the Board — Trailridge Estates Home Owners Association AUDITS PERFORMED WITH THE FIRM Governmental Audits City of Princeton, Texas (Comprehensive Annual Financial Report w/ GFOA Certification) Texoma Council of Governments (Single Audit) Texoma Workforce Development Board (Single Audit) City of Anna, Texas (Yellow Book) City of Gunter, Texas (Yellow Book) City of Howe, Texas (Yellow Book) City of Tom Bean, Texas City of Oak Point, Texas (Yellow Book) City of Bells, Texas City of Muenster, Texas City of Pottsboro, Texas (Single Audit) City of Van Alstyne, Texas (Yellow Book) Non -Profit Organization Audits Goodwill Industries of Northeast Texas, Inc. ABC Behavioral Health, LLC (HUD Single Audit) Right From The Start Nutrition, Inc. (Single Audit) Texoma Community Center (Single Audit) Eagle Advantage Schools, Inc. (Charter School Single Audit) Gateway Charter Academy, Inc. (Charter School Single Audit) A.W. Brown Fellowship -Leadership Academy (Charter School Single Audit) Four Rivers Outreach, Inc. House of Hope (Yellow Book) Trophy Club Municipal Utility District (Yellow Book) Northwest ISD Education Foundation, Inc. Korean War Veteran's Association, Inc. Greater Texoma Health Clinic, Inc. Grayson County Shelter, Inc. Heroes on the Water, Inc. Caruth Ridge Estates H.O.A. Villas of Westridge of McKinney Condominium H.O.A. ATTACHMENT B Eddie Peacock, CPA, CGFO, Associate Auditor Credentials/ Awards: - BBA Accounting, University of Texas at Arlington - Certified Governmental Finance Officer, Government Finance Officers Association of Texas - CPA, Texas Summary of Experience: Eddie's public sector experience began with an administrative financial internship for the City of Grand Prairie in 1986. After graduation from UT Arlington, Eddie progressed in responsibility with the City of Grand Prairie as an Accountant. Adding further career progression in the public sector, Eddie served with several cities in accounting management and supervisory roles, fulfilling the fiscal responsibilities of financial reporting, purchasing, budget preparation and fiscal planning. As the Accounting and Purchasing Manager for the City of Keller, Texas, Eddie's completed projects included set up of the Pooled Cash and Investments Fund and implementation of fixed assets software. Eddie also served on the Investment Committee for the City of Keller. Eddie served as the Chief Accountant for the City of Desoto, Texas. His responsibilities there included coordination of the annual external audit engagement and publication of the Comprehensive Annual Financial Report. Eddie also assisted in budget preparation and training, and was responsible for publication of the Annual Budget Document to receive the GFOA Distinguished Budget Award. Eddie served as the Accounting Manager for the Town of Flower Mound. At Flower Mound, he coordinated the annual external audit and purchase of a Y2K compliant server for the financial system. Entering a consulting role in the private sector, Eddie worked as an independent consultant for Reef Management Company, a real estate management company. His work there included analysis of retail tenant lease agreements and account histories in the recent acquisition of three major shopping malls. Continuing in the private sector, Eddie served as the Accounting Manager for Pinnacle Consultants, LP, a large medical practice in the Dallas -Fort Worth area. While gaining experience in the health care industry, Eddie set up new ZBA bank accounts with positive pay to improve cash management, coordinated the implementation of fixed asset software, implemented State Unclaimed Property reporting, and wrote approved Accounting Policies and Procedures. Eddie returned to the public sector as a Senior Consultant for Government Resource Associates. Eddie assisted in completing local government long-range financial plans and roadway and water and wastewater impact fee credit calculations and reports. Eddie also provided client interim staff support and assisted in preparing annual financial statements, as well as GASB 34 implementation projects. ATTACHMENT B Eddie started his own CPA practice in 2003, specializing in fiscal consulting and interim support for local governments. Eddie continues to associate with Government Resource Associates on fiscal and interim support projects with a number of cities. In 2005, he became an evaluator for GFOA for the GFOA certificate of achievement. Eddie is a member of the Advisory Board for the Texas TERM Local Government Investment Pool. Consultant to Cities: Eddie has independently completed or assisted on projects in association with Government Resource Associates for the following cities: City of Bridgeport City of Cedar Hill City of Colleyville City of Corinth City of Grand Prairie City of McGregor City of Greenville Benbrook Water Authority City of Hurst City of Keller City of Lake Worth City of Mesquite City of Plano City of Howe City of Farmersville City of Rowlett Town of Sunnyvale City of Azle Town of Argyle City of Sansom Park Town of Northlake City of Cleburne ATTACHMENT B KERI GOODWIN , STAFF ACCOUNTANT II EDUCATION Graduated from Texas A&M University Commerce in August of 2015, Bachelors of Business Administration in Accounting POSITION IN FIRM: Tax and Audit Staff Accountant II YEARS IN PUBLIC ACCOUNTING: Three WORK HISTORY LaFollett & Abbott, PLLC Tax and Audit Staff • Performed local government audits • Performed non-profit audits • Perfomed single audits • Completed individual tax returns • Completed compilations • Completed cost reports NON-PROFIT AUDITS PERFORMED WITH THE FIRM Eagle Advanatge Schools, Inc. Gateway Charter Academy, Inc. Goodwill Industries of Northeast Texas Inc. Right from the Start Nutrition, Inc. Trophy Club Municipal Utility District Four Rivers Outreach Grayson County Health Clinic Meals on Wheels Greater Texoma Health Clinic September 2013 - Present ATTACHMENT B MUNICIPAL AND OTHER GOVERNMENTAL AUDITS PERFORMED WITH THE FIRM City of Gunter, Texas (Yellow Book) City of Pottsboro, Texas (Yellow Book) City of Bells, Texas City of Tom Bean, Texas City of Van Alstyne, Texas City of Oak Point, Texas Texoma Council of Governments Texoma Workforce Development Board Trophy Club Municipal Utility Disctrict #1 ATTACHMENT B CODY CHASE HELM, STAFF ACCOUNTANT I EDUCATION Graduated from Texas A&M of Commerce, Texas in August 2016, Bachelors in Accounting POSITION IN FIRM: Staff I YEARS IN PUBLIC ACCOUNTING: < 1 year WORK HISTORY LaFollett & Abbott, PLLC February 2016 —Present Tax and Audit Staff • Performed local government audits • Performed non-profit audits NON-PROFIT AUDITS PERFORMED WITH THE FIRM Goodwill Industries of Northeast Texas Inc. Heroes on the Water Right from the Start Nutrition, Inc. Villas of Westridge HOA Four Rivers Outreach Grayson County Health Clinic Your Health Clinic MUNICIPAL AUDITS PERFORMED WITH THE FIRM City of Gunter, Texas (Yellow Book) City of Howe, Texas (Yellow Book) City of Bells, Texas City of Oak Point, Texas (Yellow Book) City of Tom Bean, Texas City of Whitewright, Texas City of Van Alstyne Texas ATTACHMENT C AUDIT REFERENCES Derek Borg (972) 736-2416 City Manager City of Princeton 123 W. Princeton Dr. Princeton, Texas 75407 Sherry Howard (903) 546-6321 Mayor City of Tom Bean P O Box 312 Tom Bean, Texas 75489 Frank Baker, (903) 482-5426 City Manager City of Van Alstyne 242 E. Jefferson Van Alstyne, TX. 75495 Philip Sanders (972) 924-3325 City Manager City of Anna P 0 Box 776 Anna, Texas 75409 Kurt Wendorf, (903) 893-3145 CFO Goodwill Industries of Northeast Texas, Inc. 2206 E. Lamar Sherman, TX 75090 Lacey Lucas (903) 957-7408 Finance Director Texoma Workforce Development Board 5904 Texoma Parkway Sherman, TX 75090 ATTACHMENT D Meals on Wheels!' Serving Cooke, Fannin & Grayson Counties of Texoma March 31, 2015 Dear Susan K- LaFollet CPA: I am happy to provide a letter of recommendation for LaFollett & Abbott, PLLC, Certified Public Accountants, regarding the single audits performed on our 2013 and 2014 financial statements in accordance with the requirements of Office and Management and Budget (OMB) Circular A- 133. Partner Susan LaFollett and her staff have demonstrated an exhaustive knowledge of governmental -type audits. Their staff completed their on -site work with minimal interruption to our staff and in a manner that was very considerate and respectful of our time. Meals on Wheels of Texoma's management were kept up-to-date and well aware of any issues or questions that arose, and MOWOT's management was given ample opportunity to respond to the questions and to resolve any issues. The fees assessed were well within the estimate provided to us. We would also like to add that we found the estimated fees to be very competitive among the firms who had responded to our request for proposal. I have no reservation in offering a recommendation for the audit firm of LaFollett and Abbott PLLC to perform a single audit of non-profit organizations under the requirements of OMB Circular A-133. Sincerely, J. Gr P' tman Executive Director 41 14Airport Otive • Denlson,Tcxas 79020 • Phone- 903-786.3351 * TolI Free. 877-900-3351 - Fax- 903-786 8893 • %wimmowot.org ATTACHMENT D PlU NCETON 4'NSi�-.,f4 fr...- March 26, 2015 To Whom It May Concern The City of Princeton sent out an RFP for Auditing Services after a five year contract with our previous Auditing Firm. The firm of LaFollet and Abbott PLLC, were selected and the City has completed the first year with the firm and we were very pleased with their services. We are writing this letter of recommendation as our first year audit process is -completed and went very smoothly. Rod Abbott and staff were very helpful and knowledgeable regarding all GASB requirement's and the GFOA Certificate of Achievement for Excellence in financial Reporting requirements. The City received the GFOA award in FY 13 and look forward to again receiving the award for FY 14. Rod, gave an excellent & understandable power point presentation to the Governing Body and Citizens during our City Council Meeting. We highly recommend LaFollett and Company, PLLC for any accounting and auditing needs Si rely, Derek Borg City Manager City of Princeton Email: dborg@princetontx.us ATTACHMNT E CITY OF ANNA ESTIMATED AUDIT SCHEDULE September 2017 Engagement letter received and an entrance conference is scheduled. September 2017 Firm meets with the City's former auditor to review the 2016 CAFR and request certain workpapers. October 2017 Audit request list is provided to the City. December 2017 Firm starts to obtain an understanding of City operations, processes, and controls. Regular audit fieldwork conference commences as City financial balances are examined and compliance requirements under Government Auditing Standards are assessed. December 2017 Exit conference with City management is held to review preliminary findings and adjustments. Adjustments are posted to the trial balance as agreed to by the Firm and City. December 2017 Creation of a draft version of the comprehensive annual financial report begins for the Firm based on the areas assigned for completion. January 2018 Audit Partner begins review of CAFR information. Early February 2018 City provides Firm with their section of the CAFR. Complete draft of the CAFR and any management letter is given to City for review. Auditors will meet with management to discuss these drafts. Our associate CPA begins reviewing for GFOA certification. February 2018 Auditor provides the City with final copies of the audit for distribution. Feb/March 2018 Presentation of the audited financial statements to the City Council. ATTACHMENT F BECKY ROBERTS, TS, CPA 104 PINE STREET, SUITE 610 ABTLENE, TEXAS 79601 (325) 665-5239 becky.roberts@nn-cpa.net nn-cpa.net System Review Report September 9, 2014 To the Partners of LaFollett and Abbott, PLLC and the Peer Review Committee of the TSCPA I have reviewed the system of quality control for the accounting and auditing practice of LaFollett and Abbott, PLLC (the firm) in effect for the year ended March 31, 2014. My peer review was conducted in accordance with Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of my peer review, I considered reviews by regulatory entities, if applicable, in determining the nature and extent of my procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. My responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on my review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans. In my opinion, the system of quality control for the accounting and auditing practice of LaFollett and Abbott, PLLC in effect for the year ended March 31, 2014 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiencies, or fail. LaFollett and Abbott, PLLC has received a peer review rating of pass. Becky Roberts, CPA ATTACHMENT G GLENN REGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority and woman -owned businesses as HUBs and is designed to facilitate the participation of minority and woman -owned businesses in state agency procurement opportunities_ We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at http://www.window.state.bc_us/procurement/Icmbl/hubonly.html. Provided that your company continues to meet HUB eligibility requirements, the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. !Vote: Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Programl If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll -free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate GrHUB soli �rNdrr��w� CertificeteMD Number: File/Vendor Number: Approval Date: Scheduled Expiration Date: The Texas Comptroller of Public Accounts (CPA), hereby certifies that LAFOLLLETT AND ABBOTT PLLC 1300529107800 476807 16-MAR-2016 16-MAR-2020 has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB, This certificate printed 18-MAR-2018, supersedes any registration and certificate previously issued by the HUB Program, If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Paul Gibson, Statewide HU13 Program Manager Texas Procurement and Support Services Note: in order for State agencies and Institutions of higher education (universities) to be credited for utlllzing this business as a HUB, they must award payment under the CertificateMl7 Number Identified above, Agencies and universiles are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http:/A ww.window.stato.tu.usrprocuremenlrcmbecmblhub.htmn or by contacting the HUB Program at 1-888-663-5881 or 512483-5872 nsv. oihs I Item No. 9. City Council Agenda Staff Report Meeting Date: 8/22/2017 YOUR) HOMETOWN AGENDA ITEM: Consider/Discuss/Action regarding an ordinance amending the Anna City Code of Ordinances regulating management of public rights -of -way and fees associated with same; also consider/discuss/action regarding related design manual. (City Attorney) SUMMARY: I n the last few years, a growing number of wireless service providers have been attempting to gain access to public rights -of -way (road easements) in Texas cities to collocate telecommunications equipment on both privately owned utility poles and on existing municipal infrastructure (such as streetlights and traffic signals). There have also been efforts to install free-standing towers (some 90 feet or taller) deep in residential areas, with bases between the street and a sidewalk. Many Texas cities were understandably reluctant to allow access to their public rights -of -way, and were either denying access entirely or imposing stringent terms and high fees. The industry sought relief from the Texas Legislature and secured enactment of new Chapter 284 to the Texas Local Government Code. Among other effects, the new law eliminates municipal discretion over whether to allow certain facilities on municipal property, but does allow enforcement of a permitting process, some limited design criterion, and imposition of specified fees. Chapter 284 added another layer of regulation on top of the rules already imposed by the Federal Communications Commission, which address overlapping subject matter. The attached ordinance is needed to replace the City's right-of-way management ordinance and conform to state law effective September 1, 2017, and amends the fee schedule to charge only amounts permitted by new law. STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance and Design Manual. ATTACHMENTS: Description Upload Date Type Right -of -Way Management Ordinance 8/17/2017 Ordinance Design Manual 8/17/2017 Exhibit CITY OF ANNA, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS REPEALING ORDINANCE NO. 536-2011 (MANAGEMENT OF PUBLIC RIGHTS-OF- WAY)(Amended July 12, 2016, Ord. 721-2016); ESTABLISHING A REVISED ORDINANCE FOR PUBLIC RIGHT-OF-WAY MANAGEMENT; AMENDING PART IV OF THE CODE OF ORDINANCES (SCHEDULE OF FEES), ARTICLE 5 (GENERAL MISCELLANEOUS FEES), AMENDING AND REVISING SECTION 12, RIGHT-OF- WAY CONSTRUCTION PERMIT FEE TO INCLUDE ADDITIONAL FEES AND RATES, INCLUDING RIGHT-OF-WAY CONSTRUCTION APPLICATION FEE, POLE ATTACHMENT RATE, PUBLIC RIGHT-OF-WAY RATES, AND SERVICE POLE COLLOCATION RATE; AMENDING AND REVISING SECTION 13, PERMIT FOR DRIVEWAYS AND OTHER PRIVATE IMPROVEMENTS PUBLIC RIGHTS -OF -WAY; ADOPTING A DESIGN MANUAL FOR NETWORK NODES AND NODE SUPPORT POLES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") is charged with maintaining control of and access to the right-of-way in order to protect the health, safety, and welfare of its citizens; and WHEREAS, in accordance with applicable federal laws, including, but not limited to, 47 U.S.C., Section 253(c) and state laws, including, but not limited to, Texas Utility Code, Section 14.008 and Section 54.205, Texas Civil Statutes, Article 1175, Texas Local Government Code, Chapter 284, and Section 283.056, the City seeks to exercise its historical rights to control and manage its public rights -of -way in a competitively neutral and nondiscriminatory basis; and implement certain police power regulations in the use of those public rights -of -way; and WHEREAS, establishing a permitting process to improve coordination of work in public rights -of -way under City jurisdiction will ease traffic congestion and limit inconvenience to citizens of the general public; and WHEREAS, the permitting process is necessary to enhance the public's access to information about construction in City public rights -of -way, and to protect and preserve the valuable public investment in the construction and maintenance of the public rights - of -way; and WHEREAS, the permitting process is necessary to minimize the impact of construction on neighborhood residents and businesses by enforcing cleanliness and safety standards for construction sites, imposing strict timelines for construction, and requiring owners to comply with standards and requirements for compaction, backfill and CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 38 pavement restoration, and resurfacing that ensure the best possible restoration of the paved surface over and adjacent to the trench or other work area; and WHEREAS, the permitting process is necessary to allow the City to properly enforce violations of this ordinance by the imposition of civil, criminal or administrative penalties; and WHEREAS, the permitting process is necessary to conserve the limited physical capacity of the public rights -of -way held in public trust by the City; and WHEREAS, regulation of excavations in City streets helps reduce disruption of and interference with public use of the streets, helps prevent pavement damage, helps maintain the safe condition of the streets, protects the public health, safety, and welfare, is a valid and appropriate exercise of the City's police power, and is a municipal responsibility; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds there is increasing demand for use of the public rights -of -way; and WHEREAS, the permitting process will protect the safety, security, appearance, and condition of the public rights -of -way; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to adopt a design manual for the installation of network nodes and node support poles; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend The Anna City Code of Ordinances ("Anna Code"), by repealing the existing Article 50 (Management of Public Rights -of -Way) of Part II, as amended, in its entirety (Ord. 536-2011, amended by Ord. 721-2016), adding a revised Article 50 (Public Right -of -Way Management) to Part II, and to amend Part IV (Schedule of Fees), Article 5 (General Miscellaneous Fees), Section 12 (Right -of -Way Construction Permit Fee) of the Anna Code by revising its title and current provisions, including adding a Pole Attachment Rate and a Service Pole Collocation Rate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Repealing Article 50 of Part II of the Anna Code CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 38 Ordinance No. 536-2011 (Management of Public Rights -of -Way) (Amended July 12, 2016, Ord. No. 721-2016) is hereby repealed in its entirety, which shall have the effect of removing Article 50 from Part II of the Anna Code in its entirety, and also remove Article 5, Section 12 and Section 13 from Part IV of the Anna Code in their entirety. Section 3. Adding a Revised Article 50 to Part II of the Anna Code 3.01 This ordinance amends Part II of the Anna Code to add the provisions below, to become and made part of the Anna Code, to be alternately known as the City's "public rights -of -way management ordinance" or "ROW management ordinance" as follows: ARTICLE 50. PUBLIC RIGHT-OF-WAY MANAGEMENT Section 1. Title This article shall be known as the City public rights -of -way management ordinance. Section 2. Adoption of Implementation Guidelines and Design Manual The City adopts by reference "Implementing Local Government Code Chapter 284," as published by the Texas Coalition of Cities for Utility Issues, June 12, 2017 ("implementation guidelines"). The City also adopts by reference the "City of Anna Design Manual for the Installation of Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov. Code, Chapter 284" (as amended)("Design Manual"). References to the implementation guidelines and design manual shall be interpreted to correspond to the version adopted by the City at the time of the relevant event. Copies of these documents shall be maintained on file with the City Secretary. Section 3. Definitions For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: Antenna, Microwave Reflector & Antenna Support Structure. Antenna or Anntennae means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of Wireless Services, including directional antennas (such as panels, wireless cable and dishes) and omnidirectional antennas (such as whips), but not including satellite earth stations, and including without limitation Microwave Reflectors. This term does not include Network Nodes or Micro Network Nodes. Microwave Reflector means an apparatus constructed of solid, open mesh, bar -configured, or perforated materials of any shape or configuration that is used to receive or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave Reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. Antenna Support Structure means any tower, mast, tripod, box frame, pole (other than a CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 38 Pole as defined in this section) or other structure utilized for the purpose of supporting one or more Antennae or Microwave Reflectors, including without limitation structures that have a primary or secondary use in addition to supporting one or more Antennae or Microwave Reflectors. City means the City of Anna, Texas, or its designated agent of the City. Code or City code means The Anna City Code of Ordinances. Collocate and Collocation. The installation, mounting, maintenance, modification, operation, or replacement of Network Nodes or other telecommunications equipment in a Public Right -of -Way on or adjacent to a tower or pole, or the process of adding such equipment to an existing tower or pole. Construction means any work performed above the surface, on the surface or beneath the surface of a Public Right -of -Way, including. but not limited to, installing, servicing, repairing. upgrading, or modifying any Facility(ies) in, above or under the surface of the Public Right -of -Way, and restoring the surface and subsurface of the Public Right -of -Way subject to the provisions of Section 16. The word "Construction" does not include the installation of Facilities necessary to initiate service to a customer's property, or the repair or maintenance of existing Facilities unless such installation, repair or maintenance requires the breaking of pavement, excavation or boring_ Construction Security means any of the following forms of security provided at the Owner's option: (1) Individual project or performance bond; (2) Cash deposit; (3) Security of a form listed or approved under State of Texas Statutes; or (4) Letter of credit, in a form acceptable by the City. Decorative Pole. A streetlight pole specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to this code. Design District. An area that is zoned, or otherwise designated by City code, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Department means the Public Works Department of the Citv. CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 38 Director means the Director of the Public Works Department of the City or his or her designee, or another person authorized by the City Manager to act as the Director. Driveway means a vehicular access way designed and intended to serve as access from a public roadway to a lot or parcel of land adjacent to the public roadway. EmergencV means a condition that: (1) poses a clear and immediate danger to life or health, or an immediate and significant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore service to a customer. Facility or Facilities shall include, but not be limited to, any and all cables, pipelines, poles (other than poles as defined in this section), transmitters, receivers, splice boxes, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an Owner or Owners, that are located or are proposed to be located in a Public Right -of -Way. Historic District. An area that is zoned or otherwise designated as a Historic District under municipal, state, or federal law. Macro Tower. A guyed or self -supported pole or monopole greater than the height parameters prescribed by this code or applicable state or federal law. LGC. The Texas Local Government Code. Major Thoroughfares means United States (US) 75, State Highway (SH) 5, State Highway 121, Farm -to -Market (FM) 455, the Collin County Outer Loop, and any other major highways, major collectors and major thoroughfares designated on the City's comprehensive plan, and all roadways having four or more lanes, including without limitation Throckmorton Blvd. and all of Hackberry Lane. Micro Network Node. A Network Node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal Authorization means the grant issued by the City and accepted by an individual Owner to use the Public Rights -of -Way in accordance with the ordinances of the City, a franchise agreement, a license, or under operation of state law which provides a specific grant of authority to use the Rights -of -Way. Municipally Owned Utility Pole. A Utility Pole owned or operated by a municipally owned utility, as defined by the Texas Utilities Code, Section 11.003, which is located in a Public Right -of -Way. CITY OF ANNA, TEXAS ORDINANCE NO. Page 5 of 38 Municipal Park. An area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. For purposes of this Article 50, all City owned property used for park purposes and any other property labeled, described, dedicated, or designated for park purposes on a plat recorded in the county property records are deemed to be designated as Municipal Parks by this code, so long as such property has been designated by the City as park property for use by the general public. Municipal Parks include, but are not limited to, the following: Slayter Creek Park, Natural Springs Park, Sherley Park, Johnson Park, Bryant Park, Geer Park, Pecan Grove Park, Creekside Park, and Oak Hollow Park and also include any trails and sidewalks connecting any Municipal Parks. Network Node. Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (a) Includes: 1) Equipment associated with wireless communications; 2) A radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and 3) Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular Collocation; (b) Does not include: 1) An electric generator; 2) A Pole; or 3) A Macro Tower. Network Provider. This term means: (a) A Wireless Service Provider; or (b) A person that does not provide Wireless Services and that is not an electric utility but builds or installs on behalf of a Wireless Service Provider: 1) Network Nodes; or 2) Node Support Poles or any other structure that supports or is capable of supporting a Network Node. CITY OF ANNA, TEXAS ORDINANCE NO. Page 6 of 38 Node Support Pole. A pole installed by a Network Provider for the primary purpose of supporting a Network Node. Owner means any person who owns any Facility or Facilities that are installed or are proposed to be installed or maintained in the Public Right -of -Way. Included within this definition are any and all of Owner's contractors, subcontractors, agents or authorized representatives. A Network Provider or a Wireless Service Provider may also be an Owner for purposes of this article. Permit or Construction Permit means a written authorization for the use of the Public Right -of -Way or Collocation on a Service Pole required from the City before a Network Provider or Person may perform an action or initiate, continue, or complete a project over which the City has regulatory authority. Person means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision (excluding the City), a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Pole. A Service Pole, Municipally Owned Utility Pole, Node Support Pole, or Utility Pole. This general term shall be construed to exclude Decorative Poles. Private Easement. An easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Public Right -of -Way rate. An annual rental charge paid by a Network Provider or other person to a municipality related to the construction, maintenance, or operation of Network Nodes or other Facilities within a City Right -of -Way. Right(s)-of-Way or Public Right(s)-of-Way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the City has an interest. It includes but is not necessarily limited to interests in land that is acquired by, dedicated to, or claimed by the City in fee simple, by easement, or by prescriptive right and that is expressly or impliedly available, accepted or used in fact or by operation of law as a public roadway, highway, street, sidewalk, alley, or for drainage or utility purposes. The term applies regardless of whether the Public Right -of -Way is paved or unpaved. The term does not include a Private Easement or airwaves above the Public Right -of -Way with regard to wireless telecommunications. Restore or Restoration means the process by which a Public Right -of -Way is returned to a condition that is equal to or better than the condition that existed before Construction. CITY OF ANNA, TEXAS ORDINANCE NO. Page 7 of 38 Service Pole. A pole, other than a Municipally Owned Utility Pole or Decorative Pole, owned or operated bV a municipality and located in a Public Right -of -Way, including: (a) A pole that supports traffic control functions; (b) A structure for signage; (c) A pole that supports lighting, other than a Decorative Pole; and (d) A pole or similar structure owned or operated by the City and supporting only Network Nodes. Transport Facility. Each transmission path physically within a Public Right -of - Way, extending with a physical line from a Network Node directly to the network, for the purpose of providing backhaul for the Network Nodes. Utility Pole. A pole that provides: (a) Electric distribution with a voltage rating of not more than 34.5 kilovolts; or (b) Services of a telecommunications provider, as defined by Texas Utilities Code, Section 51.002. Utility Structure. Equipment and physical support used in providing public utility service, but excluding Network Nodes and all poles defined in this article. Wireless Service. Any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a Network Node. Wireless Service Provider. A person or entity that provides Wireless Service to the public. Section 4. Right -of -Way Occupancy 4.01 Any person, prior to constructing Facilities in, on or over the Public Rights - of -Way, must first obtain separate Municipal Authorization. 4.02 This article does not constitute or create authority to place, reconstruct, or alter Facilities in, on or over the Rights -of -Way nor to engage in construction, excavation, encroachments, or work activity within or upon any Public Right -of -Way, and said authority must be obtained in accordance with the terms of this article. 4.03 Any person with a current, unexpired franchise, Municipal Authorization, license or other authorization from the City or state to use the Public Right -of -Way that is in effect at the time this article takes effect, shall continue to operate under and comply with that grant, and in the event this ordinance conflicts with existing authorization, the more restrictive provision shall apply. 4.04 Regardless of any prior existing unexpired franchise, Municipal Authorization, license or other authorization from the City or state to use the Public Right -of -Way, an Owner shall be required to obtain a permit CITY OF ANNA, TEXAS ORDINANCE NO. Page 8 of 38 prior to performing any construction within a Public Right -of -Way, save and except for work exempted by LGC Section 284.157 (as amended). However, prior to beginning any work so exempted, the Owner must provide advance written notice to the City of no less than 15 calendar days. Replacement or upgrade of poles by Network Providers requires advance approval of the pole's Owner. All size limitations provided in this article or other law remain applicable even to work exempted under LGC Section 284.157. Section 5. Registration 5.01 In order to Drotect the Dublic health. safetv and welfare. all Owners of Facilities in the Right -of -Way will register with the City. Registration and permits will be issued in the name of the person who owns or will own the Facilities. Registration must be renewed on or before September 30 of each year. If a registration is not renewed, and subject to 60 calendar days notification to the Owner, the Facilities of the Owner will be deemed to have been abandoned. When any information provided for the registration changes, the Owner will inform the City of the change no more than 30 days after the date the chanae is made. Reaistration shall include: (a) The name, address(es) and telephone number(s) of the Owner; (b) The names, address(es) and telephone numbers, of the contact Person(s) for the Owner: (c) The name(s, address(es) and telephone number() of any contractor() or subcontractor() who will be working in the Right -of -Way on behalf of the Owner. If the names of contractors and subcontractors are not available at the time of reaistration, thev must be submitted to the Citv prior to permit issuance; (d) Proof of insurance and bonds as required in Section 76; (e) The name() and telephone number() of an emergency contact who shall be available 24 hours a dav: (f) The source of the Owner's Municipal Authorization (e.g., franchise, state law, etc.). If the Owner is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission; and (g) The Owner's two-year projections of plans for the construction of Facilities in the City at the time of registration renewal. CITY OF ANNA, TEXAS ORDINANCE NO. Page 9 of 38 5.02 Registration shall be a prerequisite to issuance of a Construction Permit. Each Owner shall update and keep current the registration with the City at all times. 5.03 Notwithstanding any other provision of this article, the installation or Collocation of Network Nodes in a Public Right -of -Way shall not require any registration or permit which is not expressly authorized by LGC, Chapter 284 (as amended). Section 6. Construction Permits 6.01 General (a) An Owner shall not perform any Construction or installation of Facilities in the Public Right -of -Way without first obtaining a Construction Permit, except as provided herein. Network Providers must file at least one Permit application for every 30 (thirty) Network Nodes to be located in Public Right -of -Way and receive corresponding Permits for the installation or Collocation of those Network Nodes. In the discretion of the Director, an Owner who is not a Network Provider may be required to apply for and receive multiDle Permit applications for Construction which will involve more than one work site. (b) Emergency construction related to existing Facilities may be undertaken without first obtaining a Permit; however, the Department shall be notified in writing within two business days of any construction related to an Emergency response; including a reasonably detailed description of the nature of the Emergency and the work performed in the Right -of -Way. An updated map of any Facilities that were relocated, if applicable, shall be provided to the Department within 90 days. (c) A permit is not required under subsection (a) if the activity in the Public Right -of -Way consists exclusively of: (1) a residential service connection on the same side of the Public Right- of-Way. if the connection does not reauire a Davement cut: or (2) the replacement of a single damaged pole. (d) Unless the Director has issued prior approval, the Owner or contractor shall not close any traffic lanes or otherwise impede traffic on Manor Thoroughfares during the morning or evening rush hours on weekdays during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:30 p.m. Any closure of a traffic lane for more than four hours during any non -peak traffic period shall also require a permit unless waived by the Director. CITY OF ANNA, TEXAS ORDINANCE NO. Page 10 of 38 (e) All construction in the Right -of -Way shall be in accordance with the permit for the Facilities. The Director and or his/her designee shall be provided access to the work and to such further information as he or she may reasonably require to ensure compliance with the permit. (f) A copy of the construction permit and approved construction plans shall be maintained at the construction site and made available for inspection by the Director at all times when construction work is occurring. (g) All Construction work authorized by Permit must be completed in the time specified in the Construction Permit, but in the case of Permits granted to Network Providers, installation must begin no later than six months after final approval and must be diligently pursued to completion. Failure to begin construction within said six month period results in expiration of the Permit. If the work cannot be completed in the specified time period, the Owner may request a reasonable extension of the time period from the Director. The Director will use his/her best efforts to approve or disapprove a request for extension of a Permit as soon as possible. If the request for the extension is made prior to the expiration of the Permit, work may continue while the request is pending_ (h) Construction, excavation, or work area. No Owner or contractor shall perform construction, excavation, or work in an area larger or at a location different than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application, the Owner or contractor shall notify the Director immediately and, within 24 hours, shall file a supplementary application for the additional construction, excavation, or work. (i) Applicants are solely responsible for obtaining any and all necessary permits or other approvals from other applicable regulatory authorities, including but not limited to the Texas Public Utility Commission and the Texas Department of Transportation. The City's issuance of a Permit is not a substitute for approval by other regulatory authorities and does not constitute any representation by the City that the proposed construction would meet the requirements established by other authorities. A copy of any permit or approval issued by federal or state authorities for work in federal or state Rights -of -Way located in the City shall be provided, if requested by the Department. (j) If state or federal law addresses the same issue as any part of this Right - of -Way management ordinance, the regulation which creates the greatest limitations on construction activity shall control unless otherwise agreed in writing. CITY OF ANNA, TEXAS ORDINANCE NO. Page 11 of 38 (k) Notwithstanding any provision of this article, approvals provided by the City shall not constitute or be deemed to be a release of the responsibility and liability of Owner, or Owner's officers, agents, servants or employees, Owner's engineer, or said engineer's employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City or the City's officers, agents, servants or employees, for any defect in the design and specifications prepared by Owner or Owner's officers, agents, servants or employees, Owner's engineer, or said engineer's officers, agents, servants or employees. 6.02 Collocation of Network Nodes on Service Poles (a) Any Owner who seeks to Collocate Network Nodes on Service Poles must first enter into a suitable nondiscriminatory Collocation agreement with the City, which shall include insurance and bonding requirements, and provisions for the removal of the Owner's equipment at no expense to the City in the event of contract breach, widening or other construction in the Riaht-of-Wav, abandonment of the eauipment. Owner dissolution or bankruatcv. or similar occurrences. (b) Prior to entering an agreement with the City under this subsection, Owner shall supply to the City a certified report from an engineer licensed in the State of Texas which verifies that the proposed Collocation will not impede any function of the Service Poles at issue, or any function of other equipment Collocated on said Service Poles, and will not in any way endanaer the Dublic. The expense of said report shall be borne solelv by the Owner. (c) Owners of Network Nodes on Service Poles shall pay to the City an annual fee for each pole as set forth in the City's fee schedule. Terms for the timina of Davment shall be included in the Collocation aareement. 6.03 Other Modifications and Pole Attachments (a) Any desired modification from the technical specifications of an existing Permit requires a new Permit application or amendment to a pending Permit application. For purposes of this provision, "modification" shall include but not be limited to a change in pole height, addition of equipment which increases overall pole/structure height, rerouting or adding new underground connections to an above -ground installation, rerouting or adding new above -grade lines, or addition of any equipment which adds additional or upgraded functions to an existing Facility (e.g., adding telecom equipment to an electric pole). CITY OF ANNA, TEXAS ORDINANCE NO. Page 12 of 38 (b) Any person or entity seeking to install additional equipment of any kind to an existing pole owned by another entity must obtain a permit before commencina with the work. (c) See additional requirements of pole -attachment agreements under Section 7.10. Section 7. Permit Application 7.01 The Permit shall state to whom it is issued, location of work, location of Facilities. dates and times work is to take place and anv other conditions set out by the Director. Except for Network Providers (see Section 6.01(g)), if the Owner fails to act upon any permit within 90 calendar days of issuance, the Permit shall become invalid, and the Owner will be required to obtain another Permit. No Permit shall be transferable. 7.02 The Permit will be in the name of the person who will own the Facilities to be constructed. The permit application must be completed and signed by an authorized representative of the Owner of the Facilities to be constructed. 7.03 Permit applications shall be considered incomplete until all applicable fees are tendered to the Citv in accordance with the Citv's fee schedule. 7.04 Any person requesting a Permit will provide the Director with documentation in the format specified by the Department. at the time of the permit application submittal, including: (a) the proposed location and route of all Facilities to be constructed or installed and the Owner's Dlan for Riaht-of-Wav construction: (b) three sets of engineering plans, including plan and profile, which will be on a reasonable scale acceptable to the Department, unless waived by the Director. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the State of Texas; (c) detail of the location of all Rights -of -Way (including utility easements) that the Owner plans to use; (d) detail of existing utilities located in the Right -of -Way, including the City's utilities, in relationship to Owner's proposed Facilities/route; (e) detail of what Owner proposes to construct including size of Facilities, services to be provided by the Facilities, materials used, and other details such as pipe size, total structure heiqht, number of ducts, valves, etc; CITY OF ANNA, TEXAS ORDINANCE NO. Page 13 of 38 (f) detail of plans to remove and replace asphalt or concrete in streets, and details for restoration within Public Right -of -Way; (g) drawings of any bores, trenches, handholes, manholes, switch pear, transformers, pedestals, etc. including depth and elevation located in Public Right -of -Way; (h) typical details of manholes and/or handholes Owner plans to use or access; (i) complete legend of drawings submitted by Owner, which may be provided by reference to previously submitted documents acceptable to the City; Q) the construction methods to be employed for the protection of existing structures, fixtures, and Facilities within or adjacent to the Right -of -Way, and the dates and times work will occur, all of which (methods, dates, times, etc.,) are subject to approval of the Director, and to include an erosion control plan at the request of the Director; (k) For Network Nodes, a certificate that all Network Nodes to be installed comply with the applicable regulations of the Federal Communications Commission, and certification that the proposed Network Node will be placed into active commercial service by or for a Network Provider not later than the 60t" day after the date the construction and final testing of the Network Node is completed, and other information required by the City related to the provider's use of the Right -of -Way under LGC, Chapter 284 (as amended), to ensure compliance with said chapter; and (1) proof of insurance and bonds as required by Section 76. 7.05 A request for a permit must be submitted at least 15 business days before the proposed commencement of work identified in the reauest. unless waived in writing by the Director. 7.06 Requests for permits will be approved or disapproved by the Director within the followina timeframes: (a) Network nodes: 30 days to determine completeness; 60 days to approve or deny. (b) Node Support Poles: 30 days to determine completeness; 150 days to approve or deny. (c) Transfer Facilities: 10 days to determine completeness; 21 days to CITY OF ANNA, TEXAS ORDINANCE NO. Page 14 of 38 If not acted on within timeframe for approval or denial is listed above, the permit shall be deemed approved if required by state law. Any completeness reviews of applications for uses of Right -of -Way not listed above will be performed within 30 days, and the City shall act to approve or deny complete applications within 150 days, unless shorter timeframes for review are Drovided under state or federal law. If an application is determined to be incomplete, the applicant may resubmit a completed or cured application within 30 days without payment of a new application fee. If an application is determined to be incomplete, the City shall specifically identify the missing information in a written notification to the applicant. The Director will consider all information submitted by the applicant including a review of the availability of space in the Right -of -Way based on the applicant's proposed route and location. If a complete application is denied, the City shall document the basis for the denial, including specific applicable code provisions or other municipal rules, regulations, or other law on which the denial was based. The City shall send the documentation by electronic mail to the applicant on or before the date the City denies the application. If an applicant cures the deficiencies identified in the denial documentation and resubmits within 30 days of the denial, the City shall approve or deny the completed revised application no later than 90 days after receipt of the completed revised application, and may charge the applicant an additional aaDlication fee for its actual costs incurred. Review of revised applications shall be limited to the deficiencies cited in the denial documentation. Failure to submit a completed or cured application within 30 days will cause any subsequent submission to be treated as a new application. 7.07 The Department or the Owner can request a pre -construction meeting with the construction contractor. 7.08 No person receiving a permit shall authorize or otherwise allow any equipment, device, or other feature not depicted in the permit application submittal to be erected, installed, attached, Collocated, or otherwise affixed to any materials placed in a Right -of -Way. Allowing such activity is unlawful, constitutes a public nuisance, and constitutes a violation of this ordinance for each day the improper installation remains. An Owner must take action to remove an installation exceeding the scope of the permit within 48 hours of receiving notice of a violation of this section from the City, or the City may remove the improper installation at the Owner's CITY OF ANNA, TEXAS ORDINANCE NO. Page 15 of 38 7.09 Submission of an application for a Permit constitutes the Owner's acceptance of responsibility for monitoring the Facilities which are the subject of the respective Permit, and agreement that any future transfer of Ownership of Facilities in any Right -of -Way is strictly limited to the exact specifications of an approved permit, and further that the Owner originally listed on an approved permit is responsible for all costs of City abatement of any improperly installed equipment or failure to timely conform as needed for public improvements, except as may be specifically provided for in this article or applicable franchise agreement. .10 Owner shall provide the City a copy of any related pole attachment contract (or any other arrangement for Collocation on or within Owner's Facilities) as part of the Owner's permit application. Said contract must include, as a binding term, a provision requiring the Owner or the collocating entity to move all of its equipment to a new permitted location within 30 days after notice that relocation is necessary. Said contract must also provide that if it is necessary to remove or relocate any Facilities and the collocating entity fails to move its equipment within 30 days after receiving notice of the need to move, the collocating party authorizes both the permit applicant (or pole Owner, as applicable) and the City to transfer or remove the equipment at the permit applicant's expense and fully indemnifies and holds harmless the City (and its officers, employees, contractors, and other agents) from all liability to the same degree as described by Texas Utilities Code 252.006(c)(as amended). Submission of an unexecuted or nonconforming contract shall result in denial of the permit application. 7.11 Surmlementation. Anv Derson receivina a Dermit under this section shall have an ongoing duty to promptly provide written notice to the City of any proposed or anticipated change to the application details previously supplied to the City, including but not limited to providing notice to the City of any proposal for Collocation of any other party's equipment on Previously permitted Facilities. Work under a proposed modification to a permit cannot commence unless all relevant information is supplied to the City at least 15 days in advance, unless otherwise waived in writing by the Director. Section 8. Design Standards for Network Providers 8.01 Each new, modified, or replacement Utility Pole or Node Support Pole installed in a Public Right -of -Way must be within the scope of an approved Permit and constructed in compliance with the Design Manual adopted by the City. The Design Manual in use by the City on the date CITY OF ANNA, TEXAS ORDINANCE NO. Page 16 of 38 permit, if approved. The City's Design Manual is incorporated by reference and maintained in the office of the Citv Secretarv. 8.02 A new, modified, or replacement Utility Pole or Node Support Pole must not exceed the lesser of: (a) 10 feet in height above the tallest existing Utility Pole located within 500 linear feet of the new Dole in the same Public Riaht-of-Wav: or (b) 55 feet above ground level. 8.03 A Network Provider may not install a new Node Support Pole in a Public Right -of -Way without the City's discretionary, non-discriminatory, and written consent if the Public Right -of -Way is in a Municipal Park or is adjacent to a street or thoroughfare that is: (a) Not more than 50 feet wide; and (b) Adjacent to single-family residential lots or other multifamily residences or undeveloaed land that is desianated for residential use by zonina or deed restrictions. 8.04 If a Network Provider is installing a Network Node or Node Support Pole in a Public Right -of -Way described by subsection 8.03 above, then it must comDly with all private deed restrictions and other private restrictions in the area that apply to its Facilities. 8.05 Historic or Desian Districts. A Network Provider must obtain advance written approval from the City before collocating new Network Nodes or installing new Node Support Poles in any area of the City zoned or otherwise designated as a Historic District or as a Design District if the district has or reauires Decorative Poles. (a) The following areas have been zoned or designated as historic or Design Districts in the Citv. Other areas not listed here may also be zoned or designated as Historic or Design Districts. A complete list of such districts is on file with the City secretary. (1) Central Business Redevelopment District (CBRD) (2) Thoroughfare Overlay District (THOR) (3) All areas within 300 linear feet of a Decorative Pole approved by the City CITY OF ANNA, TEXAS ORDINANCE NO. Page 17 of 38 The City requires reasonable design and/or concealment measures for new Network Nodes or new Node Support Poles in any Historic or Design District with Decorative Poles as a condition of approval. Network Providers must comply with the design and aesthetic standards of the district and explore the feasibility of using camouflage measures to improve the aesthetics of the new Network Nodes, new Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or eauipment. to minimize the imaact on to the aesthetics in a Historic District or on a Design District's Decorative Poles. (c) No provision of this subsection (e) shall be construed as a limitation on the City's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under state or federal law. 8.06 Limitations on the size of Network Nodes. (a) Network Nodes must conform to the following conditions: (1) Each Antenna that does not have exposed elements and is attached to an existina Structure or Pole: (i) Must be located inside an enclosure of not more than six cubic feet in volume; (ii) May not exceed a height of three feet above the existing Structure or Pole; and (iii) May not protrude from the outer circumference of the existing Structure or Pole by more than two feet: (2) If an Antenna has exposed elements and is attached to an existing Structure or Pole, the Antenna and all of the Antenna's exposed elements- (i) Must fit within an imaginary enclosure of not more than six cubic feet; (ii) May not exceed a height of three feet above the existing Structure or Pole; and (iii) May not protrude from the outer circumference of the existing Structure or Pole by more than two feet; (3) The cumulative size of other wireless equipment associated with the Network Node attached to an existing structure or Pole may not: CITY OF ANNA, TEXAS ORDINANCE NO. Page 18 of 38 (i) Be more than 28 cubic feet in volume; or (ii) Protrude from the outer circumference of the existing structure or pole by more than two feet; (4) Ground -based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeoer than three feet six inches: and (5) Pole -mounted enclosures may not be taller than five feet. (b) The following types of associated ancillary equipment are not included in a calculation of eauipment volume under subsection (a): M Electric meters; 0 Concealment elements; Telecommunications demarcation boxes; Grounding equipment; Power transfer switches; Cut-off switches; and M Vertical cable runs for the connection of power and other services. (c) Equipment attached to Node Support Poles may not protrude from the outer edae of the Node Suaaort Pole by more than two feet. (d) Equipment attached to a Utility Pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the Utility Pole Owner's construction standards. (e) A Network Provider may construct, modify, or maintain in a Public Right - of -Way a Network Node or Node Support Pole that exceeds the height or distance limitations prescribed by this article only if the City approves the construction, modification, or maintenance subject to all applicable zoning or land use reaulations and all applicable codes. 8.07 Network Providers must ensure that the vertical height of an equipment cabinet installed as part of a Network Node does not exceed the height limitation prescribed by this section, subject to approval of the Pole's owner if applicable. 8.08 Underaroundina. Network Providers must comely with all underaroundin requirements imposed by City ordinance, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a Public Right -of -Way without first obtaining zoning or land use approval. Such requirements or CITY OF ANNA, TEXAS ORDINANCE NO. Page 19 of 38 restrictions shall not prohibit a Network Provider from replacing an existing structure, subject to compliance with other applicable regulations. Section 9 — Section 10. Reserved. Section 11. Construction Standards 11.01 All Construction shall be in conformance with all City codes and applicable local, state and federal laws. 11.02 Construction of Network Nodes and Node Support Poles shall be conducted in a manner which does not: (a) Obstruct, impede, or hinder the usual travel or public safety on a Public Right -of -Way, except as permitted by City ordinance; (b) Obstruct the legal use of a Public Right -of -Way by other utility providers; (c) Violate nondiscriminatory applicable codes; (d) Violate or conflict with the City's Right -of -Way design specifications; or (e) Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq. (as amended)). 11.03 The Department must be notified two business days in advance that construction is ready to proceed by either the Owner, its contractor or authorized representative. At the time of notification, the Owner will inform the Department of the number (or other information) assigned from the appropriate one -call notification center. "Notification center" means the same as in Texas Utilities Code Ch. 251, or its successor. The name, address and phone numbers of the contractor or subcontractor who will perform the actual Construction, including the name and telephone number of an individual with the contractor who will be available at all times durina Construction. Such information shall be reauired prior to the commencement of any work. 11.04 Public Notification. (a) For any closure of a traffic lane or blocking of a sidewalk or alley lasting six days or less, the permittee shall conspicuously mark its vehicles with the permittee's name and telephone number. CITY OF ANNA, TEXAS ORDINANCE NO. Page 20 of 38 (b) For projects scheduled to last more than seven calendar days, a three feet by three feet informational sign stating the identity of the person doing the work, a local telephone number and Owner's identity shall be placed at the location where construction is to occur 48 hours prior to the beginning of work in the Right -of -Way and shall continue to be posted at the location during the entire time the work is occurring. The informational sign will be posted on the Public Right -of -Way 100 feet before the construction location commences, unless other posting arranaements are aaaroved or reauired by the Director. (c) When projects last more than seven calendar days, the Owner shall also provide written notification to all adjacent property occupants 48 hours prior to the beginning of construction. Informational fliers shall include the person doing the work, a local telephone number, Owner's identity, and proposed schedule. 11.05 Erosion control measures (e.g. silt fence) and advance warning signs markers, cones and barricades must be in place before work begins. 11.06 Lane closures on Maior Thorouahfares will be limited to one lane between 9:00 a.m. and 3:30 p.m. unless the Director grants prior approval. Arrow boards will be required for lane closures on all arterials and collectors, with all barricades, advanced warning signs and 36-inch reflector cones placed according to the Texas Manual on Uniform Traffic Control Devices. Owner shall provide a traffic control plan for all work in the Public Rights - of -Way for City review and approval, and except for Emergency work, no work shall commence prior to City approval of the traffic control plan. 11.07 Without affectina the leaal relationshiD between the Owner and their contractor, Owners are responsible for the workmanship of, and any damages caused by, their contractors or subcontractors. A responsible representative of the Owner will be available to the Department at all times durina construction. 11.08 Owner shall be responsible for storm water management, erosion control and excavation safety measures that comply with City, state and federal guidelines. Requirements shall include, but not be limited to, construction fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire backed silt fencing. Upon request, Owner may be required to furnish documentation submitted or received from federal or state aovernment. CITY OF ANNA, TEXAS ORDINANCE NO. Page 21 of 38 11.09 Owner or contractor or subcontractor will notify the Department immediate) of damage to other utilities, either City or privately owned. 11.10 It is the Citv's Dolicv not to cut streets or sidewalks: however. except in case of Emergency when a street or sidewalk cut is required, prior approval must be obtained from the Department and all requirements of the Department shall be followed in all street and sidewalk cuts. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic, and shall be in accordance with City standard specifications and details for restoration within Public Rights -of -Way. 11.11 Installation of Facilities must not interfere with City utilities, in particular gravity dependent Facilities. Facilities shall not be located over, or within three feet, horizontally or vertically, of any water or sanitary sewer mains, unless approved by the Director. 11.12 New Facilities must be installed to a minimum depth required by state and federal codes and standards. 11.13 All directional boring shall have a locator place bore marks and depths while the bore is in progress. Locator shall place a mark at each stem with a paint dot and depth at least every other stem. 11.14 No directional borina zones. In the Citv. the Dublic infrastructure must be maintained and protected by all Owners and contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no person, agency, or contractor will be allowed to directionally bore longitudinally with water mains that are larger than eight inches and sewer mains that are eight inches or larger, unless this requirement is waived in writing by the Director. The installation of Facilities in the Public Rights -of -Way or easements will be installed by open excavation to assure the protection of the City's water and sewer system. 11.15 Hours of Operation for Non-Emeraencv Work. Construction may not start earlier than 7:00 a.m. on weekdays nor continue after dark without prior permission from the City. Construction on Saturday may not start before 7:00 a.m. and must be approved by the Director by noon on the Thursday prior to the proposed Saturday. Unless otherwise expressly permitted herein or as specifically provided for in a permit issued under this Article 50, construction shall not continue after 7:00 p.m. or prior to 7:00 a.m. Work on Sunday is prohibited without special permission by the City CITY OF ANNA, TEXAS ORDINANCE NO. Page 22 of 38 prior to Saturday work, if City inspection is required. The Saturday inspection fee must be paid prior to noon on Thursday prior to the Saturday in which the work is to be performed. Construction work on recognized City holidays is prohibited. The additional fees described in this section are not applicable to installation or Collocation of Network Nodes. 11.16 Persons working in Public Rights -of -Way are responsible for obtaining line locates from all affected utilities or others with Facilities in the Right - of -Way prior to any excavation. Use of a geographic information system or the plans of records does not satisfv this reauirement. 11.17 The Owner of any Facilities located within Public Rights -of -Way is required to mark the location of such Facilities when requested by the City. Location and marking of said Facilities shall occur within two hours of an emeraencv reauest. and within fortv-eiaht hours of a non - emergency request. 11.18 Owner will be responsible for verifying the location, both horizontal and vertical, of all Facilities. When required by the Department, Owner shall verify locations by pot holing, hand dipping, or other methods approved by the Department prior to any excavation or boring_ 11.19 Placement of all manholes and/or handholes must be approved in advance by the Department. Handholes or manholes will not be located in sidewalks, unless approved by the Director. 11.20 Locate flags shall not be removed from a location while Facilities are beina constructed. 11.21 When Construction requires pumping of water or mud, the water or mud shall be contained in accordance with federal and state law and the directives of the Department. 11.22 A person shall perform operations. excavations and other construction in the Public Rights -of -Way in accordance with all applicable City requirements, including the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligations on other similar users of the Public Right -of -Way. The City shall waive the requirements of trenchless technology if it determines that the field conditions warrant the waiver, based upon information provided to the City by the person. All excavations and other construction in the Public Rights -of -Way shall be conducted so as to minimize interference CITY OF ANNA, TEXAS ORDINANCE NO. Page 23 of 38 reasonable construction directions given by the City in order to minimize any such interference. 11.23 All construction shall conform to the City tree preservation standards. 11.24 Excavation safety. On construction projects in which excavation will exceed a depth of five feet, the agency must have detailed plans and specifications for excavation safety systems. The term "excavation" includes trenches, structural features, or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and occupational safety and health administration (OSHA) standards and regulations. 11.25 Confined Space. On construction proiects that involve entry into a "confined space" or "permit -required confined space" as said terms are defined under 29 CFR §1910.146(b), as amended, the Owner shall comply with all related City regulations and applicable state and federal law. 11.26 To the extent permitted under state law and/or an applicable tariff from the Texas Public Utility Commission and where it is technologically feasible, it is preferred that all Facilities be installed underground. Any claim that underground installation is not technologically feasible is subject to denial by the Director unless the permit application is accompanied by a suitable report prepared by a civil engineer licensed in Texas, which said report individually addresses the conditions that prevent the feasibility of underground installation on each site where above -ground installation is proposed. Cost of installation must not be the sole factor used to suaaort a claim that underaround installation is not feasible. Section 12. As -Built Plans 12.01 Right-of-way users will provide the Director with "as -built plans" within 90 days of completion of Facilities in the Right -of -Way. The plans shall be provided to the City with as much detail and accuracy as required bV the Director. All the requirements specified for the plans submitted for the initial permit, as set forth in Sec. 7.04 shall be submitted and updated in the as -built plans. Users that have Facilities in the Right -of -Way existing as of the date of this article who have not provided as built plans shall provide 1/4 of the information concerning Facilities in City Right -of -Way within one year after the passage of this article and 1/4 each six months thereafter. The detail and accuracy will concern issues such as location, size of Facilities. materials used. and anv other health. safetv and welfare CITY OF ANNA, TEXAS ORDINANCE NO. Page 24 of 38 with City hardware and software or shall be subject to a conversion fee, except that a conversion fee shall not be charged when the plans depict only installation or Collocation of Network Nodes. Owner shall include one scalable set of plans in a paper format. 12.02 If as -built plans submitted under this section include information expressly designated by the Owner as a trade secret or other confidential information protected from disclosure by state law, the Director may not disclose that information to the public without the consent of the Owner, unless otherwise compelled by a decision of the Attorney General pursuant to the Texas Public Information Act, Texas Government Code Chapter 552, as amended, or by a court having 'urisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize an Owner to designate all matters in its as -built plans as confidential or as trade secrets. 12.03 The requirements set forth in subsection 12.01, above, or portions of said requirements, may be waived by the Director for good cause. Section 13. Conformance with Public Improvements 13.01 Whenever by reasons of widenina or straiahtenina of streets. sidewalks water or sewer line projects, or any other City project, it shall be deemed necessary by the governing body of the City to remove, alter, change, adapt, or conform an Owner's underground, above ground, or overhead Facilities within the Right -of -Way to another part of the Right -of -Way, such alterations shall be made by the Owner of the Facilities at the Owner's expense (unless provided otherwise by state law, a franchise, a license or a Municipal Authorization until that arant exaires or is otherwise terminated). The Owner shall be responsible for conforming its Facilities within mutually agreed upon time limits. If no time limits can be agreed upon, the time limit shall be 90 days from the day the City secures any additional Right -of -Way and transmits final plans and notice to make the alterations. The Owner of Facilities shall be responsible for any direct costs associated with project delays associated with failure to conform Facilities within the mutually agreed upon time limits. Reimbursement for all costs provided for by this subsection shall be made within 30 calendar days. Responsibility for the costs required to remove, alter, change, adapt, or conform Facilities ("modify" herein) is not affected by any transfer of Ownership of some or all of the Facilities from the original Owner to any other person, unless the original Owner establishes to the City's satisfaction that (1) the transfer of Ownership of the Facilities at issue was completed no less than 30 days prior to receipt of notice to modify the Facilities and (2) responsibility for the costs of removal, relocation. modification. and similar costs was disclosed to and accented CITY OF ANNA, TEXAS ORDINANCE NO. Page 25 of 38 documentation of all necessary bonds and insurance verifications prior to the receipt of notice to modify the Facilities. Any attempted transfer of Facility Ownership (whether by sale, gift, abandonment, quitclaim, or any other devise) which does not comply with the requirements of this section shall be ineffective to relieve the original Owner of financial responsibility for the costs to modify the Facilities, and the City may use any means to recover its costs or ensure the prompt completion of the necessary work to modify the Facilities, including but not limited to making claims against bonds, issuing fines, pursuing liens, or any other lawful means. 13.02 An Owner may trim trees in or over the Public Rights -of -Way for the safe and reliable operation, use and maintenance of its Facilities, subject to any City regulations related to tree preservation. All tree trimming shall be performed in accordance with standards promulgated by the National Arborist Association and the International Society of Arborculture. Should the Owner, its contractor or agent, fail to remove such trimmings within 24 hours, the City may remove the trimmings or have them removed, and upon receipt of a bill from the City, the Owner shall promptly reimburse the City for all costs incurred within 30 calendar days. 13.03 An Owner shall temporarily remove. raise or lower its aerial Facilities to permit the moving of houses or other bulky structures. The Owner shall temporarily remove, raise or lower its aerial Facilities within 15 working days of receiving a copy of a permit issued by the City. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefiting from the temporary rearrangements. The Owner may require prepayment or prior posting of a bond from the party requesting the temporary move. Section 14. Improperly Installed Facilities 14.01 Any Owner doing work in the City Right -of -Way shall properly install, repair, upgrade and maintain Facilities. 14.02 Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: (a) the installation, repair, upgrade or maintenance endangers people or property; (b) the Facilities do not meet the applicable City codes; (c) the Facilities are not capable of being located using standard practices; or CITY OF ANNA, TEXAS ORDINANCE NO. Page 26 of 38 (d) the Facilities are not located in the proper place at the time of construction in accordance with the directions provided by the Department or the plans approved by the Department. Section 15. Location of Utility Structures 15.01 Utilitv Structures not exceedina 20 cubic feet are allowed in the Riaht-of- Way or utility easements, subject to available room and located as approved by the Director. The placement of Utility Structures larger than 20 cubic feet, but not exceeding 30 cubic feet will be reviewed on a case - by -case basis by the Director. Such structures shall not encroach within a sidewalk area, including a vertical clearance of 14 feet above the sidewalk or within the siaht visibilitv area. 15.02 Utilitv Structures laraer than 30 cubic feet shall be located as close as practical to the back of a public or private utility easement and subject to available room and located as approved by the Director. 15.03 Above -ground Facilities such as pedestals, switching boxes and similar Facilities shall be located no less than three feet from the edge of an alley or the back of street curbs and such that they do not create a physical or visual barrier to vehicles leaving or entering roads, Driveways or alleys. Such Facilities shall not be located in front of residential lots in a manner that creates an unreasonable visual or aesthetic impairment (as determined by the Director) for the property Owner. 15.04 The Owner's identity and telephone number shall be placed on all Utility Structures placed in the Rights -of -Way. 15.05 ExceDt to the extent limited by Texas Local Government Code Chanter 284 or other applicable law, Antenna, Microwave Reflector & Antenna Support Structures and any part or component thereof are prohibited in Public Rights -of -Way without the express approval of the City Council by resolution or ordinance of a franchise agreement or license. Approval of any such Facility, franchise agreement, or license is at the sole discretion of the City council. 15.06 In areas where utilities are already present in a Right -of -Way, all Facilities are to be installed on the same side of the roadway as existing Facilities, unless it is established to the Director that the conformance to that requirement is not feasible. If pre-existing utility installations are underground in the vicinity of proposed construction, all new Facilities must also be underground unless otherwise provided by an applicable tariff of the Texas Public Utility Commission. Applications for above ground and underground construction may be subject to different CITY OF ANNA, TEXAS ORDINANCE NO. Page 27 of 38 requirements, even as applied to Facilities designed to provide similar services. Section 16. Restoration of Property 16.01 Owners shall restore property affected by construction of Facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Owners shall submit photographs and/or a video of the construction area at the time of the issuance of the permit. Restoration must be aoaroved by the Deaartment. 16.02 Restoration must be made within ten workina days of comDletion of trench backfill for a length of 300 feet, or within the limits of one City block, unless otherwise approved by the Director. If restoration is not satisfactory and performed in a timely manner, after written notice, then all work in progress (except that related to the problem), including all work previously permitted but not complete, may be halted at City direction and a hold may be Dlaced on anv future Dermits until all restoration is comDlete. 16.03 Upon failure of an Owner to perform such restoration, and five days after written notice has been given to the Owner by the City, and in the event restoration has not been initiated during such five-day period, the City may repair such portion of the Public Rights -of -Way as may have been disturbed by the Owner, its contractors or agents. Upon receipt of an invoice from the City, the Owner will reimburse the City for the costs so incurred within 30 calendar days from the date of the Citv invoice. 16.04 If the City determines that the failure of an Owner to properly repair or restore the Public Rights -of -Way constitutes a safety hazard to the public, the City may undertake emergency repairs and restoration efforts, after emeraencv notice has been Drovided, to the extent reasonable under the circumstances. Upon receipt of an invoice from the City, the Owner shall promptly reimburse the City for the costs incurred by the City within 30 calendar days from the date of the City invoice. If payment is not received within the 30 calendar days, the City shall initiate a claim for compensation with the appropriate bonding company. 16.05 Should the City reasonably determine, within two years from the date of the completion of the repair work, that the surface, base, irrigation system or landscaae treatment reauires additional restoration work to meet the standards of subsection (a), an Owner shall perform such additional restoration work to the satisfaction of the City, subject to all City remedies as provided herein or available at law or in equity. 16.06 Restoration must be to the reasonable satisfaction of the Deaartment. The restoration shall include, but not be lim CITY OF ANNA, TEXAS ORDINANCE NO. Page 28 of 38 (a) replacing all ground cover with the type of ground cover damaged during work to a condition equal to or better either by sodding or seeding, or as directed by the Department; (b) adlusting of all manholes and handholes, as required; (c) backfilling all bore pits, potholes, trenches or any other holes shall be completed daily, unless other safety requirements are approved by the Department. Holes with only vertical walls shall be covered and secured to prevent entry. If bore pits, trenches or other holes are left open for the continuation of work, they shall be fenced and barricaded to secure the work site as approved by the Department; (d) leveling of all trenches and backhoe lines; (e) restoration of excavation site to City specifications; (f) restoration of all paving, sidewalks, landscaping, ground cover, trees, shrubs and irrigation systems. (g) removal of all locate flags during the cleanup process by the Owner or his/her contractor at the completion of the work. Section 17. Revocation or Denial of Permit If any of the provisions of this article are not followed, a Permit may be revoked by the Director or his/her designee. If a person has not followed the terms and conditions of this article in work done pursuant to a prior permit, new Permits may be denied or additional terms required. Revocation shall be effective upon the expiration of 15 days after written notice of the violation(s), unless cured during that period, except for violations which pose a threat to public safety or health, for which the revocation will be immediate upon delivery of written notice. Section 18 — Section 49. Reserved. Section 50. Appeals 50.01 Applicability. Appeals may be filed pursuant to this section for decisions of the Director related to the denial, suspension, or revocation of a Permit. However, the appeal process provided by this section shall not be available for criminal violations of this article. 50.02 Appeal to City Manager. A permittee may appeal decisions referred to in subsection (a) above by filing a written appeal with the City manager within seven working days of receipt of denial, suspension, or revocation CITY OF ANNA, TEXAS ORDINANCE NO. Page 29 of 38 of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party's challenge to the City's authority under this article, including but not limited to citations to all statutes, regulations, decisions, rulings, and other law or legal authority upon which a Dermittee relies. 50.03 Issuance of decision by City Manager. Decisions of the City Manager shall be issued within five business days of receipt of the written aDDeal. Decisions of the City Manager shall be final. Section 51 — Section 74. Reserved. Section 75. Indemnity 75.01 Each Owner placing Facilities in the Public Rights -of -Way shall promptly defend, indemnify and hold the City harmless from and against all damages, costs, losses or expenses: (1) for the repair, replacement, or restoration of City's property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective as a result of the Owner's acts or omissions; and (2) from and against any and all claims, demands, suits, causes of action, and judgments for (i) damage to or loss of the propert of person or third party (including, but not limited to the City's and Owner's respective agents, officers, employees and any third parties); and/or ii death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to the agents) arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the Owner, its agents, employees, and/or subcontractors, in the performance of activities governed under this article. 75.02 This indemnity provision shall not apply to any liability resulting from the negligent or willful acts of the City, its officers, employees, agents, contractors, or subcontractors. 75.03 The provisions of this indemnity are solely for the benefit of the City and are not intended to create or grant any rights, contractual or otherwise, to any other person. 75.04 A Permit is automatically revoked if Ownership of the Facilities is transferred to any person under terms which do not subject the new Owner(s) to the indemnity and hold harmless requirements of this article. Section 76. Insurance Requirements 76.01 CITY OF ANNA, TEXAS ORDINANCE NO. Page 30 of 38 (a) An Owner must provide acceptable proof of insurance in the total amount required by this section for Permits for Construction within Public Riahts-of-Way. or make other Drovisions acceptable to the Director. (b) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. (c) The Owner shall file the required original certificate of insurance prior to the issuance of a Permit. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured: DOlicv expiration date: and specific coverage amounts. (d) Owner shall file an annual surety bond, which will be valid for one full year, from a surety company authorized to do business in the State of Texas in the amount equal to the estimated amount of the cost to restore the Right -of -Way for the work anticipated to be done in that year, in the event the Owner leaves a lob site in the Right -of -Way unfinished, incomplete or unsafe. Owner may make other Drovisions. in lieu of a bond, as acceptable to the Director. (e) Owner shall file a maintenance bond for 25% of the cost of restoring the Right -of -Way for the preceding year. Said bond shall be in force for two vears. Owner may make other Drovisions. in lieu of a bond. as acceptable to the Director. (f) The above requirements (a)(e) may be met by utilities with a current franchise, license or Municipal Authorization if their current franchise, license or Municipal Authorization adequately provides for insurance or bonds and provides an indemnity in favor of the City. (g) The City will accept certificates of self-insurance issued by the State of Texas or letters written by the agency in those instances where the state does not issue such certificates, which provide the same or better coveraae as reauired herein. However. certificates of self-insurance must be approved in advance by the City Attorney. (h) An insurer has no right of recovery against the City. The required insurance policies shall protect the agency or public infrastructure contractor and include the Citv as an additional insured. The insurance shall be primary coverage for losses covered by the policies. CITY OF ANNA, TEXAS ORDINANCE NO. Page 31 of 38 (i) Each policy must include a provision that requires the insurance company to notify the City in writing at least 30 days before canceling or failing to renew the policy or before reducing policy limits or coverages. 76.02 Insurance Requirements (a) Owners. Each Owner applying for a permit shall obtain, maintain, and provide proof of each of the following types of insurance and coverage limits: (1) Commercial general liability on an occurrence form with minimum limits of $5,000,000.00 per occurrence and $10,000,000.00 aggregate. This coverage shall include the following: (i) Products/completed operations to be maintained for one (ii) Personal and advertising injury; (iii) Owners and contractors protective liability; and (iv) Explosion, collapse, or underground (XCU) hazards. (2) Automobile liability coverage with a minimum policy limit of $1,000,000.00 combined single limit. This coverage shall include all owned, hired and non -owned automobiles. (3) Workers compensation and employers liability coverage. Statutory coverage limits for coverage A and $500,000.00 coverage B employer's liability is required. (b) Contractors and sub -contractors. Each contractor and sub -contractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (b)(1)(a) above; however, the policy limits under the general liability insurance shall be $1,000,000.00 per occurrence and $2,000,000.00 aggregate. All other coverage provisions outlined in subsection (a)(1) above shall apply. (c) An Owner or contractor that has registered and filed proof of insurance under in accordance this article is not required to furnish separate proof of insurance under this section when obtaining a Permit but must comply with all other requirements of this section. (d) A Permit is automatically revoked if any Owner transfers Ownership of any Facilities to any person who does not have insurance coverage CITY OF ANNA, TEXAS ORDINANCE NO. Page 32 of 38 without limitation those relating to naming the City as an additional insured, without express prior written approval from the City. Section 77. Driveways and Other Private Improvements 77.01 The requirements and regulations in this section apply to Driveways and other private improvements constructed in the Public Right -of -Way for the benefit of the adjacent property. 77.02 Driveways (a) A Permit shall be required to construct a Driveway or to reconstruct, alter, or repair any Driveway approach or other related improvement located within a Public Right -of -Way. (b) Application for such Permit shall be made by the Owner of the adjacent property, who shall represent all parties in interest. (c) The permit application shall be in writing on a form provided by the City and shall include a site plan showing in sufficient detail the nature of the work proposed in the application including location, width, and related dimension of the proposed Driveway and related improvements. (d) The construction, alteration, or repair of a Driveway shall conform to the applicable construction standards and other related development regulations adopted by the City. The Director may apply other design and construction criteria as deemed necessary. (e) The applicant shall furnish all materials necessary for the construction of the Driveway and appurtenances authorized by a permit issued under this section. All materials shall be of satisfactory aualitv. and shall be subiect to inspection and approval of the City. 77.03 Other Private Improvements in Public Rights -of -Way (a) A permit is required to construct or make private improvements in the Public Right -of -Way for the benefit of the adjacent property. A permit shall only be issued where such private improvements are specifically authorized by the laws and regulations of the City. (b) Permits under this section may be issued and are required for the following private improvements within a Public Right -of -Way: CITY OF ANNA, TEXAS ORDINANCE NO. Page 33 of 38 (1) To plant or replace landscaping that has been authorized to be placed within the Public Riaht-of-Way. (2) To install or replace outdoor irrigation systems. (c) Permits are not required to plant or replace turf grass, or to repair an outdoor irriaation system located within a Public Riaht-of-Way. (d) Application for such permit shall be made by the Owner of the adjacent Property, who shall represent all parties in interest. The permit application shall be in writing on a form provided by the City and shall include a site plan showing in sufficient detail the nature of the work proposed in the application including location, width, and related dimension of the proposed improvements. (e) The following private improvements are prohibited in Public Rights-of- W ay: (1) Planting any tree, shrub or other plant, except for turf grass and other plants authorized by a landscape plan approved by the City; (2) Any other private improvement not specifically authorized by the laws and regulations of the City. 77.04 Maintenance and Repair (a) The Owner of the adjacent property shall be responsible for the perpetual maintenance and repair of Driveways and other private improvements constructed in the Public Riaht-of-Wav for the benefit of the adiacent property. (b) If the City determines that the failure of an adjacent property Owner to properly repair or maintain a Driveway or other private improvement within a Public right -Of -way constitutes a safety hazard to the public, the City may undertake repairs and restoration efforts, after notice has been provided to the adjacent property Owner, to the extent reasonable under the circumstances. Upon receipt of an invoice from the City, the Owner of the adjacent property shall promptly reimburse the City for the costs incurred by the City within 30 calendar days from the date of the City invoice. If payment is not received within the 30 calendar days, the City may file a lien against the adjacent property, or take any other action allowed in law or in equity. CITY OF ANNA, TEXAS ORDINANCE NO. Page 34 of 38 (c) The requirements in Section 16, Restoration of Property, and City standard specifications and details for restoration within Public Rights -of - Way apply to all work performed in connection with a permit authorized by this section, and any other work related to improvements constructed in the Public Right -of -Way. Section 78 — Section 79. Reserved Section 80. Cost Participation Agreements. In accordance with any applicable state law or tariffs of the Texas Public Utility Commission, permit applicants may enter into agreements with the City and/or third parties to distribute or offset the costs of non-standard Facility installations (i.e., certain underground installations) which may be required under this article. Such agreements shall always be in writing, signed by all parties to be bound, filed with the City, and are subject to approval by vote of the City council if the City is a necessary party. Section 81. Exemptions. (a) All utility companies which have a valid franchise agreement with the City shall be exempt from the Right -of -Way construction permit fee listed in the City's Fee Schedule. (b) The City is exempt from the requirements of this article. (Ord. , adopted Section 4. Adding Section 12 and Section 13 to Article 5 of Part IV of the Anna Code. 4.01 This ordinance amends Part IV, Article 5 of the Anna Code by adding the provisions to become and made part of Anna Code, as a portion of the City's "Schedule of Fees" as follows: Article 5. General Miscellaneous Fees I ... I Section 12. Right -of -Way Fees 12.01 Public Right -of -Way Construction Application Fees CITY OF ANNA, TEXAS ORDINANCE NO. Page 35 of 38 See Part II, Article 50 for definitions of the terms below. (a) Network Nodes and Transport Facilities: The lesser of i) Actual cost to the City, or ii) $500 for an application including up to 5 network nodes, and $250 for each additional network node per application. (b) Node Support Poles: lesser of the actual cost to the City, or $1,000 per application for each pole. (c) Permits for other construction in a public right-of-way: $100. 12.02 Annual Pole Attachment Rate Rate calculated at time of application by City staff in accordance with Tex. Util. Code 54.204. 12.03 Annual Public Right -of -Way Rate Unless otherwise provided by ordinance, payments of annual rates for a calendar year shall be tendered to the City on or before September 30 of that calendar year. Payments of annual rates for facilities installed or constructed on or after October 1 of a calendar year shall be tendered to the City no later than September 30 of the following calendar year. (a) Network Nodes and Transport Facilities: $250 multiplied by the number of Network Nodes installed in the public right-of-way in the City's corporate limits. In the discretion of the City Council, the City may charge a Network Provider a lower rate or fee if the lower rate or fee is nondiscriminatory, related to the use of the public right-of-way, and not a prohibited gift of public property. Node Support Poles: No separate rate independent of the Network Node rate above. 12.04 Monthly Public Right -of -Way Rate La) Transport Facilities installed by a Network Provider: $28 multiplied by the number of the Network Provider's Network Nodes in the public right-of- way for which the installed Transport Facilities provide backhaul. This rate is in addition to the annual public right-of-way rate applicable to the Transport Facility under Section 12.04, if any. This rate shall apply unless and until the time the Network Provider's payment of other municipal fees to the City exceeds its monthly aggregate per -node compensation to the City (e.g., under LGC, Chapter 283 or Texas Utilities Code, Chapter 66). CITY OF ANNA, TEXAS ORDINANCE NO. Page 36 of 38 Transport Facilities installed by non -Network Provider: the base rate supplied by City staff at the time of application, multiplied by the number of Network Nodes in the public right-of-way for which the Owner's Transport Facilities provide backhaul. Persons building or installing Network Nodes, or Node Support Poles (or any other structure) that supports, or is capable of supporting, a Network Node, under a contractual arrangement with a Wireless Service Provider shall be subject to the rate applicable to Network Providers above. 12.05 Annual Service Pole Collocation Rate La) Network Nodes: $20 per service pole per year Section 13. Other Public Right -of -Way Improvement Fees*. 13.01 Driveways and other curb cuts $100.00 * A permit fee is not required if: 1) the permit is being issued in connection with the construction of a new residential or non-residential building; or 2) the work described in the permit is included in another permit issued concurrently to the applicant. (Ord. No. , adopted Section 4. Adoption of Design Manual. The City of Anna hereby adopts the "City of Anna Design Manual for the Installation of Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov't Code, Chapter 284." Said design manual may be amended from time to time by City staff in order to conform to changes in state or federal law. A current copy of this document will be maintained in the office of the City Secretary. Section 5. 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. Cross-references in other parts, articles or sections of the Anna Code which make reference to previous enactments carrying the same designation as any section amended by this ordinance shall be construed as referencing whichever currently effective provision best preserves the original intent and effect of the cross-reference. 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 CITY OF ANNA, TEXAS ORDINANCE NO. Page 37 of 38 effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 6. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after the later date of September 1, 2017, or after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of , 2017. ATTESTED: City Secretary, Carrie Smith APPROVED: Mayor, Michael Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 38 of 38 SECTION 1. PURPOSE AND APPLICABILITY. The City of Anna ("City") recognizes that the State of Texas has delegated to the City the ability to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities. Purpose: Loc. Gov't Code, Chapter 284 allows certain wireless Network Providers to install in the public rights -of -way their wireless facilities, described and defined in Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support Poles". As expressly allowed by Tex. Loc. Gov't Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.301', the City adopts this Design Manual in order to establish necessary and uniform standards, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Applicability: This Design Manual is for siting and criteria for the installation of Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to Loc. Gov't Code, Chapter 284. This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights -of -way of Network Nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state law. City Regulations: A Network Provider shall comply with The Anna City Code of Ordinances ("Anna Code"), including without limitation Part II, Article 50 "Management of Public Rights -of - Way", and Part III-C, Section 34.03 "Radio, Television, and Microwave Towers," building codes, subdivision regulations, zoning regulations, natural resources conservation and tree protection regulations, and other applicable law except where in conflict with this Design Manual or Chapter 284, Subchapter C. SECTION 2. DEFINITIONS. The definitions as used in Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless otherwise noted in this Section 2, below.2 Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by Provider in an unused or non- functioning condition for more than 120 consecutive calendar days unless, after notice to 1 Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use or undergoing repairs which will restore function within 30 days of said notice. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; (B) local amendments to those codes to the extent not inconsistent with Chapter 284; and (C) City Design Standards, as amended. City means the City of Anna, Texas or its lawful successor. City Manager shall mean City Manager or designee Chapter 284 means Tex. Loc. Gov't Code, Chapter 284. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a fagade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches or similar materials. Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, which have been placed or are permitted to be placed within any area in which the City maintains uniform aesthetic standards, including all Design Districts and Historic Districts. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the City maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. This includes, but is not limited to the City's Central Business Redevelopment District and THOR Overlay District as they be amended from time to time and any other areas in that have decorative poles. Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the City 2 is threatened, and includes, but is not limited to any declaration of emergency by municipal, state, or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of "Network Node." Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities. Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi -channel regulation on a national level. Highway right-of-way means right-of-way adjacent to a state or federal highway. Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the territorial boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro tower means a guyed or self -supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Mayor means the Mayor for the City of Anna. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal park means an area that is zoned, designated by municipal code, or otherwise designated by the City as a public park for the purpose of recreational activity. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual on Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: 3 (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. Network provider means: (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Pole means a service pole, municipally owned utility pole, node support pole, or utility pole. Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Provider has the same meaning as "Network Provider." Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless rd telecommunications. Public right-of-way management ordinance means any now -existing or newly enacted ordinance or Anna Code provisions that comply with Chapter 284, Subchapter C (as amended). Service pole means a pole, other than a municipally -owned -utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Small cell shall be included as a type of "Network Node." Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of- way may include sidewalks and utility easements, a "Street" does not. A "street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Transport service means use of a transport facility. Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles" as defined in Texas Local Government Code Chapter 284. SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate City Agreement or Subject to Concealment Conditions. 1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104 (a), a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of- way is in a Municipal park or is adjacent to a street or thoroughfare that is: (1) not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and (2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 1.2 Each permit application shall disclose if it is within a Municipal Park or Residential Areas as described above. 2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105, a Network Provider must obtain advance written approval from the City before collocating Ce Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. 2.1. As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City requires reasonable design or Concealment measures for the Network Nodes or Node Support Poles. All requests for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. 2.2. The City requests that Network Providers explore the feasibility of using Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts or in an Historic District. To the extent not sufficiently camouflaged or concealed, Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles or equipment should be designed in a manner similar to that of Street Lights as set forth in the CPDD. 2.3. Network Provider shall comply with and observe all applicable City, state, and federal historic preservation laws and requirements. 2.4. Each permit application must disclose if it is within a Design District with Decorative Poles or in an area of City zoned or otherwise designated as a Design District or Historic District. 3. Historic Landmarks. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government (see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission of the permit. It is recommended that each permit application disclose if it is with 300 feet of such a structure. 4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 4.1 Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. 4.2 Each permit application must disclose if it is within an area that has undergrounding requirements. B. Least preferable locations. 1. Residential Areas and Parks. A Network Provider is discouraged from installing a Network Node on an existing pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1 In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 2. Historic Districts and Design Districts. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design Districts or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. C. Most preferable locations 1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2. Highway Rights -of -Way areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. D. Designated Areas. 1. The City Council may designate an area as a Historic District or a Design District under Chapter 284.105 at any time. 2. Currently designated Historic Districts are not established. 3. Currently designated Design District areas are the areas within the CBRD. 4. All areas within 300 linear feet of any Decorative Pole installation is designated as a Design District. 5. The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. 6. While not required under Chapter 284 to designate Underground Compliance Areas to prohibit above ground Wireless facilities, the City may also, from time to time, also designate Underground Compliance Areas. Currently designated Underground Compliance Areas are all zoning districts to the extent that any type of facilities, equipment or utilities are required to be installed underground and all other areas or instances in which any type of facilities, equipment or utilities are required to be installed underground. E. Exceptions The City by its discretionary consent and agreement may grant an exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110. F. Order of Preference regarding Network Node attachment to existing facilities and New Node Support Poles. 1. Existing telephone or electrical lines between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. 2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. Electric poles are preferred to telephone poles. 3. Municipal Service Poles: a. Non -decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Chapter 284, Sec. 284.056 and Sec. 284.101 (a) (3), and (b). c. Street signage shall be a low priority use for attachment of a Network Node and subject to the same requirements as subsection 3.b., above. d. Other municipal service pole use is discouraged. 4. New node support poles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground equipment should be minimal and the least intrusive. SECTION 4. GUIDELINES ON PLACEMENT. A. Generally. In accordance with Chapter 284.102, a Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of- way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with the City's publicly disclosed public right-of-way management provisions or this Design Manual. 5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). B. General Requirements and Information: 1. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not limited to: Chapter 284, Sec. 284.002(2) (size of a Micro Network Node); Sec. 284.003 (Size of Network Nodes); and Sec. 284.103 (Max. pole height), with each application and with each request for a permit for each location.3 2. State and Federal Rights -of -way permit. If the project lies within a Highway Right -of -Way, the applicant must provide evidence of a permit from the State or Federal Government. 3. Confirmation of non-interference with City Safety Communication Networks and Supervisory Control and Data Acquisition (SCADA) systems. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety radio system, SCADA systems, traffic signal light system, or other city safety communications components in accordance with Chapter 284, Sec. 284.304. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider's proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on or within 300 linear feet of the City's public safety radio infrastructure. 4. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: a. Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right -of -Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right -of -Way non -compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. b. Notice to Remove unauthorized facilities and relocate and penalty: Facilities which do not comply with this Design Manual are designated as nuisances by the City. After 30 days' notice to remove of Network Node 10 facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty of $2,000 per day penalty (per nonconforming item of equipment) until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider's contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City public right-of-way management ordinance, telecommunications ordinance, and other applicable ordnances concerning improperly located facilities in the rights -of -way. c. Time to Put in Service. Applicants are required to provide the City with certification that the proposed network node will be placed into active commercial service by or for a network provider not later than the 60th day after the date the construction and final testing of the network node is completed. 5. Spectrum Act. If an applicant believes its application is subject to Section 6409 of the Spectrum Act (47 U.S.C. § 1455 and related federal regulations), it must notify the City in writing at the time of the application and supply documentation sufficient to establish that the request meets the requirements of those regulations. B. Underground Requirement Areas. 1. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 2. If a location is designated by the City to be an Underground Requirement Area, then a Network Provider's permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. C. Network Node facilities placement: 1. Right -of -Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right -of -Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. 2. Height above ground. Network Node attachments to all new and existing poles shall be installed at least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 11 3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Limit on number of Network Nodes per Site. There shall be no more than one Network Node on any one Pole. A New Node Support Poles. 1. New Pole Spacing. New poles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. 2. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter 284, Sec. 284.103 a Node Support Pole or new, modified, or replacement Utility Pole installed in a public right-of-way may not exceed the lesser of: (1) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2) 55 feet above ground level. E. Ground Equipment. 1. Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. 2. Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right -of -Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the City Manager in writing. 3. Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City's designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 20 sq. ft. or more. F. Municipal Service Poles: 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with an agreement as allowed by Chapter 284, Sec. 284.056 and Sec. 284.101(a)(3), and Sec. 284.101(b). 12 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed (and signed and sealed by an engineer licensed in the State of Texas) and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. 3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet above grade, in accordance with Chapter 284, Sec. 284.108 (a) (1) - (2) and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity or operation of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 284.056 and Sec. 284.101(a)(3), and Sec. 281.101(b). Installation of Network Node facilities on any traffic signal structures shall: i. Be encased in a separate conduit than the traffic light electronics; ii. Have a separate electric power connection than the traffic signal structure; iii. Have a separate access point than the traffic signal structure; and iv. Not impede, obstruct, or interfere with public safety traffic signal preemption equipment. 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: i. Be encased in a separate conduit than any City signage electronics; ii. Have a separate electric power connection than the signage structure; iii. Have a separate access point than the signage structure. 6. The agreement for collocation on City service poles shall require the owner of the network node to pay a fee of $20 per year per service pole. SECTION 5. GENERAL AESTHETIC REQUIREMENTS A. Concealment. 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105. 2. It is also the City's preference that all new node support poles be camouflaged, except those located in an area zoned or predominantly industrial area. Companies shall submit their proposal for camouflage with the permit application. 13 3. The Network Node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible in strict accordance with the City's rights -of -way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing. New node support poles shall be at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Minimize Ground Equipment Concentration. In order to minimize negative visual impact to the surrounding area, and in accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City's designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 20 sq. ft. or more to minimize effect on property values and aesthetics on the area. D. Allowed Colors. Colors in Historic Districts and Design Districts must be in strict accordance with this manual, the City's public rights -of -way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Colors in Historic Districts and Design Districts must be approved by the City Manager or his/her designee from a palette of approved colors. Unless otherwise provided, all colors shall be black or grey or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas. SECTION 6. ELECTRICAL SUPPLY A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install electrical generators (or back-up generators) in the Right -of -Way in accordance with Chapter 284, Sec. 284.002(12)(B)(1). 14 SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 1. Insurance, bonding and security deposits shall be in strict accordance with the City's public rights -of -way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code. SECTION 8. REQUIREMENTS FOR REMOVAL, REPLACEMENT, RELOCATION, MAINTENANCE AND REPAIR A. REMOVAL OR RELOCATION BY NETWORK PROVIDER. 1. Removal and relocation by the Network provider of its Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. 2. If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to removal or relocation unless otherwise specified in an agreement with the City. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. Prior Permits, existing Network Node facilities, or existing Node Support Poles do not entitle the Network Provider to relocate to a different location or materially modify a prior installation. 3. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT. 1. Removal and Relocation of Network Provider's Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof required for a City project shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284, Sec. 284.107, except as provided in existing state and federal law. 2. In accordance with Chapter 284, Sec. 284.303, except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the City. 3. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right -of -Way for City construction projects as allowed by state and federal law, including the common-law. 15 4. Network Provider shall, at the City Manager's direction, remove or relocate the same at Network Provider's sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street or public right-of-way to enhance the traveling public's use for travel and transportation. 5. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider's receipt of the request, then the City shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider's sole cost and expense, without further notice to Network Provider. 6. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER REASONS. 1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law in strict accordance with the City's rights -of -way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider's sole cost and expense in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. 3. The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 4. Network Provider shall reimburse City for the City's actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. 16 SECTION 9. INSTALLATION AND INSPECTIONS A. INSTALLATION. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time. Network Provider's work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States ("Laws"). B. INSPECTIONS. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right -of - Way shall be allowed in strict accordance with the City's rights -of -way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right -of - Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the City Manager shall provide written notice to the Network Provider within 5 business days of the planned inspection. Network Provider may have a representative present during such inspection involving physical contact. SECTION 10. REQUIREMENTS FOR ABANDONED OR OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. All abandoned or obsolete materials covered under this Design Manual (including but not limited to Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment) shall be removed in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider, at its sole expense, shall obtain any necessary permits and remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public 17 health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right -of -Way, the Network Provider shall notify the City Manager and City Manager in writing of such removal or Abandonment and shall file with the City Manager and City Manager the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment removed or Abandoned. The City Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right -of -Way. SECTION 11. GENERAL PROVISIONS. 1. As Built Maps and Records. Network Provider's "as -built" maps and records shall be maintained and submitted in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are actually constructed in the Rights -of -Way, including, upon request, the use of Auto CAD/GIS digital format. Network Provider will provide additional maps to the City upon request. 2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network provider's personnel, and contractors shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall make citizen satisfaction a priority in using the Right -of -Way. Network Provider shall train its employees to be customer service -oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support Pole and related ground equipment in the Right -of -Way. Network Provider's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager or designee, Network Provider is not interacting in a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial steps to conform to these standards. 3. DRUG POLICY. Drug policy of Network provider's personnel, and contractors in the rights -of -way shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. It is the policy of the City to achieve a drug -free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider's employees, contractors, subcontractors, sub -Network Provider's, or vendors while on City rights -of -way is prohibited. 4. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. The City has appropriated $0 to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article, and no other funds are allocated. 5.OWNERSHIP. Ownership of Network Node and related equipment shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Ownership of any materials in the right of way shall not be transferred to any other IN entity unless the City is provided with 30 days advanced written notice and suitable proof that the prospective new owner has been supplied with a copy of this Design Manual and any applicable agreements with the City, and further than said prospective new owner will maintain full compliance with the indemnification, insurance, deposit, and bonding requirements of Section 7 and applicable law without any interruption in coverage. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right -of -Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the Right -of -Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right -of -Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager prior to any work in the Right -of - Way. 6. Tree Maintenance. Tree maintenance shall be in strict accordance with the City's natural resources and tree protection ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider, its contractors, and agents shall obtain written permission from the City before trimming trees hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City, Network Provider shall trim under the supervision and direction of the Director of Public Works. The City shall not be liable for any damages, injuries, or claims arising from Network Provider's actions under this section. 7. Signage. Signage shall be in strict accordance with the City's sign ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is visible to the public. Signage required under this section shall not exceed 4 inches x 6 inches, unless otherwise required by law (e.g. RE ground notification signs) or the City. Except as required by Laws or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service pole or Utility Pole. 8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 9. Restoration. Network Provider shall restore and repair of the rights -of -way from any damage to the Right -of -Way, or any facilities located within the Right -of -Way, and the property of any third party resulting from Network Provider's removal or relocation activities (or any other of 19 Network Provider's activities hereunder) in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall repair any damage to the Right -of -Way, or any facilities located within the Right -of -Way, and the property of any third party resulting from Network Provider's removal or relocation activities (or any other of Network Provider's activities hereunder) within 10 calendar days following the date of such removal or relocation, at Network Provider's sole cost and expense, including restoration of the Right -of -Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. 10. Network provider's responsibility. Network Provider shall be responsible and liable for the acts and omissions of Network Provider's employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider's acts or omissions in strict accordance with the City's applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall be responsible, and jointly and severally liable, for the acts and omissions of Network Provider's employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider's acts or omissions. SECTION 12. FEES Network Providers shall pay application fees and right-of-way usage fees in accordance with the City's fee schedule and/or Local Gov't Code Chapter 284, as amended. SECTION 13-19 RESERVED SECTION 20. DESIGN MANUAL - UPDATES Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the City's Design Manual at the time the Permit for installation or Modification is approved and as amended from time to time. Once this Design Manual has been adopted by the City Council by ordinance or resolution, City staff (in consultation with the City Attorney) may periodically update this Design Manual to comply with changes in City ordinances, or state or federal law, on an as -needed basis without the necessity of City Council approval. 20 1 Sec. 284.301. LOCAL POLICE -POWER -BASED REGULATIONS. (a) Subject to this chapter and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality's boundaries, including with respect to utility poles. (b) A municipality may exercise that authority to impose police -power -based regulations for the management of the public right-of-way that apply to all persons subject to the municipality. (c) A municipality may impose police -power -based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. 2 The definitions as used in Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual. Tex. Loc. Gov't Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter: (1) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) "Applicable codes" means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent not inconsistent with this chapter. (3) "Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. (4) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. (5) "Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (6) "Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. (7) "Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. (8) "Macro tower" means a guyed or self -supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas. (9) "Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. (10) "Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. (11) "Municipal park" means an area that is zoned or otherwise designated by municipal 21 code as a public park for the purpose of recreational activity. (12) "Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery -only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. (13) "Network provider" means: (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. (14) "Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node. (15) "Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. (16) "Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole. (17) "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. (18) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications. (19) "Public right-of-way management ordinance" means an ordinance that complies with Subchapter C. (20) "Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a public right-of-way in the municipality. (21) "Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; 22 (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. (22) "Transport facility" means each transmission path physically within a public right- of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. (23) "Utility pole" means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Section 51.002, Utilities Code. (24) "Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. (25) "Wireless service provider" means a person that provides wireless service to the public. 3 Sec. 284.002. DEFINITIONS (8) "Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a) Except as provided by Section 284.109, a network node to which this chapter applies must conform to the following conditions: (1) each antenna that does not have exposed elements and is attached to an existing structure or pole: (A) must be located inside an enclosure of not more than six cubic feet in volume; (B) may not exceed a height of three feet above the existing structure or pole; and (C) may not protrude from the outer circumference of the existing structure or pole by more than two feet; (2) if an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements: (A) must fit within an imaginary enclosure of not more than six cubic feet; (B) may not exceed a height of three feet above the existing structure or pole; and (C) may not protrude from the outer circumference of the existing structure or pole by more than two feet; (3) the cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: (A) be more than 28 cubic feet in volume; or (B) protrude from the outer circumference of the existing structure or a node support pole by more than two feet; (4) ground -based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches; and (5) pole -mounted enclosures may not be taller than five feet. 23 (b) The following types of associated ancillary equipment are not included in the calculation of equipment volume under Subsection (a): (1) electric meters; (2) concealment elements; (3) telecommunications demarcation boxes; (4) grounding equipment; (5) power transfer switches; (6) cut-off switches; and (7) vertical cable runs for the connection of power and other services. (c) Equipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (d) Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards. 24 Item No. 10. City Council Agenda Staff Report Meeting Date: 8/22/2017 AGENDA ITEM: Consider/Discuss/Action regarding an Ordinance ordering a special election to be held on November 7, 2017. (City Secretary) SUMMARY: A vacancy was created on the City Council by the resignation of Council Member Kenneth Pelham, Place 4, which was effective on August 12, 2017. 1 n accordance with Article 3, Section 3.05(d) of the City Charter, a vacancy on the Council must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs. State law states that a special election to fill a vacancy in office is to be ordered as soon as practicable after the vacancy occurs. The Texas Legislature has certified a number of constitutional amendments to appear on election ballots on November 7, 2017. The attached Ordinance orders a special election to be held on the 7th day of November 2017, 7:00 a.m. to 7:00 p.m., for the purpose of electing one council member for Place 4. The election shall be held as a Special Election administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and a Contract for Election Services with Collin County. Candidate applications for a place on the special election ballot for Council Place 4, and declarations of write-in candidacy, must be filed with the City Secretary no later than 5 p.m. on September 6. 2017. STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance. ATTACHMENTS: Description Proposed Ordinance Exhibit 1 - Contract EX A - Early Voting Locations Upload Date Type 8/15/2017 Ordinance 8/15/2017 Exhibit 8/15/2017 Exhibit EX B Election Day Vote Centers 8/15/2017 Exhibit EX C Cost Estimate 8/15/2017 Exhibit ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2017, FOR THE PURPOSE OF FILLING ONE VACANCY ON THE CITY COUNCIL; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF ELECTION CONTRACTS; PROVIDING NOTICE OF THE CANDIDATE APPLICATION DEADLINE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a vacancy was created on the City Council of the City of Anna ("Council") by the resignation of Council Member Kenneth Pelham, Place 4, which was effective on August 12, 2017; and WHEREAS, in accordance with Article 3, Section 3.05(d) of the Charter of the City of Anna, Texas, a vacancy on the Council must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs; and WHEREAS, in accordance with the general laws and Constitution of the State of Texas and the Charter of the City of Anna, Texas, a special election to fill a vacancy in office is to be ordered as soon as practicable after the vacancy occurs; and WHEREAS, the Texas Legislature has certified a number of constitutional amendments to appear on election ballots on November 7, 2017, and WHEREAS, it is necessary that the Council order a special election to be held on the 7th day of November 2017, 7:00 a.m. to 7:00 p.m., for the purpose of electing one council member for Place 4; and WHEREAS, the election shall be held as a Special Election administered by the Collin County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Anna, and a Contract for Election Services with the County of Collin; and WHEREAS, the City of Anna accepts Collin County Election Administration's use of the direct record and optical scan voting systems, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby ordered to be held by the City of Anna, Texas, on Tuesday, November 7, 2017, for the purpose of electing one council member to fill the vacancy in Place 4. Polling locations for the election will be determined in the Contract for Election Services to be entered into with Collin County. The polling locations shall be open between the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be conducted in accordance with the Contract for Election Services, by and between the City and Collin County, and the Texas Election Code. SECTION 2. ELECTION NOTICE The City Secretary is hereby directed to cause notice of said election to be published at least once, not earlier than the 30th day nor later than the 10th day, before election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be posted on the bulletin board used for posting notices of the City Council meetings not later than the 21 st day before election day. A copy of the published notice that contains the name of the newspaper and the date of publication shall be retained as a record of such notice, and the person posting the notice shall make a record at the time of posting stating the date and place of posting in accordance with Texas Election Code Section 4.005. The City Secretary is also directed to post the election notice on the Internet website of the City of Anna. SECTION 3. EARLY VOTING Early voting by personal appearance by any qualified Collin County resident shall be conducted at the Texas Star Bank, 402 W. White St., Anna, Texas 75409, or at any of the other Collin County Vote Centers established by the Contract for Election Services. Early voting by personal appearance for the November 7, 2017, election will be conducted by the Collin County Elections Administration. The dates and times for early voting by personal appearance are as follows: Polling Place Address City Collin County Election Office (Main Early Voting Location) 2010 Redbud Blvd., #102 McKinney Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 22 Oct 23 8am — 5pm Oct 24 8am — Spm Oct 25 8am — 5pm Oct 26 8am - 5pm Oct 27 8am - 5pm Oct 28 7am - 7pm Oct 29 1pm — 6pm Oct 30 7am — 7pm Oct 31 7am — 7 pm Nov 1 7am — 7pm Nov 2 7am — 7pm Nov 3 7am — 7pm Nov 4 ORD November 2017 Election Order PAGE 2 OF 4 Polling Place Address City Texas Star Bank 402 W. White St. Anna (Temporary Early Voting Location) Sunday Monday Tuesday Wednesday Thursday Friday Saturday Oct 29 Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4 lam — 7pm lam — 7 pm lam — 7pm lam — 7pm lam — 7pm lam — 7pm SECTION 4. ELECTION DAY POLLING PLACE On November 7, 2017, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the other vote centers established by the Contract for Election Services. SECTION 5. EARLY VOTING BY MAIL Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for early voting ballot by mail must be received no later than the close of business on October 27, 2017. SECTION 6. RUNOFF ELECTION If a run-off election becomes necessary, the Collin County Elections Administrator will conduct the run-off election to be held within a 26-day period that is not earlier than the 20th day nor later than the 45th day after the final canvass of the special election is completed. SECTION 7. ELECTRONIC VOTING EQUIPMENT In accordance with Section 123.001 of the Texas Election Code, the Direct Record and Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for the election on November 7, 2017. SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into agreements for said election with Collin County Elections Administration and to execute such election agreements for said election. ORD November 2017 Election Order PAGE 3 OF 4 SECTION 9. ELECTION OFFICIALS Pursuant to the Contract for Election Services, the Collin County Elections Administrator shall serve as Early Voting Clerk for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials furnished by Collin County Elections Administrator. SECTION 10. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Contract for Election Services and the Presiding Judge and Alternate Presiding Judge of the Early Voting Ballot Board shall be the election officials listed in the Contract for Election Services. SECTION 11. CANDIDATE APPLICATIONS Candidate applications for a place on the special election ballot for Council Place 4, and declarations of write-in candidacy, must be filed with the City Secretary no later than 5 p.m. on September 6, 2017. SECTION 12. SAVINGS, SEVERABILITY AND REPEALING CLAUSES Should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. SECTION 13. EFFECTIVE DATE This ordinance shall become effective immediately from and after its passage. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 22nd day of August, 2017. ATTESTED: City Secretary Carrie L. Smith ORD November 2017 Election Order APPROVED: Mayor Mike Crist PAGE 4OF4 November 7, 2017 General & Special Election Contract for Election Services City of Anna November 7, 2017 General & Special Election Table of Contents I......................................................Duties and Services of Contracting Officer II........................................................................Duties and Services of City III....................................................................................Cost of Election IV.................................................................................General Provisions Exhibits Exhibit A....................................................Early Voting Schedule and Locations Exhibit B.................................................................Election Day Vote Centers Exhibit C.............................................................................Cost of Services November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 2 THE STATE OF TEXAS COUNTY OF COLLIN § CITY OF ANNA CONTRACT FOR ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF ANNA, hereinafter referred to as the "City" and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City's November 7, 2017 General & Special Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar) to be held Thursday, November 2, 2017. Notification of the class time and location will be sent to all jurisdictions. November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 3 C. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. C. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and transfer cabinets. 2. Supplies include smart cards, sample ballots, early voting mail ballots, pens, tape, markers, etc. November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 4 C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City's November 7, 2017, General & Special Elections shall be conducted during the time period and at the locations listed in Exhibit "A", attached and incorporated by reference into this contract. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Application for mail ballots erroneously mailed to the City shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 5 polling locations. The Election Day Vote Centers are listed in Exhibit `B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. C. Election night reports will be available to the City at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City as soon as possible after all returns have been tallied. C. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City does not request the lists, the Contracting Officer shall destroy them. November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 6 f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY. The City shall assume the following responsibilities: A. The City shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format as soon as possible but no later than Friday, September 8, 2017. C. The City shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City shall deliver to the Contracting Officer as soon as possible, but no later than 12:00 PM Thursday, September 7, 2017, the official wording for the City's November 7, 2017, Election. b. The City shall approve, the "blue line" ballot format prior to printing. D. The City shall post the publication of election notice by the proper methods with the proper media. E. The City shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 7 F. The City shall pay the Contracting Officer 90% of the City's share of the cost to run the said election prior to Friday, September 29, 2017. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: "Collin County Treasury" with the note "for election services" included with check documentation. G. The City shall pay the City's share of the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit "C." IV. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City's November 7, 2017, General & Special Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City. C. If the City cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the November 7, 2017, General & Special Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a November 7, 2017, General & Special Election. D. The Contracting Officer shall file copies of this contract with the County November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 8 Judge and the County Auditor of Collin County, Texas. E. This contract may be executed in multiple counterparts, each of which will be deemed an original for all purposes. F. The Contracting Officer and the City are authorized to vary the terms of this contract as may be necessary to conform to applicable law or for the proper conduct of the joint election without further action by the governing body of either party. Any such amendment of this contract shall be of no effect unless in writing and signed by all parties hereto. WITNESS BY MY HAND THIS THE DAY OF WITNESS BY MY HAND THIS THE Bruce Sherbet Elections Administrator Collin County, Texas 2017. DAY OF 2017. Attest: Philip Sanders, City Manager Carrie Smith, City Secretary City of Anna City of Anna November 7, 2017 General & Special Election — City of Anna 07/27/17 — Page 9 NOVEMBER 7, 2017 GENERAL AND SPECIAL ELECTIONS Exhibit A: Early Voting Locations, Dates and Hours — Collin County Polling Place Address City Collin County Elections Main Early Voting Location 2010 Redbud Blvd. St 102 McKinney Allen Municipal Courts Facility 301 Century Pkw . Allen Carpenter Park Recreation Center 6701 Coit Road Plano Celina ISD Administration Building 205 S. Colorado Celina Christ United Methodist Church 3101 Coit Road Plano Collin College - Central Park Campus 2200 W. University Drive McKinney Collin College - Preston Ridge Campus 9700 Wade Blvd. Frisco Collin Colle e - Spring Creek Campus 2800 E. Spring Creek Pkw . Plano Collin College — Higher Education Center 3452 Spur 399 McKinney Davis Library 7501 Independence Plano Frisco Senior Center 6670 Moore Street Frisco Gay Library 6861 W. Eldorado McKinney Haggard Library 2501 Coit Road Plano Harrington Library 1501 18th Street Plano Lovejoy ISD Administration Bldg. 259 Country Club Allen Lavon City Hall 120 School Road Lavon McKinney Fire Station #7 861 S. Independence Pkw . McKinney Methodist Richardson Medical Center 2831 E. President George Bush Highway Richardson Murphy Community Center 205 North Murphy Road Murphy Old Settlers Recreation Center 1201 E. Louisiana McKinney Parker City Hall 5700 E. Parker Road Parker Parr Library 6200 Windhaven Pkw . Plano Plano ISD Administration Center 2700 W. 15th Street Plano Princeton City Hall 123 W. Princeton Drive Princeton unicinal Chamher 108 W adwav Prosner Renner-Frankford Library 6400 Frankford Dallas Smith Library 300 Country Club Wylie Sunday Monday Tuesday Wednesday Thursday Oct 22 Oct 23 Early Voting 8am — S m Oct 24 Early Voting 8am — S m Oct 25 Early Voting 8am — S m Oct 26 Early Voting 8am — 5 m Oct 29 Early Voting 1pm — 6pm Oct 30 Early Voting lam — 7pm Oct 31 Early Voting lam — 7pm Nov 1 Early Voting lam — 7pm Nov 2 Early Voting lam — 7pm Temporary Early Voting Locations: Farmersville Ci Hall 205 South Main Farmersville Precinct 3 Oct 22 Oct 23 Oct 24 Oct 25 Oct 26 Oct 27 Oct 28 Early Voting Early Voting Early Voting Early Voting Early Voting 8am — 5 m 8am — 5pm 8am — 5 m 8am — 5 m 8am — 5 m Texas Star Bank 402 W. White Anna Precinct 3 Oct 29 Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4 Early Voting Early Voting Early Voting Early Voting Early Voting lam — 7pm 7am — 7pm 7am — 7 m 7am — 7 m 7am — 7 m Important Note: Eligible Collin County registered voters (with an effective date of registration on or before November 7, 2017) may vote at any of the above early voting locations. Exhibit B Election Day Vote Centers - November 7, 2017 Polling Place Address City Akin Elementary School 1100 Springwood Wylie Aldridge Elementary School 720 Pleasant Valley Richardson Allen Municipal Courts Facility 301 Century Parkway Allen Armstrong Middle School 3805 Timberline Plano Blue Ridge ISD Administration 318 West School Street Blue Ridge Building Bowman Middle School 2501 Jupiter Road Plano Brinker Elementary School 3800 Clark Parkway Plano Carpenter Middle School 3905 Rainier Road Plano Carpenter Park Recreation Center 6701 Coit Road Plano Celina ISD Administration Building 205 S. Colorado Celina Christ the Servant Lutheran Church 821 S. Greenville Ave. Allen Christ United Methodist Church 3101 Coit Road Plano Clark High School - Plano 523 Spring Creek Plano Clark Middle School 4600 Colby Drive Frisco Collin College - Higher Education 3452 Spur 399 McKinney Center Collin College Central Park Campus 2200 University McKinney Collin College Preston Ridge Campus 9700 Wade Blvd. Frisco Collin College Spring Creek Campus 2800 Spring Creek Parkway Plano Collin County Elections Office 2010 Redbud Blvd, Ste. 102 McKinney Davis Library 7501 Independence Parkway Plano Dowell Middle School 301 Ridge Road McKinney Dr. Pepper Star Center at Craig Ranch 6993 Stars Ave. McKinney Eldorado Country Club 2604 Country Club Drive McKinney First Baptist Church - Branch 7011 FM 546 Princeton First Baptist Church Farmersville, 201 Farmersville Pkwy. Farmersville Youth Building Fairview Town Hall 372 Town Place Fairview Ford Middle School 630 Park Place Drive Allen Page 1 of 2 Polling Place Address City Fowler Middle School 3801 McDermott Road Plano Frisco Senior Center 6670 Moore Street Frisco Gay Library 6861 W. Eldorado Parkway McKinney Haggar Elementary School 17820 Campbell Road Dallas Harrington Library 1501 18th Street Plano Heritage High School 14040 Eldorado Pkwy. Frisco Hunt Middle School 4900 Legendary Drive Frisco John Q. Hammons Center - 210 East Stacy Road Allen Courtyard Marriott Lavon City Hall 120 School Road Lavon Lovejoy ISD Administration 259 Country Club Rd. Allen Liberty High School 15250 Rolater Road Frisco Lowry Crossing City Hall 1405 S. Bridgefarmer Road Lowry Crossing Lucas Community Center 665 Country Club Road Lucas McKinney Fire Station #7 861 Independence Pkwy. McKinney McKinney Senior Recreation Center 1400 S. College McKinney Melissa City Hall 3411 Barker Ave. Melissa Mitchell Elementary School 4223 Briargrove Dallas Murphy Community Center 205 N. Murphy Road Murphy Old Settlers Recreation Center 1201 E. Louisiana McKinney Parker City Hall 5700 E. Parker Road Parker Parr Library 6200 Windhaven Pkwy. Plano Plano ISD Administration Center 2700 W. 15th Street Plano Plano Senior Center 401 W. 16th Street Plano Princeton High School 1000 E. Princeton Drive Princeton Prosper ISD Administration 605 E. Seventh Street Prosper Renner-Frankford Library 6400 Frankford Road Dallas Royse City ISD Mike McKinney Maintenance Facility 1420 FM 1777 Royse City Seis Lagos Community Services 222 Seis Lago Trail Wylie Association Shiloh Missionary Baptist Church 920 E. 141h Street Plano Smith Library 300 Country Club Wylie Staley Middle School 6927 Stadium Drive Frisco Stonebridge United Methodist 1800 S. Stonebridge Drive McKinney Church Suncreek United Methodist Church 1517 W. McDermott Drive Allen Terry Pope Administration Office 611 N. FM 1138 Nevada Texas Star Bank 402 W. White Street Anna Weston Community Center 117 Main Street Weston Woodcreek Church 3400 E. Renner Road Richardson ESTIMATED COSTS FOR CITY OF ANNA November 7, 2017 Exhibit "C" SUPPLY COST Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost CITY/COUNTY Sample Ballots $0.0870 each 300 $26.10 Early Voting Mail Ballots $1.20 each 60 $72.00 Precinct Ballots $0.1870 each 25 $4.68 Early voting and election day kits $25.00 each 2 $50.00 Central Counting kit and supplies $50.00 each 1 $50.00 Printer Labels $5.27 each 5 $26.35 County Precinct Maps $12.00 each 2 $24.00 Total Number of Entities Sharing Costs SubTotal Grand Total $126.56 EQUIPMENT RENTAL COST $253.13 2 $126.56 Number of Early Voting Locations 1 Number of Election Day Locations 1 Units Cost CITY/COUNTY Voting Machines R7 $150.00 each 8 $1,200.00 Transfer Cases $5.00 each 2 $10.00 Metal Signs $1.00 each 4 $4.00 Wood Signs $2.00 each 2 $4.00 EV Security Cabinet $200.00 each 1 $200.00 Early Voting Cabinet $50.00 each 1 $50.00 ED Security Cabinet $200.00 each 1 $200.00 Drayage Per Location $167.00 each 2 $334.00 Total Number of Entities Sharing Costs SubTotal Grand Total $1,001.00 $2,002.00 2 $1,001.00 EARLY VOTING Number of Early Voting Locations Workers each location Mailed Ballot Kits $1.00 each Postage for Ballots $0.88 each Assemble EV Location $50.00 each Total Judge Hours $12.00 hour Overtime Judge Hours $18.00 hour Total Alt. Judge & Clerk Hours $10.00 hour Overtime Alt. Judge & Clerk Hours $15.00 hour Pickup & Delivery of Supplies $25.00 each Total Number of Entities Sharing Costs SubTotal Grand Total $1,809.30 ELECTION DAY Number of Election Day Locations Workers each Location Total Judge Hours $12.00 each Total Alt. Judge & Clerk Hours $10.00 each Pickup & Delivery of Supplies $25.00 each Total Number of Entities Sharing Costs SubTotal Grand Total $306.50 ADMINISTRATIVE EXPENSES Number of Early Voting Locations Number of Election Day Locations Manual Recount Deposit $60.00 each Process Pollworker Checks $1.50 each Process Election Judge Notices $1.50 each Total Number of Entities Sharing Costs SubTotal Grand Total $38.25 1 4 Units Cost CITY/COUNTY 60 $60.00 45 $39.60 1 $50.00 40 $480.00 28 $504.00 120 $1, 200.00 84 $1, 260.00 1 $25.00 $3, 618.60 2 $1, 809.30 1 4 Units Cost CITY/COUNTY 14 $168.00 42 $420.00 1 $25.00 $613.00 2 $306.50 1 1 Units Cost CITY/COUNTY 1 $60.00 7 $10.50 4 $6.00 $76.50 2 $38.25 TABULATION Tabulation Network $4,000.00 Programming w/Audio $15,000.00 Election Night Support $1,800.00 Notice of Inspection/Tabulation Test $2,300.00 Total $23,100.00 CENTRALIZED COSTS Early Voting Ballot Board $4,000.00 Cost for Central Count Workers $2,000.00 FICA on Election Workers $15,000.00 IT Election Day Support $3,000.00 Early Voting Personnel in McKinney $8,500.00 Early Voting Equipment $1,300.00 Facility Charges $2,000.00 Warehouse Gas Mileage $1,500.00 County Overtime and Temporaries $35,000.00 FICA for County Employees $3,000.00 Total $75,300.00 Total for Tabulation & Centralized Costs $98,400.00 Proportionate Sharing based on Registered Voters: 539,194 City of Anna - 6,255 1.16% of Total=$1,141.44 SUMMARY OF COSTS FOR CITY OF ANNA SUPPLY COST EQUIPMENT RENTAL COST EARLY VOTING ELECTION DAY ADMINISTRATIVE EXPENSES TABULATION/CENTRALIZED COSTS Total 10% Administrative Fee Grand Total $126.56 $1,001.00 $1,809.30 $306.50 $38.25 $1,141.44 $4,423.05 $442.31 $4,865.36 90% Deposit Due by 9/29/17 $4,378.82