HomeMy WebLinkAbout2017-12-12 Work Session & Regular Meeting PacketAGENDA
THE CITY OF mannaCity Council Work Session
Tuesday, December 12, 2017 @ 6:30 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Work Session at 6:30 PM, on
December 12, 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. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071)
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for parks and municipal facilities.
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Secretary annual review.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
3. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at
or before 5:00 p.m. on 8th day of December, 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.
AGENDA
THE CITY OF
INInna Regular City Council Meeting
Tuesday, December 12, 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
December 12, 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.
a. Recognize Citizen's Academy Graduate from the 2017 Class. (Mayor)
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making
such request prior to a motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes for November 28, 2017. (City
Secretary)
b. Review minutes of the November 6th, 2017 Planning and Zoning Commission
Meeting. (Maurice Schwanke)
c. Resolution approving the Burgess development plat. (Maurice Schwanke)
d. Resolution approving the Liza Acres development plat. (Maurice Schwanke)
6. Consider/Discuss/Act on a Resolution to Commit Fund Balance for FY 2016-2017
(Dana Thornhill)
7. Consider/Discuss/Act on an Ordinance amending the FY 2018 annual budget
(Dana Thornhill)
8. Consider/Discuss/Act on an Ordinance establishing a school zone for Harlow
Elementary. (Joseph Johnson)
9. Conduct a public hearing and take action on an Ordinance approving a Franchise
Agreement with Atmos Energy Corporation. (City Attorney)
10. Consider/Discuss/Act on a Resolution authorizing execution of an Interlocal
Agreement with Collin County for reimbursement to the City for engineering costs
incurred to review proposed radio equipment installation plans. (Joseph Johnson)
11. Consider/Discuss/Act on a Resolution authorizing a Resolution amending an
existing project and economic development agreement with Q Seminole Anna
Town Center L.P., the Anna Community Development Corporation, the Anna
Economic Development Corporation, and the City of Anna. (Jessica Perkins)
12. Consider/Discuss/Act on a Resolution authorizing Council Members to attend
the TML-TAMCC Elected Officials' Conference. (City Council)
13. Consider/Discuss/Action on agreement for interim city management service.(City
Council)
14. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071)
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for parks and municipal facilities.
c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Secretary annual review; position of City Manager.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
15. 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).
16. 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 8th day of December 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.
i
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
VOUR} HOMETOWN
AGENDA ITEM:
Approve City Council Meeting Minutes for November 28, 2017. (City Secretary)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Proposed Minutes
Proposed Minutes
Upload Date
Type
12/8/2017
Exhibit
12/8/2017
Exhibit
ANNA CITY COUNCI L
MINUTES
WORK SESSION
November 28, 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 Pike called the meeting to order at 6:30 p.m.
Council Member Beazley was absent.
2. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071); discuss Throckmorton Creek Trunk Sewer Project;
property at wastewater treatment plant.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for parks and municipal facilities;
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Secretary annual review; evaluation of Police Chief and Fire Chief.
Police Chief Jenks requested his evaluation be done in the public.
Mayor Pike opened the public hearing at 6:32 p.m.
Mayor Pike provided Council with copies of complaints he had received from
former police department employees.
Council discussion ensued.
Tracey Foster, Police Officer spoke in support of Chief Jenks and the police
department.
Jeff Caponera, Police Lieutenant spoke in support of Chief Jenks and the police
department.
Mayor Pike closed the public hearing at 7:27 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.
I 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.
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:28 p.m.
Approved on the 12th day of December 2017.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
ANNA CITY COUNCI L
MINUTES
REGULAR SESSION
November 28, 2017
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:33 p.m.
Council Member Beazley was absent.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and pledge.
Mayor Pike moved to Item 12 on the agenda.
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.
Mayor Pike stated a public hearing had been held on the Police Chief's evaluation
and that hearing is closed and no comments will be accepted on personnel issues.
Marietta Schell, 2115 Taylor Blvd. She spoke in opposition to the Foster Crossing
waterline location.
Donny Gamblin, Black Rock Construction requested Council reconsider the bid his
company submitted on the Foster Crossing waterline project.
Jim Luscombe, 1303 W. Foster Crossing provided Council with a hand out and
gave an overview. (See Exhibit 3)
Jimmy Morgan, 1218 Shalom Lane encouraged Council to hold all developers
accountable.
William Morgan, 2029 Helmoken asked Mr. Sanders if the Oak Hollow wall would
be painted or not. He asked about warrants for traffic lights at US 75 and FM 455
due to the heavy traffic. He opposed the Foster Crossing waterline project. Mr.
Sanders noted TXDoT has committed to painting the sound wall TXDoT beige.
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 City Council Meeting Minutes.
b. Resolution approving a Special Event Permit and an Agreement with the
Greater Anna Chamber of Commerce for the annual Christmas Parade.
(Maurice Schwanke)
The Greater Anna Chamber of Commerce annual Christmas Parade event will be
held on Saturday, December 9th, 2017. Preparation will start at approximately 9:00
a.m. with the actual parade starting at 12:00 noon. The parade will start at the Anna
ISD Middle school site and proceed south along Powell Parkway to 4th Street;
then east on 4th Street to Sherley Street; then south Sherley Street to the Anna
ISD Administration Building. TxDOT has approved the City's application to close
Powell Parkway and 4th Street (FM 2862) for the duration of the event.
On November 20th, the Parks Advisory Board reviewed and recommended
approval of this Special Event Permit.
MOTION: Council Member Burr moved to approve the consent agenda. Council
Member Miller seconded. Motion carried 6-0.
6. Consider/Discuss/Act on a Resolution approving a final plat of Pecan
Grove, Phase 2. (Maurice Schwanke)
Pecan Grove Phase I I Ltd. submitted an application for approval of a final plat of
the Pecan Grove Phase 2 subdivision. The Pecan Grove Phase 2 final plat
contains 38.324 acres located in the James Slater Survey, Abstract No. 868 and
the R.C, Ingraham Survey, Abstract No. 464. The final plat includes 152 residential
lots and is in conformance with the existing zoning and the preliminary plat
approved on July 12, 2016.
Skorburg Representative John Arnold discussed the plans to construct amenities
in the development.
Jim Luscombe, 1303 W. Foster Crossing spoke for the Thornhill's and asked Staff
to contact them regarding the roadway in front of their home.
Kevin Toten, 2800 Pecan Grove spoke about the lack of amenities in the
subdivision for it's residents.
MOTION: Council Member Martinez moved to approve. Council Member Burr
seconded. Motion failed 3-3. Pike, Miller and Bryan opposed.
Planning Director Maurice Schwanke confirmed the plat is in compliance with the
preliminary plat and all city ordinances.
City Attorney McCoy requested Council enter closed session for legal advice.
MOTION: Mayor Pike moved to enter closed session. Council Member Bryan
seconded. Motion carried 6-0.
Mayor Pike recessed into closed session at 9:47 p.m.
Mayor Pike reconvened the open meeting at 10:05 p.m.
Council has a duty to approve the plat if it complies with city ordinances.
MOTION: Council Member Martinez moved to approve. Council Member Bryan
seconded. Motion carried 6-0.
7. Consider/Discuss/Act on a Resolution approving a Roadway Impact Fee
Credit Agreement for Pecan Grove Estates, Phases 2-4. (Maurice
Schwanke)
Pecan Grove Estates Phases 2-4 is a residential development located on the north
side of Foster Crossing Road. As part of the development, the owner is
constructing the northern half of Foster Crossing adjacent to the property. The
portion of Foster Crossing that will be constructed by the developer is on the City's
impact fee capital improvement plan and is eligible for impact fee credits. The
Impact Fee Credit Agreement defines the obligations of the developer with respect
to the construction of Foster Crossing Road, and the obligations of the City with
respect to granting impact fee credits.
The roadway impact fee credits authorized by this Agreement will not exceed the
total roadway impact fees that would otherwise be due from the development of the
property.
Jim Luscombe, 1303 W. Foster Crossing requested the Council hold off on letting
the agreement at this time.
MOTION: Council Member Martinez moved to approve. Council Member Miller
seconded. Motion carried 6-0.
8. Consider/Discuss/Act on a Resolution awarding a bid for the Foster
Crossing Water Line Project. (Joseph Johnson)
The City Council previously granted authorization to bid the Foster Crossing Water
Line Project. The project includes approximately 6,700 linear feet of 12" water line
to be installed along Foster Crossing generally between SH 5 and Pecan Grove.
The project is identified as a necessary project in the City's 10-year Capital
Improvement Plan, will complete a critical water loop in our distribution system, and
allows for activation of the Collin Pump Station.
On October 12, 2017 at 3:00 PM, sealed bids were publicly opened and read for
the Foster Crossing Water Line Project. Six bids were received.
MOTION: Council Member Burr moved to reject all bids. Council Member
Martinez seconded. Motion carried 6-0.
9. Briefing/Discussion regarding a potential partnership with NCTCOG to
fund construction of Ferguson Parkway. (City Manager)
One of the priority roadway projects identified in our current Strategic Plan is the
construction of Ferguson Parkway from Taylor Blvd. south to the Collin County
Outer Loop. Staff briefed the City Council on a potential partnership with the North
Central Texas Council of Governments to provide partial funding for construction of
this roadway project.
Jim Luscombe, 1303 W. Foster Crossing requested Council to work with residents
before finalizing the alignment of the roadway.
Marietta Schell, 2115 Taylor Blvd requested Council to consider other options.
She would also like the City to change the development standards and have citizen
input.
10. Briefing/Discussion regarding purchase of non -lethal electrical devices for
the Police department. (Chief Jenks)
The Police Department has been exploring additional enhancements to their
personal protection equipment that they carry on duty, including a form of less than
lethal electrical device commonly referred to as Tasers. Taser is a common brand
of electrical device manufactured by AXON.
The FY 2018 budget includes funding to hire supervisors to cover every shift. With
the additional personnel available to supervise officers in the field, the department
would like to purchase and get all officers certified in the use of electrical devices.
Two officers are now certified by Axon / Taser as instructors and they have had a
device on -loan for testing before deciding on which model to pursue.
Axon has a financial mechanism called "Taser 60" that will allow the city to pay for
the devices in 4 payments, no interest, with a maintenance plan included. Ten
devices can be purchased under the plan and payments 1 and 2 are paid up front in
the amount of $5,873.30, with the balance being paid in equal installments of
$3,628.70 for the next three fiscal years.
Our intention is to eventually fund the initial payment for these devices ($5,873)
using the Department's State Forfeiture Fund. The department would purchase
the Tasers now using funds available in their duty gear account and then present at
a future Council Meeting a budget amendment that would authorize the expense to
the State Forfeiture Fund.
11. Discuss December City Council meeting dates. (City Manager)
In order to avoid potential scheduling conflicts, the City has typically elected not to
place items on the agenda for the 2nd City Council meeting in December
scheduled on the 4th Tuesday. The 4th Tuesday in December is December 26
which is the day after Christmas. If no items are placed on the agenda, it will not be
necessary for the Council to meet on December 26.
12. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071); discuss Throckmorton Creek Trunk Sewer Project;
property at wastewater treatment plant.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land
for parks and municipal facilities.
c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Secretary annual review; evaluation of Police Chief and Fire Chief.
Council Member Martinez moved to recess into closed session.
Mayor Pike recessed the open meeting at 7:36 p.m.
Mayor Pike reconvened the open meeting at 9:08 p.m.
13. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
14. Adjourn.
Mayor Pike adjourned the meeting at 10:39 p.m.
Approved on the 12th day of December 2017.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
Y{OUW HOMETOWN
AGENDA ITEM:
Review minutes of the November 6th, 2017 Planning and Zoning Commission Meeting.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
11/6/17 Minutes 12/1/2017 Exhibit
Minutes
PLANNING AND ZONING COMMISSION
November 6th, 2017 @ 7:00 pm
VOVX HOMETOWN
The Planning and Zoning Commission of the City of Anna will hold a meeting on November 6th, 2017 at
7:00 p.m., at the Anna City Hall Administration Building located at 111 North Powell Parkway, to
consider the following items.
1. Call to Order and Establishment of Quorum
The meeting was called to order at 7:00 p.m. Members present were Janine Johnson, Sandy
Setliff, Wayne Barton, Don Callaham, and Carol Watts. Commissioners Donald Henke and
Christian Landers were absent. Staff present was Maurice Schwanke and Tana Ross.
2. Invocation and Pledge of Allegiance.
3. Consider/Discuss/Act on recommendation regarding "West Crossing Phases 9 & 11" preliminary
plat.
Mr. Schwanke gave a presentation. The preliminary plat is located with the Henry Brantly
Survey, Abstract No. 559 and generally known as West Crossing Phases 9 & 11. The tract
contains approximately 39.65 acres of land. The preliminary plat contains 195 residential lots.
The preliminary plat layout is in conformance with the existing zoning. The staff is
recommending approval of the preliminary plat.
A motion was made by Commissioner Barton, seconded by Commissioner Callaham to
recommend approval of the "West Crossing Phases 9 & 11" preliminary plat. The vote was
unanimous.
5. Consider/Discuss/Act on recommendation regarding "Pecan Groves Phase 2" Final Plat.
Mr. Schwanke gave a presentation. The Pecan Groves Phase 2 final plat contains 38.426 acres
located in the James Slater Survey, Abstract No. 868 and the R.C. Ingraham Survey, Abstract No.
464. The final plat contains 81 residential lots. The plat layout is in conformance with the
existing zoning. The staff is recommending approval of the final plat.
A motion was made by Commissioner Callaham, seconded by Commissioner Setliff to
recommend approval of the "Pecan Groves Phase 2" final plat. The vote was unanimous.
6. Consider/Discuss/Act on recommendation regarding "Anna Crossing Phase 2" final plat.
Mr. Schwanke gave a presentation and answered questions from the Commissioners. The Anna
Crossing Phase 2 final plat contains 39.799 acres and is located in the Granderson Stark Survey,
Abstract No. 798. Within this project, 136 residential lots are proposed. The plat layout is in
conformance with the existing zoning. The staff is recommending approval of the final plat.
A motion was made by Commissioner Setliff, seconded by Commissioner Johnson to
recommend approval of the "Anna Crossing Phase 2" final plat. The vote was unanimous.
PZ Minutes 11-06-17.doc Page 1 of 2
7. Consider action to approve Minutes of the October 2, 2017 Planning and Zoning Meeting.
A motion was made by Commissioner Johnson, seconded by Commissioner Setliff to approve
the Minutes of the October 2, 2017 meeting. The vote was unanimous.
8. Adjourn.
There being no further business, a motion was made by Chairperson Johnson to adjourn the
meeting. Commissioner Watts seconded the motion. The meeting adjourned at 7:11 p.m.
Maurice Schwanke
Director of Planning and Development
Attest:
PZ Minutes 11-06-17.doc Page 2 of 2
I
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
YfOUR? HOMETOWN
AGENDA ITEM:
Resolution approving the Burgess development plat. (Maurice Schwanke)
SUMMARY:
Bob & Kelley Burgess have submitted an application for approval of the Burgess development
plat. This development plat is located within Anna's extraterritorial jurisdiction. The tract is located
in the J.C. Neill Survey, Abstract No. 659 and contains approximately 48.8 acres of land. The
owner is proposing to build a barn and later a small cottage on the property. The submittal meets
the City of Anna development plat requirements and has been recommended for approval
unanimously by the Planning and Zoning Commission on December 4, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution approving the Burgess development plat.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving the Burgess Development Plat 12/6/2017 Resolution
Development Plat Exhibit 1 12/1/2017 Exhibit
Location Map 11 /29/2017 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "BURGESS
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, Bob & Kelley Burgess have submitted an application for approval of the
Burgess 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 Burgess development plat attached hereto as
Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th,
day of December 2017.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
PROPERTY DESCRIPTION
JOAN H. SWALWELL
INST. NO. 20130305000293710 D.R.C.C.T.
LEGEND
R.O.W. ..... RIGHT—OF—WAY
D.R.C.C.T. ..... DEED RECORDS, COLLIN COUNTY, TEXAS
P.R.C.C.T. ..... PLAT RECORDS, COLLIN COUNTY, TEXAS
INST. ..... INSTRUMENT
NO. ..... NUMBER
(CM) ..... CONTROLLING MONUMENT
FD. ..... FOUND
I.R. ..... IRON ROD
I.P. ..... IRON PIPE
B/W ..... BARBED WIRE
BLDG. ..... BUILDING
WM ..... WATER METER
WV ..... WATER VALVE
GW ..... GUY WIRE
O/H ..... OVERHEAD
SP ..... SEPTIC TANK
LF ..... LEACH FIELD
PP ..... POWER POLE
CONC. ..... CONCRETE .....
ASPHALT ..... ii l u
0 100 200 300
GRAPHIC SCALE- I" = 100'
SURVEYOR'S STATEMENT:
I, SCOTT DAVIS, a Registered Professional Land Surveyor, licensed by the State of
Texas, affirm that this plat was prepared under my direct supervision, from recorded
documentation, evidence collected on the ground during field operations and other
reliable documentation; and that this plat substantially complies with the City of
Anna Development Code.
SCOTT DAVIS
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5111
STATE OF TEXAS:
COUNTY OF DALLAS:
BEFORE ME, the undersigned, a Notary Public in and for said State, on this day
personally appeared Scott Davis, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and considerations therein expressed.
GIVEN under my hand and seal of office, this the __ day of _-------- 2017.
0 13.3' CA
Ki "' 13.6'
38.0' r6 3.0'1n .
6
0 > STORY BR/CK 8LOG.
M NO. »758 C.R. NO. 509
0
0 15.3'
�i 35.8'
0 6" CONCRETE PORCH
22.1'
0
7.0'
o GONG
in
4' CONCRETE WALK
Notary Public in and for the State of Texas.
General Survey Notes:
BEING all of that certain lot, tract or parcel of land situated in the J. C. NEILL SURVEY, ABSTRACT
NO. 659, Collin County, Texas, and being that same tract of land described in deed to Robert D. and
Kelley A. Burgess, recorded in Volume 4330, Page 1886 of the Deed Records of Collin County, Texas,
,�POrER�;f and being more particularly described as follows:
���J. BEGINNING at the northeast corner of the above mentioned Burgess property, said point being in
SCOTT DAVIS County Road 509 and being S 85`30 55 E, 30.00 from a 1/2 iron rod found for reference;
......................
:A 5111 THENCE S 0'15'52" E, 774.22' along County Road No. 569 to 1/2" iron rod found for corner;
SS
THENCE N 89'48'53" E, 329.55' along County Road No. 509 to 3/8" iron rod found for corner;
THENCE S 1'29'24" W, 168.09' along County Road No. 509 to the southeast corner of said Burgess
property;
THENCE N 88'57'56" W, 924.11' along the south line of said Burgess property to a point for corner;
THENCE N 85'30'55" W, 1,406.03'
along the south line
of said Burgess
property to a point for corner
in the west bank of Sister Grove
Creek and the east
line of Wild Rose
Farms, an addition to Collin
County Texas, recorded in Volume
I, Page 775 of the
Plat Records of
Collin County, Texas;
Thence in a generally northwesterly direction with said west bank of Sister Grove Creek and the east
line of said Wild Rose Farms addition the following:
N 44'03'10" E, 202.75'; N 9'00'57" E, 36.31'; N 48'10'59" W, 113.71 % N 63'09'08" E, 132.25';
N 36'43'04" W, 48.11 % N 2'55'30" W, 161.18'; N 19'21'30" W, 116.29'; N 45`09'50" W, 124.35';
N 66'35'14" W, 130.55'; N 74'09'54" W, 268.73'; N 43'29'22" W, 145.55' to the northwest
corner of the aforementioned Burgess property,
THENCE N 89'34'57" E, 952.68' along the north line of said Burgess property to a point for corner;
THENCE S 85'30'55" E, 1,755.09', continuing along the north line of said Burgess property, to the
acres of land.
1. Said described property is located within an area having a Zone Designations A and X by the Federal Emergency
Management Agency (FEMA), on Flood Insurance Rate Map No. 48085C0180J, with a date of identification of 6/2/09,
for Community No. 480130, in Collin County, State of Texas, which is the current Flood Insurance Rate Map for the
community in which said premises is situated.
2. Basis of Bearings is the deed to Robert D. & Kelley A. Burgess, recorded in Volume 4330, Page 1886, D.R.C.C.T.
R VATI ON
FERRI TUPMAN
324 D.R.C.C.T.
0) wT
�0y�
,W
W
T-
DEVEL OPMENT PLA T
R08ERT & /<ELLEY BURGESS
11758 COUNTY ROAD 509
OF 48.8 ACRES SITUATED IN THE J. C. NEILL
SURVEY, ABSTRACT NO. 659, CITY ANNA ETJ,
COLLIN COUNTY, TEXAS.
REV. 11 /30/17
FIRM REG. NO. 10009600
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
AGENDA ITEM:
Resolution approving the Liza Acres development plat. (Maurice Schwanke)
SUMMARY:
Donald Springman has submitted an application for approval of the Liza Acres development plat.
The development plat for your review is located within Anna's extra -territorial jurisdiction. The tract
is located in the Joe Slater Survey, Abstract No. 868 and contains approximately 11.474 acres of
land. The owner is proposing to build a small office space as well as buildings to accommodate
large animals and equipment. This development plat is adjacent to the City of Anna's wastewater
treatment facility. The submittal meets the City of Anna development plat requirements and has
been recommended for approval unanimously by the Planning and Zoning Commission on
December 4, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution approving the Liza Acres development plat.
ATTACHMENTS:
Description
Resolution Approving the Liza Development Plat
Development Plat Exhibit 1
Location Map
Upload Date
Type
12/6/2017
Resolution
11 /30/2017
Exhibit
11 /29/2017
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "LIZA ACRES
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, Donald Springman has submitted an application for approval of the Liza
Acres 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 Liza Acres development plat attached hereto as
Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th,
day of December 2017.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
13
CALLED 48.00 ACRES
PAULA POWELL
VOLUME 4162, PAGE 2694
L. R. C. C. T.
NOTES:
1. The original copy will have original signatures, stamp
seal and on impression seal.
2. Copyright 2017, Surdukon 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 basis of bearings, is the south line of this tract
with a called bearing of S 89'52'12" W as recorded in
the Deed to Donald Springman as recorded in County
Clerks No. 20080403000399120 L.R.C.C.T.
FLOOD NOTE
This property falls in Zone X according to the Flood
Insurance Rate Maps, Panel No. 48085CO155J Map Revision
June 2, 2009, as published by the Federal Emergence
Management Agency.
D. R. YOUNG, ET UX
VOL. 2010, PG. 83,
D. R. C. C. T.
C. FOSTER
VOL. 5470, PG. 1674,
D. R. C. C. T.
SURVEYOR'S CERWMWE
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 OF
Professional Land Surveyors' Minimum Standards of Practice, as �.• •S...
•
adopted by the Board effective September 1, 2016. The propertyF,G�f;p �9�
is subject to all easements of record.
.....i...............................1.....
DAVID J. SURDUKAN
.....................................
4613
David J. --tour R.P.L.S. No. 4613 9�0 SU ..* <1
M
0
NORTH
SCALE 1 "= 60'
0 30 60
LEGEND
C.M. = CONTROLLING MONUMENT
4,E
CIRS = CAPPED 112" IRON ROD SET STAMPED (4613)
IRF = IRON ROD FOUND
LEGAL DESCRIPTION
BEING a tract of land situated in the Joe Slater
Survey, Abstract No. 868, Collin
County, Texas
and being
part of the 11.747 acre tract conveyed to
Donald Springman
as recorded in County Clerks No.
20080403000399120,
Land
Records of Collin County, Texas,
and being
more particularly
described by metes and bounds
as follows:
BEGINNING at a 318" iron
rod found
for corner at the
southwest corner of said 11.747
acre tract;
THENCE N 02°58'45" W a
distance of
484.42' to a
318" iron rod found for corner,
THENCE S 81 °41 '07" E a
distance of
225.20' to a
318" iron rod found for corner,
THENCE N 43'24'15" E a
distance of
205.81 ' to a
steel fence post for corner,
THENCE N 28°03'08" E a
distance of
132.75' to a
point for corner,
THENCE S 59*12'17" E a
distance of
599.31 ' to a
318" iron rod found for corner,
THENCE S 00'05'09" E a
distance of
408.97' to a
318" iron rod found for corner,
THENCE S 89°52'12" W a
distance of
916.93' to the
POINT OF BEGINNING and containing 503,390 Square Feet or
11.556 Acres of land.
LOCATION MAP
DEVELOPENT PLAT
LIZA ACRES ESTATES
JOE SLATER SURVEY
ABSTRACT NO. 868
COLLIN COUNTY, TEXAS
OWNER
DONALD SPRINGMAN
1404 RABBIT RUN ROAD
ANNA, TEXAS 75409
SURVEYOR
SURDUKAN SURVEYING, INC.
P.O. BOX 126
ANNA, TEXAS 75409
(972) 924-8200
FIRM NO. 10069500
SCALE 1 " = 60'
DATE. OCTOBER 23, 2017 JOB No. 2017-135
I
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
YOUR) HOMETOWN
AGENDA ITEM:
Consider/Discuss/Act on a Resolution to Commit Fund Balance for FY 2016-2017 (Dana
Thornhill)
SUMMARY:
On August 8, 2017, ordinance 747-2017 was adopted to amend the FY 2016-2017 budget. This
budget amendment provided for staff to use excess revenues to purchase additional tools and
equipment and to complete additional projects.
Due to time constraints to complete the purchases and projects, staff was not able to complete
each of them prior to the end of the fiscal year. Staff is proposing that a portion of the fund
balance for the General Fund and the Utility Fund for FY 2017 be earmarked and committed for
these items to allow these to be purchased and completed in FY 2018 from committed fund
balance.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution committing the fund balance for FY 2017.
ATTACHMENTS:
Description Upload Date Type
Resolution Committing Fund Balance for FY 2017 12/8/2017 Staff Report
Exhibit A 12/8/2017 Staff Report
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE COMMITMENT
OF FUND BALANCE FROM THE FISCAL YEAR 2016-2017
WHEREAS, this Government Standards Accounting Board (GASB) has issued
Statement No. 54 establishing a hierarchy clarifying the constraints that govern how a
government entity can use amounts reported as fund balance; and
WHEREAS, the Council is the highest level of decision -making authority, and has the
authority to commit existing fund balance classifications and identify the intended uses
of committed fund balance; and
WHEREAS, the committed fund balance classification reflects amounts subject to
internal constraints self-imposed by the Council; and
WHEREAS, once the committed fund balance constraints are imposed, it requires the
constraint to be removed by the Council prior to redirecting the funds for other
purposes; and
WHEREAS, the Council has determined it will commit $560,391 of the fund balance
from the General Fund and $532,200 of the fund balance from the Utility Fund from the
year ending September 30, 2017 for the purposes of completing projects and purchases
of tools and equipment previously approved in the budget amendment ordinance 747-
2017 for FY 2016-2017.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval and Authorization of Commitment of Fund Balance
The Council hereby approves and authorizes the commitment of the fund balance for
projects and purchases approved, but not completed in the subsequent fiscal year as
attached as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th
day of December, 2017.
Res. Fund Balance Commitment PAGE 1 OF 2 12-12-17
APPROVED:
ATTEST:
Nate Pike, Mayor
Carrie Smith, City Secretary
Res. Fund Balance Commitment PAGE 2 OF 2 12-12-17
EXHIBIT A
Fund 10
r - .
�a�s�e�mrsrm:rrsi
,
Admin
Camera system for City buildings
Tools & Equipmen
,155
Replacement of servers/switches per IT
Admin
replacement plan, split with UT Fund
IT Supplies
$
1,500 $
2,950
$ 4,450
Replacement of computers per IT replacement
City Manager
schedule
ITSupplies
2,160 $
3,050
$ 5,210
Replacement of computers per IT replacement
Finance
schedule
IT Supplies
$
2,150 $
1,100
$ 3,250
Replacement of computers per IT replacement
Development
schedule
IT Supplier
$
- ��
6,750
$ 6,750
Fire
Up -fit of F250 and Tahoe
Machinery&Equipment
$
- $
25,000
$ 25,000
Fire
Opticom for traffic light
Mach inery&Equipment
$
!
30,000
$ 30,000
Fire
SCBA upgrade - remainder to be billed
Maint & Repair- Equip
$
10,000 $
948
$ 10,948
POII;
Upgrade for Crimestar
IT Services i
31,900
$ 31,900
Police
1/2 Cost to Up -fit for Tahoes
Vehicle Supplies -Other
$
18,000 $
17,688
$ 35,688
Cost of removal of lightbars 2 Tahoe
and a Crown Vic
int & Repair Vehicles
5,700
14,70
Replacement of computers per IT replacement
Streets
schedule
IT Supplies
$
600
$ 850
$ 1,450
Streets
Skid steer replacement
Machinery&Equipment
$
+ -
$ 65,000
$ 65,000
Streets
Crack sealing operations
Maint & Repair - Streets
$
100,000
$ 4,000
$ 104,000
Streets
Storm Water Master Plan
Contract Services '
45,911
$ 125,000
$ 170,911
Streets
Pecan Grove Erosion
Maint & Repair - Storm Sewer
$
25,000
$ 80,000
$ 105,000
Streets
Roadway Improvement Projects
Capital Improvements Streets
373,236
$ 145,000
$ 518,236
Total Expenditure increase
$ 560,391
Admin
Admin
Water
Water
Water
Water
Water
Water
Water
Sewer
Sewer
Sewer
Sewer
Fund 60
PW admin office generator 1�
Mach inery&Equipment
$
Replacement of computers, servers, and
switches per IT replacement schedule
IT supplies
$
Replacement of computers per IT replacement
schedule _
IT supplies
$
Trailer mounted trash pump
Machinery&Equipment
$
Backhoe replacement'
Mach inery&Equipment
$ JNMI
Bumper Pull Trailer
Mach inery&Equipment
$
Valve program
Other Capital Expenditures
N-
Customer portal
IT services
$
Maint & Repair -Pumps, Wells,
enerator transfer switch -West Crossing
Motors
CMOM Development
Contract Services
$
Wastewater Master Plan Update
Contract Services
$
Lift station Generator Connection and lift
station maintenance
Maint & Repair- Lift Stations
Additonal fine screen
Other Capital Expenditures
$
- $ 25,000 $
1,200 $ 4,900 $
1,400 $
150,000 $
16,050 $
�,050 $
14,000 $
25,000
6,100
850
$
2,250
20,000
$
20,000
125,000
$ -
125,000
5,000
$
5,000
84,000
$ i
84,00J
$
12,500
�12,500
16,00�
$
10,000
$
26,050
5,000
$
20,000 $ 34,000
75,000 $
Sewer
Aeration gate replacement
Other Capital Expenditures
$ $
12,000
$
12,000
-
WWTP office & lab remodel
Maint & Repair- Buildings
1,900 $
20,000
$
21,900
Sewer
Trailer mounted generator
Mach inery&Equipment
$ - $
65,000
$
65,000
ewer camera
Machinery&Equipment
$
10,000
$=
10,000
Sewer
Motor operated splitter box
Mach inery&Equipment
$ $
20,000
$
20,000
Replacement of computers per IT replacement
Utility Billing
schedule
IT supplies
IN$
Total Expenditure increase $
532,200
I
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
YfOUR? HOMETOWN
AGENDA ITEM:
Consider/Discuss/Act on an Ordinance amending the FY 2018 annual budget (Dana Thornhill)
SUMMARY:
On August 8, 2017, an ordinance to amend the FY 2017 budget was passed to allow for staff to
purchase capital items and complete projects with excess revenues.
Due time constraints to complete the purchases and the projects, staff was not able to complete
all purchases or projects prior to the close of the fiscal year. Therefore, staff is proposing the
fund balance for General Fund and Utility Fund for FY 2017 be earmarked and committed for
these items to allow these to be purchased and completed in FY 2018.
In addition, Staff is proposing an ordinance to amend the FY 2017-2018 budget. A detailed
summary of the proposed budget amendment is included in Exhibit A of the attached Ordinance.
The budget amendment includes those items ear marked in FY 2017 that were not purchased or
completed as well as and an amendment to the Federal Seizure budget to fund the purchase of
the tasers previously discussed; and a budget amendment for the Community Development
Corporation (CDC) budget for additional supplies and the completion of the water line for the
business park.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Ordinance amending the FY 2018 budget.
ATTACHMENTS:
Description Upload Date Type
Ordinance Amending Budget 12/8/2017 Ordinance
Exhibit A, Budget Amendment 12/8/2017 Exhibit
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 752-2017 ADOPTING THE BUDGET
FOR THE 2017-2018 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on September 12, 2017, the City Council of the City of Anna, Texas ("City
Council"), after a duly noticed public hearing as required under Texas Local Gov't Code
§102.106, and in accordance with applicable provisions of the City of Anna, Texas
Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and
expenditures for the 2017-2018 fiscal year; and
WHEREAS, the City is authorized to make this budget amendment by majority vote of
the City Council under Section 7.09 of the Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
SECTION 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings of the City Council with respect to the
budget amendments described herein.
SECTION 2. The City Council of the City officially finds, determines, and declares that
the City of Anna 2017-2018 fiscal year budget is hereby amended with respect to its
General Fund (Fund 10), Utility Fund (Fund 60), State Seizure Fund (Fund 24), Fire
Capital Improvement Fund (Fund 74), and Community Development Corporation (Fund
89) as set forth in the original budget adopted under Ordinance No. 752-2017 by
replacing the information regarding said funds with the information relating to said funds
set forth in the attached Exhibit A, incorporated herein for all purposes.
SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is
directed to attach same and its exhibits to the original City of Anna 2017-2018 fiscal
year budget in all places where said budget is filed as of public record or posted for
public inspection.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this ordinance would have been
enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this ordinance is adopted was open to the public and public notice of the time, place,
PAGE 1 OF 2
and subject matter of the public business to be considered at such meeting, including
this ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 12th day of
December, 2017.
ATTESTED:
APPROVED:
City Secretary, Carrie Smith Mayor, Nate Pike
PAGE 2OF2
EXHIBIT A
Fund 10
r - .
�a�s�e�mrsrm:rrsi
,
Admin
Camera system for City buildings
Tools & Equipmen
,155
Replacement of servers/switches per IT
Admin
replacement plan, split with UT Fund
IT Supplies
$
1,500 $
2,950
$ 4,450
Replacement of computers per IT replacement
City Manager
schedule
ITSupplies
2,160 $
3,050
$ 5,210
Replacement of computers per IT replacement
Finance
schedule
IT Supplies
$
2,150 $
1,100
$ 3,250
Replacement of computers per IT replacement
Development
schedule
IT Supplier
$
- ��
6,750
$ 6,750
Fire
Up -fit of F250 and Tahoe
Machinery&Equipment
$
- $
25,000
$ 25,000
Fire
Opticom for traffic light
Mach inery&Equipment
$
!
30,000
$ 30,000
Fire
SCBA upgrade - remainder to be billed
Maint & Repair- Equip
$
10,000 $
948
$ 10,948
POII;
Upgrade for Crimestar
IT Services i
31,900
$ 31,900
Police
1/2 Cost to Up -fit for Tahoes
Vehicle Supplies -Other
$
18,000 $
17,688
$ 35,688
Cost of removal of lightbars 2 Tahoe
and a Crown Vic
int & Repair Vehicles
5,700
14,70
Replacement of computers per IT replacement
Streets
schedule
IT Supplies
$
600
$ 850
$ 1,450
Streets
Skid steer replacement
Machinery&Equipment
$
+ -
$ 65,000
$ 65,000
Streets
Crack sealing operations
Maint & Repair - Streets
$
100,000
$ 4,000
$ 104,000
Streets
Storm Water Master Plan
Contract Services '
45,911
$ 125,000
$ 170,911
Streets
Pecan Grove Erosion
Maint & Repair - Storm Sewer
$
25,000
$ 80,000
$ 105,000
Streets
Roadway Improvement Projects
Capital Improvements Streets
373,236
$ 145,000
$ 518,236
Total Expenditure increase
$ 560,391
Admin
Admin
Water
Water
Water
Water
Water
Water
Water
Sewer
Sewer
Sewer
Sewer
Fund 60
PW admin office generator 1�
Mach inery&Equipment
$
Replacement of computers, servers, and
switches per IT replacement schedule
IT supplies
$
Replacement of computers per IT replacement
schedule _
IT supplies
$
Trailer mounted trash pump
Machinery&Equipment
$
Backhoe replacement'
Mach inery&Equipment
$ JNMI
Bumper Pull Trailer
Mach inery&Equipment
$
Valve program
Other Capital Expenditures
N-
Customer portal
IT services
$
Maint & Repair -Pumps, Wells,
enerator transfer switch -West Crossing
Motors
CMOM Development
Contract Services
$
Wastewater Master Plan Update
Contract Services
$
Lift station Generator Connection and lift
station maintenance
Maint & Repair- Lift Stations
Additonal fine screen
Other Capital Expenditures
$
- $ 25,000 $
1,200 $ 4,900 $
1,400 $
150,000 $
16,050 $
�,050 $
14,000 $
25,000
6,100
850
$
2,250
20,000
$
20,000
125,000
$ -
125,000
5,000
$
5,000
84,000
$ i
84,00J
$
12,500
�12,500
16,00�
$
10,000
$
26,050
5,000
$
20,000 $ 34,000
75,000 $
Sewer
Aeration gate replacement
Other Capital Expenditures
$ $
12,000
$
12,000
-
WWTP office & lab remodel
Maint & Repair- Buildings
1,900 $
20,000
$
21,900
Sewer
Trailer mounted generator
Mach inery&Equipment
$ - $
65,000
$
65,000
ewer camera
Machinery&Equipment
$
10,000
$=
10,000
Sewer
Motor operated splitter box
Mach inery&Equipment
$ $
20,000
$
20,000
Replacement of computers per IT replacement
Utility Billing
schedule
IT supplies
IN$
Total Expenditure increase $
532,200
Fund 24
State Seizure Tools & Equipment Machinery & Equipment $ 874 $
Total Expenditure Increase
Fire Tru� Rescue Machinery & Equipment
Other Supplies Other Supplies
Water Line at the Business Park Other Capital Imp
Fund 74
Fund 90
Total Expenditure Increase
570969
I
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
Y{OUW HOMETOWN
AGENDA ITEM:
Consider/Discuss/Act on an Ordinance establishing a school zone for Harlow Elementary.
(Joseph Johnson)
SUMMARY:
In January 2018, the Anna ISD will be opening Harlow Elementary, located at 2412 Leonard
Drive near the Anna Crossing subdivision. Earlier this year, City staff directed the City's traffic
engineer to study and recommend proper school zone limits for Harlow Elementary. The area of
the school zone has been established by that study using the Texas Manual on Uniform Traffic
Control Devices (TMUTCD) criteria and the proper traffic control devices will be/have been
properly posted as recommended. The proposed Ordinance will establish a school zone within
the posted area.
STAFF RECOMMENDATION:
Staff recommends approval of the Ordinance establishing a school zone for Harlow Elementary.
ATTACHMENTS:
Description Upload Date Type
Ordinance 12/6/2017 Ordinance
Plan Sheet 12/6/2017 Exhibit
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 59, SECTION 3
RELATED TO SCHOOL SPEED ZONES; PROVIDING FOR A PENALTY;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations governing traffic in the areas of the City's Public Schools; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part II, Article 59, Section 3, of the City of Anna Code of Ordinances ("Anna Code")
by amending the provisions of Section 3 to include, within a school speed zone, the
addition of a newly opening elementary school campus at 2412 Leonard Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendment is made to Part ll, Article 59, Section 3 by repealing in its entirety
subsection (f) of Section 3.05 and replacing it with a new subsection (f) to read as
follows:
3.05 School Zone Speed Limits
(f) Sharp Street and Leonard Drive near Harlow Elementary School. A
maximum speed of 20 miles per hour is established for periods beginning
30 minutes before the start of school and endina 30 minutes after school
ends for the day.
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 2
Section 3. Penalty.
Any Person violating any of the provisions of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in any sum not to exceed
$200, unless otherwise specifically set forth in this Code.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 12th day of December,
2017.
ATTESTED: APPROVED:
City Secretary Carrie L. Smith Mayor Nate Pike
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 2
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Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
YOUR) HOMETOWN
AGENDA ITEM:
Conduct a public hearing and take action on an Ordinance approving a Franchise Agreement with
Atmos Energy Corporation. (City Attorney)
SUMMARY:
The current Franchise Agreement with Atmos Energy Corporation (natural gas) was initiated on
October 18, 1992 and expired on October 18, 2017. On October 10, 2017, the City Council
authorized a temporary short-term extension of the Franchise Agreement to allow City Staff and
the City Attorney additional time to work with representatives from Atmos to draft a new Franchise
Agreement. Staff worked with with the City Attorney and attorneys with Lloyd Gosselink Rochelle
& Townsend, P.0 to draft the new Franchise Agreement. Lloyd Gosselink is a law firm that
specializes in utility and natural gas issues and has assisted a number of clients in negotiating
franchise agreements with Atmos Energy.
The new Franchise Agreement outlined in the attached Ordinance will expire on December 31,
2027 after a ten-year term. Unless written notice of its intent to renegotiate is provided by either
the City or Atmos Energy at least 180 days prior to the expiration of any term, the Franchise shall
be extended for up to two (2) additional terms of five (5) years each on the same terms and
conditions. The franchise fee payable to the City will be equivalent to five percent (5%) of the
quarterly gross revenues received by Atmos during the preceding calendar quarter. The existing
franchise fee is four percent (4%). For FY 2017 revenue from the Atmos franchise fee was
$18,846.94. Increasing the franchise fee to 5% (based on same sales) would generate revenue
of $23,558.68, a difference of $4,711.74.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Ordinance and Franchise Agreement.
ATTACHMENTS:
Description Upload Date Type
Ordinance approving Franchise Agreement 12/8/2017 Ordinance
ORDINANCE NO:
AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND
VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO
CONSTRUCT, MAINTAIN, AND OPERATE PIPELINES AND EQUIPMENT IN THE
CITY OF ANNA, COLLIN COUNTY, TEXAS, FOR THE TRANSPORTATION,
DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID
CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR
CHARGE FOR THE USE OF THE PUBLIC RIGHTS -OF -WAYS; AND PROVIDING
THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING
AD VALOREM TAXES; PROVIDING FOR A TERM AND EFFECTIVE DATE;
PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; PROVIDING
THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC; PROVIDING FOR SEVERABILITY; AND ORDAINING OTHER
PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
SECTION 1. GRANT OF AUTHORITY.
A. The City of Anna, Texas, hereinafter called "City," hereby grants to Atmos Energy
Corporation, Mid -Tex Division, hereinafter called "Atmos Energy" or "Company," its successors
and assigns, consent to use and occupy the present and future streets, alleys, highways, public
utility easements, public ways and other public places ("Public Rights -of -Way"), for the purpose
of laying, maintaining, constructing, protecting, operating, and replacing therein and thereon
pipelines and all other appurtenant equipment (the "System") to deliver, transport, and distribute
gas in, out of, and through City for persons, firms, and corporations, including all the general
public, and to sell gas to persons, firms, and corporations, including all the general public, within
the City corporate limits, as such limits may be amended from time to time during the term of this
Franchise.
B. Said consent being granted for a term ending December 31, 2027. Unless written
notice of its intent to renegotiate is provided by either the City or Atmos Energy at least 180 days
prior to the expiration of any term, the Franchise shall be extended for up to two (2) additional
terms of five (5) years each on the same terms and conditions as set forth herein.
C. The provisions set forth in this Ordinance represent the terms and conditions under
which Atmos Energy shall construct, operate, and maintain the System within City, hereinafter
sometimes referred to as the "Franchise." In granting this Franchise, City does not in any manner
Page 1
surrender or waive its regulatory or other rights, powers and immunities under and by virtue of the
Constitution and statutes of the State of Texas as the same may be amended, nor any of its rights
and powers under or by virtue of present or future ordinances of City, including but not limited to
generally applicable ordinances regulating the use of Public Rights -of -Way. Company, by its
acceptance of this Franchise, agrees that all such lawful regulatory powers and rights as the same
may be from time to time vested in City shall be in full force and effect and subject to the exercise
thereof by City at any time.
SECTION 2. DEFINITIONS.
For the purposes of this Ordinance, the following terms, phrases, words, and their
derivations shall have the meanings given herein. When not inconsistent with the context, words
in the present tense include the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
a. "Affiliate" shall mean in relation to Company, a Person that controls, is controlled
by, or is under common control with Company. As used in this definition, the term "control"
means, with respect to a Person that is a corporation, the ownership, directly or indirectly, of more
than 50% of the voting securities of such Person or, with respect to a Person that is not a
corporation, the power to direct the management or policies of such Person, whether by operation
of law, by contract, or otherwise.
b. "City" shall mean the City of Anna, Texas.
C. "Company" shall mean Atmos Energy Corporation, Mid -Tex Division, its
successors and assigns, but does not include an Affiliate, which shall have no right or privilege
granted hereunder except through succession or assignment in accordance with Section 15.
d. "Gross Revenues" shall mean:
(1) all revenues received, by Company from the sale of gas to all classes of
customers (excluding gas sold to another gas utility in the City for resale to its customers
within City) within the City;
(2) all revenues received by Company from the transportation of gas through
the System of Company within the City to customers located within the City (excluding
any gas transported to another gas utility in City for resale to its customers within City);
Page 2
(3) the value of gas transported by Company for Transport Customers through
the System of Company within the City ("Third Party Sales") (excluding the value of any
gas transported to another gas utility in City for resale to its customers within City), with
the value of such gas to be established by utilizing Company's monthly Weighted Average
Cost of Gas charged to industrial customers in the Mid -Tex division, as reasonably near
the time as the transportation service is performed; and
(4) "Gross Revenues" shall also include fees paid pursuant to this agreement,
revenues billed but not ultimately collected or received by Company, and the following
"miscellaneous charges": charges to connect, disconnect, or reconnect gas, contributions
in aid of construction, charges to handle returned checks from consumers within the City,
and State gross receipts fees. "Miscellaneous charges" may include certain other service
charges that have, from time to time, been authorized in the rates and charges on file with
the City. Any such service charge not already described in this Section 2.d.(4) will be
included in the definition of Gross Revenues upon the mutual agreement of City and
Company.
(5) "Gross Revenues" shall not include:
(A) the revenue of any Affiliate or subsidiary of Company;
(B) sales tax paid to the City;
(C) interest or investment income earned by Company; and
(D) monies received from the lease or sale of real or personal property,
provided, however, that this exclusion does not apply to the lease of System
Facilities within the Public Right -of -Way.
C. "Person" shall mean any natural person, or any association, firm, partnership, joint
venture, corporation, or other legally recognized entity, whether for -profit or not -for -profit, but
shall not, unless the context clearly intends otherwise, include City or any employee, agent,
servant, representative or official of City.
f. "Public Right -of -Way" shall mean public streets, alleys, highways, bridges, public
easements, public places, public thoroughfares, grounds, and sidewalks of City, as they now exist
or may be hereafter constructed, opened, laid out, or extended within the present limits of City, or
in such territory as may hereafter be added to, consolidated, or annexed to City.
Page 3
g. "System" or "System Facilities" shall mean all of Company's pipes, pipelines, gas
mains, laterals, feeders, regulators, meters, fixtures, connections, and all other appurtenant
equipment used in or incident to providing delivery, transportation, distribution, supply and sales
of natural gas for heating, lighting, and power, located in the Public Right -of -Way within the
corporate limits of the City.
h. "Transport Customer" shall mean any Person for which Company transports gas
through the System of Company within the Public Right -of -Way for delivery within the City
(excluding other gas utilities in City who resell gas to their customers within City).
SECTION 3. CONSTRUCTION, MAINTENANCE, OPERATION & RELOCATION OF
COMPANY SYSTEM FACILITIES.
A. All construction, reconstruction, expansion, repairs, excavation, or other work
performed by Company, and all of Company's System installed in Public Right -of -Way, shall be
in accordance with all generally applicable City Codes and Ordinances not in conflict with this
Franchise, including applicable building codes, City standard construction details applicable to the
construction of public improvements, management of public right of way ordinance, subdivision
ordinance, tree preservation ordinance, and the zoning ordinance, as may be hereafter adopted or
amended. Company shall be responsible for all repairs and maintenance resulting from any
defects, impairments, or other substandard conditions of City property, including any disturbed,
damaged or destroyed landscaping material, caused by the construction, maintenance, expansion,
reconstruction, operation or use of City property by Company.
B. Upon request of the City, Company shall remove and abate any portion of the
System that is dangerous to life or property in accordance with any applicable law. Company shall
operate and maintain its System and its related Facilities in material compliance with applicable
federal, state, and local laws governing natural gas facilities.
C. Company or contractors working on behalf of Company shall be required to obtain
permits for construction in Public Rights -of -Way as provided in City ordinances, but shall not be
required to pay the City's permit fees.
D. The City reserves the right to lay, and permit to be laid, any City -owned facilities,
such as stormwater, sewer, gas, water, wastewater and other pipe lines, cable, and conduits, or
other improvements and to do and permit to be done any underground or overhead work that may
be necessary or proper in, across, along, over, or under Public Rights -of -Way occupied by
Page 4
Company. The City also reserves the right to change in any manner any City -owned curb,
sidewalk, highway, alley, public way, street, and City -owned utility lines, storm sewers, drainage
basins, drainage ditches, and other City facilities. If City damages Company's Facilities while
doing work on City facilities, Company shall repair any such damage at City's expense. Likewise,
if Company damages any City facilities while doing work on Company Facilities, City shall repair
any such damage at Company's expense.
E. When Company is required by City to remove or relocate its mains, laterals, and
other facilities lying within Public Rights -of -Way to accommodate a request by City, and costs of
utility removals or relocations are eligible under federal, state, county, local, or other programs for
reimbursement of costs and expenses incurred by Company as a result of such removal or
relocation, and such reimbursement is required to be handled through City, Company costs and
expenses shall be included in any application by City for reimbursement if Company submits its
cost and expense documentation to City prior to the filing of the application. City shall make all
reasonable efforts to provide reasonable written notice to Company of the deadline for Company
to submit documentation of the costs and expenses of such relocation to City in order for City to
be able to submit its application for reimbursement to such program in a timely manner. Upon
receipt of an amount of reimbursement intended for utility relocation including, but not limited to,
gas utilities, City shall remit to Company, within sixty (60) days of receipt, the portion of
reimbursement related to the relocation or removal of Company's facilities. If Company is
required by City to remove or relocate its mains, laterals, or other System Facilities lying within
Public Rights -of -Way to accommodate a private developer or for projects whose primary purpose
is beautification or for any reason other than the construction, reconstruction, improving,
widening, or straightening of its Public Right -of -Way, sewers, drainage, water lines, or other
utilities by City, Company shall be entitled to reimbursement from City or others of the cost and
expense of such removal or relocation.
F. When Atmos Energy is required to remove or relocate its mains, laterals or other
System Facilities to accommodate construction by City without reimbursement from City, Atmos
Energy shall have the right to seek recovery of relocation costs as provided for in applicable state
and/or federal law. Nothing herein shall be construed to limit the City's right to require Company
to relocate its System Facilities, at Company's expense, to permit the construction, maintenance,
modification, or alteration of a municipal facility. Nothing herein shall be construed to prohibit,
Page 5
alter, or modify in any way the right of Atmos Energy to seek or recover a surcharge from
customers for the cost of relocation pursuant to applicable state and/or federal law, nor shall
anything herein be construed to waive City's rights or obligations under state and/or federal law
to review and approve or deny such surcharge request. Notwithstanding the foregoing, in cases
where the Company is seeking to implement a surcharge to recover unreimbursed costs of
relocations required by City, City shall not contest the necessity of the relocation, nor shall it
demand documentation of Company's reasonable efforts to receive reimbursement for relocations
required by City. City shall not oppose recovery of reasonable relocation costs when Company is
required by City to perform relocation. Notwithstanding the foregoing, the City shall have the
right to request other project documentation to the full extent provided by state law.
G. If City abandons any portion of the Public Rights -of -Way in which Atmos Energy
has System Facilities, for public safety reasons or in furtherance of a public project, City shall
determine whether it is appropriate to retain a public utility easement in such Public Right -of -Way
for use by Company. If City determines, in its sole discretion, that the continued use of the Public
Right -of -Way by Company is compatible with the abandonment of the Public Right -of -Way, then
in consideration of the compensation set forth in Section 11, and to the maximum extent of its right
to do so, City shall grant Company an easement for such use, and the abandonment of the Public
Right -of -Way shall be subject to the right and continued use of Company. If City determines, in
its sole reasonable discretion, that it is not appropriate to retain a public utility easement in such
Public Right -of -Way, Company shall be responsible, subject to the provisions of Section 3, for
relocating its System from such Public Right -of -Way, as directed by City. If Public Right -of -Way
is sold, conveyed, abandoned, or surrendered by City to a third party, such action shall be
conditioned upon Company's right to maintain use of the former Public Right -of -Way. If the third
party requests Company to relocate its System from the former Public Right -of -Way, and if such
relocation is agreed to by Company, such relocation shall be at the expense of the party requesting
same. In addition, in the event of a third party requesting the relocation, if the relocation cannot
practically be made to another Public Right -of -Way, the expense of any right-of-way acquisition
shall be considered a relocation expense to be reimbursed by the party requesting the relocation.
Page 6
SECTION 4. LIABILITY INSURANCE.
Company shall, at its sole cost and expense, obtain, maintain, or cause to be maintained,
and provide, throughout the term of this Franchise, insurance in the amounts, types and coverages
in accordance with the following requirements. Such insurance may be in the form of self-
insurance to the extent permitted by applicable law or by obtaining insurance, as follows:
A. Commercial general or excess liability on an occurrence or claims made form with
minimum limits of five million dollars ($5,000,000) per occurrence and ten million dollars
($10,000,000) aggregate. This coverage shall include the following:
(1) Products/completed operations to be maintained for a warranty period of 2 years,
(2) Personal and advertising injury,
(3) Contractual liability, and
(4) Explosion, collapse, or underground (XCU) hazards.
B. Automobile liability coverage with a minimum policy limit of one million dollars
($1,000,000) combined single limit each accident. This coverage shall include all owned, hired,
and non -owned automobiles.
C. Workers compensation and employers liability coverage. Statutory workers
compensation benefits in accordance with the statutes and regulations of the State of Texas.
Company must provide the City with a waiver of subrogation for workers compensation claims.
D. Any contractors or subcontractors working in the Public Right -of -Way on behalf
of Company are agents of Company. Company shall remain the responsible party for damage to
and/or in the Public Right -of -Way resulting from any work of Company or its agents. City shall
submit claims for any such damage to the Public Right -of -Way to Company. Upon request,
Company shall provide the City with proof of insurance for any of Company's contractors or sub-
contractors that perform work in the Public Right -of -Way.
E. The Company will provide proof of insurance in accordance with this Franchise
within thirty (30) days of the effective date of the Franchise. Company will not be required to
furnish separate proof when applying for permits.
SECTION 5. EXTENSIONS FOR CUSTOMERS.
Company shall, at its expense, extend distribution mains in any street up to one hundred
(100) feet for any one residential or commercial customer so long as the customer at a minimum
uses gas for unsupplemented space heating and water heating. Company shall not be required to
Page 7
extend transmission mains in any Public Rights -of -Way within City or to make a tap on any
transmission main within City unless Company agrees to such extension by a written agreement
between Company and a customer.
SECTION 6. DUTY TO SERVE.
Company shall not arbitrarily refuse to provide service to any Person having a service
location within the City and meeting Company's reasonable credit requirements that it is
economically feasible for Company to serve. In the event that a Person is refused service, said
Person may request a hearing before the City Council of City or its designee, said hearing to be
held within forty-five (45) days from the date of the request for hearing. The Council may order
Company to provide service or take any other action necessary to bring Company into compliance
with the intent of the Council in granting this Franchise, including termination or forfeiture of the
Franchise in accordance with Section 13. The Council may render its opinion at this meeting but
in no event shall it be required to act in less than fourteen (14) days.
SECTION 7. CUSTOMER SERVICE STANDARDS; LOCAL OFFICE.
A. Company shall maintain a local, toll -free or collect call telephone access line which
will be available to its customers 24 hours a day, seven days a week.
B. Company shall make a good faith effort to maintain within City one or more
locations where customers can pay their bills. In no circumstance shall the absence of such a
location be considered violation of a material provision of this Franchise as outlined in Section 13.
SECTION 8. RATES.
Company's rates and charges shall be established and shall be subject to revision and
change in accordance with all applicable statutes and ordinances. Company shall maintain on file
with City copies of its current tariffs, schedules or rates and charges, customer service provisions,
and line extension policies.
SECTION 9. INDEMNITY.
A. In consideration of the granting of this Franchise, Company agrees to indemnify,
defend, and hold harmless City, its officers, agents, employees (City and such other persons and
entities being collectively referred to herein as "Indemnitees"), from and against all suits, actions
or claims of injury to any person or persons, or damages to any property brought or made for or
on account of any death, injuries to, or damages received or sustained by any person or persons or
Page 8
for damage to or loss of property arising out of, or occasioned by Company's intentional and/or
negligent acts or omissions in connection with Company's operations; except that the indemnity
provided for in this paragraph shall not apply to the extent any liability is determined to have
resulted from negligence or intentional acts or omissions of City, its officers, agents, and
employees. In the event of joint and concurrent negligence or fault of both Company and City,
responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas without, however, waiving any of the defenses of the parties under Texas
law. Further, in the event of joint and concurrent negligence or fault of both Company and City,
responsibility for all costs of defense shall be apportioned between City and Company based upon
the comparative fault of each.
B. In fulfilling its obligation to defend and indemnify City, Company shall have the
right to select defense counsel, subject to City's approval, which shall not be unreasonably
withheld. Company shall retain defense counsel within seven (7) business days of City's written
notice that City is invoking its right to indemnification under this Franchise. If Company fails to
retain counsel within such time period, City shall have the right to retain defense counsel on its
own behalf, and Company shall be liable for all defense costs incurred by City, except as set out
in Section 9.A.
C. Company will require its self-insurance to respond to the same extent as if an
insurance policy had been purchased naming the City as an additional insured, and any excess
coverage purchased for the sole purpose of insuring Company's obligations pursuant to this
agreement will name the City as an additional insured up to the amounts required by City's
ordinance.
D. The obligations set forth in this Section 9 shall survive the termination of this
Franchise.
SECTION 10. NON-EXCLUSIVE FRANCHISE.
The rights, privileges, and franchises granted by this ordinance are not to be considered
exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights,
and franchises as it may see fit to any other person or corporation for the purpose of transporting,
delivering, distributing, or selling gas to and for City and the inhabitants thereof.
Page 9
SECTION 11. PAYMENTS TO CITY.
A. In consideration of the privilege and license granted by City to Company to use and
occupy the Public Rights -of -Way in the City for the conduct of its business, Company, its
successors and assigns, agrees to pay and City agrees to accept, such franchise fees in the amount
and manner described herein. Except as provided for in this section and in Section I I.B., such
payments shall be made on a quarterly basis for the calendar quarter in which the payment is made,
beginning on or before the 31 st day of January, 2018, and on or before the 31 st day of April, July,
and October, during the term of this Franchise. The first payment due on January 31, 2017 shall
be based on the time period between October 1, 2017 and December 31, 2017. The last payment
under the initial term shall be made on or before October 31, 2027 and shall be based on the time
period between July 1, 2027 and September 30, 2027. The franchise fee shall be a sum of money
that shall be equivalent to five percent (5%) of the quarterly Gross Revenues, as defined in Section
2 above, received by Company during the preceding calendar quarter.
B. The franchise fee amounts based on "Contributions in Aid of Construction"
("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through
December 31 of each calendar year. The franchise fee amounts that are due based on CIAC shall
be paid at least once annually on or before April 30 each year based on the total CIAC recorded
during the preceding calendar year. The CIAC franchise fee payment will be due on or before
April 30, 2018, and will be based on CIAC received from January 1, 2017, through December 31,
2017. The final payment of franchise fee amounts based on CIAC under the initial term will be
made on or before April 30, 2028, and will be based on CIAC for the time period between January
1, 2027 and December 31, 2027. The obligation to make said final payment shall survive the initial
term of this Franchise
C. It is also expressly agreed that the aforesaid payments shall be in lieu of any and all
other and additional occupation taxes, easement, franchise taxes or charges (whether levied as an
ad valorem, special, or other character of tax or charge), municipal license, permit, and inspection
fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional
municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that City may
now impose or hereafter levy and collect from Company or Company's agents, excepting only the
usual general or special ad valorem taxes that City is authorized to levy and impose upon real and
personal property. Except however, Company's separate obligations to reimburse the City for
Page 10
City's reasonable rate case expenses and for street repairs in accordance with City's ordinances,
are not affected by Company's payment of franchise fees hereunder. If the City does not have the
legal power to agree that the payment of the foregoing sums of money shall be in lieu of occupation
taxes, licenses, fees, street or alley rentals or charges, easement or franchise taxes or charges
aforesaid, then City agrees that it will apply so much of said sums of money paid as may be
necessary to satisfy Company's obligations, if any, to pay any such occupation taxes, licenses,
charges, fees, or rentals.
D. If Company fails to pay when due any payment provided for in this section,
Company shall pay such amount plus interest consistent with the rate for customer deposits under
Texas Utilities Code Section 183.003 from such due date until payment is received by City.
E. Atmos Energy Franchise Fee Recovery Tariff
(1) Company may file with the City a tariff or tariff amendment(s) to provide
for the recovery of the franchise fees under this agreement.
(2) City agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates, or tariff which provide for 100% recovery of such franchise fees as part
of Company's rates; (ii) if the City intervenes in any regulatory proceeding before a federal
or state agency in which the recovery of Company's franchise fees is an issue, the City will
take an affirmative position supporting 100% recovery of such franchise fees by Company
and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has
intervened, the City will take an affirmative position in any such appeals in support of the
100% recovery of such franchise fees by Company; and (iv) it will take no action, nor cause
any other person or entity to take any action, to prohibit the recovery of such franchise fees
by Company.
F. This Franchise is granted solely to Company. Company is not authorized to license
or lease to any person or entity the right to occupy and use any Public Right -of -Way for any private
business or other purpose. Transportation service provided by Company to or for others shall not
be considered a licensing or leasing of any right to occupy and use any Public Right -of -Way.
G. Upon receipt of written notice from the City that the City has annexed or
disannexed any area, including a map showing the area annexed or disannexed, Company shall
promptly initiate a process to reclassify affected customers into the City limits no later than sixty
Page 11
(60) days after receipt of notice from City. In no event shall the Company be required to add
premises for the purposes of calculating franchise payment prior to the earliest date that the same
premises are added for purposes of collecting sales tax. Upon request from City, Company will
provide documentation to verify that affected customers were appropriately reclassified and
included for purposes of calculating franchise payments.
SECTION 12. BOOKS AND RECORDS.
A. Company agrees that at the time of each quarterly payment, Company shall also
submit to the City a statement showing its Gross Revenues for the preceding calendar quarter.
B. City may, if it sees fit, upon reasonable notice to the Company, have the books and
records of Company examined by an auditor designated by City to ascertain the correctness of the
reports agreed to be filed herein. Company shall make available, during normal working hours and
upon reasonable notice, such personnel and records as the auditor may in its reasonable discretion
request in order to complete such audit, and shall make no charge to the City therefor. Company
shall assist City in its review by providing all requested information no later than fifteen business
(15) days after receipt of a request. The cost of the audit shall be borne by City unless the audit
discloses that the Company has underpaid the franchise fee by 10% or more, in which case the
reasonable costs of the audit shall be immediately reimbursed to the City by the Company. If such
an examination reveals that Company has underpaid City, then upon receipt of written notification
from City regarding the existence of such underpayment, Company shall undertake a review of
City's claim and if said underpayment is confirmed, remit the amount of underpayment to City,
including any interest calculated in accordance with Section I I.D. Should Company determine
through examination of its books and records that City has been overpaid, upon receipt of written
notification from Company regarding the existence of such overpayment, City shall review
Company's claim and if said overpayment is confirmed, remit the amount of overpayment to
Company including any interest calculated in accordance with Section I I.D.
C. If the Company provides confidential or proprietary information to the City or its
auditor, the Company shall be solely responsible for identifying such information with markings
calculated to bring the City's attention to the proprietary or confidential nature of the information.
The City agrees to maintain the confidentiality of any non-public information obtained from
Company so designated to the extent allowed by law. City shall not be liable to Company for the
release of any information the City is required to release by law. If the City receives a request
Page 12
under the Texas Public Information Act that includes Company's proprietary or confidential
information, City will notify the Texas Attorney General of the proprietary or confidential nature
of the document(s). The City also will provide Company with a copy of this notification, and
thereafter Company is responsible for establishing that an exception under the Texas Public
Information Act allows the City to withhold the information.
SECTION 13. TERMINATION.
A. Right to Terminate. In addition to any rights set out elsewhere in this Ordinance,
City reserves the right to terminate the Franchise and all rights and privileges pertaining thereto,
in the event that Company violates any material provision of the Franchise.
B. Procedures for Termination.
(1) City may, at any time, terminate this Franchise for a continuing material
violation by Company of any of the substantial terms hereof. In such event, City shall give
to Company written notice, specifying all grounds on which termination or forfeiture is
claimed, by registered mail, addressed and delivered to Company at the address set forth
in Section W.A. hereof. Company shall have sixty (60) days after the receipt of such notice
within which to cease such violation and comply with the terms and provisions hereof. In
the event Company fails to cease such violation or otherwise comply with the terms hereof,
then Company's Franchise is subject to termination under the following provisions.
Provided, however, that if Company commences work or other efforts to cure such
violations within thirty (30) days after receipt of written notice and shall thereafter
prosecute such curative work with reasonable diligence until such curative work is
completed, then such violations shall cease to exist, and the Franchise will not be
terminated.
(2) Termination shall be declared only by written decision of the City Council
after an appropriate public proceeding whereby Company is afforded the full opportunity
to be heard and to respond to any such notice of violation or failure to comply. Company
shall be provided at least fifteen business (15) days prior written notice of any public
hearing concerning the termination of the Franchise. In addition, ten (10) days' notice by
publication shall be given of the date, time and place of any public hearing to interested
members of the public.
Page 13
(3) City, after full public hearing, and upon finding material violation or failure
to comply, may terminate the Franchise or excuse the violation or failure to comply, upon
a showing by Company of mitigating circumstances or upon a showing of good cause of
said violation or failure to comply as may be determined by the City Council.
(4) Nothing herein stated shall preclude Company from appealing the final
decision of the City Council to a court or regulatory authority having jurisdiction.
(5) Nothing herein stated shall prevent City from seeking to compel compliance
with the terms of this Franchise by suit in any court of competent jurisdiction if Company
fails to comply with the terms of this Franchise after due notice and the providing of
adequate time for Company to comply with said terms.
SECTION 14. NOTICES.
A. Any notices required or desired to be given from one party to the other party to this
Ordinance shall be in writing and shall be given and shall be deemed to have been served and
received if. (i) delivered in person to the address set forth below; (ii) deposited in an official
depository under the regular care and custody of the United States Postal Service located within
the confines of the United States of America and sent by certified mail, return receipt requested,
and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by
courier receipted delivery. Either party may designate another address within the confines of the
continental United States of America for notice, but until written notice of such change is actually
received by the other party, the last address of such party designated for notice shall remain such
party's address for notice.
CITY
City Manager
City of Anna
P.O. Box 776
Anna, Texas 75409
Page 14
With copies to:
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, TX 75034
COMPANY
Manager of Public Affairs
Atmos Energy Corporation, Mid -Tex Division
5111 Blue Flame Lane
Sherman, TX 75090
B. The Company shall provide to the City a local or toll -free telephone number that is
manned twenty-four (24) hours a day, seven (7) days a week to provide available information
relating to emergency situations. The City understands that this telephone number is not equipped
to handle calls from the public, and the City will not provide this number to customers, but will
direct them to the Company's Call Center. If the Company cannot timely respond to an emergency
with Company employees, the Company will attempt to respond to the emergency with qualified
local contractors. The Company's contact information shall be kept current at all times. The
Company and the City shall periodically, and upon request by either party, meet to discuss and
address emergency response issues, in order to rectify any problems identified by either party.
SECTION 15. SUCCESSORS AND ASSIGNS.
The Company may, without consent by City, transfer or assign the rights granted by this
Franchise to an Affiliate. Company shall give prior written notice to City of such intended transfer
or assignment, and shall provide in such notice identifying information of the Affiliate, including
contact information for routine and emergency matters. City will otherwise have the right to
approve the transfer or assignment of the franchise to a non -Affiliate. City shall grant approval
unless the assignee is materially weaker than the Company. For the purpose of this section,
"materially weaker" means that the long term unsecured debt rating of the assignee is less than
investment grade as rated by both S&P and Moody's. The City may request additional documents
and information reasonably related to the transaction and to the legal, financial, and technical
qualifications of the assignee. City agrees that approval of a transfer or assignment to a non -
Affiliate that is materially weaker shall not be unreasonably withheld or delayed. The terms and
conditions contained in this Ordinance shall be binding upon Company, its successors, and assigns.
Upon request by City, Company shall require its successor, transferee, or assignee to provide City
with a written express assumption of all rights and obligations under this Franchise.
Page 15
SECTION 16. RENEGOTIATION.
If either City or Company requests renegotiation of any term of this Ordinance, Company
and City agree to renegotiate in good faith revisions to any and all terms of this Ordinance. If the
parties cannot come to agreement upon any provisions being renegotiated, then the existing
provisions of this Ordinance will continue in effect for the remaining term of the Franchise.
SECTION 17. NO WAIVER.
Either City or Company shall have the right to waive any requirement contained in this
Ordinance, which is intended for the waiving party's benefit, but, except as otherwise provided
herein, such waiver shall be effective only if in writing executed by the party for whose benefit
such requirement is intended. No waiver of any breach or violation of any term of this Ordinance
shall be deemed or construed to constitute a waiver of any other breach or violation, whether
concurrent or subsequent, and whether of the same or a different type of breach or violation.
SECTION 18. SEVERABILITY.
This Ordinance and every provision hereof, shall be considered severable, and the
invalidity or unconstitutionality of any section, clause, provision, or portion of this Ordinance shall
not affect the validity or constitutionality of any other portion of this Ordinance. If any term or
provision of this Ordinance is held to be illegal, invalid, or unenforceable, the legality, validity, or
unenforceability of the remaining terms or provisions of this Ordinance shall not be affected
thereby.
SECTION 19. ACCEPTANCE OF FRANCHISE.
City shall provide Company with a certified copy of this Franchise by certified mail within
five (5) days of passage. In order to accept this Franchise, Company must file with the City
Secretary its written acceptance of this Franchise Ordinance within thirty (30) days after its final
passage and approval by City. If such written acceptance of this Franchise Ordinance is not filed
by Company, the Franchise Ordinance shall be rendered null and void.
Page 16
SECTION 20. PARAGRAPH HEADINGS. CONSTRUCTION.
The paragraph headings contained in this Ordinance are for convenience only and shall in
no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both
parties have participated in the preparation of this Ordinance and this Ordinance shall not be
construed either more or less strongly against or for either party.
SECTION 21. EFFECTIVE DATE.
This Franchise shall be effective on , 2017, if City has received Company's
timely acceptance as provided by Section 20 herein.
DULY PASSED by the City Council of the City of Anna, Texas, this the day of ,
2017.
ATTEST:
Carrie Smith, City Secretary
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ANNA §
APPROVED:
Nate Pike, Mayor
City of Anna, Texas
I, Carrie Smith, City Secretary of the City of Anna, Collin County, Texas, do hereby certify that
the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City
of Anna, Texas, at a session, held on the day of 92017,
as it appears of record in the Minutes in Book
2017.
page
WITNESS MY HAND AND SEAL OF SAID CITY, this the _ day of ,
Carrie Smith, City Secretary
City of Anna, Texas
Page 17
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
VOUR} HOMETOWN
/_trl=1Z107_\119=1►4F
Consider/Discuss/Act on a Resolution authorizing execution of an I nterlocal Agreement with Collin
County for reimbursement to the City for engineering costs incurred to review proposed radio
equipment installation plans. (Joseph Johnson)
SUMMARY:
Collin County is planning to implement a new standards -based public safety radio system which
will be used by first responders throughout Collin County. As part of the project, Collin County has
proposed utilizing the City's Hackberry Elevated Storage Tank to install the equipment necessary
to implement the project in our area. The proposed I nterlocal Agreement (ILA) provides a
mechanism for the City to be reimbursed for engineering costs necessary to study the impacts of
the proposed equipment on our infrastructure. The agreement does not authorize the installation
of any equipment. A separate I LA would need to be brought before Council and approved before
equipment could be installed.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution authorizing execution of an Interlocal Agreement
with Collin County for reimbursement of engineering costs.
ATTACHMENTS:
Description Upload Date Type
Resolution 12/6/2017 Resolution
I nterlocal Agreement 11 /30/2017 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR THE REIMBURSEMENT TO THE CITY
OF ANNA FOR ENGINEERING COSTS RELATED TO REVIEW OF PLANS FOR
RADIO EQUIPMENT PROPOSED BY COLLIN COUNTY.
WHEREAS, Collin County ("County") proposes to utilize City of Anna ("City")
infrastructure for the implementation of a radio equipment project and has developed
plans the City must review; and
WHEREAS, the County and the City desire to enter into an agreement concerning
reimbursement to the City for engineering review costs associated with the review of
said plans; and
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 and County have determined that the review of said plans may be
conducted most economically by implementing this Agreement.
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 3. Approval of Interlocal Agreement.
The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement
attached hereto as Exhibit 1, and authorizes, ratifies and approves the Mayor's
execution of same. The Mayor is hereby authorized to execute all documents and to
take all other actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
12t" day of December, 2017.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Interlocal Agreement Between Collin County and the City of Anna
for Engineering Work Related to the
P25 Public -Safety Radio System's Use of Anna's Water Tower
1. Purpose and Authority. Collin County is building a Project 25 (P25) standards -based
Public -Safety Radio System. The City of Anna's Police and Fire Departments will use the new
system. As part of this project, the County would like to locate certain microwave and radio
equipment on the City's water tower and other equipment at the tower site. The City has asked for
a license to connect some of its water -tower equipment to the County's generator at the site.
As a condition precedent to an interlocal agreement under which the City extends a license
to the County for such access, the City requires an engineering assessment and an agreement for
the County to reimburse the City for costs of this assessment not to exceed $2,500. Under the
Interlocal Cooperation Code, Texas Government Code, chapter 791, Collin County and the City
of Anna enter this agreement related to the engineering work.
2. Collin County's Request. The County has asked the City for a license to locate certain
radio and microwave equipment on the City's Hackberry Elevated Storage Tank (EST), a water
tower, located in the City of Anna (33°21' 15.13" N, 96°34'53.80" W), and equipment in a shelter
at the tower site. In brief, the County would like to attach RFS SC412 Antennas directly to the
existing P3 STD handrail posts using SiteProl DCP12K pipe to pipe clamp sets and have other
equipment installed and work performed according to the engineering and construction documents
in the September 25, 2017, 2:27 PM, email from Commander Pam Palmisano to Joseph Johnson,
Public Works Manager for the City, with four attachments:
• Anna WT Collocation Exclusion Letter.pdf (3 MB, 16 pp.) (from Terracon
Consultants to Enertech Resources, LLC, Terracon Project 94177237 (May 22, 2017))
• Anna WT Review Drawings 20170405(2).pdf (3 MB, 37 pp.)(Enertech Resources,
LLC, review drawings (April 5, 2017))(general construction notes, site work, antenna system, site
plan, detailed site plan, compound plan, tower elevation with the locations of the new microwaves
and antennas marked, antenna & equipment schedule, antenna plan, antenna mount section,
microwave mount section, coax plans, TTA mounted to handrail detail, structural notes, electrical
specifications, utility plans, compound and antenna grounding plans, equipment list)
• 20170530 Anna WT Structural Analysis.pdf (3 MB, 22 pp.) (Enertech Resources,
uctural LLC Structural Analysis Report 172' Elevated Water Tower (May 30, 2017) with microwave and
antenna product descriptions)
• Anna WT-CD DR 20170606.pdf (4 MB, 38 pp.) (Enertech Resources, LLC, review
drawings (June 6, 2017) with contents similar to Anna WT Review Drawings).
In referencing these documents herein, the City of Anna does not assume any responsibility
for the accuracy of the information contained within same, nor does the City of Anna relieve any
third party of any duty related to said documents. Some of the referenced documents have certain
details pending and remain subject to approval by the City of Anna and other entities. Any issue
relating to the content of said documents must be taken up with the entity responsible for authoring
same.
3. The City of Anna's Condition Precedent. As a condition precedent to granting a license,
if any, the City plans to have independent engineers evaluate the County's request. The City asks
the County to reimburse it for up to $2,500 of the related costs. The engineers retained by the City
to perform the evaluation are herein referred to as "the City's engineers," whether they are
employees, contractors, subcontractors, or other agents of the City.
4. Agreement. The County will reimburse the City for engineering costs to assess the
County's request up to, but not to exceed, $2,500. The City will provide a copy of the engineering
results and report to the County within three business days of the City receiving the results or
report. The County will provide the City with a copy of the reports of the County's engineers
related to assessing the suitability of the City's water tower for the County's radio -system
purposes.
5. Effective Date. This agreement will become effective on the day that the second party to
sign it signs the agreement.
6. Law and Venue. The parties agree that Texas law will govern the parties' relationship
under, and all claims related to, this agreement. Venue will be in the courts of Collin County.
7. Authorization. Each party represents and warrants that the person or persons signing this
Agreement has the requisite authority under section 791.011(d)(1) and section 791.014 of the
Texas Government Code.
8. Current Revenues for Governmental Functions. Each party paying for the performance
of governmental functions or services must make those payments from current revenues available
to the paying party within the meaning of section 791.011(d)(3) of the Texas Government Code or
other provision.
Notice: This provision imposes special duties on the City of Anna.
9. Responsibilities and Limitations. As between the County and the City, the City alone is
responsible for providing proper and safe access to the tower and tower site for the City's engineers
for their work. The City will defend and indemnify the County for any claim, lawsuit, damage, or
liability for personal injury or property damage, including attorney's fees, expert fees, and
litigation costs, that may arise from work of the City's engineers. The City will not sue the County
for any claim or damage that may arise in the course of, or as a result of, the work of the City's
engineers, including claims for personal injury, property damage, or engineering or professional
negligence, breach of contract, or other actionable conduct. A party will not be responsible to the
other for special, consequential, or punitive damages. No party waives any sovereign or other
immunity by virtue of signing this agreement. The parties do not intend to benefit or create a right
in favor of any person who is not a party to this agreement. This agreement does not create any
form of personal liability on the part of any official, officer, or employee of either party. Any
clause that may create a debt, including the indemnification clause, falls under subsection (b) to
sections 5 and 7 of article XI of the Texas Constitution.
2
10. Compensation. Through the signatures provided below, the parties both agree and
represent that the contractual payment each receives under the terms of this agreement constitutes
fair compensation for the respective services or functions each will perform under this contract.
11. Notice
If to City:
City Manager
City of Anna
I I I North Powell Parkway
PO Box 776
Anna, Texas 75409
p sanders(& annatexas. gov
972.924.3325
If to Collin County:
Collin County Sheriff's Office
Commander Pam Palmisano
Commander of Support Services
4300 Community Blvd.
McKinney, Texas 75071
ppalmi sano&co. collin.tx.us
972.547.5100
With copy to:
Sara Hoglund, CPPB
Collin County Buyer II
2300 Bloomdale Road, Ste. 3160
McKinney, Texas 75071
sho lg und(a),co.collin.tx.us
972.548.4101
3
WITNESS OUR HANDS AND SEALS on the date indicated below.
Date:
COLLIN COUNTY, TEXAS
Signature:
Keith Self, Collin County Judge
CITY OF ANNA
Date: Signature:
Mayor Nate Pike, City of Anna
11
I
Item No. 11.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
y{OUR) HOMETOWN
AGENDA ITEM:
Consider/Discuss/Act on a Resolution authorizing a Resolution amending an existing project and
economic development agreement with Q Seminole Anna Town Center L.P., the Anna Community
Development Corporation, the Anna Economic Development Corporation, and the City of Anna.
(Jessica Perkins)
SUMMARY:
In 2015 the Economic Development Corporation (EDC) and Community Development
Corporation (CDC) with the approval of City Council, entered into an Economic Incentive
Agreement with Q Seminole LLP/Anna Town Center related to retail development at the NE
corner of FM 455 and US 75. With the passage of the sales tax reallocation in November last
year, it is necessary that the Economic Incentive Agreement with Q Seminole LLP/Anna Town
Center be amended. The amendment recognizes the change in sales tax allocation to the CDC
and releases the EDC of liability. The total incentive amount will remain the same. The
amendment is Exhibit A of the attached Resolution.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution regarding Q Seminole Anna Town Center 12/6/2017 Resolution
Exhibit A, Amendment Q Seminole Anna Town Center - 12/7/2017 Exhibit
CDC-EDC
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING AN AMENDMENT TO A PROJECT AND RELATED INCENTIVE
AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA
TOWN CENTER, L.P., THE ANNA COMMUNITY DEVELOPMENT CORPORATION,
AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZING
THE DISBURSEMENT OF FUNDS UNDER SAID AGREEMENT
WHEREAS, the Anna Community Development Corporation (the "CDC") and the Anna
Economic Development Corporation ("EDC") previously approved a resolution that
authorized the disbursement of funds in support of an economic development project
(the "Project") that will create and retain new jobs, and that will result in new capital
investment within the corporate limits of the City of Anna, Texas ("City"); and
WHEREAS, there has been a change in the collection of Sales Tax revenue resulting in
a need for an amendment to recognize the reallocation of sales tax revenue and
remove the EDC's liability of payment; and
WHEREAS, the CDC and EDC have found that the Project will promote new or
expanded business development and that the expenditures of funds under the
Agreement are required or suitable for infrastructure and site improvements necessary
to promote or develop new or expanded business enterprises;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority for Project, Agreement, and Expenditure
The City of Anna City Council hereby authorizes and approves the amendment to the
Project, and further authorizes the CDC and EDC's Board of Directors, subject to
approval of the form and content by the CDC and EDC's legal counsel, to enter into an
amended Incentive Agreement for New Economic Development with Q Seminole Anna
Town Center, L.P. ("Amendment") attached hereto as EXHIBIT A, incorporated herein
for all purposes. The City Council further authorizes the Mayor to execute said
Amendment to bind the City for the limited purposes expressly stated therein.
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna this day of
, 2017.
APPROVED:
ATTEST:
Nate Pike, Mayor
Carrie L. Smith, City Secretary
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION (cx )
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
APPROVING AN AMENDMENT TO A PROJECT AND RELATED INCENTIVE
AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA
TOWN CENTER, L.P., ANNA COMMUNITY DEVELOPMENT CORPORATION, AND
ANNA ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the Anna Community Development Corporation (the "CDC") desires to
disburse funds in support of a Community development project that will create and retain
new jobs, and that has resulted in new capital investment within the corporate limits of
the City of Anna, Texas ("City"); and
WHEREAS, the CDC has found that the Project will promote new or expanded business
development and that the expenditures of CDC funds under the Agreement are required
or suitable for infrastructure and site improvements necessary to promote or develop new
or expanded business enterprises; and
WHEREAS, there has been a change in the collection of Sales Tax revenue resulting in
a need for an amendment to recognize the reallocation of sales tax revenue and remove
the EDC's liability of payment;
NOW, THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT
CORPORATION THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Agreement
The CDC hereby approves the amendment to the Incentive Agreement for New
Community Development with Q Seminole Anna Town Center, L.P., the Anna Community
Development Corporation, and the Anna Economic Development Corporation
("Amendment") attached hereto as EXHIBIT A, incorporated herein for all purposes, and
authorizes the CDC President to execute same on its behalf, subject to approval as to
form by legal counsel for the CDC and final content by the CDC Chief Administrative
Officer, said Agreement to be effective upon approval by the City of Anna City Council
and as set forth in said Amendment.
Section 3. Approval of Funding
The CDC hereby authorizes the Chief Administrative Officer to disburse funds as a
reimbursement in accordance with the Agreement.
ANNA CDC RESOLUTION NO.; 0 / ) - / 1) _at, (c, PC) PAGE 1 OF 2
PASSED AND APPROVED by the Anna Community Development Corporation on this
i
, day of2017.
ATTEST:
Am
Alonzo Tucson
CDC President
APPROVED:
La retta Blacketer
CDC Secretary
ANNA CDC RESOLUTION NO.`�� 0-13 20 CCDC ) PAGE 2 OF 2
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO., -7- / ,�-97 (t bc)
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AN AMENDMENT TO A PROJECT AND RELATED INCENTIVE
AGREEMENT FOR NEW ECONOMIC DEVELOPMENT WITH Q SEMINOLE ANNA
TOWN CENTER, L.P., THE ANNA COMMUNITY DEVELOPMENT CORPORATION,
AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the EDC was party to an economic development agreement and the
attached amendment releases the EDC of all obligations due to a change in sales tax
revenue collection;
NOW, THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Project and Agreement
The EDC hereby approves the amendment to the Incentive Agreement for New
Economic Development with Q Seminole Anna Town Center, L.P., the Anna Economic
Development Corporation, and the City of Anna ("Amendment") attached hereto as
EXHIBIT A, incorporated herein for all purposes, and authorizes the EDC President to
execute same on its behalf, subject to approval as to form by legal counsel for the EDC
and final content by the EDC Chief Administrative Officer, said Amendment to be effective
upon approval by the City of Anna City Council and as set forth in said Amendment.
PASSED AND A PROVED by the Anna Economic Development Corporation on this
7 , day of LX f&nL6&� 2017.
ATTES
Connie Stump
EDC President
APPROVED:
/ l
Laure a Blacketer
EDC Secretary
ANNA EDC RESOLUTION NO: 17-1,9�97 cCbc) PAGE 1 OF 1
Exhibit A
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC
DEVELOPMENT
This First Amendment to Incentive Agreement for New Economic Development
(this "Amendment") is entered into between and among the Anna Economic Development
Corporation, a Texas Type A development corporation ("AEDC"), the Anna Community
Development Corporation, a Texas Type B development corporation ("ACDC")
(collectively, the "Corporations"), and Q Seminole Anna Town Center, L.P., a Texas
limited partnership ("Developer"; together with the Corporations, the "Parties").
WHEREAS, the Corporations and Developer entered into that certain Incentive
Agreement for New Economic Development executed on or about April 16, 2015 (the
"Agrreement'), relating to the development of the "Phase I Development" as defined
therein (capitalized terms not otherwise defined herein shall have the meaning set forth in
the Agreement);
WHEREAS, Developer completed the improvements comprising Phase I Development,
the Infrastructure Improvements, and the Public Improvements in accordance with the
terms of the Agreement and otherwise satisfied the conditions precedent under the
Agreement to Developer's receipt of payments from the Corporations under the
Agreement;
WHEREAS, the Walmart Store completed within the Phase I Development exceeded
170,000 square feet;
WHEREAS, on November 8, 2016, a majority of the qualified voters in the City approved
a ballot measure permitted under Chapter 504 of the Texas Local Government Code to
increase the sales and use tax imposed by ACDC to three-quarters of one percent and to
eliminate the sales and use tax imposed by AEDC effective as of April 1, 2017; and
WHEREAS, the Parties desire to modify the Agreement to (i) to memorialize the
satisfaction of the conditions precedent to Developer's receipt of the payments under the
Agreement; (ii) acknowledge that there will be no reduction in Project Funds or the
Combined Maximum Amount with respect to a reduction in floor space of the Walmart
Store; (iii) remove AEDC as a party to the Agreement; and (iv) revise the definition of
Project Funds to reflect the new sales and use tax rate imposed by ACDC as of April 1,
2017.
NOW, THEREFORE, in consideration of the covenants, promises, and conditions
stated in this Amendment, the AEDC, the ACDC, and Developer agree as follows:
Section 1. Effective Date.
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 1
4821-6051-2855v.1
The Effective Date of this Amendment shall be the date that the last of the
following events have occurred: (1) the AEDC Board has duly resolved to enter into this
Amendment; (2) the ACDC Board has duly resolved to enter into this Amendment; (3)
the Parties to this Amendment have duly executed this Amendment; and (4) the City of
Anna, Texas City Council ("City Council") has duly adopted a resolution approving this
Amendment.
Section 2. AEDC Non -Party Status.
Effective as of April 1, 2017, AEDC shall have no obligations under the
Agreement other than to pay the portion of the Project Funds due to Developer under the
terms of the Agreement from sales and use tax revenue collected by AEDC prior to April
1, 2017. The Parties agree that upon the full discharge by AEDC of any obligations arising
or accruing under the Agreement prior to April 1, 2017, AEDC shall no longer be a party
to the Agreement and the Agreement shall be deemed terminated solely as to AEDC. For
clarification purposes, effective as of the Effective Date: (1) references to the
"Corporations" in the Agreement shall be deemed to solely include the ACDC; (2)
references to the "Parties" in the Agreement shall be deemed to exclude the AEDC; and
(3) notice shall not be required to be delivered to AEDC under the Agreement.
Section 3. Completion of the Phase I Development, Public Improvements, and
Infrastructure Improvements.
The Corporations hereby acknowledge and agree that the Developer has
completed the improvements comprising the Phase I Development, the Public
Improvements, and the Infrastructure Improvements and has satisfied all of the other
conditions precedent to receipt of payments under Section 5.01 of the Agreement.
Section 4. Amendment of Definition of Project Funds.
The definition of "Project Funds" in Section 3.03 of the Agreement is hereby
deleted in its entirety and replaced with the following:
"Project Funds" means a portion of the Sales and Use Tax that is actually received
by the ACDC as set forth below until the earlier of. (1) expiration of the term of the
Agreement; or (2) the date that the cumulative annual payments to the developer equal the
Combined Maximum Amount. For years one (1) through five (5) of the payment period
for the annual payments to be made to Developer under Section 5 of this Agreement
("Five -Year Payment Period"), Project Funds shall be an amount equivalent to 90% of
the Sales and Use Tax that is actually received by the ACDC during the Five -Year
Payment Period. For years six (6) through fifteen (15) of the payment period for the annual
payments to be made to Developer under Section 5 of this Agreement ("Ten -Year
Payment Period"), Project Funds shall be an amount equivalent to 80% of the Sales and
Use Tax that is actually received by the ACDC during the Ten -Year Payment Period.
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 2
4821-6051-2855v.i
Section 5. Amendment of Definition of Sales and Use Tax.
The definition of "Sales and Use Tax" in Section 3.03 of the Agreement is deleted
and replaced with the following:
"Sales and Use Tax" means the three-quarters of one percent sales and use tax
allocated to the ACDC and that is attributable to sales and use by Retailers in the Phase I
Development.
Section 6. Amendment of Section 5.01.
Section 5.01 of the Agreement is hereby deleted in its entirety and replaced with
the following:
5.01. Payment. To assist with the costs of the Public Improvements and
Infrastructure Improvements, and in consideration for the other obligations undertaken by
Developer in this Agreement, ACDC will make biannual (2 times a year) payments to
Developer during the term of this Agreement that when combined shall be equal to
$1,633,012 plus the Cost of Infrastructure Improvements plus the actual Cost of Traffic
Signal, up to a combined maximum not -to -exceed amount of $2,934,001 ("Combined
Maximum Amount"), subject to Section 5.05 and 5.06 of this Agreement. Said payments
will be funded solely from Project Funds, which the ACDC must deposit into and maintain
in one or more interest -bearing accounts until the biannual payment is due. At the time
that each payment is due, the full amount of Project Funds on deposit in said accounts
shall be paid to Developer. The first payment shall be due on or before the expiration of
30 days after the anniversary of the ACDCs first actual receipt of Sales and Use Tax.
Thereafter, payments of Project Funds are due and payable biannually on or before the
expiration of the same month during which said first payment was made.
Section 7. Deletion of Section 5.011.
Section 5.011 (Payment Reduction) is hereby deleted in its entirety.
Section 8. Amendment of Section 5.02.
Section 5.02 of the Agreement is deleted and replaced with the following:
5.02. Reallocation or Refund. If at any time the State Comptroller takes any
action that results in a Reallocation or Refund of Sales and Use Tax, the Parties agree to
reconcile the corresponding previous payments of Project Funds in the following manner
during the respective payment periods.
(a) During the Five -Year Payment Period:
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 3
4821-6051-2855v.1
If the result is an increase of Sales and Use Tax to the ACDC, then
90% of such increase will be deemed to be Project Funds that are due
and payable to Developer within 30 days of the ACDC's actual receipt
of the revenue representing the increase.
ii. If the result is a decrease of Sales and Use Tax to the ACDC or if the
ACDC must refund any Sales and Use Tax, then 90% of such decrease
or refund will be deemed to be an amount owed to the ACDC by
Developer and such amount is due and payable within 30 days after the
ACDC has provided written notice to Developer that the ACDC has
incurred the decrease or made the refund; provided, however, the
ACDC, at its sole option, may —instead of requesting payment from
the Developer —subtract the amount of the decrease or refund from one
or more future annual payments of Project Funds that would otherwise
be due to be paid to Developer, and if the ACDC so opts, its will
provide written notice to Developer of its intent to do so.
(b) During the Ten -Year Payment Period:
i. If the result is an increase of Sales and Use Tax to the ACDC, then
80% of such increase will be deemed to be Project Funds that are due
and payable to Developer within 30 days of the ACDC's actual receipt
of the revenue representing the increase.
ii. If the result is a decrease of Sales and Use Tax to the ACDC or if the
ACDC must refund any Sales and Use Tax, then 80% of such decrease
or refund will be deemed to be an amount owed to the ACDC by
Developer and such amount is due and payable within 30 days after the
ACDC has provided written notice to Developer that the ACDC has
incurred the. decrease or made the refund; provided, however, the
ACDC, at its sole option, may —instead of requesting payment from
the Developer —subtract the amount of the decrease or refund from one
or more future annual payments of Project Funds that would otherwise
be due to be paid to Developer, and if the ACDC so opts, it will provide
written notice to Developer of its intent to do so.
Section 9. New Developer's Notice Address.
From and after the effective date of this Amendment the Corporations shall send
all notices statements and/or payments that are to be sent to Developer under the
Agreement to the following addresses:
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 4
4821-6051-2855v.1
Q Seminole Anna Town Center, L.P.
c/o Chief Partners, LP
8111 Westchester Drive, Suite 800
Dallas, Texas 75225
With a copy to:
Munsch Hardt Kopf & Harr, P.C,
500 N. Akard Street, Suite 3800
Dallas, Texas 75201
Attn: David Coligado
Section 10. Miscellaneous.
10.01 Sole Agreement. All provisions of the Agreement that are not modified by
this Amendment shall continue to be binding on and inure to the benefit of the Parties to
it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns, and are hereby ratified in all respects. The Agreement, as amended
by this Amendment, constitutes the sole agreement between ACDC and Developer. Any
prior Agreements, promises, negotiations, or representations, verbal or otherwise, not
expressly stated in the Agreement, as amended by this Amendment are of no force and
effect.
10.02. Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original and the binding agreement of
each Party to the terms herein, but all of which together will constitute one and the same
instrument.
10.03 Recording. The parties agree that this Amendment shall not be recorded.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
FIRST AMENDMENT TO INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT Page 5
4821-6051-2855v.1
EXECUTED BY THE PARTIES:
Q SEMINOLE ANNA TOWN CENTER, L.P., a Texas limited partnership
By: ANNA TC GP, LLC, its general partner
By:y
William H. Vanderstraaten, its Manager
State of Texas
County of Collin
Before me, on this day personally appeared William H. Vanderstraaten, known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same in his capacity as Manager of Anna TC GP, LLC,
general partner for Q Seminole Anna Town Center, L.P., for the purposes and
consideration therein expressed. ��LL
7r'
Given under my hand and seal of office this ��day ofaajlll�— 2017.
Y'p� ... LAURA S RICKMAN C� I
NOTARY PUBLIC
State of Texas Notary —State of xas
Comm. Exp.10-27-2019
AMENDMENT FOR NEW ECONOMIC DEVELOPMENT
4821-5051-2855v.1
ANNA ECONOMIC DEVELOPMENT CORPORATION,
a Texas Type A to t c r i
By
C'onsta ce Ann Stump, 1is reside
State of Texas
County of Collin
Before me, on this day personally appeared Constance Ann Stump, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to
me that she executed the same in her capacity as President of Anna Economic
Development Corporation for the purposes and consideration therein expressed.
Given under my hand and seal of office this �,4 _ day of LQ,c h, 2017.
�s'�'•`1'1�;; LAl1RETTAKAYSI,ACKErER -J
My Notary ID # 129369379 Vv — State of Texas
FxoresApol 1, 2021
AMENDMENT FOR NEW ECONOMIC DEVELOPMENT
4821-6051-2855v.1
ANNA COMMUNITY DEVELOPMENT CORPORATION,
a Texas Type B develop
By: roe torpor Lion
i
Alortz,, i L4sCn , its President
State of Texas
County of Collin
Before me, on this day personally appeared, 1� , known to me to be
the person whose name is subscribed to the forego in nstrument and acknowledged to
me that he executed the same in his capacity as President of Anna Economic
Development Corporation for the purposes and consideration therein expressed.
Given under my hand and seat of office this -1 +1 day of 2017.
tAUREiTA KAY BIACKETER
='� �•° My Notary ID # 129365379 No ry —State of Texas
E)OresApril 1, 2021
AMENDMENT FOR NEW ECONOMIC DEVELOPMENT
4821-6051-2855v.1
I
Item No. 12.
City Council Agenda
Staff Report
Meeting Date: 12/12/2017
YfOUR? HOMETOWN
AGENDA ITEM:
Consider/Discuss/Act on a Resolution authorizing Council Members to attend the TML-TAMCC
Elected Officials' Conference. (City Council)
SUMMARY:
The City Council has previously approved Resolution 2009-10-05 that adopted Travel and
Training Policies for Anna City Council Members. Consistent with the City Charter and the
Council Travel Policies, members of the City Council may receive reimbursement for actual
expenses incurred in the performance of their official duties with the approval of the City Council
at a public meeting.
The attached Resolution authorizes council members to attend the TML-Texas Association of
Mayors Councilmembers and Commissioners (TAMCC) Elected Officials' Conference in San
Antonio March 8-10. The TML-TAMCC Elected Officials Conference includes workshops on
current municipal issues and provides participants opportunities to discuss challenges, solve
problems, and share successes with their peers.
The estimated cost per -participant for the TML-TAMCC Elected Officials Conference is $1100.
Approximately $3,000 is available in the City Council travel and training budgets. Councilmember
Martinez has expressed interest in attending this conference.
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Resolution
Conference Registration Form
Council Travel Policy
Upload Date Type
12/8/2017 Resolution
12/8/2017 Backup Material
11 /30/2017 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COUNCIL MEMBERS
TO ATTEND THE TML-TAMCC ELECTED OFFICIALS' CONFERENCE.
WHEREAS, the Texas Municipal League (TML) and the Texas Association of Mayors
Councilmembers and Commissioners (TAMCC) is conducting the TML-TAMCC Elected
Officials' Conference in San Antonio on March 8-10, 2017; and,
WHEREAS, the TML-TAMCC Elected Officials Conference includes workshops on current
municipal issues and provides participants opportunities to discuss challenges, solve
problems, and share successes with their peers; and,
WHEREAS, the City Council of the City of Anna, Texas approved Resolution 2009-10-05 that
adopted Travel and Training Policies for Anna City Council Members (the "Council Travel
Policies"); and,
WHEREAS, consistent with the Anna Home -Rule Charter and the Council Travel Policies,
members of the City Council may receive reimbursement for actual expenses incurred in the
performance of their official duties with the approval of the City Council at a public meeting;
and,
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
participation by members of the City Council in the TML-TAMCC Elected Officials
Conference is consistent with the Anna Home -Rule Charter and the Council Travel Policies;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization to Pay or Reimburse Expenses.
The City Council hereby authorizes Council Members Rene Martinez and
to attend the TML-TAMCC Elected Officials' Conference in San Antonio
on March 8-10, 2017; and to be paid or reimbursed for expenses incurred in connection with
their attendance, consistent with the Council Travel Policies.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12t" day
of December 2017.
ATTEST: APPROVED:
Carrie Smith, City Secretary
Mayor, Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
vresencea ny me texas nnumci pa i League anot ne i exas As soc,anon or mayors, --imemnem ana commissioners
TWO WAYS TO REGISTER
Your registration will not be processed until payment is received.
1. Register online with credit card payment at: 2. Or mail this form with check payment to:
www.tml.org (click on "Training") TML Administrative Services
Attendee Registration Fee
Attendee - Roundtable Breakfast (Friday)
Small Cities (under 10,000 population)
Medium Cities (10-50,000 population)
Large Cities (over 50,000 population)
Guest/Spouse Registration Fee
Guest/Spouse Name:
1821 Rutherford Lane, Suite 400
Austin, TX 78754-5128
Online Rate By Mail/Onsite Rate Non -Member Rate
$225 $245 $255
$25 $25 $25
$25 $25 $25
$25 $25 $25
$75 $75 N/A
Total Check Payment $
Confirmations/Badges
Confirmations will be emailed if you provide an email address. Name badges will be mailed to all attendees registered up to one week
before the conference. If you require special meals or accommodations, please email eoc@tml.org.
Attendee Registration - $225
The registration fee for TML member city officials includes educational sessions on Thursday, Friday, and Saturday, online access to
handouts, welcome reception, buffet breakfast on Saturday, and scheduled refreshment breaks. Lunch on Friday is on your own.
Guest Registration - $75
The guest registration fee includes educational sessions on Thursday, Friday, and Saturday, welcome reception, buffet breakfast on
Saturday, and scheduled refreshment breaks. Lunch on Friday is on your own. Please note that a city official may not register as a
guest.
Non -Member Rate — $255
The non-member registration fee includes educational sessions on Thursday, Friday, and Saturday, online access to handouts, welcome
reception, buffet breakfast on Saturday, and scheduled refreshment breaks. Lunch on Friday is on your own.
Cancellation and Substitution Policy
If you cannot send a substitute, a $45 cancellation fee per person will be assessed if written cancellation is emailed
to acct@tml.org by February 15. Please note that no refunds will be honored after February 15. Meal tickets are non-refundable. No
telephone cancellations will be accepted.
Attendee Na
Badge Name
City/Organizati
Title
Address City State Zip
Phone Fax
Email
CITY OF ANNA, TEXAS
RESOLUTION NO. 2009-10-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
APPROVING A TRAVEL AND TRAINING POLICY FOR ANNA CITY COUNCIL
MEMBERS
WHEREAS, Members of the City of Anna City Council ("City Council") occasionally
incur expenses in the performance of their official duties as a result of travel and training
opportunities that promote the interests of the City; and,
WHEREAS, the City of Anna, Texas Home -Rule Charter authorizes City Council
members to be reimbursed for actual expenses incurred in the performance of their
official duties; and,
WHEREAS, the City Council desires to establish standard regulations governing the
payment and reimbursement of such expenses;
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 adopts the attached Travel and Training Policy,
Exhibit "A", for Anna City Council Members.
PASSED by the City Council of the City of Anna, Texas, on this 13t' day of October,
2009.
ATTEST:
APPROVED:
Azjja4_�_ — �'
N a Wilkison, City Secretary r Da1 riskell
TEX PAS,,,���`��,.
Res. 2009-10-05 Travel & Training Policy for CC Members.doc PAGE 1 OF 1 10-13-09
rp- X -A III I
I VVVV
Travel and Training Policy
For Anna City Council Members
Scope
City Council members occasionally incur expenses in the performance of their official
duties as a result of travel and training opportunities that promote the interests of the City.
Therefore the City desires to establish standard regulations governing the payment for
and reimbursement of such expenses. This policy provides for uniformity in submitting
and handling of expenditure requests and establishes proper accounting for approved
expenditures made for travel. This policy is implemented for the purpose of reducing the
expenses of the City Council while still providing the City and the Council with the
benefits to be gained from attendance at business and professional functions that are
related to City business and that promote the current interests of the City. Examples of
such functions include but are not limited to conferences and meetings that: are
sponsored by organizations of which the City is a member-, promote the economic
development, legislative, or other current interests of the City; or provide professional
development opportunities for Council members in their official capacities.
Authorization
The City of Anna at the discretion of the City Council may pay reasonable expenses
which are incurred in the course of authorized City business meetings and City trips.
Except as noted, Council authorization at a duly noticed public meeting is required in
order for travel and training expenses to be paid or reimbursed by the City. Every
reasonable effort should be made to receive prior authorization from the City Council
before committing to attend an event. If it is not reasonably possible to receive Council
authorization at a regularly scheduled Council meeting prior to committing funds to
attend an event the Mayor (or the Mayor Pro-tem or Deputy Mayor Pro-tem in a case
where the Mayor is attending) may authorize the payment of funds up to $100 per
Council attendee provided money is available in the City Council's department budget
and the City Manager and City Secretary concur that the request is consistent with the
intent of this policy and in compliance with policy limits. The Mayor Pro-tem or Deputy
Mayor Pro-tem may act in the absence of the Mayor. Such authorization by the Mayor
and concurrence by the City Manager and City Secretary shall be in writing. Notification
of the previously authorized expenses shall be placed on the next Council agenda. In the
event that travel is conducted without prior authorization as outlined in this policy, the
attendee may be responsible for all expenses incurred.
General
The City will not pay any portion of a non City representative's expenses including the
additional room cost. Among the objectives of City travel is to effectively carry out City
business at a minimum total cost to the City. An example would be arriving at a
destination on a Saturday in order to take advantage of lower airfare even though a
Resolution 2009-10-05
Travel and Training Policy for Council Members
conference might start late on the following day. This discounted airfare plus lodging
and meal costs for the extra day should be less than the total cost of the airfare that did
not require a Saturday night stay. Actions and behaviors of City Council members while
traveling on City business at City expense reflect on the City of Anna. Professionalism is
expected of members and representatives at all times during this type of travel. Any
action that is inappropriate or would give the appearance of being inappropriate should be
avoided.
Responsibilities
A Council person requesting approval for City paid travel or training expenses must
submit a request through the City Secretary at least 7 days prior to Council meeting at
which the request will be considered. Registration forms, agendas, and an itemized cost
estimate must the accompany travel request. Attendees shall turn in travel receipts as
soon as possible and within 15 days of return from the trip. Attendees are expected to
attend each day any and all portions of any conference seminar or training session paid
for by the City. The attendee's signature on the Travel Report indicates that the
expenditures are reasonable, prudent, true, and correct and have been made in accordance
with this travel policy.
Council members are responsible for coordinating travel requests through the City
Secretary s Office in order to facilitate the necessary documentation for financial tracking
registration reservations and other steps needed to complete City related travel. If
documentation receipts and expense forms fail to comply with the policies stated herein
then the matter will be brought to the attention of the City Council by the City Secretary.
Payment will not be authorized unless and until all requirements are met. The City
Secretary must make sure that travel requests are consistent with the intent of this policy
and in compliance with policy limits (i.e. meal requests should not exceed maximum
limits established in this policy). All travel records, documentation, receipts, and expense
reports may be considered public information and potentially available for public
inspection.
Authorized Expenses
All modes of travel (air, rental, personal vehicle, taxi, bus, train, or subway) should be
chosen with consideration towards minimizing the loss of time effectiveness and
productivity of the attendee, and the total cost to the City.
Air Travel. City Council members should purchase round trip coach class tickets. When
practical all airline reservations should be made sufficiently in advance to take advantage
of airline discount fares if available. The City Secretary may use Internet travel sites to
confirm that air travel prices quoted from other sources are reasonable. Electronic or E-
tickets should be utilized in order to avoid paper ticket surcharges.
Rental Vehicles. City Council members are expected to obtain the lowest possible rental
rate for cars when practical and to weigh the total cost and practicality of a rental car
including taxes and parking costs versus the use of other forms of transportation such as
taxi, shuttle, or mass transportation. A compact size car should be used unless several
Resolution 2009-10-05
Travel and Training Policy for Council Members
City personnel are pooling transportation. The City may reimburse car rental costs for
travel that occurs the day before and the day after the conference or training session dates
especially if the extra days were necessary in order to take advantage of discount airline
fares. Car rental costs for personal use beyond these dates will not be reimbursed. Car
rental insurance for liability and collision is not a reimbursable expense.
Mileage Reimbursement. When personal vehicles are used, City Council members shall
be reimbursed at the lesser of an advance purchase round trip coach class air fare
purchased sufficiently in advance to take advantage of airline discount fares, or an
amount based upon the number of miles multiplied by the IRS mileage reimbursement
rate. Travel urgency, safety and health concerns, or the economy of using a personal
vehicle at the destination site in lieu of a rental vehicle may alter which reimbursement
method is used. The payment of mileage will be based on the most direct route from the
point of destination.
Parking The City will pay reasonable expenses for airport parking required while an
attendee is out of town on authorized City business. At the destination the City will also
pay required parking fees for personal vehicles or rented vehicles.
Lod gigg. Expenses will be allowed for an adequate lodging room rate plus tax. Lodging
should be a reasonable single accommodation. The City will not pay any portion of a
non City representative's additional room cost. Receipts for lodging must be provided in
order to obtain reimbursement and should show a detailed breakdown of all charges
incurred on a daily basis. Personal items should be marked personal and deducted from
the total hotel bill.
Regular Meals. The City will pay for actual and reasonable expenses for meals
consumed during official travel as long as actual expenses do not exceed the per them
rate per meal. The City shall not pay for meals that are included in the registration for an
event. Receipts for authorized meal expenses including a reasonable tip (generally 15010)
must be submitted with the travel expense form for reimbursement.
Per Diem Rate. For overnight trips, attendees may elect to request per them
allowance as follows:
Breakfast $10.00 if travel commences prior to 6:00 a.m.
Lunch $15.00
Dinner $20.00 if travel concludes after 7:00 p.m.
The Per Diem rate includes all tips.
Daily Trigs. For trips not requiring overnight stays the City will reimburse or pay for
actual expenses incurred up to the maximum per meal allowed under the per them rate
including tips.
Incidentals. The cost of alcoholic beverages, laundry, dry cleaning, in room movies, loss
of personal property, room service charges for meals that exceed the per them rate,
Resolution 2009-10-05
Travel and Training Policy for Council Members
haircuts, newspapers, magazines, transportation to and from entertainment events, tours,
health club expenses, and other expenses not set forth as eligible under this policy are
specifically excluded from reimbursement.
Exceptions
Exceptions to this policy may be approved by the City Council only in exceptional
circumstances and only in those cases where the best interests of the City are clearly
manifested.
Travel and Expense Reimbursement Form
Resolution 2009-10-05
Travel and Training Policy for Council Members