HomeMy WebLinkAbout2016-07-26 Work Session & Regular Meeting PacketY{OUR} HOMETOWN
CITY OF ANNAAGENDA NOTICE - CITY COUNCIL MEETING
July 26, 2016 6:30 PM -Anna City Hall
The City Council of the City of Anna will meet in Work Session at 6:30 PM, on July 26,
2016, at the Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items:
Call to Order.
2. Roll Call and Establishment of Quorum
3. Briefing/Discussion regarding FY 17 Utility Rate Study (Clayton Fulton)
4. Briefing/Discussion regarding FY 17 DWI STEP Grant Program. (Chief Jenks)
5. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session
to discuss any items listed or referenced on this agenda under the following
exceptions:
a. consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071);
The Council further reserves the right to enter into closed session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
6. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
7. Adjourn.
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 .
Carrie L. Smith, City Secretary
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.
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.3.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits: No
Briefing/Discussion regarding FY 17 Utility Rate Study (Clayton Fulton)
SUMMARY:
Staff has been working with Carolyn Marshall, our utility rate consultant, over the past several
months to analyze utility consumption and patterns.
We have provided Ms. Marshall with budget projections for FY 17, actual YTD data and projections
for FY 16, and actual historical data. We have also provided consumption data to Ms. Marshall for
analysis. All our data have been entered into the model and the model has been reviewed by
staff.
Ms. Marshall will be in attendance to present results from the model. At this time it appears there is
no need for a rate increase in FY 17. However, consumption patterns have a significant impact
upon rate revenue and changes in consumption could result in changes to our rates.
STAFF RECOMMENDATION:
No action is required.
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.4.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Chief Jenks
Exhibits: No
Briefing/Discussion regarding FY 17 DWI STEP Grant Program. (Chief Jenks)
SUMMARY:
TxDOT traffic safety personnel sent an invitation to the Police Department to participate in their
impaired drivers enforcement program, commonly called DWI STEP (Selective Traffic
Enforcement Program). The STEP programs provide salary/benefits reimbursements to law
enforcement agencies that participate in traffic safety initiatives, such as Speeding, Seatbelts, and
DWI's. As we have seen a 92% increase in DWI arrests as of 2015 in the Anna area during the
recent past, we believe it to be a good idea to participate.
According to TxDOT, Anna PD qualifies for about $4,000 in funds. Grantees have to provide a
20% match and that match can be "in kind." Meaning, the wear and tear on the cars, the fuel, the
Lt's salary/benefits while administering the program, etc, could be used as our "match."
This grant provides overtime dollars, including salary/benefits and admin costs to increase DWI
enforcement during four specified "waves" throughout the year. These waves are each 18 days
long and include Christmas/New Year's (12/15/16 to 01 /01 /17); Spring Break (03/04/17 to
03/21/17); Independence Day (06/24/17 to 07/05/2017); and Labor Day (08/18/17 to 09/03/17).
The aforementioned $4,000 would be a total amount of funding for all of the "waves."
The 20% match (approx $800) required from the City will all be "in -kind." Since the in -kind match
can include vehicle usage per shift, the Lt prepared a vehicle cost analysis that provided a total
operating cost per patrol mile based on vehicle/equipment costs, depreciation of such, vehicle
maintenance costs, insurance costs and fuel costs. Based on our calculations, the cost to operate
one patrol vehicle per mile is approximately $1.10. If the Officers drive a total of 727 miles during
the shifts, the in -kind match will be met. We anticipate reaching the mileage goal with ease and that
will more than satisfy the 20% "in -kind match."
STAFF RECOMMENDATION:
No action required
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.5.a.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Philip Sanders
Exhibits:
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);
SUMMARY:
STAFF RECOMMENDATION:
L
YOUR} HOMETOWN
CITY OF ANNAAGENDA NOTICE -CITY COUNCIL MEETING
July 26, 2016 7:30 PM -Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on July 26,
2016, 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.
Call to Order/Roll Call.
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. Recieve reports from Staff or the City Council about items of community intrest.
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 goveming 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 July 12, 2016 Council Meeting Minutes
b. Review Quarterly Investment Report. (Clayton Fulton)
c. Resolution approving an I nterlocal Agreement with Collin County for Jail
Services. (Chief Jenks)
d. Resolution approving a Replat of Sister Groves Estates, Lots 1, 2, and 3.
(Maurice Schwanke)
e. Authorize the City Manager to solicit bids for the Fiscal Year 2016 Street
Rehabilitation Project. (Joseph Johnson)
6. Consider/Discuss/Action on a Resolution approving an amendment to the Potable
Water Pass Through & Pumping Agreement with the City of McKinney. (Joseph
Johnson)
7. Presentation of the Proposed FY 16-17 annual budget. (Clayton Fulton)
8. Consider/Discuss/Action regarding a Resolution setting the date, time, and place
for a Public Hearing on the FY 16-17 annual budget. (Clayton Fulton)
9. First reading of a Resolution authorizing the Anna Community Development
Corporation to undertake a project related to a real estate sales contract to
purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
10. Second reading of a Resolution authorizing the Anna Community Development
Corporation to undertake a project related to a real estate sales contract to
purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
11. Consider/Discuss/Action regarding a Resolution authorizing a project related to a
real estate sales contract by the Anna Community Development Corporation and
the Anna Economic Development Corporation to purchase land generally located at
the NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
12. Consider/Discuss/Action regarding a Resolution supporting the creation of a
Regional 9-1-1 Emergency Communications District. (Chief Jenks)
13. CLOSED SESSION (EXECEPTIONS)
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. 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);
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.
14. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
15. Adjourn.
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 .
Carrie L. Smith, City Secretary
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.
Yi0W HOMETOWN
AGENDASUBJECT:
Approve July 12, 2016 Council Meeting Minutes
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
City Council - Work Session July 12 Minutes
City Council - Regular Session July 12 Minutes
Item No.5.a.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Carrie Smith
Exhibits: Yes
Upload Date Type
7/22/2016 Cover Memo
7/22/2016 Cover Memo
ANNA CITY COUNCIL
MINUTES
WORK SESSION
July 12, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the
following items:
1. Call to Order,
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
3. Discussion regarding FY 17 budget. (Clayton Fulton)
Staff reviewed the following departments, discussed department's base
budget, and supplemental budget requests
• Water
• Sewer
• Utility Billing
• Solid Waste
4. Briefing/Discussion regarding remodel of Natural Springs Park Barn
5. Briefing/Discussion item regarding Fiscal Year 2016 street
rehabilitation projects
6. 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).
July 12, 2016
CC Work Session Minutes
No executive session held.
7. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary.
No action.
8. Adjourn.
MOTION: Council Member Beazley moved to adjourn. Council Member
Martinez seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:31 p.m.
Approved on the 26th day of July, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 12, 2016
CC Work Session Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
July 12, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 7:33 p.m.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 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.
Tom Plunkett, 917 Colder Ct. — Thanked Public Works Director Joseph
Johnson for his prompt response to street issues.
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. Recognition of outgoing board members
Item was postponed to a future date.
July 12, 2016
CC Regular Session Minutes
b. City Manager Sanders acknowledge the Police and Fire
Department for the efforts during a youth drowning over the
Fourth of July holiday.
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 June 28, 2016 Council Meeting Minutes
b. Review of EDC Minutes from April 7, 2016 and May 5, 2016
c. Review of CDC Minutes from April 7, 2016 and May 5, 2016
d. Resolution approving a Development Plat of the Nichols
Addition
RESOLUTION NO. 2016-07-189 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
PLAT OF THE NICHOLS ADDITION
e. Resolution approving a Preliminary Plat of Anna ISD
Elementary School #3
RESOLUTION NO. 2016-07-190 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF ANNA ISD ELEMENTARY SCHOOL # 3.
f. Resolution approving a site plan of Anna ISD Elementary
School #3
RESOLUTION NO. 2016-07-191 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA
ISD ELEMENTARY SCHOOL # 3.
g. Resolution approving a Preliminary Plat of Pecan Grove
Phases II — IV.
RESOLUTION NO. 2016-07-192 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF PECAN GROVE PHASES II - IV.
h. Resolution approving a Preliminary Plat of the Anna 55 Acre
Tract
July 12, 2016 2
CC Regular Session Minutes
RESOLUTION NO. 2016-07-193 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY
PLATOF ANNA 55 ACRE TRACT.
Council Member Pelham requested Items i. and j. be removed from
consent.
MOTION: Council Member Bryan moved to approve consent items a.
through h. Council Member Miller seconded. Motion carried 6-0.
Council Member Pelham requested Items i. and j. be removed from
consent. Council Member Pelham confirmed with Planning Director
Schwanke that the Final Plats were consistent with the approved
Preliminary Plats.
i. Resolution approving a Final Plat of Avery Pointe Phase 2
RESOLUTION NO. 2016-07-194 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF
AVERY POINTE PHASE 2.
MOTION: Council Member Beazley moved to approve. Mayor Crist
seconded. Motion carried 6-0.
j. Resolution approving a Final Plat of Avery Pointe Phase 3
RESOLUTION NO. 2014-07-195 A RESOLUTION OF THE
CITY OF ANNA, TEXAS
AVERY POINTE PHASE 3.
APPROVING A FINAL PLAT OF
MOTION: Council Member Bryan moved to approve. Mayor Crist
seconded. Motion carried 6-0.
6. Conduct Public Hearing (2) for Annexation of a 32.295-acre tract of
land located in the Henry Smith Survey, Abstract No. 0823.
Mayor Crist opened the public hearing at 7:41 p.m.
No Comments.
Mayor Crist closed the public hearing at 7:41 p.m.
7. Conduct a Public Hearing and take action on an ordinance amending
PD 127-2004 by changing the zoning standards for Sweetwater
Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000
square feet lots). The property is located near the northeast corner of
SH 5 (Powell Pkwy.) and Rosamond Pkwy.
The City Council opened the public hearing on June 28 and continued
until July 12 at 7:30 p.m. Staff met with Mr. Hashem and provided two
July 12, 2016 3
CC Regular Session Minutes
additional alternatives for the Council to consider as possible
substitutes for the original rezoning request. The comparison of the
current zoning and the original rezoning request and the two alternates
are provided in Exhibit 7A.
During a special meeting on June 22nd, the Planning and Zoning
Commission voted 3 to 2 to recommend that this rezoning request be
denied. A vote of three -fourths of the Council Members present, or four
votes, whichever is greater, is required to overrule a recommendation
of the Commission that a proposed zoning amendment be denied.
Mayor Crist opened the public hearing at 7:50 p.m.
Allison Harper, 1902 Rodeo Dr. opposed the zoning changes.
Bryan Dodd, 1808 Rodeo Dr. opposed the zoning changes.
Judith Waldrop, 929 Bens Dr. opposed the zoning changes.
Developer Alan Hashem reviewed his proposed alternative changes.
(see exhibit 713)
Mayor Crist closed the public hearing at 8:14 p.m.
MOTION: Mayor Crist moved to approve zoning alternative 2. Council
Member Martinez seconded. Council Members John Beazley and Lee
Miller opposed. Motion failed 3-2. (A vote of three -fourths of the
Council Members present, or four votes, whichever is greater, is
required to overrule a recommendation of the Commission that a
proposed zoning amendment be denied.)
8. Conduct a Public Hearing and take Action on an Ordinance amending
the Anna City Code of Ordinances by repealing Part III -A (Subdivision
Regulations), Article 1, Section 16 (Building Permits Required in The
City's Extraterritorial Jurisdiction)
This Ordinance would repeal the Ordinance.
Mayor Crist opened the public hearing at 8:24 p.m.
No comments.
Mayor Crist closed the public hearing at 8:24 p.m.
MOTION: Council Member Beazley moved to approve. Council
Member Bryan seconded. Council Members Martinez, Miller and Crist
opposed. Motion failed 3-3.
9. Conduct a Public Hearing and take Action on an Ordinance amending
the Anna City Code of Ordinances by amending Part III -A (Subdivision
Regulations), Article 1, Section 16 (Building Permits Required in The
City's extraterritorial Jurisdiction)
July 12, 2016 4
CC Regular Session Minutes
This Ordinance would amend the fee Ordinance.
ORDINANCE NO. 720-2016 AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART 111-A (SUBDIVISION
REGULATIONS), ARTICLE 1, SECTION 16 (BUILDING PERMITS
REQUIRED IN THE CITY'S EXTRATERRITORIAL
JURISDICTION); PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Pelham moved to approve. Council
Member Miller seconded. Council Members Beazley and Bryan
opposed. Motion carried 4-2.
10. Consider/Discuss/Action regarding an appointment to the Anna Fire
and Rescue Auxiliary Association Inc. Board of Directors
MOTION: Council Member Pelham moved to appoint Chris Kown to
the Anna Fire Rescue Auxiliary Association Board in the position of
Director 3. Council Member Miller seconded. Motion carried 6-0.
11. Consider/Discuss/Action regarding a Resolution approving the FY
2017 Child Abuse -Family Violence Investigator grant application, and
naming the City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-196 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
3076601) FOR THE CHILD ABUSE/FAMILY VIOLENCE
INVESTIGATOR PROJECT TO THE OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION AND DESIGNATING
THE CITY MANAGER AS THE GRANT PROGRAM ATHORIZED
OFFICIAL.
MOTION: Council Member Pelham moved to approve. Council
Member Martinez seconded. Motion carried 6-0.
12. Consider/Discuss/Action regarding a Resolution approving the FY
2017 Radio Compliance Upgrade grant application and naming the
City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-197 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
3102501) FOR THE RADIO COMPLIANCE UPGRADE PROJECT
TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE
July 12, 2016 5
CC Regular Session Minutes
DIVISION AND DESIGNATING THE CITY MANAGER AS THE
GRANT PROGRAM ATHORIZED OFFICIAL.
MOTION: Council Member Martinez moved to approve. Council
Member Bryan seconded. Motion carried 6-0
13. Consider/Discuss/Action regarding a Resolution approving the FY
2017 School Resource Officer grant application and designating the
City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-198 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
2921201) FOR THE SCHOOL RESOURCE OFFICER PROJECT
TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE
DIVISION AND DESIGNATING THE CITY MANAGER AS THE
GRANT PROGRAM ATHORIZED OFFICIAL.
MOTION: Council Member Pelham moved to approve. Council
Member Beazley seconded. Motion carried 6-0
14. Consider/Discuss/Action regarding an Ordinance amending the Anna
City Code of Ordinances by Amending Part II (General Ordinances),
Article 50 Management of Public Rights -of -Way), Section 1
(Definitions) and Section 9 (Location of Utility Structures)
ORDINANCE NO. 721-2016 AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART 11 (GENERAL
ORDINANCES), ARTICLE 50 (MANAGEMENT OF PUBLIC
RIGHTS -OF -WAY), SECTION 1 (DEFINITIONS) AND SECTION 9
(LOCATION OF UTILITY STRUCTURES); PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Miller moved to approve. Council Member
Beazley seconded. Motion carried 6-0
15. 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
July 12, 2016 6
CC Regular Session Minutes
with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
The Council further reserves the right to enter into closed session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
No closed session held.
16. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
MOTION: Council Member Beazley moved to take no action. Council
Member Bryan seconded. Motion carried 6-0.
17. Adjourn.
MOTION: Council Member Bryan moved to adjourn. Council Member
Beazley seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 9:00 p.m.
Approved on the 26th day of July, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 12, 2016
CC Regular Session Minutes
7
I
Yi0W HOMETOWN
AGENDASUBJECT:
Review Quarterly Investment Report. (Clayton Fulton)
SUMMARY:
Item No.5.b.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits: Yes
In accordance with the Public Funds Investment Act, the City of Anna is required to submit a
quarterly report on the investment of all Public Funds held by the City. The attached report has
been developed with our investment advisors, Valley View Consulting, LLC. The report includes
the following:
Review of economic conditions
Review of the City's holdings
Comparison of book vs. market value
Allocation information
Other information related to the PFIA
STAFF RECOMMENDATION:
No action is required.
/_1ir_TS:I►yi14zI&I
Description Upload Date Type
FY 16 3rd Quarter Investment Report 7/21/2016 Cover Memo
The investor
ent P
City 1�1an�er
Finance D� c or
CITY OF ANNA, TEXAS
For the Quarter Ended
June 307 2016
Prepared by
Valley View Consulting, L.L.C.
rtfolio of the City of Anna is in compliance with the Public Funds Investment Act and the
and Strategies.
Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the
accuracy or completeness of this information. The market values included in these reports were obtained by Valley View
Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these
levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard
performance formulas, are not representative of total return yields, and do not account for investment advisor fees.
Summary
Quarter End Results by Investment Category:
June 30, 2016 March 31, 2016
Asset Type Ave. Yield Book Value Market Value Book Value Market Value
Bank DDA/MMA/NOW 0.55% $ 15,133,078 $ 15,133,078 $ 16,023,164 $ 16,023,164
TexPool 0.36% 262,823 262,823 262,596 262,596
3ecurities/CDs 0.65% 245,000 2451000 2481893 248,893
Totals $ 151640,901 $ 159640,901 $ 16,5349652 $ 16,534,652
Quarterly Average Yield (1)
Total Portfolio 0.55%
Rolling Three Mo. Treas. Yield 0.26%
Rolling Six Mo. Treas. Yield 0.42%
Quarterly Interest Income $ 22,335
Year-to-date Interest Income $ 687457
Fiscal Year -to -Date Average Yield (2)
Total Portfolio 0.55%
Rolling Three Mo. Treas. Yield 0.23%
Rolling Six Mo. Treas, Yield 0.3570
Quarterly TexPool Yield 0.29%
(1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory
fees.
(2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or
account for advisory fees.
Valley View Consulting, L.L.C.
Page 1.
Economic Overview
6/30/2010
The Federal Open Market Committee (FOMC) maintained the Fed Funds target range of 0.25% - 0.50% (actual Fed Funds tradingto 40 bps). The June FOMC meeting expressed concerns
over reduced economic expectation. First Quarter US GDP was revised up to +1.1 % (final revision). The June Non -Farm Payroll surged 287k new jobs, although other unemployment data
remained modest. The British "Brexit" vote to leave the European Union Global jolted the markets. The US Stock markets plunged, then recovered. Treasury yields dove on the flight to quality.
Taxable municipal bonds or CDs offer the best interest earnings opportunity, if available,
2.50
2.00
0.00
5.50
5.00
4.50
4.00
3.50
3.00
2.50
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June 30, 2015 March 31, 2016 June 30, 2016
US Treasury Historical Yields - Since 2006
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Valley View Consulting, L.L.C.
Page 2.
Detail of Holdings
June 30, 2016
Coupon/ Maturity Settlement
Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value days) Yield
Independent Bank 0.55% 07/01/16 06/30/16 $ 15,133,078 $ 15,133,078 1.000 $ 15,133,078 1 0.55%
TexPool AAAm 0.36% 07/01/16 06/30/16 2621823 262,823 1.000 262,823 1 0.36%
Texas Star Bank CD 0.65% 04/07/18 04/07/16 245,000 245,000 1.000 245,000 646 0.65%
$ 15,64%901 $ 15,640,901 $ 15,640,901 11 0.55%
(1) (2)
(1) Weighted average life -For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity.
(2) Weighted average yield to maturity -The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered.
The yield for the reporting month is used for pool and bank account investments.
Valley View Consulting, L.L.C.
Page 3.
Portfolio Composition
0.60
0.50
0.40
rn
m
0.30
U
N
0.20
0.10
0.00
Total Portfolio (Millions)
o\000A�\oo\o�\,�o\oo�,�o\oo�,�o
O '6p
Total Portfolio Performance
a�.13 Jn.13 eP,13 e�,13 a�,1� J�.1� eP.1�* e�,1�' a�.15 J�,15 eP.15 eo.15 at.16 J�,16
. TexPool Weighted Average Yield
Valley View Consulting, L.L.C.
Page 4.
Book Value Comparison
Description
Independent Bank
TexPool
Texas Star Bank CD
Texas Star Bank CD
TOTAL
Coupon/
Discount
Maturity
Date
March 31, 2016
Par Value Book Value
June 30, 2016
Purchases/
Sales/Adjust/
stments Maturities Par Value Bank Value
0.55% 07/01/16
0.36% 07/01/16 2625596 2623596 227 2623823 262,823
0.90% 04/07/16 2487893 248,893 (248)893) — —
0.65% 04/07/18 — — 2457000 2453000 245,000
$ 16,5347652 $ %534,652 $ 2459227 $ (1,138,978) $ 15,640,901 $ 15,6409901
16023164 $ 16023164
Market Value Comparison
March 31, 2016
Coupon/ Maturity
Description Discount Date Par Value Market Value
Independent Bank 0,55% 07/01/16 $ 16,023,164 $ 16,0237164
TexPool 0.36% 07/01/16 2623596 262,596
June 30, 2016
Qtr to Qtr
Change Par Value Market Value
$ (8903086) $ 153133,078 $ 153133,078
227 262,823 262, 823
Texas Star Bank CD 0.90% 04/07/16 248,893 248,893 (248,893)
Texas Star Bank CD 0.65% 04/07/16 — — 245,000
TOTAL
$
16,534,652 $ 16,534,652
245,000
245
,000
$ (893,751) $ 15,640,901 $ 15,640,901
Page 5.
Valley View Consulting, L.L.C.
Allocation
Book &Market Value
Independent Bank $
TexPool
Texas Star Bank CD
Totals
Tota
15,133,078
262,823
245,000
15.640.901
General
Operating
$ 11548,476
2069181
122,500
1.877.157
General
Fund =
Restricted
$ 67,383
67,383
Debt Service
Fund =
General
$ 2441254
244,254
General
Capital
Projects
$ 423723
742.723
Utilities
Operating
$ 4,448,899
122,500
4.571.399
Utilities
Funds =
Restricted
$ 6,652,501
56,642
$
6,709,142
June 3®, 2016
EDC
$ 840,112
840,112
CDC
$ 5883732
585,732
Valley View Consulting, L.L.C.
Page 6.
Allocation
March 31, 2016
General Debt Service General Utilities
General Fund - Fund - Capital Utilities Funds -
Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC
Independent Bank $ 16,023,164 $ 15935,783 $ 68,198 $ 230,600 $ 589,030 $ 4,106,783 $ 77812,593 $ 7607794 $ 519,384
TexPool 2623596 2067003 561593
Texas Star Bank CD 248,893 124,446 124,446
Totals $ 16,534,652 $ 2,2665232 $ 682198 $ 230,600 $ 589,030 $ 49231,229 $ 7,869,186 $ 760,794 $ 5197384
Page 7.
Valley View Consulting, L.L.C.
Item No.5.c.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Chief Jenks
Exhibits: Yes
AGENDASUBJECT:
Resolution approving an I nterlocal Agreement with Collin County for Jail Services. (Chief Jenks)
SUMMARY:
The Police Department utilizes, through agreement, the Collin County Jail for all of the jail service
needs that arise from the enforcement of laws by the Anna Police Department's Officers. The
attached Resolution extends the term of the Agreement through September 30, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution extending the jail services agreement with Collin
County.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving 2017 Jail Services Agreement 7/21/2016 Resolution Letter
2017 Jail Services Agreement 7/8/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR JAIL SERVICES
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that
renewal of the Interlocal Agreement for jail services with Collin County will help preserve
and protect the public health and safety of the City's residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Agreement
The City Council hereby approves the Interlocal Jail Services Agreement attached
hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution
of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST:
Carrie L. Smith, City Secretary
APPROVED:
Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1
Interlocal Jail Services Agreement
This agreement is entered into on the day of , 2016, by
and between the City of Anna ("City") and Collin County, a political subdivision
of the State of Texas ("County").
Recitals
The County operates the Collin County Jail in accordance with Chapter 351, Texas Local
Government Code.
2. The County operates the County Jail for the confinement of persons accused or convicted
of an offense.
3. The City desires to obtain certain jail services from the County to be performed for the
City to insure the confinement of persons accused or convicted of an offense.
Therefore, under the authority of the Interlocal Cooperation Act.,., Chapter 791, Texas
Government Code, the parties agree as follows:
Section 1. Definitions
1.01 Jail Services
The term "jail services" means all services legally necessary to provide for the confinement in
the Collin County Jail of persons accused or convicted of an offense.
Section 2. Term
2.01 Term
The term of this Agreement shall be for a period of one (1) year ending September 30, 2017
and may be renewed for an additional one (1) year term as agreed in writing by both parties.
2.02 Termination
Either party may terminate this Agreement by giving ninety (90) days written notice to the
other party.
Section 3. Services
Services to be Provided
The County agrees to provide to City jail services necessary for the confinement of persons
accused or convicted of an offense, subject to the availability of space at the County jail at the
time the City requests jail services. For the purposes of this Agreement, space shall be
deemed to be unavailable when the Collin County Jail is filled to 100% of its capacity.
Section 4. Non -Exclusivity of Service Provision
The parties agree that the County may contract to perform services similar or identical to
those specified in this Agreement for such additional governmental or public entities as the
County, in its sole discretion, sees fit.
Section 5. Compensation
5.01 Basic Charge
The City shall pay the County a Basic Charge of $69.79 per day or part of a day per inmate
that the City requests be confined, and who is confined, in the County jail. If an inmate is
arrested on the City's warrant by another agency and transported to the Collin County Jail, the
City will not be charged if the inmate is released to the City within four (4) hours.
5.02 Additional Charges
In addition to the Basic Charge, the City shall pay County additional charges to reimburse
County for expenses associated with providing jail services to inmates. These charges
include, but are not limited to the following: charges for providing health care services,
including medical, hospital and dental services to inmates.
5.03 Billing
The County shall bill the City monthly for jail services provided under this Agreement. The
City agrees to pay the bills within thirty (30) days of the billing date.
5.04 Cost of Additional Charges
Charges billed to the City for services under Section 5.02 of this Agreement shall be at the
cost to the County of providing those services to the inmates.
5.05 Source of Payment
The City agrees that payments it is required to make under this Agreement shall be made out
of the City's current revenues.
Section 6. Lawful Arrest and Detention
The parties agree that the City will comply with all federal, state and local laws regarding
conditions precedent to arrest and detention including, but not limited to, determinations of
probable cause and other requirements necessary for lawful arrest and detention. Further, the
parties agree that the City is solely responsible for compliance with pre detention procedures
and that the City will hold the County harmless from any liability, including, but not limited
to, obligations, costs, claims, judgments, attorneys' fees, and attachments, caused by or
flowing from failure by the City to comply with conditions precedent to lawful arrest and
detention.
Section 7. Procedures
7.01 Delivery and Release of Inmates
The City agrees to comply with all County rules and procedures regarding jail security in
delivering inmates to the Collin County Jail and receiving inmates to be released.
7.02 Removal on Termination
The City agrees to remove all persons confined on the City's behalf in the Collin County Jail
pursuant to this Agreement at least one (1) day prior to the date of termination of this
Agreement.
Section 8. Civil Liability
Any civil liability relating to the furnishing of services under this Agreement shall be the
responsibility of the City. The parties agree that the County shall be acting as agent for the
City in performing the services contemplated by this Agreement.
The City shall hold the County free and harmless from any obligation, costs, claims,
judgments, attorneys' fees, attachments, and other such liabilities arising from or growing out
of the services rendered to the City pursuant to the terms of this Agreement or in any way
connected with the rendering of said services, except when the same shall arise because of
the willful misconduct or culpable negligence of the County, and the County is adjudged to
be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction.
Section 9. Amendment
This Agreement shall not be amended or modified other than in a written agreement signed
by the parties.
Section 10. Controlling Law
This Agreement shall be deemed to be made under, governed by, and construed in
accordance with, the laws of the State of Texas.
Section 11. Notices
11.01 Form of Notice
Unless otherwise specified all communications provided for in this Agreement shall be in
writing and shall be deemed delivered whether actually received or not forty-eight (48) hours
after deposit in the United States mail, first class, registered or certified, return receipt
requested, with proper postage prepaid or immediately when delivered in person.
11.02 Addresses
All communications provided for in this Agreement shall be addressed as follows:
(a) if the County, to:
Keith Self, County Judge
Collin County Administration Bldg
2300 Bloomdale Road
McKinney, Texas 75071
(b) if to the County, Copy to:
Sheriff Terry G. Box
Collin County Sheriff's Office
4300 Community Ave.
McKinney, Texas 75071
(b) if the City, to:
or to such person at such other address as may from time to time be specified in a notice
given as provided in this Section 11. In addition, notice of termination of this Agreement by
the City shall be provided by the City to the County Judge of Collin County as follows:
The Honorable Keith Self
Collin County Judge
Collin County Administration Bldg.
2300 Bloomdale Road
McKinney, Texas 75071
Section 12. Resolution of Disputes
Should a dispute arise out of this agreement, County and City shall first attempt to
resolve it through direct discussions in a spirit of mutual cooperation. If the Parties'
attempts to resolve their disagreements through negotiations fail, the disputes will be
mediated by a mutually acceptable third party to be chosen by County and City within
fifteen (15) days after written notice by one Party to the other demanding mediation
under this section. The County and City shall share equally in the costs of the
mediation. The purpose of this Section is to reasonably ensure that County and City
shall in good faith utilize mediation or another non -binding dispute resolution process
before pursuing litigation. A Party's participation in mediation or another non -binding
dispute resolution process shall not be construed as a waiver by a Party of (1) any
rights, privileges, defenses, remedies or immunities available to a Party; (2) a Party's
termination rights; or (3) other termination provisions or expiration dates provided
herein.
Section 13. Captions
The headings to the various sections of this Agreement have been inserted for convenient
reference only and shall not modify, define, limit or expand the express provision of this
Agreement.
Section 14. Counterparts
This Agreement may be executed in counterparts, each of which, when taken separately, shall
be deemed an original.
Section 15.. Obligations of Condition
All obligations of each party under this Agreement are conditions to further performance of
the other party's continued performance of its obligation under the Agreement.
Section 16.. Exclusive Right to Enforce this Agreement
The County and the City have the exclusive right to bring suit to enforce this Agreement, and
no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this
Agreement.
Section 17. Prior Agreements Superseded
This Agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understanding or written oral agreements between the parties respecting the services
to be provided under this Agreement.
In witness whereof, the parties hereto have executed this Agreement as of the day and year
first above written.
"County"
Collin County, Texas
Date:
Keith Self, County Judge
"City"
City of , Texas
By: Date:
I
y{OUR) HOMETOWN
AGENDASUBJECT:
Item No.5.d.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Maurice Schwanke
Exhibits: Yes
Resolution approving a Replat of Sister Groves Estates, Lots 1, 2, and 3. (Maurice Schwanke)
SUMMARY:
Hannibal Shelton Boone and Van Lawrence have submitted an application for approval of a Replat
of lots 1, 2, and 3, the Sister Grove Estates. The property consists of approximately 4.053 acres
of land that is located north of Sam Rayburn Hwy and east of the Collin County Outer Loop. The
purpose of the re -plat is to take the three (3) existing lots and turn it into 1 lot. The property is
zoned as SF-E (Single Family Large Lot - Residential). The submittal meets the City of Anna plat
requirements. The Planning and Zoning Commission has recommended approval of this Replat.
STAFF RECOMMENDATION:
Staff recommends approval of the Replat.
ATTACHMENTS:
Description
Location Map
Resolution
Sister Grove Estates Re -plat (Exhibit 1)
Upload Date
Type
7/5/2016
Backup Material
7/21 /2016
Resolution Letter
7/5/2016
Exhibit
417
19
ii.ii.ii.ii.ii.ii
NTY OUTER LOOP
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473
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF LOTS 1,
2, & 3, SISTER GROVE ESTATES.
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, Hannibal Shelton Boone and Van Lawrence have submitted an application for
approval of the re -plat of lots 1, 2, and 3, the Sister Grove Estates 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 Re -Plat
The City Council hereby approves the Re -plat of lots 1, 2, and 3, of the Sister Grove Estates
attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t", day
of July, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
OWNER'S CERTIFICATE
STATE OF TEXAS )(
COUNTY OF COLLIN )(
�I
)KL❑T 5
� )K30' DE
N 89*09'17" E 21.90'
II
S 75*4838" E 33.14'
33,45'
80*24,37 E
n
BEGINNING --a—(
1/2 INCH L❑❑D�'�\`O
IR❑N PIN SET E�
NORTHWEST CORNER
LOT 3 I I / \ ` 1/2-INCH \
SISTER GROVE ESTATES I )K30' \ \ IR❑N PIN \
SET \ \
APPROX. L❑CATI❑N BOUNDARY ❑F DE \\ \\ C❑NTR❑LLING \ \
100 YEAR FLOOD PLAIN ACC❑RDING I \ \ MONUMENT \
TO FEMA MAP NO. 48085C0160J, I \ \
DATED 6-2-2009
*7.5' D&UE ��, ti\\ \ X40DRIVEWAY, D&UE \
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20060823001212870
R❑❑ ALUMINUM
WITH \
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05
Wi o�\ j
QQ� co /
p o I 1/2-INCH
�zl IR❑N PIN SET
SOUTHEAST CORNER
LOT 3
�c) SISTER GROVE ESTATES
C❑NTR❑LLING
MONUMENT
C P
1/2-INCII
IR❑N PIN SET
/ I
p.
S 30002
� 2
WHEREAS Hannibal Shelton Boone and Van Lawrence are the owners of a tract of land situated in the City of Anna, Collin
County, Texas, being in the Hiram Brinlee survey, abstract no. 30, being a survey of part of Lots 1, 2 & 3 of Sister Grove Estates,
recorded in volume N. page 37 of the plat records of Collin County, Texas; being described by metes and bounds as follows:
BEGINNING at a %cinch iron pin set at the northwest comer of said Lot 3;
THENCE easterly with the north line of said Lot 3 as follows:
North 89009'170 East, 21.90 feet;
South 75048'38" East, 33.14 feet;
North 80*24'37" East, 33.45 feet to the northeast comer of said Lot 3; a Yr-inch iron pin set bears South 26*17'35" East,
50.00 feet;
THENCE South 26017'35" East, with the east line of said Lot 3, 626.26 feet to an iron pin found with an aluminum cap at the
northeast comer of the 1.079 acre tract recorded as clerk's file no. 20131028001467990; same being in the northwest right-of-way
line of State Highway 121;
THENCE South 51028'42" West, with the northwest right-of-way line of said State Highway 121 and the southeast line of said
1.079 acre tract, 456.98 feet to a Inch iron pin set at the northwest comer of said 1.079 acre tract; same being in the west line of
said Lot 1;
THENCE North 00"27'55" West, with the west line of said Lot 1, passing the north comer of said Lot 1 and the southwest
comer of said Lot 2 at 380.06, continuing with the west line of said Lot 2, passing the north comer of said Lot 2 and the southwest
comer of said Lot 3 at 703.67 feet and continuing with the west line of said Lot 3, in all, 848.34 feet to the PLACE OF BEGINNING
and containing 4.053 acres.
STATE OF TEXAS )(
COUNTY OF COLLIN )(
NOW, THEREFORE, KNOW ALL MEN BY THESES PRESENTS:
That, Hannibal Shelton Boone and Van Lawrence do hereby adopt this plat designating the herein above described property as
AMENDING PLAT OF LOT 1 R, SISTER GROVE ESTATES, BEING A REPLAT OF LOTS 1, 2 & 3, SISTER GROVE ESTATES, an
addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown
thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for
the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and
accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said
use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall
have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths
which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said
easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their
respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding
to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone.
WITNESS my hand
Hannibal Shelton Boone, Owner
Texas, this the day of
2016.
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared Hannibal Shelton Boone,
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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
Van Lawrence, Owner
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared Van Lawrence, 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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
SURVEYOR'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENT:
That I, G. M. Geer do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate
survey of the land and that the comer monuments shown thereon were properly placed under my personal supervision.
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE
AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT
G. M. Geer, Registered Professional Land Surveyor, No. 4117
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared G. M. Geer 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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
Approved this day of , 2016, by the City Council of the City of Anna, Texas.
Mayor
City Secretary
BEARING BASE: EAST LINE OF LOT 3, SISTER GROVE
ESTATES, VOLUME N, PAGE 37 C❑LLIN COUNTY PLAT
RECORDS,
L E 6 E N D
D&UE DRAINAGE & UTILITY EASEMENT
DE DRAINAGE EASEMENT
X DENOTES ITEM SEEN ON PLAT OF SISTER GROVE
ESTATES, VOLUME N, PAGE 37 C❑LLIN COUNTY
PLAT RECORDS
MIMI=
1 "= 60'
60' 0' 60' 120'
Graphic Scale In Feet
FIRM: GEER SURVEYING & ENGINEERING
FIRM REGISTRATION # 10082100
AMENDING PLAT
,Slater urove Estates
rry�Ilh
BEING A REPLA T OF LOTS 1, 2 & 3
SISTER GR0 VE ES TA TES
4.053 ACRES IN
0WNER.-
HANNISAL SHEL TON BOONE
9617 SOLANA VISTA
Austin, Texas 78750-8558
THE HIRA M BRINL EE SURVEY,
COLLIN COUNTY, TEXAS
OWNER.
VAN LA WRENCE
5734 LAW WINCE LANE
McKinne)l, Texas 75071
ABSTRACT 30
SURVEYOR.•
G. M. GEER
1101 WEST UN/ VERSI TY DRI VE
McKinney, Texas 75069
(972) 562-3959
DATE.- JUNE 8, 2016
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.5.e.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Joseph Johnson
Exhibits: None.
Authorize the City Manager to solicit bids for the Fiscal Year 2016 Street Rehabilitation Project.
(Joseph Johnson)
SUMMARY:
Staff is requesting Council authorization to solicit bids for the Fiscal Year (FY) 2016 Street
Rehabilitation Project. Staff is recommending Fern Street as the FY 2016 project. Fern Street is an
asphalt road approximately 1,300 linear feet in length that intersects SH 5 just south of the Anna
Middle School. We estimate that the project will cost approximately $120,000. Staff is proposing to
complete the project in phases as funds remaining in the current fiscal year budget are not
sufficient to complete the entire project. We are proposing to time the project so that we would
commence Phase 1 of the project prior to the end of the 2016 fiscal year and finish Phase 2 of the
project within the first two weeks after the beginning of the 2017 fiscal year. Phase 1 would consist
of milling, haul -off and subgrade stabilization. Phase 2 would consist of installing the asphalt
material. Funding in the amount of $80,000 is available in the current fiscal year and funding is
expected to be available in the 2017 fiscal year to complete the project.
STAFF RECOMMENDATION:
Staff recommends approval of this item authorizing the City Manager to solicit bids for the Fiscal
Year 2016 Street Rehabilitation Project.
ATTACHMENTS:
Description Upload Date Type
Fern Street Exhibit 7/19/2016 Exhibit
Street Rehabilitation — FY 16
— FY / 6 Recommended Project —
1. Fern — 1.300 linear feet
2. Valley gutter in street
3. FY 16 recommended project
4. Funding strategy — FY 16 and FY 17 funds
Ann
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.6.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Joseph Johnson
Exhibits: Yes
Consider/Discuss/Action on a Resolution approving an amendment to the Potable Water Pass
Through & Pumping Agreement with the City of McKinney. (Joseph Johnson)
SUMMARY:
The Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed in 2007 to serve water to
the Cities of Howe, Van Alstyne, Anna and Howe. This pipeline provides the City of Anna with a
secondary source of potable water (surface water) to supplement the production of our wells.
During the planning phases of the project, the Greater Texoma Utility Authority (GTUA) reached an
agreement with the North Texas Municipal Water District ("NTMWD") to purchase potable water on
the north side of McKinney. However, the NTMWD did not have a major transmission line in the
area which ultimately led to discussions with the City of McKinney of purchasing the water from
NTMWD and paying McKinney a fee to pass the water through their system for delivery to the
CGMA system.
This was a temporary measure as it was understood that NTMWD would be building a transmission
line in the vicinity of the CGMA pump station in the coming years. As development slowed after the
economic downturn beginning around 2007, the plans for constructing this pipeline slowed down
as well. The NTMWD's transmission line is currently under design and scheduled to be complete in
May of 2018.
The agreement reached with McKinney expires in September of 2016 which necessitated the
pursuit of an extension to our existing pass through agreement that will keep us under contract until
we can receive water from NTMWD directly. The proposed amendment has no substantial
changes from the existing contract as it was focused on extending the contract to September 30,
2019 or until we have a connection with NTMWD, whichever is sooner.
GTUA and the City of McKinney have already approved the amendment and are now requesting
that each CGMA City also approve it.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and amendment.
ATTACHMENTS:
Description Upload Date Type
Resolution 7/21/2016 Resolution Letter
Contract Amendment (Exhibit 1) 7/8/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
TO THE POTABLE WATER PASS THROUGH & PUMPING AGREEMENT WITH THE
CITY OF MCKINNEY.
WHEREAS, the Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed
in 2007 to serve water to the Cities of Howe, Van Alstyne, Anna and Howe; and
WHEREAS, during the planning phases of the project, the Greater Texoma Utility
Authority ("GTUA") reached an agreement with the North Texas Municipal Water District
("NTMWD") to purchase potable water on the north side of McKinney; and
WHEREAS, the agreement reached with McKinney expires in September of 2016 which
necessitates an extension to the existing pass through agreement; and
WHEREAS, the proposed amendment extends the contract to September 30, 2019 or
until the CGMA pipeline is connected to the NTMWD system, whichever is sooner;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Amendment to Interlocal Agreement
The City Council hereby approves an amendment to the Second Amendment to Greater
Texoma Utility Authority - City of Mckinney Potable Water Pass Through & Pumping
Agreement, attached hereto as Exhibit 1, and authorizes, ratifies and approves the
Mayor's execution of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
GREATER TEXOMA UTILITY AUTHORITY
5100 Airport Drive
Denison TX 75020
Ph. (903) 786-4433
Fax (903) 786-8211
gtua@gtua.org
MEMO
TO: Collin Grayson Municipal Alliance Members
(see distribution list below)
FROM: Drew Satterwhite, P.E.
General Manager
DATE: June 30, 2016
RE: Amendment to the Potable Water Pass Through & Pumping Agreement with the City of
McKinney
The Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed in 2007 to serve water to
the Cities of Howe, Van Alstyne, Anna and Howe ("Cities"). During the planning phases of the
project, the Greater Texoma Utility Authority ("Authority") reached an agreement with the North
Texas Municipal Water District ("NTMWD") to purchase potable water on the north side of
McKinney. However, the NTMWD did not have a major transmission line in the area which
ultimately led to discussions with the City of McKinney of purchasing the water from NTMWD and
paying McKinney a fee to pass the water through their system for delivery to the CGMA system.
This was a temporary measure as it was understood that NTMWD would be building a transmission
line in the vicinity of the CGMA pump station in the coming years. As development slowed down
after the economic downturn beginning around 2007, the plans for constructing this pipeline
slowed down as well. The NTMWD's transmission line is currently under design and scheduled to
be complete in May of 2018. The agreement reached with McKinney expires in September of 2016
which necessitated the pursuit of an extension to our existing pass through agreement that will
keep us under contract until we can receive water from NTMWD directly.
The proposed amendment has no substantial changes from the existing contract as it was focused
on extending the contract to September 30, 2019 or until we have a connection with NTMWD,
whichever is sooner. The Authority and the City of McKinney have already approved the
amendment and we are now requesting that you place this on your next council agenda for
approval. We have provided 6 signature pages for your respective City and after we receive all
signature pages, we will compile an original contract for all parties to the agreement. Please let
me know if you would like for me to attend the council meeting at which your council plans to
consider this agreement.
DKS
Distribution: Melissa — Mayor Reed Greer, City Manager Jason Little
Anna — Mayor Mike Crist, City Manager Phillip Sanders
Van Alstyne — Mayor Larry Cooper, City Manager Frank Baker
Howe — Mayor Jeff Stanley, City Administrator Joe Shephard
Don Paschal — CGMA Facilitator
Attachments: Second Amendment to Greater Texoma Utility Authority— City of McKinney Potable
Water Pass Through & Pumping Agreement
SECOND AMENDMENT
TO
GREATER TEXOMA UTILITY AUTHORITY — CITY OF MCKINNEY
POTABLE WATER PASS THROUGH & PUMPING AGREEMENT
Effective Date: May 3, 2016
THIS SECOND AMENDMENT, is made and entered into effective the 3rd day of May, 2016 to
that one certain Original Agreement dated effective the 30th day of November, 2004, which
Agreement was subsequently amended August 20, 2006 (collectively the "Amended
Agreement") by and between the CITY OF McKIAWEY, TEXAS, a municipal corporation,
hereinafter called the "City," and the GREATER TEXOMA UTILITY AUTHORITY,
hereinafter called "GTUA," provides:
1. Section 8 of the Amended Agreement shall be amended to read as follows:
RATE FOR WATER DELIVERED BY AGREEMENT IN EXCESS OF
MAXIMUM. During the amended term hereof, McKinney and GTUA may
agree to the delivery by McKinney of additional volumes of water, in excess of
those described in Column 2, Exhibit B, as amended. The rate for any amounts
delivered under this Section 8 shall be as depicted on Columns 3 and 4, Exhibit B,
as amended.
2. Section 10 (e), of the Amended Agreement shall be amended to read as follows:
e. Remedies for NTMWD's Failure to Commence Construction of Delivery
Point. McKinney shall have the unilateral right to terminate this Amended
Agreement if by January 1, 2018 NTMWD has failed to initiate, in
McKinney's sole determination, sufficient plans for design, funding, and
construction of the NTMWD-GTUA delivery point contemplated by this
Amended Agreement. Upon such determination by McKinney and after 180
days written notice to GTUA, this Amended Agreement shall terminate;
however, GTUA shall have the continuing obligation to transfer the New
Transmission Line under Section 10 (a) if such line was has been constructed.
3. Section 12 of the Amended Agreement shall be amended to read as follows:
TERM OF AGREEMENT. So long as no default shall exist, McKinney shall
exercise its best efforts to complete the design and necessary utility infrastructure
to effectuate this Amended Agreement, which if completed shall have a primary
term commencing on December 31, 2006 (or sooner if McKinney completes the
necessary utility infrastructure) and continue in force and effect until its
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 1 of 8
termination on September 30, 2019 (or thirteen [13] years after the
commencement date whichever is sooner), unless:
McKinney agrees to extend the Amended Agreement on a year-to-year basis if 1)
McKinney determines, in its sole discretion, that it has available capacity for any
requested extension term after September 30, 2019, 2) the increased volumes
requested are not more than 2.5 MGD over the previous year's volumes, and 3)
GTUA agrees to a price for water delivery which is not less than 150% more than
the previous year's Base Cost; however in no event shall the agreement be
extended without the mutual agreement to the then existing timeline for the
pending the completion of a new NTMWD transmission facility designed to
provide service to GTUA; however in no event shall this Agreement be extended
more than three (3) consecutive one-year extensions; OR,
NTMWD completes construction of an adequate transmission facility designed to
serve GTUA prior to the termination of this Amended Agreement, such as the
transmission facility contemplated by NTMWD and the City of McKinney as a
component of the planned McKinney Delivery Point # 4. In such event, this
Amended Agreement shall be immediately terminated upon the connection of the
NTMWD transmission line to the GTUA Point of Delivery and upon final
payment for any costs incurred by GTUA to McKinney under this Amended
Agreement.
This SECOND AMENDMENT to the Potable Water Pass Through and Pumping Agreement
shall be effective as of May 3, 2016.
IN WITNESS WHEREOF, the CITY OF McKINNEY, TEXAS has caused this SECOND
AMENDMENT to be signed and executed in its behalf by its Interim City Manager, and duly
attested by its City Secretary, and the GTUA has signed and executed this Agreement, both in
duplicate, as of the dates written below.
[signatures on the following pages]
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 2 of 8
GREATER TEXOMA UTILITY AUTHORITY
Denison, Texas
President, Board of Directors
Attest:
GREATER TEXOMA UTILITY AUTHORITY
Denison, Texas
Secretary, Board of Directors
Accepted and agreed to:
Tom Muehlenbeck
Interim City Manager
City of McKinney, Texas
Attest:
SANDY HART, TRMC, MMC
City Secretary
City of McKinney, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 3 of 8
[Signatures below are needed]
Printed Name:
Mayor
City of Anna, Texas
Attest:
Printed Name:
City Secretary
City of Anna, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 4 of 8
Printed Name:
Mayor
City of Melissa, Texas
Attest:
Printed Name:
City Secretary
City of Melissa, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 5 of 8
Printed Name:
Mayor
City of Howe, Texas
Attest:
Printed Name:
City Secretary
City of Howe, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 6 of 8
Printed Name:
Mayor
City of Van Alstyne, Texas
Attest:
Printed Name:
City Secretary
City of Van Alstyne,
Texas
PREPARED IN THE OFFICES OF:
BROWN & HOFMEISTER, L.L.P.
740 East Campbell Road, Suite 800
Richardson, Texas 75081
214/747-6100
214/747-6111 Fax
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 7 of 8
Exhibit B to Amended Agreement
[to include the entire text from Amended Agreement including the revised Columns 2-4]
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 8 of 8
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.7.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits:
Presentation of the Proposed FY 16-17 annual budget. (Clayton Fulton)
SUMMARY:
Staff will present a draft of the FY 17 budget. The draft budget will be a condensed version of the
final budget as the formatting, layout, and supporting materials are finalized. All substantive
budgetary information will be presented during this meeting.
Staff will present a review of the entire budget including the supplemental requests highlighting
what is recommended for funding.
Staff anticipates receiving the certified taxable values from the Collin CAD no later than Friday July
22nd; however, the statutory deadline for the CAD to certify is Monday July 25th. Staff intends to
present the certified values during the budget presentation. Paper copies of the draft budget will
be provided at the meeting.
STAFF RECOMMENDATION:
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.8.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits:
Consider/Discuss/Action regarding a Resolution setting the date, time, and place for a Public
Hearing on the FY 16-17 annual budget. (Clayton Fulton)
SUMMARY:
City Charter requires the City Council to name the date and place of a public hearing on the
budget. The Charter further requires that the public hearing be published in the official newspaper
at least twice. Staff will work with the Anna Melissa Tribune to publish notice of the hearing on
August 4th and again on August 11 th
Staff recommends that the public hearing on the FY 2017 Budget be held at 7:30 p.m. on August
23, 2016 at Anna City Hall.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution 7/21/2016 Resolution Letter
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, NAMING THE DATE AND PLACE
OF A PUBLIC HEARING ON THE FY 2016-2017 BUDGET.
WHEREAS, Section 7.02 of the City of Anna, Texas (the "City") Home Rule Charter (the
"Charter") states that on or before the 15th day of August of the fiscal year, the City
Manager must submit to the City Council a budget for the ensuing fiscal year; and
WHEREAS, Section 7.05 of the Charter further states that at the Council meeting
when the budget is submitted, the City Council must name the date and place of the
public hearing on the budget;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes
Section 2. Appointment of City Secretary.
The Council hereby sets August 23, 2016 at 7:30 p.m. as the date and time for the public
hearing on the FY 2016-2017 budget, said hearing to be held in the City Council
Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas.
The Council further directs that notice of the time and place of the public hearing be
published in the official newspaper of the City as required in Section 7.05 of the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.9.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits:
First reading of a Resolution authorizing the Anna Community Development Corporation to
undertake a project related to a real estate sales contract to purchase land generally located at the
NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
SUMMARY:
The economic development boards have been pursuing a land purchase for several months. The
land is generally located at the Northeast corner of hwy. 5 and the Collin County Outer Loop. The
intent of the development corporations is to market the land as a Business Park to increase
employment in Anna and diversity the tax base. The proposed financing plan includes cash
investments by the CDC and the EDC as well as issuance of CDC sales tax revenue bonds.
The resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit A). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Two readings of the Resolution are required prior to adoption. This is the first reading of the
Resolution. The presiding officer should read the following:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNAAPPROVING AND AUTHORIZING
A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION"
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.10.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits:
Second reading of a Resolution authorizing the Anna Community Development Corporation to
undertake a project related to a real estate sales contract to purchase land generally located at the
NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
SUMMARY:
The economic development boards have been pursuing a land purchase for several months. The
land is generally located at the Northeast corner of hwy. 5 and the Collin County Outer Loop. The
intent of the development corporations is to market the land as a Business Park to increase
employment in Anna and diversity the tax base. The proposed financing plan includes cash
investments by the CDC and the EDC as well as issuance of CDC sales tax revenue bonds.
The resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit A). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Two readings of the Resolution are required prior to adoption. This is the second reading of the
Resolution. The presiding officer should read the following:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT BY THE
ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC
DEVELOPMENT CORPORATION"
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.11.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits: Yes
Consider/Discuss/Action regarding a Resolution authorizing a project related to a real estate sales
contract by the Anna Community Development Corporation and the Anna Economic Development
Corporation to purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
SUMMARY:
The City's economic development corporations have negotiated a contract to purchase an 85-acre
tract of land generally located at the Northeast corner of SH 5 (Powell Parkway) and the Collin
County Outer Loop. The Corporations intend to develop the land as a business park that will
increase employment in Anna and diversity the tax base. The proposed financing plan includes
cash investments by the Anna Community Development Corporation (CDC) and the Anna
Economic Development Corporation (EDC) as well as issuance by the CDC of sales tax revenue
bonds for the remainder of the purchase price.
The Resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit E). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution EDC CDC Real Estate Sales Contract 7/20/2016 Resolution Letter
Real Estate Sales Contract (Exhibit E) 7/20/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT
BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE ANNA
ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the Anna Community Development Corporation (the "CDC") and the
Anna Economic Development Corporation (the "EDC") were created by the City of
Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4A
and 4B, and now operate under Texas Local Government Code, Title 12, Subchapter
C-1 (the "Act"); and
WHEREAS, the CDC and the EDC intend to purchase and use, maintain, and
dispose of a certain tract of real property described in the attached EXHIBIT E (the
"Project") found by the CDC Board of Directors and the EDC Board of Directors
(collectively, "Corporations' Boards") to promote new or expanded business
development; and
WHEREAS, the Corporations' Boards have found that the Project and the written
agreement and associated documents necessary to purchase the subject property are
in the financial interests of the CDC and EDC; and
WHEREAS, the City Council, after considering the Project and giving this resolution two
separate readings, is in agreement with the above -referenced findings of the CDC and
the EDC and by this resolution authorizes the Project; and
WHEREAS, the above -referenced purchase will be financed with sales tax revenue
obligations to be issued by the Anna CDC Corporation and paid from sales tax
revenues and other resources of the Corporations;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL,
THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization of Project
The City of Anna City Council hereby authorizes the Project and approves of the
authorized representative(s) of the CDC and EDC to enter into a Real Estate Sales
Contract (the "Agreement") attached hereto as EXHIBIT E. The City of Anna City
Council further approves of the authorized representative(s) of the CDC and EDC to
execute any associated documents necessary to consummate the purchase of the
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
property that is the subject of the Agreement and to use, maintain and dispose of said
property in accordance with the Act.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2016.
APPROVED:
City Secretary, Carrie L. Smith
ATTEST:
Mayor, Mike Crist
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
Real Estate Sales Contract
This contract to buy and sell real property is between Seller and Buyer as identified below and is effective
on the date ('Effective Date") of the last of the signatures by Seller and Buyer as parties to this contract. Buyer
must deliver the Earnest Money to Title Company before the Earnest Money Deadline provided in section A.1. for
this contract to be effective.
Seller:
Harlan Properties, Inc.
Address:
2404 Texas Dr Ste 103
Irving, TX 75062-7011
c/o Suresh Shridharani
Phone:
(972) 659-0655 x 1 10
Type of entity:
Texas Corporation
Buyer: Anna Economic Development Corporation and
Anna Community Development Corporation or Assigns
Address: I I I N. Powell Parkway
P.O. Box 776
Anna, TX 75409-0776
c/o Jessica Perkins
Phone: (972)924-3325
Type of entity: Anna Economic Development Corporation — a Type A Development Corporation;
and Anna Community Development Corporation — a Type B Development
Corporation
Property: Approximately 85.571 gross acres of real property out of that certain 246.815 acre
tract located at the northeast corner of the intersection of the Collin County Outer
Loop and S.H. 5 in the City of Anna, Collin County, Texas, more particularly
described in Exhibit A, which is incorporated here as if set forth in full
("Property").
Title Company:
Address:
Phone:
Underwriter:
Purchase Price
Cash portion:
Total purchase price:
Reunion Title Company
2404 Texas Drive, # 102
Irving, Texas 75062
c/o Alana Bailey
(972)871-7000
Title Company's choice.
$2,810.000.00
$2,810,000.00
Additional Consideration. At Buyer's sole cost and in accordance with applicable municipal requirements,
subsequent to Closing, Buyer may provide and install a domestic water line from
Highway 5 to Clemmons Creek to be available for the future development of
Seller's remainder land upon the commencement of development of such
remainder of Seller's land. If Buyer does not provide and install such water line
then Seller may install said line at its own costs and receive reimbursement from
the City of Anna, Texas (the "City") to the extent appropriate under the City's
Capital Improvement Plan and any other applicable regulations. Size and location
of the line shall be determined by the City of Anna in its sole discretion and an
Real Estate Sales Contract Page 1 of 11
easement therefor shall be included in any plat of the Property. The covenants of
Buyer in this paragraph shall survive closing and shall run with the Property.
Earnest Money: $50,000.00
County for Performance: Collin County, Texas
A. Deadlines and Other Dates
All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls
on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday,
Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the
essence.
Earnest Money Deadline: within five (5) days of Buyer's execution and delivery of this contract to
Title Company.
2. Delivery of Title Commitment: twenty-one (21) days after the Effective Date.
3. Delivery of legible copies of instruments referenced in the Title Commitment: twenty-one (21)
days after the Effective Date.
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible
copies of the instruments referenced in the Title Commitment, and the Survey.
5. Closing Date: a date that is on or before the thirtieth (30th) day following the Feasibility Review
Period; provided, however, in any event the Closing Date shall occur by November 30, 2016. The Closing Date
shall not be extended unless extended wider a mutually agreeable duly executed amendment to this Agreement.
6. Survey: fifteen (15) days after the Effective Date.
7. Due Diligence Materials: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any Property -related zoning, environmental reports, tests or drawings currently in Seller's possession (the
"Materials") to Buyer.
8. Governmental Notifications: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any pending or proposed governmental matters related to the Property including, without limitation.
TxDot, county or municipal notifications (the "Notifications") currently in Seller's possession to Buyer.
B. Closing Documents
At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit D (the "Deed")
Bill of Sale
Real Estate Sales Contract Page 2 of 11
Affidavit of No Leasehold Interests (fully executed and in the form and substance attached
hereto as Exhibit Q.
IRS Nonforeign Person Affidavit
Evidence of Seller's authority to close this transaction
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer's authority to consummate this transaction
The documents listed in this section B are collectively known as the "Closing Documents."
C. Exhibits
The following exhibits are attached to and are a part of this contract:
Exhibit A —Description of the Property
Exhibit 13Representations; Environmental Matters
Exhibit C—Affidavit of No Leasehold Interests
Exhibit D—Deed
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property, to Buyer, and Buyer agrees to buy and pay Seller for the
Property in accordance with the terms of this contract. The promises by Buyer and Seller stated in this contract are
the consideration for the formation of this contract.
E. Interest on Earnest Money
Buyer may direct Title Company to invest the Earnest Money in an interest -bearing account in a federally
insured financial institution by giving notice to Title Company and satisfying Title Company's requirements for
investing the Earnest Money in an interest -bearing account. Any interest earned on the Earnest Money will be paid
to the party that becomes entitled to the Earnest Money. If Buyer fails to deposit the Earnest Money, in accordance
with A.1, with the Title Company, then Seller may, at Seller's option, terminate this contract by delivering a written
termination notice to Buyer at any time until Buyer deposits the Earnest Money with the Title Company.
F. Title and Survey and Feasibility Review Period
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate
licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the
Property examined by an attorney of Buyer's own selection or be famished with or obtain a policy of title
insurance.
2. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an
Owner Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the
Property. The "effective date" stated in the Title Commitment must be after the Effective Date of this contract.
Real Estate Sales Contract Page 3 of I I
"Title Policy" means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in
conformity with the last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have one hundred and twenty (120) days (the "Feasibility
Review Period") after the Effective Date in which to conduct environmental testing, geotechnical borings and other
studies of the Property and, in connection therewith, Buyer and its agents and contractors shall have the right of
entry onto the Property for such purposes and Buyer agrees to indemnify Seller for Buyer's on -site related Property
activities and all costs associated with such entry and tests made on the Property; this indemnity shall survive
closing or termination of this contract. If Buyer determines, in Buyer's sole and absolute discretion, that the
Property is not suitable for Buyer's intended use or purpose, Buyer shall have the right upon written notice to Seller
within the Feasibility Review Period to terminate this contract in which event the Earnest Money shall be fully and
completely refunded to Buyer.
4. Intentionally Deleted.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title
Commitment by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. ("Title Objection Deadline") to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify
Seller of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters
reflected by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline.
The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies
Seller of any Title Objections, Seller has fifteen (15) days from receipt of Buyer's notice to notify Buyer whether
Seller agrees to cure the Title Objections before closing ("Cure Notice"). If Seller does not timely give its Cure
Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may,
within five days after the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is
terminated (in which event the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to
Seller's obligations to resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the
Property, remove all exceptions that arise by, through, or under Seller after the Effective Date, and cure only the
Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items
that are listed on Schedule C of the Title Commitment which are Seller's responsibility to resolve, remove all such
liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure
the Title Objections that Seller has agreed to cure.
7. Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy
thereof to Seller by the deadline specified in A6 above. The survey shall be a current on -the -ground survey of the
Property that substantially complies with the requirements of a Category IA, Condition I or II (as applicable)
survey in the Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of
Professional Land Surveying and shall be adequate to enable the Title Company to delete the survey exception in
the Title Policy (except for "shortages in area"). Once the Survey has been completed, the legal description of the
Property shown therein shall be substituted for the legal description in Exhibit A and shall serve as the legal
description of the Property in the Deed.
G. Condition of the Property until Closing; Cooperation; No Recording of Contract
1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same
manner as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements,
restrictions or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts
Real Estate Sales Contract Page 4 of 11
or encumbrances, if any, without Buyer's prior written consent, except that Seller must terminate any existing
leases before Closing.
2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the
Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before closing.
Buyer may terminate this contract if the casualty damage that occurs before closing would materially affect Buyer's
intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty, in which event the Earnest Money shall be refunded to Buyer. If Buyer does not terminate this contract,
Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller's rights under
any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and
coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the
casualty damage and less any amounts previously paid by Seller to repair the Property. If Seller has not insured the
Property and Buyer does not elect to terminate this contract in accordance with this section, the Purchase Price will
be reduced by the cost to repair the casualty damage.
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi -governmental
authority. Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of
the Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing
if Seller's notice is received less than fifteen days before closing), in which event the Earnest Money shall be
refunded to the Buyer. If Buyer does not terminate this contract, (a) Buyer and Seller will each have the right to
appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in
condemnation will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property
will be revised to delete the portion taken.
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or
administrative hearing that is threatened, filed, or initiated before closing that affects the Property.
H. Closing
1. Closing. This transaction will close at Title Company's offices on the Closing Date. At closing, the
following will occur:
a. Closing Documents. The parties will execute and deliver the Closing Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts or
documents that Buyer is obligated to pay or execute under this contract to or by Title
Company in funds or documents acceptable to Title Company and Seller. The Earnest
Money will be applied to the Purchase Price.
c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse
the Purchase Price and other funds in accordance with this contract, record the deed and
any other Closing Documents necessary to be recorded, and distribute copies of the
Closing Documents to each party.
d. Possession. Unless otherwise agreed, Seller will deliver possession of the Property to
Buyer, subject to the Permitted Exceptions existing at Closing.
2. Transaction Costs
a. Seller's Costs. Seller will pay for the basic charge for the Title Policy; one-half of the
Real Estate Sales Contract Page 5 of 11
escrow fee charged by Title Company; the costs to prepare the deed; the costs to obtain,
deliver, and record releases of all liens to be released at closing; the costs to record all
documents to cure Title Objections agreed to be cured by Seller, and certificates or reports
of ad valorem taxes; the costs to deliver copies of the instruments described in section AA.;
and Seller's expenses and attorney's fees. At closing, provided closing actually occurs,
Seller agrees to credit Buyer for the cost of the survey up to the maximum amount of
$2,500.00.
b. Buyer's Costs. Buyer will pay for the new survey; one-half of the escrow fee charged by
Title Company; the costs to obtain, deliver, and record all documents other than those to be
recorded at Seller's expense; the additional premium for the "survey/area and boundary
deletion" in the Title Policy, if the deletion is requested by Buyer; the costs of work
required by Buyer to have the survey reflect matters other than those required under this
contract; and Buyer's expenses and attorney's fees.
C. Ad Valorem Tares. As permitted under IRC 5010 regulations for Buyer, ad valorem taxes
for the Property for the calendar year of closing will be prorated between Buyer and Seller
as of the Closing Date. Seller's portion of the prorated taxes will be paid to Buyer at
closing as an adjustment to the Purchase Price. If the assessment for the calendar year of
closing is not known at the Closing Date, the proration will be based on taxes for the
previous tax year, and Buyer and Seller will adjust the prorations in cash within thirty days
of when the actual assessment and taxes are known. Seller will promptly notify Buyer of
all notices of proposed or final tax valuations and assessments that Seller receives after the
Effective Date and after closing. All taxes due as of closing will be paid at closing. If this
sale or a change in use of the Property or the denial of any special use valuation on the
Property results in the assessment after Closing of additional taxes applicable to the period
of time before the Closing (including any so called "roll back" impositions), Buyer shall
pay the additional taxes plus any penalties and interest immediately upon a written
statement therefor and hold Seller harmless therefrom. The parties' obligations under this
paragraph shall survive the Closing.
d. Brokers' Commissions and Disclosure. Buyer and Seller each represents and warrants to
the other that they have had no contact with any real estate broker, finder or other person
who might be entitled, or claim to be entitled, to a brokerage commission, finder's fee or
other compensation in connection with this transaction other than Funderburgh Realty
Corporation ("Buyer's Broker") and Cameron Co. ("Seller's Broker"). In the event of
Closing hereof, Seller shall pay a commission to the brokers equal to the sum of (i) six
percent (6%) of the first $1,000,000 and (ii) three percent (3%) of the remaining Purchase
Price (the "Fees"). Said Fees shall be equally divided between Buyer's Broker and Seller's
Broker. Buyer and Seller each hereby indemnify and agree to defend and hold the other
party harmless from and against any and all claims, demands, liabilities, causes of action,
costs or expenses (including reasonable attorneys' fees) caused by or arising out of any
breach of its foregoing warranty. The provisions of this paragraph shall survive the
Closing or termination of this contract and shall not be subject to any limitation of liability
otherwise set forth in this contract.
3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
Real Estate Sales Contract Page 6 of 11
I. Default and Remedies
1. Seller's Default. If Seller fails to perform any of its obligations under this contract ("Seller's
Default"), Buyer's sole and exclusive remedy is to either (i) enforce specific performance of Seller's obligations
under this contract, or (ii) terminate this contract by written notice to Seller in which event the Earnest Money shall
be delivered to Buyer. If title to the Property is awarded to Buyer, the conveyance will be subject to the Permitted
Exceptions.
2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's
Default"), Seller, as its sole and exclusive remedy, shall have the right to terminate this contract by giving notice to
Buyer on or before the Closing Date and have the Earnest Money paid to Seller as liquidated damages (and not as a
penalty). Seller waives any remedy for damages.
3. Liquidated Damages. The parties agree that just compensation for the harm that would be caused
by a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that
the Earnest Money and the amounts provided above are reasonable forecasts of just compensation to the
nondefaulting party for the harm that would be caused by a default.
J. Miscellaneous Provisions
1. Notices. Any notice required by or permitted under this contract must be in writing. Any notice
required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the
party to whom notice is given.
Counsel for Buyer:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Counsel for Seller:
John A. Wise
5068 W. Plano Parkway, Suite 300
Plano, TX 75093
2. Entire Contract. This contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There
are no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to
Buyer not incorporated in writing in this contract.
3. Amendment. This contract maybe amended only by an instrument in writing signed by the parties.
4. Assignment. This contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns. This contract is fully assignable by Buyer provided: (a) such assignment must be
in writing and signed by Buyer and its assignee, (b) Buyer must send a copy of any assignment to Seller at least
Real Estate Sales Contract Page 7 of 11
seven (7) days prior to closing, and (c) such assignment shall not release Buyer from its obligations and liabilities
under this contract. Upon compliance with the foregoing, the assignee(s) shall be entitled to enforce this contract as
against Seller, including but not limited to, the remedy of specific performance.
5. Survival. The obligations of this contract that cannot be performed before termination of this
contract or before closing will survive termination of this contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this contract, the Closing
Documents will control.
6. Choice of Law; Venue; Alternative Dispute Resolution. This contract will be construed under the
laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Collin County,
Texas. Time permitting, the parties will submit in good faith to an alternative dispute resolution process before
filing a suit concerning this contract.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare
immediately a default or delays taking any action with respect to the default.
8. No Third --Party Beneficiaries. There are no third -party beneficiaries of this contract.
9. Severability. The provisions of this contract are severable. If a court of competent jurisdiction
finds that any provision of this contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction
that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting
this contract.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and
they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together
will constitute this contract.
13. Confidentiality. The parties will keep confidential this contract, this transaction, and all
information learned in the course of this transaction, except to the extent disclosure is required by law or court order
or to enable third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
14. Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Properly to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer.
ii. ) To the best of Seller's current knowledge, but WITHOUT WARRANTY, water, sanitary sewer
and electric power line are available at the Property, (excluding storm sewer).
iii. ) Buyer will determine during the Feasibility Review Period, to Buyer's satisfaction that, within
the Property area, at least two (2) entry/exit drives will be permitted each on (a) County Road 421
and (b) the Collin County Outer Loop (with at least one median cut).
Real Estate Sales Contract Page 8 of 11
iv. ) Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15. Termination. If this contract is terminated for any reason, the parties will have no further rights or
obligations under this contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property
caused by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by
Seller; and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract,
expressly survive the termination of this Contract. The obligations of this Section 15 will survive the termination of
this Contract.
16. Anorneys' Fees. The prevailing party in any proceeding brought to enforce this contract, or brought
relating to the transaction contemplated by this contract, will be entitled to recover, from the non -prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17. Exchange. Seller and Buyer shall cooperate with each other in connection with any tax deferred
exchange that either party may he initiating or completing in connection with Section 1031 of the Internal Revenue
Code, so long as neither party will be required to pay any expenses related to the other parry's exchange and the
closing is not delayed. Notwithstanding any other provision that may prohibit the assignment of this contract, either
parry may assign this contract to a qualified intermediary or exchange accommodation title holder, if the
assignment is required in connection with the exchange. The parties agree to cooperate with each other, and sign
any reasonable documentation that may be required, to effectuate any such exchange.
18. Contract as Offer. The execution of this contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this contract and delivering a
fully executed copy to the first party within thirty (30) days after the date this contract is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
SELLER:
Harlan Properties, Inc.
By:
Sures Shridharani, its President
Date: 9 - .2 a -Ito
Real Estate Sales Contract Page 9 of I I
F:D "- ,
Anna Economic Development Corporation
By:
Printed Name:
Title:
Anna Community Development Corporation or Assigns
By:
Printed Name:
Title:
Date:
Real Estate Sales Contract Page 10 of I I
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $ and a copy
of this contract executed by both Buyer and Seller.
Reunion Title Company
Printed Name:
Title:
Date: 2016
Real Estate Sales Contract Page I of 11
EXHIBIT A
Description of the Property
BEING a portion of a tract of land located in the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas and being a
portion of a 361.545 acre tract of land described by deed to Harlan
Properties, Inc. recorded in Instrument No. 20121228001650300 of the
Official Public Records of Collin County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of
said 361.545 acre tract lying on the northerly edge of County Road No.
421 a gravel road, also lying on the easterly line of a tract of land
described by deed to Dallas Area Rapid Transit, recorded in Collin
County Clerks Document No. 2001-0078323 of the Official Public Records
of Collin County, Texas, the southwest corner of tract of land
described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468
of the Deed Records of Collin County, Texas, also lying on the common
line of said D.E.W. Babb Survey and the Grandison Stark Survey,
Abstract No. 798;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common
line of said Babb and Stark Survey, also along the common line of said
361.545 acre tract and said 40 PGE tract, a distance of 1743.74 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner
lying in the center of a 30 feet wide Sanitary Sewer easement,
recorded in Instrument No. 20150422000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior of said 361.545 acre tract along the
center of said 30 feet wide easement the following courses and
distances:
South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on
the north line of Collin County Toll Road Authority tract recorded in
Instrument No. 20110222000194360 of the Official Public Records of
Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north
line of said Collin County Toll Road tract, a distance of 2530.22 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southwest corner of said 361.545 acre tract, also lying on the east
line of Collin County Toll Road Authority tract recorded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County,
Texas;
THENCE North 00 degrees 44 minutes 35 seconds West, along the east
line of last mentioned Toll Road tract, a distance of 207.51 feet to a
5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the
easterly line of the aforementioned Dallas Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the
southwest corner of a tract of land described by deed to the City of
Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south
line of said City of Anna tract, a distance of 67.89 feet to a 1/2
inch iron rod with cap stamped "R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along
the south line of said City of Anna tract, a distance of 224.62 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southeast corner of same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east
line of said City of Anna tract, a distance of 156.81 feet to a 1/2
inch iron rod found for the northeast corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north
line of said City of Anna tract, a distance of 295.59 feet to a 5/8
inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest
corner of same, also lying on the easterly line of said Dallas Area
Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 1495.06
feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or
85.571 acres of land.
EXHIBIT B
Representations; Environmental Matters
A. Seller's Representations to Bayer
Seller represents to Buyer (to Sellers actual knowledge, without duty of investigation) that the
following are true and correct as of the Effective Date and will be true and correct on the Closing Date.
I. Authority. Seller is a Texas corporation duly organized, validly existing, and in good
standing under the laws of the state of Texas with authority to convey the Property to Buyer. This contract
is, and all documents required by this contract to be executed and delivered to Buyer at closing will be,
duly authorized, executed, and delivered by Seller.
2. Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller's ability to perform its obligations under this contract except:
NONE
3. Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller's use of the Property, except:
NONE
4. Lease. The only lease affecting the Property is attached as Exhibit 1 to Exhibit C, which
Seller must terminate before Closing.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice
of any condemnation, zoning, or land -use proceedings affecting the Property or any inquiries or notices
by any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6. No Other Ohligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller's performance of this contract will not cause a breach of any
other agreement or obligation to which Seller is a party or to which it is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and
materialman's liens and other liens and encumbrances of any nature except (a) the Permitted Exceptions
and (b) liens that will be paid from the proceeds of closing; no work or materials will have been furnished
to the Property that might give rise to mechanic's, materialman's, or other liens against the Property other
than work or materials to which Buyer has given its consent.
S. No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other
organization, group or individual relating to any of the Property, which would impose an obligation upon
Buyer or its successors or assigns to make any contribution or dedication of money or land to construct,
Initials Initials
install or maintain any improvements of a public or private nature on or off any of the Property.
9. No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
10. No Warranty. Seller has made no warranty in connection with this contract.
Seller's representations set forth in this contract shall survive Closing for a period of twelve (12) months.
B. "As Is, Where Is"
THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES.
THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS"
TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE
NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE CLOSING DOCUMENTS AND
SELLER'S REPRESENTATIONS TO BUYER SET FORTH IN SECTION A OF THIS EXHIBIT
B.
THE PROPERTY WILL BE CONVEYED TO BUYER IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. SELLER MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
BUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL HAVE,
PRIOR TO THE END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY
INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY
BY THE BUYER IN ORDER TO ENABLE THE BUYER TO EVALUATE THE PURCHASE OF
THE PROPERTY. BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF BUYER'S CONSULTANTS, AND THAT BUYER WILL
CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME. THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE
BEEN REVEALED BY BUYER'S INSPECTIONS AND INVESTIGATIONS. BUYER
FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS ACQUIRING THE
PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT
REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY
KIND OR NATURE, EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN
THE DEED OR AS EXPRESSLY PROVIDED IN THIS CONTRACT. BUYER HEREBY
WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR
WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS, WARRANTIES OR
COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR
GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN BY
SELLER, EXCEPT WITH RESPECT TO THE WARRANTY OF TITLE EXPRESSLY
Initials initials
PROVIDED IN THE CLOSING DOCUMENTS OR IN THIS CONTRACT. BUYER HEREBY
ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER
DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE,
CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE
PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. BUYER
FURTHER ACKNOWLEDGES THAT SELLER HAS NOT WARRANTED, AND DOES NOT
HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR
COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW
OR REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF
COLLIN OR ANY OTHER AUTHORITY OR JURISDICTION.
The provisions of this section B regarding the Property will be included in the deed and bill of
sale with appropriate modification of terms as the context requires.
C. Environmental Matters
AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER
THE ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING. ONCE
CLOSING HAS OCCURRED, SUBJECT TO THE LAST SENTENCE OF THIS PARAGRAPH C.,
BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE
DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH C.. BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. SUBJECT
TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE
Initials Initials
IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER'S INDEMNIFICATION AND
HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH C. SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF SELLER'S OWNERSHIP OF
THE PROPERTY; AND PROVIDED FURTHER THAT BUYER AND EACH TRANSFEROR OF THE
PROPERTY (OR ANY PORTION THEREOF) SHALL UPON THE CONSUMMATION OF SUCH
TRANSFER BE RELIEVED OF ALL FURTHER LIABILITY FOR SUCH OBLIGATIONS EXCEPT
SUCH LIABILITY AS MAY HAVE ARISEN DURING THE PERIOD OF SUCH TRANSFEROR'S
OWNERSHIP OF THE PROPERTY (OR THE PORTION THEREOF SO CONVEYED) AND WHICH
REMAINS UNSATISFIED.
The provisions of the above paragraph C regarding the Property will be included in the deed and
bill of sale with appropriate modification of tenns as the context requires.
[The remainder of this page is left blank intentionally.]
EXHIBIT C
AFFIDAVIT OF NO LEASEHOLD INTERESTS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority personally appeared Suresh Shridharani, who,
being by me duly sworn, testified as follows:
1. "My name is Suresh Shridharani. I am over twenty-one years of age, of sound mind,
capable of making and competent to make this Affidavit. Further, I have personal knowledge of
the facts stated herein, and they are true and correct.
2. I am the President of Harlan Properties, Inc. ("Harlan"), which owns real property in or
near the City of Anna, Texas (the "Property"). The Property is under contract for sale to the
Anna Community Development Corporation and the Anna Economic Development Corporation,
or assigns (collectively, "Corporations"). Said contract is titled "Real Estate Sales Contract" and
has an effective date of ('Sales Contract"). I am knowledgeable of this real estate
transaction and of the lease of all or any part of the Property during Harlan's ownership of the
Property. As of the effective date of the Sales Contract there was in effect a single lease on all or
any part of the Property. A copy of said lease is attached hereto as Exhibit 1.
3. 1 hereby certify that any and all leases of all or any part of the Property have been
terminated in full and that Harlan is under no obligation with regard to any possessory interest in
the Property. As there exists no leasehold interest in the Property at the time of closing on the
Sales Contract, there is no need for the Corporations to take any lease by assignment or to
otherwise assume the obligations of any lease. Any and all leases of all or any part of the
Property were duly and lawfully terminated before closing on the Sales Contract."
Signed on the _ day of 12016.
Suresh Shridharani
Subscribed and sworn to before me, the undersigned authority, by SURESH SHRIDHARANI,
who is personally known to me, on the day of 2016.
Notary Public —State of Texas
EXHIBIT 1
Agricultural Land Lease
September 1, 2015
Landlord: Harlan Properties, Suresh Shridharani
Tenant: Billy Bob Aycock and Karen Aycock
Description FSNk: 1080, 8659
Term of Lease: Crop Year 2016, 9/1115 — 8/31/16 and until notified by either
Landlord or Tenant.
Rent: Cash
Tenant shall use the property for the sole purpose of farming.
Landlord:
Harlan Properties, Suresh Shridharani
2404 Texas Drive, Suite 103
Irving, TX 75062
972-659-0655
Tenant:
Billy Bob Aycock
1170 CR 2925
Honey Grove, TX 75446
214-901.6381
Please sign and return one copy of the lease along with the W-9.
EXHIBIT D
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: 201
Grantor: HARLAN PROPERTIES, INC., a Texas corporation
Grantor's Mailing Address: 2404 Texas Dr., Ste 103, Irving, TX 75062-7011
Grantee: Anna Economic Development Corporation — a Type A Development Corporation; and
Anna Community Development Corporation — a Type B Development Corporation, or assigns
Grantee's Mailing Address: 111 N. Powell Parkway, P.O. Box 776, Anna, TX 75409-0776
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy
of which is acknowledged
Property (including any improvements): The real property described on Exhibit A, attached
hereto and incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other
matters described on Exhibit B, attached hereto and incorporated herein.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof. by, through, or under
Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
THIS SALE EVIDENCED BY THIS DEED IS AN ARMS -LENGTH AGREEMENT
BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF
AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE
CLOSING DOCUMENTS AND GRANTOR'S REPRESENTATIONS TO GRANTEE SET
FORTH IN THE CONTRACT BETWEEN THE PARTIES.
THE PROPERTY IS CONVEYED TO GRANTEE IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. GRANTOR MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS PRIOR TO THE
END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED AND
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE
IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE
PROPERTY. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE GRANTEE OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF GRANTEE'S CONSULTANTS, AND THAT GRANTEE
WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE
BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE
FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE
PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT
REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY
KIND OR NATURE, EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN
THIS DEED. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND
PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN
DEEMED TO HAVE BEEN MADE OR GIVEN BY GRANTOR, EXCEPT WITH RESPECT TO
THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR
IN THE CONTRACT BETWEEN THE PARTIES. GRANTEE HEREBY ASSUMES ALL RISK
AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING
OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION,
MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE
FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT
HEREBY WARRANT, THAT THE PROPERTY NOW OR 1N THE FUTURE WILL MEET OR
COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW
OR REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF
COLLIN OR ANY OTHER AUTHORITY OR JURISDICTION.
THE RISK OF LIABILITY OR EXPENSE FOR ENVIRONMENTAL PROBLEMS,
EVEN IF ARISING FROM EVENTS BEFORE THE DATE HEREOF, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL
PROBLEMS WERE KNOWN OR UNKNOWN AS OF THE DATE HEREOF. GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE
TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO
THE LAST SENTENCE OF THIS PARAGRAPH C., GRANTEE INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND
STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS
ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON
GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF GRANTOR'S
OWNERSHIP OF THE PROPERTY; AND PROVIDED FURTHER THAT GRANTEE AND
EACH TRANSFEROR OF THE PROPERTY (OR ANY PORTION THEREOF) SHALL UPON
THE CONSUMMATION OF SUCH TRANSFER BE RELIEVED OF ALL FURTHER
LIABILITY FOR SUCH OBLIGATIONS EXCEPT SUCH LIABILITY AS MAY HAVE ARISEN
DURING THE PERIOD OF SUCH TRANSFEROR'S OWNERSHIP OF THE PROPERTY (OR
THE PORTION THEREOF SO CONVEYED) AND WHICH REMAINS UNSATISFIED
When the context requires, singular nouns and pronouns include the plural.
HARLAN PROPERTIES, INC.
Suresh Shridharani
Its: President
STATE OF
COUNTY OF
This instrument was acknowledged before me on 12016, by Suresh
Shridharani, President of Harlan Properties, Inc. a Texas corporation, on behalf of said
corporation.
Notary Public, State of
My commission expires:
(SEAL)
EXHIBIT A
(Legal description of the Property)
BEING a portion of a tract of land located in the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas and being a
portion of a 361.545 acre tract of land described by deed to Harlan
Properties, Inc. recorded in Instrument No. 20121228001650300 of the
Official Public Records of Collin County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of
said 361.545 acre tract lying on the northerly edge of County Road No.
421 a gravel road, also lying on the easterly line of a tract of land
described by deed to Dallas Area Rapid Transit, recorded in Collin
County Clerks Document No. 2001-0078323 of the Official Public Records
of Collin County, Texas, the southwest corner of tract of land
described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468
of the Deed Records of Collin County, Texas, also lying on the common
line of said D.E.W. Babb Survey and the Grandison Stark Survey,
Abstract No. 798;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common
line of said Babb and Stark Survey, also along the common line of said
361.545 acre tract and said 40 PGE tract, a distance of 1743.74 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner
lying in the center of a 30 feet wide Sanitary Sewer easement,
recorded in Instrument No. 20150422000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior of said 361.545 acre tract along the
center of said 30 feet wide easement the following courses and
distances:
South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on
the north line of Collin County Toll Road Authority tract recorded in
Instrument No. 20110222000194360 of the Official Public Records of
Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north
line of said Collin County Toll Road tract, a distance of 2530.22 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southwest corner of said 361.545 acre tract, also lying on the east
line of Collin County Toll Road Authority tract recorded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County,
Texas;
THENCE North 00 degrees 44 minutes 35 seconds West, along the east
line of last mentioned Toll Road tract, a distance of 207.51 feet to a
5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the
easterly line of the aforementioned Dallas Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the
southwest corner of a tract of land described by deed to the City of
Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south
line of said City of Anna tract, a distance of 67.89 feet to a 1/2
inch iron rod with cap stamped "R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along
the south line of said City of Anna tract, a distance of 224.62 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southeast corner of same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east
line of said City of Anna tract, a distance of 156.81 feet to a 1/2
inch iron rod found for the northeast corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north
line of said City of Anna tract, a distance of 295.59 feet to a 5/8
inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest
corner of same, also lying on the easterly line of said Dallas Area
Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 1495.06
feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or
85.571 acres of land.
EXHIBIT B
(Attach title exceptions)
i
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.12.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact. Chief Jenks
Exhibits: Yes
Consider/Discuss/Action regarding a Resolution supporting the creation of a Regional 9-1-1
Emergency Communications District. (Chief Jenks)
SUMMARY:
The North Central Texas Council of Governments (NCTCOG), on behalf of the NCTCOG's 9-1-1
Regional Advisory Committee, in requesting that the City of Anna show support for and authorize
the creation of a Regional Emergency Communications District (ECD). These districts were
authorized by legislative action taken to amend the Health and Safety Code (SB 1108/HB 3462)
during the most recent legislative session.
The state collects $.50 on every phone bill to pay for 9-1-1 services in Texas. The legislature does
not, however, return all of those funds to the Texas Commission on State Emergency
Communications (CSEC) for distribution to the Councils of Government (COG's) in the state; they
hold some of the money to show a balanced state budget (on paper). Right now, the state is
holding $150 million in collected 9-1-1 fees, 15% of which was collected from our region.
The creation of an ECD will allow all of the monies collected through the phone bill fees to be
remitted entirely back to this district from which it was collected. A newly created ECD will be
staffed by the NCTCOG.
The new law requires that the governing body of each entity now served by a COG pass a
resolution calling for the creation of an Emergency Communications District.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution Authorizing Regional 9-1-1 ECD 7/21/2016 Resolution Letter
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APROVING THE CREATION OF
THE NORTH CENTRAL TEXAS REGIONAL 9-1-1 EMERGENCY
COMMUNICATIONS DISTRICT
WHEREAS, Chapter 772, Subchapter H, of the Texas Health and Safety Code,
cited as the Regional Emergency Communications District Act (the "act"), provides
the creation of a Regional Emergency Communications District: and
WHEREAS, the act applies to a state planning region established under Chapter 391 of
the Texas Local Government Code with a population of under 1.5 million, composed of
counties and municipalities that operate a 9-1-1 system solely through a regional
planning commission: and
WHEREAS, the Act requires that the governing bodies of each participating county and
municipality in the region adopt a resolution approving the creation of the Regional
Emergency Communications District (the "District"): and
WHEREAS, as of 1991, the City of Anna exclusively receives 9-1-1 system services
operated through the North Central Texas Council of Governments, a regional planning
commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Regional 9-1-1 Emergency Communications District
The City Council of the City of Anna Texas, hereby authorizes the creation of the
North Central Texas Regional 9-1-1 Emergency Communications District.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1
L
YOUR} HOMETOWN
CITY OF ANNAAGENDA NOTICE -CITY COUNCIL MEETING
July 26, 2016 7:30 PM -Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 PM, on July 26,
2016, 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.
Call to Order/Roll Call.
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. Recieve reports from Staff or the City Council about items of community intrest.
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 goveming 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 July 12, 2016 Council Meeting Minutes
b. Review Quarterly Investment Report. (Clayton Fulton)
c. Resolution approving an I nterlocal Agreement with Collin County for Jail
Services. (Chief Jenks)
d. Resolution approving a Replat of Sister Groves Estates, Lots 1, 2, and 3.
(Maurice Schwanke)
e. Authorize the City Manager to solicit bids for the Fiscal Year 2016 Street
Rehabilitation Project. (Joseph Johnson)
6. Consider/Discuss/Action on a Resolution approving an amendment to the Potable
Water Pass Through & Pumping Agreement with the City of McKinney. (Joseph
Johnson)
7. Presentation of the Proposed FY 16-17 annual budget. (Clayton Fulton)
8. Consider/Discuss/Action regarding a Resolution setting the date, time, and place
for a Public Hearing on the FY 16-17 annual budget. (Clayton Fulton)
9. First reading of a Resolution authorizing the Anna Community Development
Corporation to undertake a project related to a real estate sales contract to
purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
10. Second reading of a Resolution authorizing the Anna Community Development
Corporation to undertake a project related to a real estate sales contract to
purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
11. Consider/Discuss/Action regarding a Resolution authorizing a project related to a
real estate sales contract by the Anna Community Development Corporation and
the Anna Economic Development Corporation to purchase land generally located at
the NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
12. Consider/Discuss/Action regarding a Resolution supporting the creation of a
Regional 9-1-1 Emergency Communications District. (Chief Jenks)
13. CLOSED SESSION (EXECEPTIONS)
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. 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);
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.
14. Consider/Discuss/Action on any items listed on the posted agenda or any closed
session occurring during this meeting, as necessary
15. Adjourn.
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 .
Carrie L. Smith, City Secretary
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.
Yi0W HOMETOWN
AGENDASUBJECT:
Approve July 12, 2016 Council Meeting Minutes
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
City Council - Work Session July 12 Minutes
City Council - Regular Session July 12 Minutes
Item No.5.a.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Carrie Smith
Exhibits: Yes
Upload Date Type
7/22/2016 Cover Memo
7/22/2016 Cover Memo
ANNA CITY COUNCIL
MINUTES
WORK SESSION
July 12, 2016
The City Council of the City of Anna met in Work Session on the above date at
Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the
following items:
1. Call to Order,
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
3. Discussion regarding FY 17 budget. (Clayton Fulton)
Staff reviewed the following departments, discussed department's base
budget, and supplemental budget requests
• Water
• Sewer
• Utility Billing
• Solid Waste
4. Briefing/Discussion regarding remodel of Natural Springs Park Barn
5. Briefing/Discussion item regarding Fiscal Year 2016 street
rehabilitation projects
6. 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).
July 12, 2016
CC Work Session Minutes
No executive session held.
7. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary.
No action.
8. Adjourn.
MOTION: Council Member Beazley moved to adjourn. Council Member
Martinez seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 7:31 p.m.
Approved on the 26th day of July, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 12, 2016
CC Work Session Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
July 12, 2016
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to Order, Roll Call and Establishment of Quorum.
Mayor Crist called the meeting to order at 7:33 p.m.
Council Members Rene Martinez, John Beazley, Kenneth Pelham, Nathan
Bryan and Lee Miller were present. Justin Burr was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 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.
Tom Plunkett, 917 Colder Ct. — Thanked Public Works Director Joseph
Johnson for his prompt response to street issues.
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. Recognition of outgoing board members
Item was postponed to a future date.
July 12, 2016
CC Regular Session Minutes
b. City Manager Sanders acknowledge the Police and Fire
Department for the efforts during a youth drowning over the
Fourth of July holiday.
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 June 28, 2016 Council Meeting Minutes
b. Review of EDC Minutes from April 7, 2016 and May 5, 2016
c. Review of CDC Minutes from April 7, 2016 and May 5, 2016
d. Resolution approving a Development Plat of the Nichols
Addition
RESOLUTION NO. 2016-07-189 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
PLAT OF THE NICHOLS ADDITION
e. Resolution approving a Preliminary Plat of Anna ISD
Elementary School #3
RESOLUTION NO. 2016-07-190 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF ANNA ISD ELEMENTARY SCHOOL # 3.
f. Resolution approving a site plan of Anna ISD Elementary
School #3
RESOLUTION NO. 2016-07-191 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A SITE PLAN OF ANNA
ISD ELEMENTARY SCHOOL # 3.
g. Resolution approving a Preliminary Plat of Pecan Grove
Phases II — IV.
RESOLUTION NO. 2016-07-192 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT
OF PECAN GROVE PHASES II - IV.
h. Resolution approving a Preliminary Plat of the Anna 55 Acre
Tract
July 12, 2016 2
CC Regular Session Minutes
RESOLUTION NO. 2016-07-193 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A PRELIMINARY
PLATOF ANNA 55 ACRE TRACT.
Council Member Pelham requested Items i. and j. be removed from
consent.
MOTION: Council Member Bryan moved to approve consent items a.
through h. Council Member Miller seconded. Motion carried 6-0.
Council Member Pelham requested Items i. and j. be removed from
consent. Council Member Pelham confirmed with Planning Director
Schwanke that the Final Plats were consistent with the approved
Preliminary Plats.
i. Resolution approving a Final Plat of Avery Pointe Phase 2
RESOLUTION NO. 2016-07-194 A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF
AVERY POINTE PHASE 2.
MOTION: Council Member Beazley moved to approve. Mayor Crist
seconded. Motion carried 6-0.
j. Resolution approving a Final Plat of Avery Pointe Phase 3
RESOLUTION NO. 2014-07-195 A RESOLUTION OF THE
CITY OF ANNA, TEXAS
AVERY POINTE PHASE 3.
APPROVING A FINAL PLAT OF
MOTION: Council Member Bryan moved to approve. Mayor Crist
seconded. Motion carried 6-0.
6. Conduct Public Hearing (2) for Annexation of a 32.295-acre tract of
land located in the Henry Smith Survey, Abstract No. 0823.
Mayor Crist opened the public hearing at 7:41 p.m.
No Comments.
Mayor Crist closed the public hearing at 7:41 p.m.
7. Conduct a Public Hearing and take action on an ordinance amending
PD 127-2004 by changing the zoning standards for Sweetwater
Crossing Phase II from SF-72 (7,200 square feet lots) to SF-60 (6,000
square feet lots). The property is located near the northeast corner of
SH 5 (Powell Pkwy.) and Rosamond Pkwy.
The City Council opened the public hearing on June 28 and continued
until July 12 at 7:30 p.m. Staff met with Mr. Hashem and provided two
July 12, 2016 3
CC Regular Session Minutes
additional alternatives for the Council to consider as possible
substitutes for the original rezoning request. The comparison of the
current zoning and the original rezoning request and the two alternates
are provided in Exhibit 7A.
During a special meeting on June 22nd, the Planning and Zoning
Commission voted 3 to 2 to recommend that this rezoning request be
denied. A vote of three -fourths of the Council Members present, or four
votes, whichever is greater, is required to overrule a recommendation
of the Commission that a proposed zoning amendment be denied.
Mayor Crist opened the public hearing at 7:50 p.m.
Allison Harper, 1902 Rodeo Dr. opposed the zoning changes.
Bryan Dodd, 1808 Rodeo Dr. opposed the zoning changes.
Judith Waldrop, 929 Bens Dr. opposed the zoning changes.
Developer Alan Hashem reviewed his proposed alternative changes.
(see exhibit 713)
Mayor Crist closed the public hearing at 8:14 p.m.
MOTION: Mayor Crist moved to approve zoning alternative 2. Council
Member Martinez seconded. Council Members John Beazley and Lee
Miller opposed. Motion failed 3-2. (A vote of three -fourths of the
Council Members present, or four votes, whichever is greater, is
required to overrule a recommendation of the Commission that a
proposed zoning amendment be denied.)
8. Conduct a Public Hearing and take Action on an Ordinance amending
the Anna City Code of Ordinances by repealing Part III -A (Subdivision
Regulations), Article 1, Section 16 (Building Permits Required in The
City's Extraterritorial Jurisdiction)
This Ordinance would repeal the Ordinance.
Mayor Crist opened the public hearing at 8:24 p.m.
No comments.
Mayor Crist closed the public hearing at 8:24 p.m.
MOTION: Council Member Beazley moved to approve. Council
Member Bryan seconded. Council Members Martinez, Miller and Crist
opposed. Motion failed 3-3.
9. Conduct a Public Hearing and take Action on an Ordinance amending
the Anna City Code of Ordinances by amending Part III -A (Subdivision
Regulations), Article 1, Section 16 (Building Permits Required in The
City's extraterritorial Jurisdiction)
July 12, 2016 4
CC Regular Session Minutes
This Ordinance would amend the fee Ordinance.
ORDINANCE NO. 720-2016 AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART 111-A (SUBDIVISION
REGULATIONS), ARTICLE 1, SECTION 16 (BUILDING PERMITS
REQUIRED IN THE CITY'S EXTRATERRITORIAL
JURISDICTION); PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Pelham moved to approve. Council
Member Miller seconded. Council Members Beazley and Bryan
opposed. Motion carried 4-2.
10. Consider/Discuss/Action regarding an appointment to the Anna Fire
and Rescue Auxiliary Association Inc. Board of Directors
MOTION: Council Member Pelham moved to appoint Chris Kown to
the Anna Fire Rescue Auxiliary Association Board in the position of
Director 3. Council Member Miller seconded. Motion carried 6-0.
11. Consider/Discuss/Action regarding a Resolution approving the FY
2017 Child Abuse -Family Violence Investigator grant application, and
naming the City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-196 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
3076601) FOR THE CHILD ABUSE/FAMILY VIOLENCE
INVESTIGATOR PROJECT TO THE OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION AND DESIGNATING
THE CITY MANAGER AS THE GRANT PROGRAM ATHORIZED
OFFICIAL.
MOTION: Council Member Pelham moved to approve. Council
Member Martinez seconded. Motion carried 6-0.
12. Consider/Discuss/Action regarding a Resolution approving the FY
2017 Radio Compliance Upgrade grant application and naming the
City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-197 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
3102501) FOR THE RADIO COMPLIANCE UPGRADE PROJECT
TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE
July 12, 2016 5
CC Regular Session Minutes
DIVISION AND DESIGNATING THE CITY MANAGER AS THE
GRANT PROGRAM ATHORIZED OFFICIAL.
MOTION: Council Member Martinez moved to approve. Council
Member Bryan seconded. Motion carried 6-0
13. Consider/Discuss/Action regarding a Resolution approving the FY
2017 School Resource Officer grant application and designating the
City Manager as the City's Authorized Grant Official
RESOLUTION NO. 2016-07-198 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE
SUBMISSION OF A GRANT APPLICATION (GRANT NUMBER:
2921201) FOR THE SCHOOL RESOURCE OFFICER PROJECT
TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE
DIVISION AND DESIGNATING THE CITY MANAGER AS THE
GRANT PROGRAM ATHORIZED OFFICIAL.
MOTION: Council Member Pelham moved to approve. Council
Member Beazley seconded. Motion carried 6-0
14. Consider/Discuss/Action regarding an Ordinance amending the Anna
City Code of Ordinances by Amending Part II (General Ordinances),
Article 50 Management of Public Rights -of -Way), Section 1
(Definitions) and Section 9 (Location of Utility Structures)
ORDINANCE NO. 721-2016 AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING PART 11 (GENERAL
ORDINANCES), ARTICLE 50 (MANAGEMENT OF PUBLIC
RIGHTS -OF -WAY), SECTION 1 (DEFINITIONS) AND SECTION 9
(LOCATION OF UTILITY STRUCTURES); PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Miller moved to approve. Council Member
Beazley seconded. Motion carried 6-0
15. 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
July 12, 2016 6
CC Regular Session Minutes
with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
The Council further reserves the right to enter into closed session at
any time throughout any duly noticed meeting under any applicable
exception to the Open Meetings Act.
No closed session held.
16. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary.
MOTION: Council Member Beazley moved to take no action. Council
Member Bryan seconded. Motion carried 6-0.
17. Adjourn.
MOTION: Council Member Bryan moved to adjourn. Council Member
Beazley seconded. Motion carried 6-0.
Mayor Crist adjourned the meeting at 9:00 p.m.
Approved on the 26th day of July, 2016.
ATTEST:
City Secretary Carrie L. Smith Mayor Mike Crist
July 12, 2016
CC Regular Session Minutes
7
I
Yi0W HOMETOWN
AGENDASUBJECT:
Review Quarterly Investment Report. (Clayton Fulton)
SUMMARY:
Item No.5.b.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits: Yes
In accordance with the Public Funds Investment Act, the City of Anna is required to submit a
quarterly report on the investment of all Public Funds held by the City. The attached report has
been developed with our investment advisors, Valley View Consulting, LLC. The report includes
the following:
Review of economic conditions
Review of the City's holdings
Comparison of book vs. market value
Allocation information
Other information related to the PFIA
STAFF RECOMMENDATION:
No action is required.
/_1ir_TS:I►yi14zI&I
Description Upload Date Type
FY 16 3rd Quarter Investment Report 7/21/2016 Cover Memo
The investor
ent P
City 1�1an�er
Finance D� c or
CITY OF ANNA, TEXAS
For the Quarter Ended
June 307 2016
Prepared by
Valley View Consulting, L.L.C.
rtfolio of the City of Anna is in compliance with the Public Funds Investment Act and the
and Strategies.
Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the
accuracy or completeness of this information. The market values included in these reports were obtained by Valley View
Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these
levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard
performance formulas, are not representative of total return yields, and do not account for investment advisor fees.
Summary
Quarter End Results by Investment Category:
June 30, 2016 March 31, 2016
Asset Type Ave. Yield Book Value Market Value Book Value Market Value
Bank DDA/MMA/NOW 0.55% $ 15,133,078 $ 15,133,078 $ 16,023,164 $ 16,023,164
TexPool 0.36% 262,823 262,823 262,596 262,596
3ecurities/CDs 0.65% 245,000 2451000 2481893 248,893
Totals $ 151640,901 $ 159640,901 $ 16,5349652 $ 16,534,652
Quarterly Average Yield (1)
Total Portfolio 0.55%
Rolling Three Mo. Treas. Yield 0.26%
Rolling Six Mo. Treas. Yield 0.42%
Quarterly Interest Income $ 22,335
Year-to-date Interest Income $ 687457
Fiscal Year -to -Date Average Yield (2)
Total Portfolio 0.55%
Rolling Three Mo. Treas. Yield 0.23%
Rolling Six Mo. Treas, Yield 0.3570
Quarterly TexPool Yield 0.29%
(1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory
fees.
(2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or
account for advisory fees.
Valley View Consulting, L.L.C.
Page 1.
Economic Overview
6/30/2010
The Federal Open Market Committee (FOMC) maintained the Fed Funds target range of 0.25% - 0.50% (actual Fed Funds tradingto 40 bps). The June FOMC meeting expressed concerns
over reduced economic expectation. First Quarter US GDP was revised up to +1.1 % (final revision). The June Non -Farm Payroll surged 287k new jobs, although other unemployment data
remained modest. The British "Brexit" vote to leave the European Union Global jolted the markets. The US Stock markets plunged, then recovered. Treasury yields dove on the flight to quality.
Taxable municipal bonds or CDs offer the best interest earnings opportunity, if available,
2.50
2.00
0.00
5.50
5.00
4.50
4.00
3.50
3.00
2.50
2.o0
1.50
1.00
0.50
June 30, 2015 March 31, 2016 June 30, 2016
US Treasury Historical Yields - Since 2006
N
J "M
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�IrIA
Mk
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MENEM RAWM
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I
3 rk h
5eQ0 geQO Sego 5eQ N 5eQ N 5eQ
n � • Six Mnnth T.Rill Twn Vnar T-Alma Tan Vanr T•Alntc
US Treasury Historical Yields -Since 1998
• Six Month T-Bill Two Year T-Note Ten Year T-Note
2,250
2,000
1, 750
1,500 Ag
1, 250
1, 000
750
500
250
0
� JJ'� J�
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Valley View Consulting, L.L.C.
Page 2.
Detail of Holdings
June 30, 2016
Coupon/ Maturity Settlement
Book Market Market Life
Description Ratings Discount Date Date Par Value Value Price Value days) Yield
Independent Bank 0.55% 07/01/16 06/30/16 $ 15,133,078 $ 15,133,078 1.000 $ 15,133,078 1 0.55%
TexPool AAAm 0.36% 07/01/16 06/30/16 2621823 262,823 1.000 262,823 1 0.36%
Texas Star Bank CD 0.65% 04/07/18 04/07/16 245,000 245,000 1.000 245,000 646 0.65%
$ 15,64%901 $ 15,640,901 $ 15,640,901 11 0.55%
(1) (2)
(1) Weighted average life -For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity.
(2) Weighted average yield to maturity -The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered.
The yield for the reporting month is used for pool and bank account investments.
Valley View Consulting, L.L.C.
Page 3.
Portfolio Composition
0.60
0.50
0.40
rn
m
0.30
U
N
0.20
0.10
0.00
Total Portfolio (Millions)
o\000A�\oo\o�\,�o\oo�,�o\oo�,�o
O '6p
Total Portfolio Performance
a�.13 Jn.13 eP,13 e�,13 a�,1� J�.1� eP.1�* e�,1�' a�.15 J�,15 eP.15 eo.15 at.16 J�,16
. TexPool Weighted Average Yield
Valley View Consulting, L.L.C.
Page 4.
Book Value Comparison
Description
Independent Bank
TexPool
Texas Star Bank CD
Texas Star Bank CD
TOTAL
Coupon/
Discount
Maturity
Date
March 31, 2016
Par Value Book Value
June 30, 2016
Purchases/
Sales/Adjust/
stments Maturities Par Value Bank Value
0.55% 07/01/16
0.36% 07/01/16 2625596 2623596 227 2623823 262,823
0.90% 04/07/16 2487893 248,893 (248)893) — —
0.65% 04/07/18 — — 2457000 2453000 245,000
$ 16,5347652 $ %534,652 $ 2459227 $ (1,138,978) $ 15,640,901 $ 15,6409901
16023164 $ 16023164
Market Value Comparison
March 31, 2016
Coupon/ Maturity
Description Discount Date Par Value Market Value
Independent Bank 0,55% 07/01/16 $ 16,023,164 $ 16,0237164
TexPool 0.36% 07/01/16 2623596 262,596
June 30, 2016
Qtr to Qtr
Change Par Value Market Value
$ (8903086) $ 153133,078 $ 153133,078
227 262,823 262, 823
Texas Star Bank CD 0.90% 04/07/16 248,893 248,893 (248,893)
Texas Star Bank CD 0.65% 04/07/16 — — 245,000
TOTAL
$
16,534,652 $ 16,534,652
245,000
245
,000
$ (893,751) $ 15,640,901 $ 15,640,901
Page 5.
Valley View Consulting, L.L.C.
Allocation
Book &Market Value
Independent Bank $
TexPool
Texas Star Bank CD
Totals
Tota
15,133,078
262,823
245,000
15.640.901
General
Operating
$ 11548,476
2069181
122,500
1.877.157
General
Fund =
Restricted
$ 67,383
67,383
Debt Service
Fund =
General
$ 2441254
244,254
General
Capital
Projects
$ 423723
742.723
Utilities
Operating
$ 4,448,899
122,500
4.571.399
Utilities
Funds =
Restricted
$ 6,652,501
56,642
$
6,709,142
June 3®, 2016
EDC
$ 840,112
840,112
CDC
$ 5883732
585,732
Valley View Consulting, L.L.C.
Page 6.
Allocation
March 31, 2016
General Debt Service General Utilities
General Fund - Fund - Capital Utilities Funds -
Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC
Independent Bank $ 16,023,164 $ 15935,783 $ 68,198 $ 230,600 $ 589,030 $ 4,106,783 $ 77812,593 $ 7607794 $ 519,384
TexPool 2623596 2067003 561593
Texas Star Bank CD 248,893 124,446 124,446
Totals $ 16,534,652 $ 2,2665232 $ 682198 $ 230,600 $ 589,030 $ 49231,229 $ 7,869,186 $ 760,794 $ 5197384
Page 7.
Valley View Consulting, L.L.C.
Item No.5.c.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Chief Jenks
Exhibits: Yes
AGENDASUBJECT:
Resolution approving an I nterlocal Agreement with Collin County for Jail Services. (Chief Jenks)
SUMMARY:
The Police Department utilizes, through agreement, the Collin County Jail for all of the jail service
needs that arise from the enforcement of laws by the Anna Police Department's Officers. The
attached Resolution extends the term of the Agreement through September 30, 2017.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution extending the jail services agreement with Collin
County.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving 2017 Jail Services Agreement 7/21/2016 Resolution Letter
2017 Jail Services Agreement 7/8/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR JAIL SERVICES
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that
renewal of the Interlocal Agreement for jail services with Collin County will help preserve
and protect the public health and safety of the City's residents;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Agreement
The City Council hereby approves the Interlocal Jail Services Agreement attached
hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution
of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST:
Carrie L. Smith, City Secretary
APPROVED:
Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1
Interlocal Jail Services Agreement
This agreement is entered into on the day of , 2016, by
and between the City of Anna ("City") and Collin County, a political subdivision
of the State of Texas ("County").
Recitals
The County operates the Collin County Jail in accordance with Chapter 351, Texas Local
Government Code.
2. The County operates the County Jail for the confinement of persons accused or convicted
of an offense.
3. The City desires to obtain certain jail services from the County to be performed for the
City to insure the confinement of persons accused or convicted of an offense.
Therefore, under the authority of the Interlocal Cooperation Act.,., Chapter 791, Texas
Government Code, the parties agree as follows:
Section 1. Definitions
1.01 Jail Services
The term "jail services" means all services legally necessary to provide for the confinement in
the Collin County Jail of persons accused or convicted of an offense.
Section 2. Term
2.01 Term
The term of this Agreement shall be for a period of one (1) year ending September 30, 2017
and may be renewed for an additional one (1) year term as agreed in writing by both parties.
2.02 Termination
Either party may terminate this Agreement by giving ninety (90) days written notice to the
other party.
Section 3. Services
Services to be Provided
The County agrees to provide to City jail services necessary for the confinement of persons
accused or convicted of an offense, subject to the availability of space at the County jail at the
time the City requests jail services. For the purposes of this Agreement, space shall be
deemed to be unavailable when the Collin County Jail is filled to 100% of its capacity.
Section 4. Non -Exclusivity of Service Provision
The parties agree that the County may contract to perform services similar or identical to
those specified in this Agreement for such additional governmental or public entities as the
County, in its sole discretion, sees fit.
Section 5. Compensation
5.01 Basic Charge
The City shall pay the County a Basic Charge of $69.79 per day or part of a day per inmate
that the City requests be confined, and who is confined, in the County jail. If an inmate is
arrested on the City's warrant by another agency and transported to the Collin County Jail, the
City will not be charged if the inmate is released to the City within four (4) hours.
5.02 Additional Charges
In addition to the Basic Charge, the City shall pay County additional charges to reimburse
County for expenses associated with providing jail services to inmates. These charges
include, but are not limited to the following: charges for providing health care services,
including medical, hospital and dental services to inmates.
5.03 Billing
The County shall bill the City monthly for jail services provided under this Agreement. The
City agrees to pay the bills within thirty (30) days of the billing date.
5.04 Cost of Additional Charges
Charges billed to the City for services under Section 5.02 of this Agreement shall be at the
cost to the County of providing those services to the inmates.
5.05 Source of Payment
The City agrees that payments it is required to make under this Agreement shall be made out
of the City's current revenues.
Section 6. Lawful Arrest and Detention
The parties agree that the City will comply with all federal, state and local laws regarding
conditions precedent to arrest and detention including, but not limited to, determinations of
probable cause and other requirements necessary for lawful arrest and detention. Further, the
parties agree that the City is solely responsible for compliance with pre detention procedures
and that the City will hold the County harmless from any liability, including, but not limited
to, obligations, costs, claims, judgments, attorneys' fees, and attachments, caused by or
flowing from failure by the City to comply with conditions precedent to lawful arrest and
detention.
Section 7. Procedures
7.01 Delivery and Release of Inmates
The City agrees to comply with all County rules and procedures regarding jail security in
delivering inmates to the Collin County Jail and receiving inmates to be released.
7.02 Removal on Termination
The City agrees to remove all persons confined on the City's behalf in the Collin County Jail
pursuant to this Agreement at least one (1) day prior to the date of termination of this
Agreement.
Section 8. Civil Liability
Any civil liability relating to the furnishing of services under this Agreement shall be the
responsibility of the City. The parties agree that the County shall be acting as agent for the
City in performing the services contemplated by this Agreement.
The City shall hold the County free and harmless from any obligation, costs, claims,
judgments, attorneys' fees, attachments, and other such liabilities arising from or growing out
of the services rendered to the City pursuant to the terms of this Agreement or in any way
connected with the rendering of said services, except when the same shall arise because of
the willful misconduct or culpable negligence of the County, and the County is adjudged to
be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction.
Section 9. Amendment
This Agreement shall not be amended or modified other than in a written agreement signed
by the parties.
Section 10. Controlling Law
This Agreement shall be deemed to be made under, governed by, and construed in
accordance with, the laws of the State of Texas.
Section 11. Notices
11.01 Form of Notice
Unless otherwise specified all communications provided for in this Agreement shall be in
writing and shall be deemed delivered whether actually received or not forty-eight (48) hours
after deposit in the United States mail, first class, registered or certified, return receipt
requested, with proper postage prepaid or immediately when delivered in person.
11.02 Addresses
All communications provided for in this Agreement shall be addressed as follows:
(a) if the County, to:
Keith Self, County Judge
Collin County Administration Bldg
2300 Bloomdale Road
McKinney, Texas 75071
(b) if to the County, Copy to:
Sheriff Terry G. Box
Collin County Sheriff's Office
4300 Community Ave.
McKinney, Texas 75071
(b) if the City, to:
or to such person at such other address as may from time to time be specified in a notice
given as provided in this Section 11. In addition, notice of termination of this Agreement by
the City shall be provided by the City to the County Judge of Collin County as follows:
The Honorable Keith Self
Collin County Judge
Collin County Administration Bldg.
2300 Bloomdale Road
McKinney, Texas 75071
Section 12. Resolution of Disputes
Should a dispute arise out of this agreement, County and City shall first attempt to
resolve it through direct discussions in a spirit of mutual cooperation. If the Parties'
attempts to resolve their disagreements through negotiations fail, the disputes will be
mediated by a mutually acceptable third party to be chosen by County and City within
fifteen (15) days after written notice by one Party to the other demanding mediation
under this section. The County and City shall share equally in the costs of the
mediation. The purpose of this Section is to reasonably ensure that County and City
shall in good faith utilize mediation or another non -binding dispute resolution process
before pursuing litigation. A Party's participation in mediation or another non -binding
dispute resolution process shall not be construed as a waiver by a Party of (1) any
rights, privileges, defenses, remedies or immunities available to a Party; (2) a Party's
termination rights; or (3) other termination provisions or expiration dates provided
herein.
Section 13. Captions
The headings to the various sections of this Agreement have been inserted for convenient
reference only and shall not modify, define, limit or expand the express provision of this
Agreement.
Section 14. Counterparts
This Agreement may be executed in counterparts, each of which, when taken separately, shall
be deemed an original.
Section 15.. Obligations of Condition
All obligations of each party under this Agreement are conditions to further performance of
the other party's continued performance of its obligation under the Agreement.
Section 16.. Exclusive Right to Enforce this Agreement
The County and the City have the exclusive right to bring suit to enforce this Agreement, and
no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this
Agreement.
Section 17. Prior Agreements Superseded
This Agreement constitutes the sole and only agreement of the parties hereto and supersedes
any prior understanding or written oral agreements between the parties respecting the services
to be provided under this Agreement.
In witness whereof, the parties hereto have executed this Agreement as of the day and year
first above written.
"County"
Collin County, Texas
Date:
Keith Self, County Judge
"City"
City of , Texas
By: Date:
I
y{OUR) HOMETOWN
AGENDASUBJECT:
Item No.5.d.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Maurice Schwanke
Exhibits: Yes
Resolution approving a Replat of Sister Groves Estates, Lots 1, 2, and 3. (Maurice Schwanke)
SUMMARY:
Hannibal Shelton Boone and Van Lawrence have submitted an application for approval of a Replat
of lots 1, 2, and 3, the Sister Grove Estates. The property consists of approximately 4.053 acres
of land that is located north of Sam Rayburn Hwy and east of the Collin County Outer Loop. The
purpose of the re -plat is to take the three (3) existing lots and turn it into 1 lot. The property is
zoned as SF-E (Single Family Large Lot - Residential). The submittal meets the City of Anna plat
requirements. The Planning and Zoning Commission has recommended approval of this Replat.
STAFF RECOMMENDATION:
Staff recommends approval of the Replat.
ATTACHMENTS:
Description
Location Map
Resolution
Sister Grove Estates Re -plat (Exhibit 1)
Upload Date
Type
7/5/2016
Backup Material
7/21 /2016
Resolution Letter
7/5/2016
Exhibit
417
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CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A RE -PLAT OF LOTS 1,
2, & 3, SISTER GROVE ESTATES.
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, Hannibal Shelton Boone and Van Lawrence have submitted an application for
approval of the re -plat of lots 1, 2, and 3, the Sister Grove Estates 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 Re -Plat
The City Council hereby approves the Re -plat of lots 1, 2, and 3, of the Sister Grove Estates
attached hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t", day
of July, 2016.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
OWNER'S CERTIFICATE
STATE OF TEXAS )(
COUNTY OF COLLIN )(
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WHEREAS Hannibal Shelton Boone and Van Lawrence are the owners of a tract of land situated in the City of Anna, Collin
County, Texas, being in the Hiram Brinlee survey, abstract no. 30, being a survey of part of Lots 1, 2 & 3 of Sister Grove Estates,
recorded in volume N. page 37 of the plat records of Collin County, Texas; being described by metes and bounds as follows:
BEGINNING at a %cinch iron pin set at the northwest comer of said Lot 3;
THENCE easterly with the north line of said Lot 3 as follows:
North 89009'170 East, 21.90 feet;
South 75048'38" East, 33.14 feet;
North 80*24'37" East, 33.45 feet to the northeast comer of said Lot 3; a Yr-inch iron pin set bears South 26*17'35" East,
50.00 feet;
THENCE South 26017'35" East, with the east line of said Lot 3, 626.26 feet to an iron pin found with an aluminum cap at the
northeast comer of the 1.079 acre tract recorded as clerk's file no. 20131028001467990; same being in the northwest right-of-way
line of State Highway 121;
THENCE South 51028'42" West, with the northwest right-of-way line of said State Highway 121 and the southeast line of said
1.079 acre tract, 456.98 feet to a Inch iron pin set at the northwest comer of said 1.079 acre tract; same being in the west line of
said Lot 1;
THENCE North 00"27'55" West, with the west line of said Lot 1, passing the north comer of said Lot 1 and the southwest
comer of said Lot 2 at 380.06, continuing with the west line of said Lot 2, passing the north comer of said Lot 2 and the southwest
comer of said Lot 3 at 703.67 feet and continuing with the west line of said Lot 3, in all, 848.34 feet to the PLACE OF BEGINNING
and containing 4.053 acres.
STATE OF TEXAS )(
COUNTY OF COLLIN )(
NOW, THEREFORE, KNOW ALL MEN BY THESES PRESENTS:
That, Hannibal Shelton Boone and Van Lawrence do hereby adopt this plat designating the herein above described property as
AMENDING PLAT OF LOT 1 R, SISTER GROVE ESTATES, BEING A REPLAT OF LOTS 1, 2 & 3, SISTER GROVE ESTATES, an
addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown
thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for
the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and
accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said
use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall
have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths
which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said
easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their
respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding
to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone.
WITNESS my hand
Hannibal Shelton Boone, Owner
Texas, this the day of
2016.
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared Hannibal Shelton Boone,
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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
Van Lawrence, Owner
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared Van Lawrence, 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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
SURVEYOR'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENT:
That I, G. M. Geer do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate
survey of the land and that the comer monuments shown thereon were properly placed under my personal supervision.
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE
AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT
G. M. Geer, Registered Professional Land Surveyor, No. 4117
STATE OF TEXAS: )(
COUNTY OF COLLIN: )(
Before me, the undersigned authority, a notary public in and for the state, on this day personally appeared G. M. Geer 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 consideration therein expressed, and in the capacity therein stated.
Given under my hand and seal of office, this the day of ,2016.
Notary Public in and for the State of Texas
Approved this day of , 2016, by the City Council of the City of Anna, Texas.
Mayor
City Secretary
BEARING BASE: EAST LINE OF LOT 3, SISTER GROVE
ESTATES, VOLUME N, PAGE 37 C❑LLIN COUNTY PLAT
RECORDS,
L E 6 E N D
D&UE DRAINAGE & UTILITY EASEMENT
DE DRAINAGE EASEMENT
X DENOTES ITEM SEEN ON PLAT OF SISTER GROVE
ESTATES, VOLUME N, PAGE 37 C❑LLIN COUNTY
PLAT RECORDS
MIMI=
1 "= 60'
60' 0' 60' 120'
Graphic Scale In Feet
FIRM: GEER SURVEYING & ENGINEERING
FIRM REGISTRATION # 10082100
AMENDING PLAT
,Slater urove Estates
rry�Ilh
BEING A REPLA T OF LOTS 1, 2 & 3
SISTER GR0 VE ES TA TES
4.053 ACRES IN
0WNER.-
HANNISAL SHEL TON BOONE
9617 SOLANA VISTA
Austin, Texas 78750-8558
THE HIRA M BRINL EE SURVEY,
COLLIN COUNTY, TEXAS
OWNER.
VAN LA WRENCE
5734 LAW WINCE LANE
McKinne)l, Texas 75071
ABSTRACT 30
SURVEYOR.•
G. M. GEER
1101 WEST UN/ VERSI TY DRI VE
McKinney, Texas 75069
(972) 562-3959
DATE.- JUNE 8, 2016
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.5.e.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Joseph Johnson
Exhibits: None.
Authorize the City Manager to solicit bids for the Fiscal Year 2016 Street Rehabilitation Project.
(Joseph Johnson)
SUMMARY:
Staff is requesting Council authorization to solicit bids for the Fiscal Year (FY) 2016 Street
Rehabilitation Project. Staff is recommending Fern Street as the FY 2016 project. Fern Street is an
asphalt road approximately 1,300 linear feet in length that intersects SH 5 just south of the Anna
Middle School. We estimate that the project will cost approximately $120,000. Staff is proposing to
complete the project in phases as funds remaining in the current fiscal year budget are not
sufficient to complete the entire project. We are proposing to time the project so that we would
commence Phase 1 of the project prior to the end of the 2016 fiscal year and finish Phase 2 of the
project within the first two weeks after the beginning of the 2017 fiscal year. Phase 1 would consist
of milling, haul -off and subgrade stabilization. Phase 2 would consist of installing the asphalt
material. Funding in the amount of $80,000 is available in the current fiscal year and funding is
expected to be available in the 2017 fiscal year to complete the project.
STAFF RECOMMENDATION:
Staff recommends approval of this item authorizing the City Manager to solicit bids for the Fiscal
Year 2016 Street Rehabilitation Project.
ATTACHMENTS:
Description Upload Date Type
Fern Street Exhibit 7/19/2016 Exhibit
Street Rehabilitation — FY 16
— FY / 6 Recommended Project —
1. Fern — 1.300 linear feet
2. Valley gutter in street
3. FY 16 recommended project
4. Funding strategy — FY 16 and FY 17 funds
Ann
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.6.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Joseph Johnson
Exhibits: Yes
Consider/Discuss/Action on a Resolution approving an amendment to the Potable Water Pass
Through & Pumping Agreement with the City of McKinney. (Joseph Johnson)
SUMMARY:
The Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed in 2007 to serve water to
the Cities of Howe, Van Alstyne, Anna and Howe. This pipeline provides the City of Anna with a
secondary source of potable water (surface water) to supplement the production of our wells.
During the planning phases of the project, the Greater Texoma Utility Authority (GTUA) reached an
agreement with the North Texas Municipal Water District ("NTMWD") to purchase potable water on
the north side of McKinney. However, the NTMWD did not have a major transmission line in the
area which ultimately led to discussions with the City of McKinney of purchasing the water from
NTMWD and paying McKinney a fee to pass the water through their system for delivery to the
CGMA system.
This was a temporary measure as it was understood that NTMWD would be building a transmission
line in the vicinity of the CGMA pump station in the coming years. As development slowed after the
economic downturn beginning around 2007, the plans for constructing this pipeline slowed down
as well. The NTMWD's transmission line is currently under design and scheduled to be complete in
May of 2018.
The agreement reached with McKinney expires in September of 2016 which necessitated the
pursuit of an extension to our existing pass through agreement that will keep us under contract until
we can receive water from NTMWD directly. The proposed amendment has no substantial
changes from the existing contract as it was focused on extending the contract to September 30,
2019 or until we have a connection with NTMWD, whichever is sooner.
GTUA and the City of McKinney have already approved the amendment and are now requesting
that each CGMA City also approve it.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and amendment.
ATTACHMENTS:
Description Upload Date Type
Resolution 7/21/2016 Resolution Letter
Contract Amendment (Exhibit 1) 7/8/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT
TO THE POTABLE WATER PASS THROUGH & PUMPING AGREEMENT WITH THE
CITY OF MCKINNEY.
WHEREAS, the Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed
in 2007 to serve water to the Cities of Howe, Van Alstyne, Anna and Howe; and
WHEREAS, during the planning phases of the project, the Greater Texoma Utility
Authority ("GTUA") reached an agreement with the North Texas Municipal Water District
("NTMWD") to purchase potable water on the north side of McKinney; and
WHEREAS, the agreement reached with McKinney expires in September of 2016 which
necessitates an extension to the existing pass through agreement; and
WHEREAS, the proposed amendment extends the contract to September 30, 2019 or
until the CGMA pipeline is connected to the NTMWD system, whichever is sooner;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Amendment to Interlocal Agreement
The City Council hereby approves an amendment to the Second Amendment to Greater
Texoma Utility Authority - City of Mckinney Potable Water Pass Through & Pumping
Agreement, attached hereto as Exhibit 1, and authorizes, ratifies and approves the
Mayor's execution of same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
GREATER TEXOMA UTILITY AUTHORITY
5100 Airport Drive
Denison TX 75020
Ph. (903) 786-4433
Fax (903) 786-8211
gtua@gtua.org
MEMO
TO: Collin Grayson Municipal Alliance Members
(see distribution list below)
FROM: Drew Satterwhite, P.E.
General Manager
DATE: June 30, 2016
RE: Amendment to the Potable Water Pass Through & Pumping Agreement with the City of
McKinney
The Collin Grayson Municipal Alliance ("CGMA") pipeline was constructed in 2007 to serve water to
the Cities of Howe, Van Alstyne, Anna and Howe ("Cities"). During the planning phases of the
project, the Greater Texoma Utility Authority ("Authority") reached an agreement with the North
Texas Municipal Water District ("NTMWD") to purchase potable water on the north side of
McKinney. However, the NTMWD did not have a major transmission line in the area which
ultimately led to discussions with the City of McKinney of purchasing the water from NTMWD and
paying McKinney a fee to pass the water through their system for delivery to the CGMA system.
This was a temporary measure as it was understood that NTMWD would be building a transmission
line in the vicinity of the CGMA pump station in the coming years. As development slowed down
after the economic downturn beginning around 2007, the plans for constructing this pipeline
slowed down as well. The NTMWD's transmission line is currently under design and scheduled to
be complete in May of 2018. The agreement reached with McKinney expires in September of 2016
which necessitated the pursuit of an extension to our existing pass through agreement that will
keep us under contract until we can receive water from NTMWD directly.
The proposed amendment has no substantial changes from the existing contract as it was focused
on extending the contract to September 30, 2019 or until we have a connection with NTMWD,
whichever is sooner. The Authority and the City of McKinney have already approved the
amendment and we are now requesting that you place this on your next council agenda for
approval. We have provided 6 signature pages for your respective City and after we receive all
signature pages, we will compile an original contract for all parties to the agreement. Please let
me know if you would like for me to attend the council meeting at which your council plans to
consider this agreement.
DKS
Distribution: Melissa — Mayor Reed Greer, City Manager Jason Little
Anna — Mayor Mike Crist, City Manager Phillip Sanders
Van Alstyne — Mayor Larry Cooper, City Manager Frank Baker
Howe — Mayor Jeff Stanley, City Administrator Joe Shephard
Don Paschal — CGMA Facilitator
Attachments: Second Amendment to Greater Texoma Utility Authority— City of McKinney Potable
Water Pass Through & Pumping Agreement
SECOND AMENDMENT
TO
GREATER TEXOMA UTILITY AUTHORITY — CITY OF MCKINNEY
POTABLE WATER PASS THROUGH & PUMPING AGREEMENT
Effective Date: May 3, 2016
THIS SECOND AMENDMENT, is made and entered into effective the 3rd day of May, 2016 to
that one certain Original Agreement dated effective the 30th day of November, 2004, which
Agreement was subsequently amended August 20, 2006 (collectively the "Amended
Agreement") by and between the CITY OF McKIAWEY, TEXAS, a municipal corporation,
hereinafter called the "City," and the GREATER TEXOMA UTILITY AUTHORITY,
hereinafter called "GTUA," provides:
1. Section 8 of the Amended Agreement shall be amended to read as follows:
RATE FOR WATER DELIVERED BY AGREEMENT IN EXCESS OF
MAXIMUM. During the amended term hereof, McKinney and GTUA may
agree to the delivery by McKinney of additional volumes of water, in excess of
those described in Column 2, Exhibit B, as amended. The rate for any amounts
delivered under this Section 8 shall be as depicted on Columns 3 and 4, Exhibit B,
as amended.
2. Section 10 (e), of the Amended Agreement shall be amended to read as follows:
e. Remedies for NTMWD's Failure to Commence Construction of Delivery
Point. McKinney shall have the unilateral right to terminate this Amended
Agreement if by January 1, 2018 NTMWD has failed to initiate, in
McKinney's sole determination, sufficient plans for design, funding, and
construction of the NTMWD-GTUA delivery point contemplated by this
Amended Agreement. Upon such determination by McKinney and after 180
days written notice to GTUA, this Amended Agreement shall terminate;
however, GTUA shall have the continuing obligation to transfer the New
Transmission Line under Section 10 (a) if such line was has been constructed.
3. Section 12 of the Amended Agreement shall be amended to read as follows:
TERM OF AGREEMENT. So long as no default shall exist, McKinney shall
exercise its best efforts to complete the design and necessary utility infrastructure
to effectuate this Amended Agreement, which if completed shall have a primary
term commencing on December 31, 2006 (or sooner if McKinney completes the
necessary utility infrastructure) and continue in force and effect until its
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 1 of 8
termination on September 30, 2019 (or thirteen [13] years after the
commencement date whichever is sooner), unless:
McKinney agrees to extend the Amended Agreement on a year-to-year basis if 1)
McKinney determines, in its sole discretion, that it has available capacity for any
requested extension term after September 30, 2019, 2) the increased volumes
requested are not more than 2.5 MGD over the previous year's volumes, and 3)
GTUA agrees to a price for water delivery which is not less than 150% more than
the previous year's Base Cost; however in no event shall the agreement be
extended without the mutual agreement to the then existing timeline for the
pending the completion of a new NTMWD transmission facility designed to
provide service to GTUA; however in no event shall this Agreement be extended
more than three (3) consecutive one-year extensions; OR,
NTMWD completes construction of an adequate transmission facility designed to
serve GTUA prior to the termination of this Amended Agreement, such as the
transmission facility contemplated by NTMWD and the City of McKinney as a
component of the planned McKinney Delivery Point # 4. In such event, this
Amended Agreement shall be immediately terminated upon the connection of the
NTMWD transmission line to the GTUA Point of Delivery and upon final
payment for any costs incurred by GTUA to McKinney under this Amended
Agreement.
This SECOND AMENDMENT to the Potable Water Pass Through and Pumping Agreement
shall be effective as of May 3, 2016.
IN WITNESS WHEREOF, the CITY OF McKINNEY, TEXAS has caused this SECOND
AMENDMENT to be signed and executed in its behalf by its Interim City Manager, and duly
attested by its City Secretary, and the GTUA has signed and executed this Agreement, both in
duplicate, as of the dates written below.
[signatures on the following pages]
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 2 of 8
GREATER TEXOMA UTILITY AUTHORITY
Denison, Texas
President, Board of Directors
Attest:
GREATER TEXOMA UTILITY AUTHORITY
Denison, Texas
Secretary, Board of Directors
Accepted and agreed to:
Tom Muehlenbeck
Interim City Manager
City of McKinney, Texas
Attest:
SANDY HART, TRMC, MMC
City Secretary
City of McKinney, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 3 of 8
[Signatures below are needed]
Printed Name:
Mayor
City of Anna, Texas
Attest:
Printed Name:
City Secretary
City of Anna, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 4 of 8
Printed Name:
Mayor
City of Melissa, Texas
Attest:
Printed Name:
City Secretary
City of Melissa, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 5 of 8
Printed Name:
Mayor
City of Howe, Texas
Attest:
Printed Name:
City Secretary
City of Howe, Texas
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 6 of 8
Printed Name:
Mayor
City of Van Alstyne, Texas
Attest:
Printed Name:
City Secretary
City of Van Alstyne,
Texas
PREPARED IN THE OFFICES OF:
BROWN & HOFMEISTER, L.L.P.
740 East Campbell Road, Suite 800
Richardson, Texas 75081
214/747-6100
214/747-6111 Fax
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 7 of 8
Exhibit B to Amended Agreement
[to include the entire text from Amended Agreement including the revised Columns 2-4]
SECOND AMENDMENT POTABLE WATER AND PASS THROUGH AGREEMENT
Page 8 of 8
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.7.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits:
Presentation of the Proposed FY 16-17 annual budget. (Clayton Fulton)
SUMMARY:
Staff will present a draft of the FY 17 budget. The draft budget will be a condensed version of the
final budget as the formatting, layout, and supporting materials are finalized. All substantive
budgetary information will be presented during this meeting.
Staff will present a review of the entire budget including the supplemental requests highlighting
what is recommended for funding.
Staff anticipates receiving the certified taxable values from the Collin CAD no later than Friday July
22nd; however, the statutory deadline for the CAD to certify is Monday July 25th. Staff intends to
present the certified values during the budget presentation. Paper copies of the draft budget will
be provided at the meeting.
STAFF RECOMMENDATION:
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.8.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Finance Director
Exhibits:
Consider/Discuss/Action regarding a Resolution setting the date, time, and place for a Public
Hearing on the FY 16-17 annual budget. (Clayton Fulton)
SUMMARY:
City Charter requires the City Council to name the date and place of a public hearing on the
budget. The Charter further requires that the public hearing be published in the official newspaper
at least twice. Staff will work with the Anna Melissa Tribune to publish notice of the hearing on
August 4th and again on August 11 th
Staff recommends that the public hearing on the FY 2017 Budget be held at 7:30 p.m. on August
23, 2016 at Anna City Hall.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution 7/21/2016 Resolution Letter
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, NAMING THE DATE AND PLACE
OF A PUBLIC HEARING ON THE FY 2016-2017 BUDGET.
WHEREAS, Section 7.02 of the City of Anna, Texas (the "City") Home Rule Charter (the
"Charter") states that on or before the 15th day of August of the fiscal year, the City
Manager must submit to the City Council a budget for the ensuing fiscal year; and
WHEREAS, Section 7.05 of the Charter further states that at the Council meeting
when the budget is submitted, the City Council must name the date and place of the
public hearing on the budget;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes
Section 2. Appointment of City Secretary.
The Council hereby sets August 23, 2016 at 7:30 p.m. as the date and time for the public
hearing on the FY 2016-2017 budget, said hearing to be held in the City Council
Chambers of the Municipal Building located at 111 N. Powell Parkway in Anna, Texas.
The Council further directs that notice of the time and place of the public hearing be
published in the official newspaper of the City as required in Section 7.05 of the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.9.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits:
First reading of a Resolution authorizing the Anna Community Development Corporation to
undertake a project related to a real estate sales contract to purchase land generally located at the
NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
SUMMARY:
The economic development boards have been pursuing a land purchase for several months. The
land is generally located at the Northeast corner of hwy. 5 and the Collin County Outer Loop. The
intent of the development corporations is to market the land as a Business Park to increase
employment in Anna and diversity the tax base. The proposed financing plan includes cash
investments by the CDC and the EDC as well as issuance of CDC sales tax revenue bonds.
The resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit A). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Two readings of the Resolution are required prior to adoption. This is the first reading of the
Resolution. The presiding officer should read the following:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNAAPPROVING AND AUTHORIZING
A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC DEVELOPMENT CORPORATION"
I
Yi0W HOMETOWN
AGENDASUBJECT:
Item No.10.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits:
Second reading of a Resolution authorizing the Anna Community Development Corporation to
undertake a project related to a real estate sales contract to purchase land generally located at the
NE corner of Hwy. 5 and the Collin County Outer Loop. (Jessica Perkins)
SUMMARY:
The economic development boards have been pursuing a land purchase for several months. The
land is generally located at the Northeast corner of hwy. 5 and the Collin County Outer Loop. The
intent of the development corporations is to market the land as a Business Park to increase
employment in Anna and diversity the tax base. The proposed financing plan includes cash
investments by the CDC and the EDC as well as issuance of CDC sales tax revenue bonds.
The resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit A). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Two readings of the Resolution are required prior to adoption. This is the second reading of the
Resolution. The presiding officer should read the following:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT BY THE
ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE ANNA ECONOMIC
DEVELOPMENT CORPORATION"
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.11.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact: Jessica Perkins
Exhibits: Yes
Consider/Discuss/Action regarding a Resolution authorizing a project related to a real estate sales
contract by the Anna Community Development Corporation and the Anna Economic Development
Corporation to purchase land generally located at the NE corner of Hwy. 5 and the Collin County
Outer Loop. (Jessica Perkins)
SUMMARY:
The City's economic development corporations have negotiated a contract to purchase an 85-acre
tract of land generally located at the Northeast corner of SH 5 (Powell Parkway) and the Collin
County Outer Loop. The Corporations intend to develop the land as a business park that will
increase employment in Anna and diversity the tax base. The proposed financing plan includes
cash investments by the Anna Community Development Corporation (CDC) and the Anna
Economic Development Corporation (EDC) as well as issuance by the CDC of sales tax revenue
bonds for the remainder of the purchase price.
The Resolution authorizes the CDC and EDC to execute the attached land sale/purchase contract
(Exhibit E). Both boards have already reviewed and approved the sale/purchase contract.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution EDC CDC Real Estate Sales Contract 7/20/2016 Resolution Letter
Real Estate Sales Contract (Exhibit E) 7/20/2016 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND
AUTHORIZING A PROJECT RELATED TO A REAL ESTATE SALES CONTRACT
BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION AND THE ANNA
ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the Anna Community Development Corporation (the "CDC") and the
Anna Economic Development Corporation (the "EDC") were created by the City of
Anna, Texas (the "City"), in accordance with Article 5190.6, V.A.T.C.S., Section 4A
and 4B, and now operate under Texas Local Government Code, Title 12, Subchapter
C-1 (the "Act"); and
WHEREAS, the CDC and the EDC intend to purchase and use, maintain, and
dispose of a certain tract of real property described in the attached EXHIBIT E (the
"Project") found by the CDC Board of Directors and the EDC Board of Directors
(collectively, "Corporations' Boards") to promote new or expanded business
development; and
WHEREAS, the Corporations' Boards have found that the Project and the written
agreement and associated documents necessary to purchase the subject property are
in the financial interests of the CDC and EDC; and
WHEREAS, the City Council, after considering the Project and giving this resolution two
separate readings, is in agreement with the above -referenced findings of the CDC and
the EDC and by this resolution authorizes the Project; and
WHEREAS, the above -referenced purchase will be financed with sales tax revenue
obligations to be issued by the Anna CDC Corporation and paid from sales tax
revenues and other resources of the Corporations;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL,
THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization of Project
The City of Anna City Council hereby authorizes the Project and approves of the
authorized representative(s) of the CDC and EDC to enter into a Real Estate Sales
Contract (the "Agreement") attached hereto as EXHIBIT E. The City of Anna City
Council further approves of the authorized representative(s) of the CDC and EDC to
execute any associated documents necessary to consummate the purchase of the
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
property that is the subject of the Agreement and to use, maintain and dispose of said
property in accordance with the Act.
PASSED AND APPROVED by the Anna Community Development Corporation this
day of , 2016.
APPROVED:
City Secretary, Carrie L. Smith
ATTEST:
Mayor, Mike Crist
CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
Real Estate Sales Contract
This contract to buy and sell real property is between Seller and Buyer as identified below and is effective
on the date ('Effective Date") of the last of the signatures by Seller and Buyer as parties to this contract. Buyer
must deliver the Earnest Money to Title Company before the Earnest Money Deadline provided in section A.1. for
this contract to be effective.
Seller:
Harlan Properties, Inc.
Address:
2404 Texas Dr Ste 103
Irving, TX 75062-7011
c/o Suresh Shridharani
Phone:
(972) 659-0655 x 1 10
Type of entity:
Texas Corporation
Buyer: Anna Economic Development Corporation and
Anna Community Development Corporation or Assigns
Address: I I I N. Powell Parkway
P.O. Box 776
Anna, TX 75409-0776
c/o Jessica Perkins
Phone: (972)924-3325
Type of entity: Anna Economic Development Corporation — a Type A Development Corporation;
and Anna Community Development Corporation — a Type B Development
Corporation
Property: Approximately 85.571 gross acres of real property out of that certain 246.815 acre
tract located at the northeast corner of the intersection of the Collin County Outer
Loop and S.H. 5 in the City of Anna, Collin County, Texas, more particularly
described in Exhibit A, which is incorporated here as if set forth in full
("Property").
Title Company:
Address:
Phone:
Underwriter:
Purchase Price
Cash portion:
Total purchase price:
Reunion Title Company
2404 Texas Drive, # 102
Irving, Texas 75062
c/o Alana Bailey
(972)871-7000
Title Company's choice.
$2,810.000.00
$2,810,000.00
Additional Consideration. At Buyer's sole cost and in accordance with applicable municipal requirements,
subsequent to Closing, Buyer may provide and install a domestic water line from
Highway 5 to Clemmons Creek to be available for the future development of
Seller's remainder land upon the commencement of development of such
remainder of Seller's land. If Buyer does not provide and install such water line
then Seller may install said line at its own costs and receive reimbursement from
the City of Anna, Texas (the "City") to the extent appropriate under the City's
Capital Improvement Plan and any other applicable regulations. Size and location
of the line shall be determined by the City of Anna in its sole discretion and an
Real Estate Sales Contract Page 1 of 11
easement therefor shall be included in any plat of the Property. The covenants of
Buyer in this paragraph shall survive closing and shall run with the Property.
Earnest Money: $50,000.00
County for Performance: Collin County, Texas
A. Deadlines and Other Dates
All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls
on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday,
Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the
essence.
Earnest Money Deadline: within five (5) days of Buyer's execution and delivery of this contract to
Title Company.
2. Delivery of Title Commitment: twenty-one (21) days after the Effective Date.
3. Delivery of legible copies of instruments referenced in the Title Commitment: twenty-one (21)
days after the Effective Date.
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible
copies of the instruments referenced in the Title Commitment, and the Survey.
5. Closing Date: a date that is on or before the thirtieth (30th) day following the Feasibility Review
Period; provided, however, in any event the Closing Date shall occur by November 30, 2016. The Closing Date
shall not be extended unless extended wider a mutually agreeable duly executed amendment to this Agreement.
6. Survey: fifteen (15) days after the Effective Date.
7. Due Diligence Materials: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any Property -related zoning, environmental reports, tests or drawings currently in Seller's possession (the
"Materials") to Buyer.
8. Governmental Notifications: Within twenty-one (21) days of the Effective Date, Seller will deliver
copies of any pending or proposed governmental matters related to the Property including, without limitation.
TxDot, county or municipal notifications (the "Notifications") currently in Seller's possession to Buyer.
B. Closing Documents
At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit D (the "Deed")
Bill of Sale
Real Estate Sales Contract Page 2 of 11
Affidavit of No Leasehold Interests (fully executed and in the form and substance attached
hereto as Exhibit Q.
IRS Nonforeign Person Affidavit
Evidence of Seller's authority to close this transaction
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer's authority to consummate this transaction
The documents listed in this section B are collectively known as the "Closing Documents."
C. Exhibits
The following exhibits are attached to and are a part of this contract:
Exhibit A —Description of the Property
Exhibit 13Representations; Environmental Matters
Exhibit C—Affidavit of No Leasehold Interests
Exhibit D—Deed
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property, to Buyer, and Buyer agrees to buy and pay Seller for the
Property in accordance with the terms of this contract. The promises by Buyer and Seller stated in this contract are
the consideration for the formation of this contract.
E. Interest on Earnest Money
Buyer may direct Title Company to invest the Earnest Money in an interest -bearing account in a federally
insured financial institution by giving notice to Title Company and satisfying Title Company's requirements for
investing the Earnest Money in an interest -bearing account. Any interest earned on the Earnest Money will be paid
to the party that becomes entitled to the Earnest Money. If Buyer fails to deposit the Earnest Money, in accordance
with A.1, with the Title Company, then Seller may, at Seller's option, terminate this contract by delivering a written
termination notice to Buyer at any time until Buyer deposits the Earnest Money with the Title Company.
F. Title and Survey and Feasibility Review Period
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate
licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the
Property examined by an attorney of Buyer's own selection or be famished with or obtain a policy of title
insurance.
2. Title Commitment; Title Policy. "Title Commitment" means a Commitment for Issuance of an
Owner Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the
Property. The "effective date" stated in the Title Commitment must be after the Effective Date of this contract.
Real Estate Sales Contract Page 3 of I I
"Title Policy" means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in
conformity with the last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have one hundred and twenty (120) days (the "Feasibility
Review Period") after the Effective Date in which to conduct environmental testing, geotechnical borings and other
studies of the Property and, in connection therewith, Buyer and its agents and contractors shall have the right of
entry onto the Property for such purposes and Buyer agrees to indemnify Seller for Buyer's on -site related Property
activities and all costs associated with such entry and tests made on the Property; this indemnity shall survive
closing or termination of this contract. If Buyer determines, in Buyer's sole and absolute discretion, that the
Property is not suitable for Buyer's intended use or purpose, Buyer shall have the right upon written notice to Seller
within the Feasibility Review Period to terminate this contract in which event the Earnest Money shall be fully and
completely refunded to Buyer.
4. Intentionally Deleted.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title
Commitment by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. ("Title Objection Deadline") to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify
Seller of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters
reflected by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline.
The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies
Seller of any Title Objections, Seller has fifteen (15) days from receipt of Buyer's notice to notify Buyer whether
Seller agrees to cure the Title Objections before closing ("Cure Notice"). If Seller does not timely give its Cure
Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may,
within five days after the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is
terminated (in which event the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to
Seller's obligations to resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the
Property, remove all exceptions that arise by, through, or under Seller after the Effective Date, and cure only the
Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items
that are listed on Schedule C of the Title Commitment which are Seller's responsibility to resolve, remove all such
liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure
the Title Objections that Seller has agreed to cure.
7. Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy
thereof to Seller by the deadline specified in A6 above. The survey shall be a current on -the -ground survey of the
Property that substantially complies with the requirements of a Category IA, Condition I or II (as applicable)
survey in the Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of
Professional Land Surveying and shall be adequate to enable the Title Company to delete the survey exception in
the Title Policy (except for "shortages in area"). Once the Survey has been completed, the legal description of the
Property shown therein shall be substituted for the legal description in Exhibit A and shall serve as the legal
description of the Property in the Deed.
G. Condition of the Property until Closing; Cooperation; No Recording of Contract
1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same
manner as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements,
restrictions or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts
Real Estate Sales Contract Page 4 of 11
or encumbrances, if any, without Buyer's prior written consent, except that Seller must terminate any existing
leases before Closing.
2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the
Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before closing.
Buyer may terminate this contract if the casualty damage that occurs before closing would materially affect Buyer's
intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty, in which event the Earnest Money shall be refunded to Buyer. If Buyer does not terminate this contract,
Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller's rights under
any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and
coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the
casualty damage and less any amounts previously paid by Seller to repair the Property. If Seller has not insured the
Property and Buyer does not elect to terminate this contract in accordance with this section, the Purchase Price will
be reduced by the cost to repair the casualty damage.
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi -governmental
authority. Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of
the Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing
if Seller's notice is received less than fifteen days before closing), in which event the Earnest Money shall be
refunded to the Buyer. If Buyer does not terminate this contract, (a) Buyer and Seller will each have the right to
appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in
condemnation will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property
will be revised to delete the portion taken.
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or
administrative hearing that is threatened, filed, or initiated before closing that affects the Property.
H. Closing
1. Closing. This transaction will close at Title Company's offices on the Closing Date. At closing, the
following will occur:
a. Closing Documents. The parties will execute and deliver the Closing Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts or
documents that Buyer is obligated to pay or execute under this contract to or by Title
Company in funds or documents acceptable to Title Company and Seller. The Earnest
Money will be applied to the Purchase Price.
c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse
the Purchase Price and other funds in accordance with this contract, record the deed and
any other Closing Documents necessary to be recorded, and distribute copies of the
Closing Documents to each party.
d. Possession. Unless otherwise agreed, Seller will deliver possession of the Property to
Buyer, subject to the Permitted Exceptions existing at Closing.
2. Transaction Costs
a. Seller's Costs. Seller will pay for the basic charge for the Title Policy; one-half of the
Real Estate Sales Contract Page 5 of 11
escrow fee charged by Title Company; the costs to prepare the deed; the costs to obtain,
deliver, and record releases of all liens to be released at closing; the costs to record all
documents to cure Title Objections agreed to be cured by Seller, and certificates or reports
of ad valorem taxes; the costs to deliver copies of the instruments described in section AA.;
and Seller's expenses and attorney's fees. At closing, provided closing actually occurs,
Seller agrees to credit Buyer for the cost of the survey up to the maximum amount of
$2,500.00.
b. Buyer's Costs. Buyer will pay for the new survey; one-half of the escrow fee charged by
Title Company; the costs to obtain, deliver, and record all documents other than those to be
recorded at Seller's expense; the additional premium for the "survey/area and boundary
deletion" in the Title Policy, if the deletion is requested by Buyer; the costs of work
required by Buyer to have the survey reflect matters other than those required under this
contract; and Buyer's expenses and attorney's fees.
C. Ad Valorem Tares. As permitted under IRC 5010 regulations for Buyer, ad valorem taxes
for the Property for the calendar year of closing will be prorated between Buyer and Seller
as of the Closing Date. Seller's portion of the prorated taxes will be paid to Buyer at
closing as an adjustment to the Purchase Price. If the assessment for the calendar year of
closing is not known at the Closing Date, the proration will be based on taxes for the
previous tax year, and Buyer and Seller will adjust the prorations in cash within thirty days
of when the actual assessment and taxes are known. Seller will promptly notify Buyer of
all notices of proposed or final tax valuations and assessments that Seller receives after the
Effective Date and after closing. All taxes due as of closing will be paid at closing. If this
sale or a change in use of the Property or the denial of any special use valuation on the
Property results in the assessment after Closing of additional taxes applicable to the period
of time before the Closing (including any so called "roll back" impositions), Buyer shall
pay the additional taxes plus any penalties and interest immediately upon a written
statement therefor and hold Seller harmless therefrom. The parties' obligations under this
paragraph shall survive the Closing.
d. Brokers' Commissions and Disclosure. Buyer and Seller each represents and warrants to
the other that they have had no contact with any real estate broker, finder or other person
who might be entitled, or claim to be entitled, to a brokerage commission, finder's fee or
other compensation in connection with this transaction other than Funderburgh Realty
Corporation ("Buyer's Broker") and Cameron Co. ("Seller's Broker"). In the event of
Closing hereof, Seller shall pay a commission to the brokers equal to the sum of (i) six
percent (6%) of the first $1,000,000 and (ii) three percent (3%) of the remaining Purchase
Price (the "Fees"). Said Fees shall be equally divided between Buyer's Broker and Seller's
Broker. Buyer and Seller each hereby indemnify and agree to defend and hold the other
party harmless from and against any and all claims, demands, liabilities, causes of action,
costs or expenses (including reasonable attorneys' fees) caused by or arising out of any
breach of its foregoing warranty. The provisions of this paragraph shall survive the
Closing or termination of this contract and shall not be subject to any limitation of liability
otherwise set forth in this contract.
3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
Real Estate Sales Contract Page 6 of 11
I. Default and Remedies
1. Seller's Default. If Seller fails to perform any of its obligations under this contract ("Seller's
Default"), Buyer's sole and exclusive remedy is to either (i) enforce specific performance of Seller's obligations
under this contract, or (ii) terminate this contract by written notice to Seller in which event the Earnest Money shall
be delivered to Buyer. If title to the Property is awarded to Buyer, the conveyance will be subject to the Permitted
Exceptions.
2. Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's
Default"), Seller, as its sole and exclusive remedy, shall have the right to terminate this contract by giving notice to
Buyer on or before the Closing Date and have the Earnest Money paid to Seller as liquidated damages (and not as a
penalty). Seller waives any remedy for damages.
3. Liquidated Damages. The parties agree that just compensation for the harm that would be caused
by a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that
the Earnest Money and the amounts provided above are reasonable forecasts of just compensation to the
nondefaulting party for the harm that would be caused by a default.
J. Miscellaneous Provisions
1. Notices. Any notice required by or permitted under this contract must be in writing. Any notice
required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the
party to whom notice is given.
Counsel for Buyer:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Counsel for Seller:
John A. Wise
5068 W. Plano Parkway, Suite 300
Plano, TX 75093
2. Entire Contract. This contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There
are no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to
Buyer not incorporated in writing in this contract.
3. Amendment. This contract maybe amended only by an instrument in writing signed by the parties.
4. Assignment. This contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns. This contract is fully assignable by Buyer provided: (a) such assignment must be
in writing and signed by Buyer and its assignee, (b) Buyer must send a copy of any assignment to Seller at least
Real Estate Sales Contract Page 7 of 11
seven (7) days prior to closing, and (c) such assignment shall not release Buyer from its obligations and liabilities
under this contract. Upon compliance with the foregoing, the assignee(s) shall be entitled to enforce this contract as
against Seller, including but not limited to, the remedy of specific performance.
5. Survival. The obligations of this contract that cannot be performed before termination of this
contract or before closing will survive termination of this contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this contract, the Closing
Documents will control.
6. Choice of Law; Venue; Alternative Dispute Resolution. This contract will be construed under the
laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Collin County,
Texas. Time permitting, the parties will submit in good faith to an alternative dispute resolution process before
filing a suit concerning this contract.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare
immediately a default or delays taking any action with respect to the default.
8. No Third --Party Beneficiaries. There are no third -party beneficiaries of this contract.
9. Severability. The provisions of this contract are severable. If a court of competent jurisdiction
finds that any provision of this contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction
that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting
this contract.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and
they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together
will constitute this contract.
13. Confidentiality. The parties will keep confidential this contract, this transaction, and all
information learned in the course of this transaction, except to the extent disclosure is required by law or court order
or to enable third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
14. Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Properly to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer.
ii. ) To the best of Seller's current knowledge, but WITHOUT WARRANTY, water, sanitary sewer
and electric power line are available at the Property, (excluding storm sewer).
iii. ) Buyer will determine during the Feasibility Review Period, to Buyer's satisfaction that, within
the Property area, at least two (2) entry/exit drives will be permitted each on (a) County Road 421
and (b) the Collin County Outer Loop (with at least one median cut).
Real Estate Sales Contract Page 8 of 11
iv. ) Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15. Termination. If this contract is terminated for any reason, the parties will have no further rights or
obligations under this contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property
caused by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by
Seller; and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract,
expressly survive the termination of this Contract. The obligations of this Section 15 will survive the termination of
this Contract.
16. Anorneys' Fees. The prevailing party in any proceeding brought to enforce this contract, or brought
relating to the transaction contemplated by this contract, will be entitled to recover, from the non -prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17. Exchange. Seller and Buyer shall cooperate with each other in connection with any tax deferred
exchange that either party may he initiating or completing in connection with Section 1031 of the Internal Revenue
Code, so long as neither party will be required to pay any expenses related to the other parry's exchange and the
closing is not delayed. Notwithstanding any other provision that may prohibit the assignment of this contract, either
parry may assign this contract to a qualified intermediary or exchange accommodation title holder, if the
assignment is required in connection with the exchange. The parties agree to cooperate with each other, and sign
any reasonable documentation that may be required, to effectuate any such exchange.
18. Contract as Offer. The execution of this contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this contract and delivering a
fully executed copy to the first party within thirty (30) days after the date this contract is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
SELLER:
Harlan Properties, Inc.
By:
Sures Shridharani, its President
Date: 9 - .2 a -Ito
Real Estate Sales Contract Page 9 of I I
F:D "- ,
Anna Economic Development Corporation
By:
Printed Name:
Title:
Anna Community Development Corporation or Assigns
By:
Printed Name:
Title:
Date:
Real Estate Sales Contract Page 10 of I I
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $ and a copy
of this contract executed by both Buyer and Seller.
Reunion Title Company
Printed Name:
Title:
Date: 2016
Real Estate Sales Contract Page I of 11
EXHIBIT A
Description of the Property
BEING a portion of a tract of land located in the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas and being a
portion of a 361.545 acre tract of land described by deed to Harlan
Properties, Inc. recorded in Instrument No. 20121228001650300 of the
Official Public Records of Collin County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of
said 361.545 acre tract lying on the northerly edge of County Road No.
421 a gravel road, also lying on the easterly line of a tract of land
described by deed to Dallas Area Rapid Transit, recorded in Collin
County Clerks Document No. 2001-0078323 of the Official Public Records
of Collin County, Texas, the southwest corner of tract of land
described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468
of the Deed Records of Collin County, Texas, also lying on the common
line of said D.E.W. Babb Survey and the Grandison Stark Survey,
Abstract No. 798;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common
line of said Babb and Stark Survey, also along the common line of said
361.545 acre tract and said 40 PGE tract, a distance of 1743.74 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner
lying in the center of a 30 feet wide Sanitary Sewer easement,
recorded in Instrument No. 20150422000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior of said 361.545 acre tract along the
center of said 30 feet wide easement the following courses and
distances:
South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on
the north line of Collin County Toll Road Authority tract recorded in
Instrument No. 20110222000194360 of the Official Public Records of
Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north
line of said Collin County Toll Road tract, a distance of 2530.22 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southwest corner of said 361.545 acre tract, also lying on the east
line of Collin County Toll Road Authority tract recorded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County,
Texas;
THENCE North 00 degrees 44 minutes 35 seconds West, along the east
line of last mentioned Toll Road tract, a distance of 207.51 feet to a
5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the
easterly line of the aforementioned Dallas Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the
southwest corner of a tract of land described by deed to the City of
Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south
line of said City of Anna tract, a distance of 67.89 feet to a 1/2
inch iron rod with cap stamped "R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along
the south line of said City of Anna tract, a distance of 224.62 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southeast corner of same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east
line of said City of Anna tract, a distance of 156.81 feet to a 1/2
inch iron rod found for the northeast corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north
line of said City of Anna tract, a distance of 295.59 feet to a 5/8
inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest
corner of same, also lying on the easterly line of said Dallas Area
Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 1495.06
feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or
85.571 acres of land.
EXHIBIT B
Representations; Environmental Matters
A. Seller's Representations to Bayer
Seller represents to Buyer (to Sellers actual knowledge, without duty of investigation) that the
following are true and correct as of the Effective Date and will be true and correct on the Closing Date.
I. Authority. Seller is a Texas corporation duly organized, validly existing, and in good
standing under the laws of the state of Texas with authority to convey the Property to Buyer. This contract
is, and all documents required by this contract to be executed and delivered to Buyer at closing will be,
duly authorized, executed, and delivered by Seller.
2. Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller's ability to perform its obligations under this contract except:
NONE
3. Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller's use of the Property, except:
NONE
4. Lease. The only lease affecting the Property is attached as Exhibit 1 to Exhibit C, which
Seller must terminate before Closing.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice
of any condemnation, zoning, or land -use proceedings affecting the Property or any inquiries or notices
by any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6. No Other Ohligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller's performance of this contract will not cause a breach of any
other agreement or obligation to which Seller is a party or to which it is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic's and
materialman's liens and other liens and encumbrances of any nature except (a) the Permitted Exceptions
and (b) liens that will be paid from the proceeds of closing; no work or materials will have been furnished
to the Property that might give rise to mechanic's, materialman's, or other liens against the Property other
than work or materials to which Buyer has given its consent.
S. No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other
organization, group or individual relating to any of the Property, which would impose an obligation upon
Buyer or its successors or assigns to make any contribution or dedication of money or land to construct,
Initials Initials
install or maintain any improvements of a public or private nature on or off any of the Property.
9. No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
10. No Warranty. Seller has made no warranty in connection with this contract.
Seller's representations set forth in this contract shall survive Closing for a period of twelve (12) months.
B. "As Is, Where Is"
THIS CONTRACT IS AN ARMS -LENGTH AGREEMENT BETWEEN THE PARTIES.
THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN "AS IS, WHERE IS"
TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE
NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE CLOSING DOCUMENTS AND
SELLER'S REPRESENTATIONS TO BUYER SET FORTH IN SECTION A OF THIS EXHIBIT
B.
THE PROPERTY WILL BE CONVEYED TO BUYER IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. SELLER MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
BUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL HAVE,
PRIOR TO THE END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY
INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY
BY THE BUYER IN ORDER TO ENABLE THE BUYER TO EVALUATE THE PURCHASE OF
THE PROPERTY. BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF BUYER'S CONSULTANTS, AND THAT BUYER WILL
CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME. THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE
BEEN REVEALED BY BUYER'S INSPECTIONS AND INVESTIGATIONS. BUYER
FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS ACQUIRING THE
PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT
REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY
KIND OR NATURE, EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN
THE DEED OR AS EXPRESSLY PROVIDED IN THIS CONTRACT. BUYER HEREBY
WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR
WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS, WARRANTIES OR
COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR
GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE OR GIVEN BY
SELLER, EXCEPT WITH RESPECT TO THE WARRANTY OF TITLE EXPRESSLY
Initials initials
PROVIDED IN THE CLOSING DOCUMENTS OR IN THIS CONTRACT. BUYER HEREBY
ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE
LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER
DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE,
CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE
PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. BUYER
FURTHER ACKNOWLEDGES THAT SELLER HAS NOT WARRANTED, AND DOES NOT
HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR
COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW
OR REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF
COLLIN OR ANY OTHER AUTHORITY OR JURISDICTION.
The provisions of this section B regarding the Property will be included in the deed and bill of
sale with appropriate modification of terms as the context requires.
C. Environmental Matters
AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER
THE ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING. ONCE
CLOSING HAS OCCURRED, SUBJECT TO THE LAST SENTENCE OF THIS PARAGRAPH C.,
BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE
DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH C.. BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. SUBJECT
TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE
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IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER'S INDEMNIFICATION AND
HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH C. SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF SELLER'S OWNERSHIP OF
THE PROPERTY; AND PROVIDED FURTHER THAT BUYER AND EACH TRANSFEROR OF THE
PROPERTY (OR ANY PORTION THEREOF) SHALL UPON THE CONSUMMATION OF SUCH
TRANSFER BE RELIEVED OF ALL FURTHER LIABILITY FOR SUCH OBLIGATIONS EXCEPT
SUCH LIABILITY AS MAY HAVE ARISEN DURING THE PERIOD OF SUCH TRANSFEROR'S
OWNERSHIP OF THE PROPERTY (OR THE PORTION THEREOF SO CONVEYED) AND WHICH
REMAINS UNSATISFIED.
The provisions of the above paragraph C regarding the Property will be included in the deed and
bill of sale with appropriate modification of tenns as the context requires.
[The remainder of this page is left blank intentionally.]
EXHIBIT C
AFFIDAVIT OF NO LEASEHOLD INTERESTS
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority personally appeared Suresh Shridharani, who,
being by me duly sworn, testified as follows:
1. "My name is Suresh Shridharani. I am over twenty-one years of age, of sound mind,
capable of making and competent to make this Affidavit. Further, I have personal knowledge of
the facts stated herein, and they are true and correct.
2. I am the President of Harlan Properties, Inc. ("Harlan"), which owns real property in or
near the City of Anna, Texas (the "Property"). The Property is under contract for sale to the
Anna Community Development Corporation and the Anna Economic Development Corporation,
or assigns (collectively, "Corporations"). Said contract is titled "Real Estate Sales Contract" and
has an effective date of ('Sales Contract"). I am knowledgeable of this real estate
transaction and of the lease of all or any part of the Property during Harlan's ownership of the
Property. As of the effective date of the Sales Contract there was in effect a single lease on all or
any part of the Property. A copy of said lease is attached hereto as Exhibit 1.
3. 1 hereby certify that any and all leases of all or any part of the Property have been
terminated in full and that Harlan is under no obligation with regard to any possessory interest in
the Property. As there exists no leasehold interest in the Property at the time of closing on the
Sales Contract, there is no need for the Corporations to take any lease by assignment or to
otherwise assume the obligations of any lease. Any and all leases of all or any part of the
Property were duly and lawfully terminated before closing on the Sales Contract."
Signed on the _ day of 12016.
Suresh Shridharani
Subscribed and sworn to before me, the undersigned authority, by SURESH SHRIDHARANI,
who is personally known to me, on the day of 2016.
Notary Public —State of Texas
EXHIBIT 1
Agricultural Land Lease
September 1, 2015
Landlord: Harlan Properties, Suresh Shridharani
Tenant: Billy Bob Aycock and Karen Aycock
Description FSNk: 1080, 8659
Term of Lease: Crop Year 2016, 9/1115 — 8/31/16 and until notified by either
Landlord or Tenant.
Rent: Cash
Tenant shall use the property for the sole purpose of farming.
Landlord:
Harlan Properties, Suresh Shridharani
2404 Texas Drive, Suite 103
Irving, TX 75062
972-659-0655
Tenant:
Billy Bob Aycock
1170 CR 2925
Honey Grove, TX 75446
214-901.6381
Please sign and return one copy of the lease along with the W-9.
EXHIBIT D
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: 201
Grantor: HARLAN PROPERTIES, INC., a Texas corporation
Grantor's Mailing Address: 2404 Texas Dr., Ste 103, Irving, TX 75062-7011
Grantee: Anna Economic Development Corporation — a Type A Development Corporation; and
Anna Community Development Corporation — a Type B Development Corporation, or assigns
Grantee's Mailing Address: 111 N. Powell Parkway, P.O. Box 776, Anna, TX 75409-0776
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy
of which is acknowledged
Property (including any improvements): The real property described on Exhibit A, attached
hereto and incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other
matters described on Exhibit B, attached hereto and incorporated herein.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof. by, through, or under
Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
THIS SALE EVIDENCED BY THIS DEED IS AN ARMS -LENGTH AGREEMENT
BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF
AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE
CLOSING DOCUMENTS AND GRANTOR'S REPRESENTATIONS TO GRANTEE SET
FORTH IN THE CONTRACT BETWEEN THE PARTIES.
THE PROPERTY IS CONVEYED TO GRANTEE IN AN "AS IS, WHERE IS"
CONDITION, WITH ALL FAULTS. GRANTOR MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS PRIOR TO THE
END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED AND
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE
IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE
PROPERTY. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE GRANTEE OF
DEVELOPMENTS SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS
OWN EXPERTISE, AND THAT OF GRANTEE'S CONSULTANTS, AND THAT GRANTEE
WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL
ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO,
ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE
BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE
FURTHER ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE
PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT
REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY
KIND OR NATURE, EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN
THIS DEED. GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND
PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR
IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN
DEEMED TO HAVE BEEN MADE OR GIVEN BY GRANTOR, EXCEPT WITH RESPECT TO
THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR
IN THE CONTRACT BETWEEN THE PARTIES. GRANTEE HEREBY ASSUMES ALL RISK
AND LIABILITY (AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING
OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION,
MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER,
QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE
FURTHER ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT
HEREBY WARRANT, THAT THE PROPERTY NOW OR 1N THE FUTURE WILL MEET OR
COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW
OR REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF
COLLIN OR ANY OTHER AUTHORITY OR JURISDICTION.
THE RISK OF LIABILITY OR EXPENSE FOR ENVIRONMENTAL PROBLEMS,
EVEN IF ARISING FROM EVENTS BEFORE THE DATE HEREOF, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL
PROBLEMS WERE KNOWN OR UNKNOWN AS OF THE DATE HEREOF. GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE
TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO
THE LAST SENTENCE OF THIS PARAGRAPH C., GRANTEE INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND
STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS
ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON
GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, GRANTEE'S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF GRANTOR'S
OWNERSHIP OF THE PROPERTY; AND PROVIDED FURTHER THAT GRANTEE AND
EACH TRANSFEROR OF THE PROPERTY (OR ANY PORTION THEREOF) SHALL UPON
THE CONSUMMATION OF SUCH TRANSFER BE RELIEVED OF ALL FURTHER
LIABILITY FOR SUCH OBLIGATIONS EXCEPT SUCH LIABILITY AS MAY HAVE ARISEN
DURING THE PERIOD OF SUCH TRANSFEROR'S OWNERSHIP OF THE PROPERTY (OR
THE PORTION THEREOF SO CONVEYED) AND WHICH REMAINS UNSATISFIED
When the context requires, singular nouns and pronouns include the plural.
HARLAN PROPERTIES, INC.
Suresh Shridharani
Its: President
STATE OF
COUNTY OF
This instrument was acknowledged before me on 12016, by Suresh
Shridharani, President of Harlan Properties, Inc. a Texas corporation, on behalf of said
corporation.
Notary Public, State of
My commission expires:
(SEAL)
EXHIBIT A
(Legal description of the Property)
BEING a portion of a tract of land located in the D.E.W. Babb Survey,
Abstract Number 33, situated in Collin County, Texas and being a
portion of a 361.545 acre tract of land described by deed to Harlan
Properties, Inc. recorded in Instrument No. 20121228001650300 of the
Official Public Records of Collin County, Texas, and being more
particularly described by metes and bounds as follows;
BEGINNING at a 1/2 inch iron rod found for the northwest corner of
said 361.545 acre tract lying on the northerly edge of County Road No.
421 a gravel road, also lying on the easterly line of a tract of land
described by deed to Dallas Area Rapid Transit, recorded in Collin
County Clerks Document No. 2001-0078323 of the Official Public Records
of Collin County, Texas, the southwest corner of tract of land
described by deed to 40 PGE, Ltd., recorded in Volume 5387, Page 468
of the Deed Records of Collin County, Texas, also lying on the common
line of said D.E.W. Babb Survey and the Grandison Stark Survey,
Abstract No. 798;
THENCE South 89 degrees 11 minutes 36 seconds East, along the common
line of said Babb and Stark Survey, also along the common line of said
361.545 acre tract and said 40 PGE tract, a distance of 1743.74 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for corner
lying in the center of a 30 feet wide Sanitary Sewer easement,
recorded in Instrument No. 20150422000453060 of the Official Public
Records of Collin County, Texas;
THENCE through the interior of said 361.545 acre tract along the
center of said 30 feet wide easement the following courses and
distances:
South 11 degrees 33 minutes 57 seconds East, a distance of 61.78 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degree 48 minutes 25 seconds West, a distance of 1346.23 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 55 degrees 24 minutes 07 seconds East, a distance of 316.51 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
South 00 degrees 55 minutes 19 seconds West, a distance of 224.46 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on
the north line of Collin County Toll Road Authority tract recorded in
Instrument No. 20110222000194360 of the Official Public Records of
Collin County, Texas;
THENCE North 89 degrees 04 minutes 41 seconds West, along the north
line of said Collin County Toll Road tract, a distance of 2530.22 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southwest corner of said 361.545 acre tract, also lying on the east
line of Collin County Toll Road Authority tract recorded in Instrument
No. 20090317000307070 of the Official Public Records of Collin County,
Texas;
THENCE North 00 degrees 44 minutes 35 seconds West, along the east
line of last mentioned Toll Road tract, a distance of 207.51 feet to a
5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set lying on the
easterly line of the aforementioned Dallas Area Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 38.85 feet
to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for the
southwest corner of a tract of land described by deed to the City of
Anna recorded in Instrument No. 20071004001376120 of the Official
Public Records of Collin County, Texas;
THENCE South 77 degrees 31 minutes 27 seconds East, along the south
line of said City of Anna tract, a distance of 67.89 feet to a 1/2
inch iron rod with cap stamped "R.P.L.S. 3700" found for corner;
THENCE South 89 degrees 25 minutes 19 seconds East, continuing along
the south line of said City of Anna tract, a distance of 224.62 feet
to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3700" found for the
southeast corner of same;
THENCE North 18 degrees 43 minutes 54 seconds East, along the east
line of said City of Anna tract, a distance of 156.81 feet to a 1/2
inch iron rod found for the northeast corner of same;
THENCE North 89 degrees 24 minutes 49 seconds West, along the north
line of said City of Anna tract, a distance of 295.59 feet to a 5/8
inch iron rod with cap stamped "R.P.L.S. 5430" set for the northwest
corner of same, also lying on the easterly line of said Dallas Area
Rapid Transit tract;
THENCE North 18 degrees 44 minutes 49 seconds East, along the easterly
line of said Dallas Area Rapid Transit tract, a distance of 1495.06
feet to the POINT OF BEGINNING containing 3,727,460 square Feet, or
85.571 acres of land.
EXHIBIT B
(Attach title exceptions)
i
VOUR} HOMETOWN
AGENDASUBJECT:
Item No.12.
City Council Agenda
Staff Report
Meeting Date: 7/26/2016
Staff Contact. Chief Jenks
Exhibits: Yes
Consider/Discuss/Action regarding a Resolution supporting the creation of a Regional 9-1-1
Emergency Communications District. (Chief Jenks)
SUMMARY:
The North Central Texas Council of Governments (NCTCOG), on behalf of the NCTCOG's 9-1-1
Regional Advisory Committee, in requesting that the City of Anna show support for and authorize
the creation of a Regional Emergency Communications District (ECD). These districts were
authorized by legislative action taken to amend the Health and Safety Code (SB 1108/HB 3462)
during the most recent legislative session.
The state collects $.50 on every phone bill to pay for 9-1-1 services in Texas. The legislature does
not, however, return all of those funds to the Texas Commission on State Emergency
Communications (CSEC) for distribution to the Councils of Government (COG's) in the state; they
hold some of the money to show a balanced state budget (on paper). Right now, the state is
holding $150 million in collected 9-1-1 fees, 15% of which was collected from our region.
The creation of an ECD will allow all of the monies collected through the phone bill fees to be
remitted entirely back to this district from which it was collected. A newly created ECD will be
staffed by the NCTCOG.
The new law requires that the governing body of each entity now served by a COG pass a
resolution calling for the creation of an Emergency Communications District.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
ATTACHMENTS:
Description Upload Date Type
Resolution Authorizing Regional 9-1-1 ECD 7/21/2016 Resolution Letter
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APROVING THE CREATION OF
THE NORTH CENTRAL TEXAS REGIONAL 9-1-1 EMERGENCY
COMMUNICATIONS DISTRICT
WHEREAS, Chapter 772, Subchapter H, of the Texas Health and Safety Code,
cited as the Regional Emergency Communications District Act (the "act"), provides
the creation of a Regional Emergency Communications District: and
WHEREAS, the act applies to a state planning region established under Chapter 391 of
the Texas Local Government Code with a population of under 1.5 million, composed of
counties and municipalities that operate a 9-1-1 system solely through a regional
planning commission: and
WHEREAS, the Act requires that the governing bodies of each participating county and
municipality in the region adopt a resolution approving the creation of the Regional
Emergency Communications District (the "District"): and
WHEREAS, as of 1991, the City of Anna exclusively receives 9-1-1 system services
operated through the North Central Texas Council of Governments, a regional planning
commission.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Regional 9-1-1 Emergency Communications District
The City Council of the City of Anna Texas, hereby authorizes the creation of the
North Central Texas Regional 9-1-1 Emergency Communications District.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th
day of July 2016.
ATTEST: APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 of 1