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HomeMy WebLinkAbout2020-09-08 Regular Meeting PacketAGENDA City Council Meeting THE CITY OF Tuesday, September 8, 2020 @ 6:30 PM Ahtia Anna ISD Board Room 201 E. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on September 8, 2020, at the Anna ISD Board Room, Located at 201 E. 7th Street, to consider the following items. Welcome to the City Council meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting agenda that is not scheduled for public hearing and any item that is not on this meeting agenda. The public will be permitted to offer public comments electronically, as provided by the agenda and as permitted by the presiding officer during the meeting. We are encouraging neighbors, who wish to speak, to complete a Speaker Registration Form and submit to City Secretary Carrie Land (cland annatexas.gov) by 5:00 PM so it may be read into the record. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Recognize Atmos Energy and their representative John Manganilla for donating helmet cameras (FireCams) to the Anna Fire Department (Interim Fire Chief Dan Wood). b. Promotional badge pinning and recognition of newly created rank of Fire Department Driver/Engineer (Interim Public Safety Director Ray Isom). 5. Work Session. a. Discuss 2020-2021 Council Calendar (City Manager Jim Proce) 6. 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 Council Meeting Minutes for August 25, 2020 and September 1, 2020. (City Secretary Carrie Land) b. Review Quarterly Attendance Records for City Council, Boards and Commissions. (City Secretary Carrie Land) C. Review minutes of the August 3, 2020 Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) d. Approve a Resolution approving the Final Plat for White Oaks Addition, Block A, Lots 1-5. (Director of Development Services, Ross Altobelli) e. Approve a Resolution approving the Revised Preliminary Plat for The Villages of Hurricane Creek. (Director of Development Services, Ross Altobelli) f. Approve a Resolution approving the Preliminary Plat for The Villages of Hurricane Creek - North. (Director of Development Services, Ross Altobelli) g. Approve Ordinance authorizing the acceptance of credit cards and authorizing processing fees for the payment of fees, fines, court costs and other charges. h. Approve a Resolution approving a Merchant Processing Agreement between the City of Anna and Express Merchant Processing Solutions, a division of First Data Merchant Services LLC. (Neighborhood Services Director Marc Marchand) Conduct a Public Hearing and Consider/Discuss/Action on a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the company's 2020 rate review mechanism filing, adopting tariffs that reflect rate adjustments, and approving related documents and matters. (City Attorney Clark McCoy) Approve a Resolution authorizing the City Manager to execute a roadway impact fee reimbursement agreement with LGI Homes - Texas, LLC for the construction of Rosamond Parkway. (Director of Public Works, Greg Peters) k. Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election 7. Items For Individual Consideration. a. Consider/Discuss/Action approving the purchase of a Software As a Service (SAsS) agreement for Enterprise Resource Planning (ERP) software from Tyler Technologies, Inc of Yarmouth, ME in the amount of $101,476, and authorize the City Manager to sign the agreement. (Interim Finance Director, Alan Guard) b. Consider/Discuss/Action approving an Ordinance adopting the FY2021 Budget. (City Manager Jim Proce) C. Consider/Discuss/Action regarding a Resolution ratifying the property tax revenue increase reflected in the City of Anna FY2021 Budget. (City Manager Jim Proce) d. Consider/Discuss/Action approving an Ordinance adopting the FY2021 Tax Rate. (City Manager Jim Proce) e. Consider/Discuss/Action Letter to Governor Abbott regarding Executive Order GA-29. (City Manager Jim Proce) 8. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Secretary and City Manager Annual Review The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on September 4, 2020. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna AGENDA ITEM: Item No. 4.a. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Dan Wood Recognize Atmos Energy and their representative John Manganilla for donating helmet cameras (FireCams) to the Anna Fire Department (Interim Fire Chief Dan Wood). SUMMARY: Recognize Atmos Energy and their representative John Manganilla for donating helmet cameras (FireCams) to the Anna Fire Department. These cameras will be used by all Fire Operations personnel and will assist greatly in future training, public relations, and recruiting efforts. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: /_11ir_[d:ILT, 14Z11�13 APPROVALS: Ray Isom, Fire Chief Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 THE CITY OF Anna AGENDA ITEM: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Dan Wood Promotional badge pinning and recognition of newly created rank of Fire Department Driver/Engineer (Interim Public Safety Director Ray Isom). SUMMARY: The rank of Driver/Engineer is an industry standard across the fire service and represents a vital component within an Engine Company. This milestone marks the creation of the D/E rank within the Anna Fire Department and helps create a scalable organization. Newly promoted Driver/Engineers: C. Konosky, C. Watson, and RJ Morgan. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Ray Isom, Fire Chief Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 THE CITY OF Anna AGENDA ITEM: Work Session. SUMMARY: FINANCIAL IMPACT: Item No. 5. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/1/2020 THE CITY OF Anna Item No. 5.a. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Jim Proce AGENDA ITEM: Discuss 2020-2021 Council Calendar (City Manager Jim Proce) SUMMARY: Staff has prepared a calendar with meeting dates and locations for the 2020-2021 Fiscal Year. Review of the calendar and make any necessary changes. Bring back to the next meeting for approval. FINANCIAL IMPACT: None. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: No action ATTACHMENTS: 1. 20-21 Council Meeting Schedule Jim Proce APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/1/2020 Jim Proce, City Manager Final Approval - 9/4/2020 Meeting Date Notes Tuesday, August 25, 2020 Regular Meeting Tuesday, September 01, 2020 Special Meeting on Tax/Budget Tuesday, September 08, 2020 Regular Meeting/Day after Labor Day Tuesday, September 22, 2020 Primary Run off Voting Tuesday, October 13, 2020 Early Voting Week Tuesday, October 27, 2020 Early Voting Week Thursday, November 05, 2020 New Council Orientation Tuesday, November 10, 2020 Regular Meeting Tuesday, November 24, 2020 Thanksgiving Week -School Holiday Tuesday, December 08, 2020 Regular Meeting Tuesday, December 22, 2020 Christmas Week - School Holiday Tuesday, January 12, 2021 Regular Meeting Tuesday, January 26, 2021 Regular Meeting Thursday, January 28, 2021 Virtual Mayor's State of the City Address Tuesday, February 09, 2021 Regular Meeting Thursday, February 18, 2021 Candidate Only Orientation(not a quorum) Tuesday, February 23, 2021 Regular Meeting February 25 - 27, 2021 Strategic Planning 2021 (Council only on 2/25 & 2/27) Tuesday, March 09, 2021 Regular Meeting/Week of Spring Break School Holiday Tuesday, March 23, 2021 Regular Meeting Tuesday, April 13, 2021 Early Voting Week - Possible Tuesday, April 20, 2021 Virtual Bond Election Presentation Tuesday, April 27, 2021 Early Voting Week Thursday, May 06, 2021 New Council Only Orientation (not a quorum) Tuesday, May 11, 2021 Regular Meeting Tuesday, May 25, 2021 Regular Meeting/Day after Memorial Day Tuesday, May 25, 2021 Budget WorkSession - Tentative Tuesday, May 25, 2021 CIP Workshop and Adoption Tuesday, June 08, 2021 Regular Meeting Tuesday, June 22, 2021 Regular Meeting Tuesday, June 22, 2021 Budget WorkSession - Tentative Tuesday, July 13, 2021 Regular Meeting Tuesday, July 27, 2021 Regular Meeting Tuesday, July 27, 2021 Budget WorkSession - Tentative Tuesday, August 10, 2021 Regular Meeting Tuesday, August 10, 2021 Budget Proposal & Proposed Tax Rate Vote Tuesday, August 24, 2021 Regular Meeting Tiesdau September 7, 2021 Budget & Tax Rate Public Hearing Tuesday, September 14, 2021 Regular Meeting Tuesday, September 14, 2021 Tax Rate Adoption & Budget Adoption Tuesday, September 28, 2021 Regular Meeting Tuesday, October 12, 2021 Regular Meeting Tuesday, October 26, 2021 Regular Meeting Tuesday, November 09, 2021 Regular Meeting Tuesday, November 23, 2021 Regular Meeting/Thanksgiving Week Tuesday, December 14, 2021 Regular Meeting Tuesday, December 28, 2021 Regular Meeting/Day after Christmas Holiday NOTES: This schedule does not include, community events, grand openings, groundbreakings, and other ceremonial events that come up throughout the year where it is reasonable and customary to have Councilmembers attend to represent the City. This schedule does not include interagency meetings, like the Collin County Commission, NCTCOG, GTUA, CGMA, and TxDOT meetings that come up throughout the year where it is reasonable and customary to have Councilmembers attend to represent the City. This schedule does not include joint jurisdictional meetings where the Clty Council may schedule meetings with Boards and Commissions or the AISD School Board to coordinate community goals. This schedule does not include subject matter issues that may arise during the year that may include, master plans, departmental updates, and emergency meetings for response to disasters or declarations of emergencies. Some meetings may be canceled for lack of quorum or lack of agenda items and will be revised accordingly based upon such occurence. THE CITY OF Anna AGENDA ITEM: Item No. 6.a. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Carrie Land Approve Council Meeting Minutes for August 25, 2020 and September 1, 2020. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: /_11ir_[91:I►Vi14►11&1 1. CCmin20200825 Draft 2. CCmin20200901 Draft APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 Regular City Council Meeting Meeting Minutes THE CITY OF Tuesday, August 25, 2020 @ 6:30 PM Alitla Anna City Hall Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna met at 6:30 PM, on August 25, 2020 at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Deputy Mayor Pro Tern Beazley called the meeting to order at 6:41 PM. Mayor Pike arrived at 6:52 PM. Mayor Pro Tern Miller was absent. 2. Invocation and Pledge of Allegiance. Deputy Mayor Pro Tern Beazley led the invocation and pledge. 3. Neighbor Comments. No comments. Deputy Mayor Pro Tern Beazley moved to Agenda Item 6. d, e and f. 6. Reports. a. Proclamation declaring September "Hunger Awareness Month" John Jenkins and Talia McAllister from North Texas Food Bank were present to accept the proclamation. Throughout the month of September donations of peanut butter will be accepted at City Hall. b. Proclamation Naming "Anna - a Fair Trade City" Emily McDonald spoke regarding the "Fair -Trade City" project. Greater Anna Chamber of Commerce President/CEO Kevin Hall was present and accepted the proclamation. C. Notification of Cancellation of National Night Out 2020. (Police Chief Jeff A. Caponera) Police Chief Caponera stated that National Night Out would be cancelled this year due to Covid-19 and safety issues. d. Telephone Town Hall Recap (City Manager Jim Proce) Assistant City Manager Ryan Henderson gave a brief recap of the Telephone Town Hall meeting that was held. The meeting was well received by neighbors, with over 250 participants. e. Anna Police Support Month (Councilman Kevin Toten) Council Member Toten read a statement by former Council Member Chris Reeves. He requested the community to turn the city blue by replacing their outside light bulbs with blue bulbs for the month of September. City Council Meeting upcoming schedules and locations. Council will hold a special meeting on September 1 at the Anna ISD Board Room, 201 E. 7th Street at 6:30 PM. Council will hold their regular meetings for September 8 and September 22 at the Anna ISD Board Room, 201 E. 7th Street at 6:30 PM. g. Staff Update on the CARES ACT funding Interim Finance Director Alan Guard gave an overview of fund expenditures. Greater Anna Chamber of Commerce President Kevin Hall presented an award to the Fire Department for winning the 2020 Battle of the Badges blood drive. 7. Work Session. a. Staff presentation of the Draft FY 2021 Community Investment Program (CIP) (Director of Public Works Greg Peters and Director of Neighborhood Services Marc Marchand). Director of Public Works Greg Peters and Director of Neighborhood Services Marc Marchand gave a detailed presentation on the FY 2021 Community Investment Program. 8. Consent Items. Consent Item 8. d. was pulled for individual consideration. MOTION: Council Member Toten moved to approve Consent Items 8. a. through c. and 8. e. through j. a. Approve City Council Meeting Minutes for August 11, 2020. (City Secretary Carrie Land) b. Approve a Resolution entering into a Chapter 380 Agreement with Italian Villa related to the COVID-19 small business assistance program. (Economic Development Director Joey Grisham) This is an updated version of a Chapter 380 Agreement with Italian Villa for a $5,000 small business grant. Since Italian Villa opted to relocate from its location on US 75, a new Chapter 380 was drafted that includes a requirement that Italian Villa execute construction contracts and a new lease agreement of at least five years in the City of Anna prior to December 30, 2020. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A CHAPTER 380 ECONOMIC DEVELOPMENT GRANT AGREEMENT BETWEEN THE CITY OF ANNA AND ITALIAN VILLA. C. Approve a Resolution setting a public hearing under Section 372.009 of the Texas Local Government Code on the advisability of the creation of a public improvement district and improvements within the extraterritorial jurisdiction of the City of Anna, Texas for the Sherley Tract and authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the public hearing. (City Attorney Clark McCoy) In accordance with the Sherley Tract Subdivision Improvement Agreement, the developer submitted a petition to the City to create the Sherley Tract Public Improvement District (PID). Before the City Council can create the PID it must hold a public hearing after 15 days' publication notice. This resolution does not create the PID. It only accepts the developer's petition and provides for scheduling of the public hearing and publishing of the notice. The resolution sets the public hearing for September 22, 2020. After the hearing the Council will consider a separate resolution creating the PID. A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING d. Approve a Resolution approving a Facilities Use Agreement between the City of Anna and Anna Area Historical Preservation Society (Director of Neighborhood Services Marc Marchand). This Facility Use Agreement is between the City of Anna and AAHPS for the operation of the Anna Depot and Museum. The objective of the Facilities Use Agreement is to collect, preserve, display, exhibit and promote the history of Anna and the surrounding area through the operation of the Anna Depot and Museum. The primary tenets of the Facilities Use Agreement are as follows: ❑ The museum name shall be Anna Depot and Museum. ❑ AAHPS agrees to promote and credit the City of Anna for its support of AAHPS and the Anna Depot and Museum in publicly disseminated printed materials and vice versa. The personal property inside the Depot Museum building is owned by or under the control of AAHPS. ❑ AAHPS shall have sole operational and supervisory authority over all activities conducted in connection with the operations of the Anna Depot Museum. ❑ AAHPS shall open the Anna Depot and Museum on a regularly scheduled basis. ❑ The real property constituting the Sherley Heritage Park grounds is owned by and under the control of the City. The City is responsible for the maintenance and repairs of the park grounds where the Train Depot and Museum is located as well as the utilities. The term of the agreement is for five years and shall automatically renew, thereafter. ❑ AAHPS shall submit annual reports to the City Manager. If the City Council decides to pass the Resolution approving the Facilities Use Agreement, AAHPS will finish moving in their exhibits and displays into the Anna Depot and Museum and open their doors to the public shortly, thereafter. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITY USE AGREEMENT BETWEEN THE CITY OF ANNA ("CITY") AND ANNA AREA HISTORICAL PRESERVATION SOCIETY ("AAHPS") FOR THE OPERATION OF A LOCAL HISTORY MUSEUM IN ANNA'S HISTORIC TRAIN DEPOT. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 5-0. e. Approve a Resolution Authorizing the City Manager to Renew the Dispatch Services Agreement with Collin County. (Police Chief Jeff A. Caponera) Collin County has provided dispatch services for Anna PD and Anna FD since 2005. Each year the Agreement must be renewed. Beginning in FY 19, Collin County determined a new formula for the handling of dispatch service fees for each agency under the Agreement. Anna will see an incremental increase in fees over the next five years to account for enhancements to the dispatch radio system. This new formula is based on several variables, including number of calls for service, number of radios on the system as of March 1 of each year, and connection fees associated with the Plano, Allen, Wylie and Murphy (PAWM) radio gateway. The dispatch service charges for FY2021 in the amount of $107,414 shall be paid by the City in four quarterly installments of $26,853.50 and one quarterly installment of $23,342.67 during the term hereof. The fees will be based on the fee schedule formulas adopted by Commissioners' Court on August 6, 2018 (Court Order No. 2018- 628-08-06). In addition to the fee schedule, each radio registered on the system will be assessed an annual connection fee by Plano, Allen, Wylie, Murphy (PAWM) operators for access to their system. In FY2021, the fee will be $108 per radio and may be updated annually by PAWM. Anna PD currently has 34 radios on the PAWM system. Total cost for the connection fees to PAWM is $3,672. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE RENEWAL OF THE INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS Approve a Resolution Authorizing the City Manager to Extend the Jail Services Agreement with Collin County. (Police Chief, Jeff Caponera) Collin County Sheriff's Office operates a detention facility, including a Minimum Security Facility that confines persons charged with or convicted of all classes of violations of State Law, including those charged with or convicted of Class C violations arising from arrests initiated by Anna Police Officers. This Resolution authorizes the City Manager to continue the City's partnership with Collin County for jail services. Not extending this Agreement does not allow Anna Police Officers or the Anna Municipal Court to house persons arrested or convicted on municipal ordinance violations or other Class C violations of State Law. This Agreement requires that the City pay the County a fee of $91.41 per day or part of a day per inmate. This is a decrease from the $98.78 rate in FY 2020. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL JAIL SERVICES AGREEMENT WITH COLLIN COUNTY g. Approve a Resolution approving the revised and restructured contract for water purchase from the Greater Texoma Utility Authority. (Public Works Director Greg Peters) The City of Anna is a member of the Collin -Grayson Municipal Alliance, with Melissa, Van Alstyne, and Howe. The CGMA contracts with the Greater Texoma Utility Authority to purchase and transport water from North Texas Municipal Water District to the four CGMA Cities. The new contract is an update of the original 2004 contract, and requires approval by all four of the CGMA cities. Many of the changes in this contract are related to the changes NTMWD required GTUA to make in the new contract between GTUA/CGMA and NTMWD which was signed earlier this year. Some key items include: NTMWD mandated contract changes which City staff does not support, but recommends adopting to ensure water supply. ❑ The Contract does not prohibit CGMA from seeking alternative water sources. ❑ Annual calibration of GTUA meters to ensure accurate billing of Cities for the water we purchase. ❑ Debt service provisions for each City's obligation to fund any infrastructure projects by paying their portion of the debt service based on portion of water purchased. Improved clarity on expenses and rates for purchase of water. Staff recommended approval of this contract with GTUA and finds that GTUA is doing everything they can to provide the City of Anna with quality service at reasonable rates. Staff also recommended that the CGMA and GTUA begin a full and committed effort to seeking alternative sources for drinking water, which could result in better rates for our rate payers. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A POTABLE WATER SUPPLY CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING AN EFFECTIVE DATE h. Approve a Resolution adopting an Interlocal Agreement with Collin County for the collection of special assessments in the Hurricane Creek Public Improvement District Improvement Area No. 1. (City Manager Jim Proce) This Interlocal Agreement allows for the Collin County Tax Assessor/Collector to collect PID assessments for the Hurricane Creek PID Improvement Area No. 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY TAX ASSESSOR -COLLECTOR, COLLIN COUNTY, AND THE CITY OF ANNA FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA NO.1 COLLECTION SERVICES FOR THE CITY OF ANNA. Approve a Resolution adopting an Interlocal Agreement with Collin County for the collection of special assessments in the Hurricane Creek Public Improvement District Major Improvement Area. (City Manager Jim Proce) This Interlocal Agreement allows for the Collin County Tax Assessor/Collector to collect PID assessments for Hurricane Creek PID Major Improvement Area. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY TAX ASSESSOR -COLLECTOR, COLLIN COUNTY, AND THE CITY OF ANNA FOR THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT MAJOR IMPROVEMENT AREA COLLECTION SERVICES FOR THE CITY OF ANNA. Approve a Resolution authorizing the City Manager to execute an Interlocal Agreement by and between the City of Anna and the City of Melissa for the purchase of unused water from the City of Melissa's take or pay minimum water supply. (Director of Public Works Greg Peters) The City of Anna and the City of Melissa are both members of the Collin Grayson Municipal Alliance, which contracts with the Greater Texoma Utility Authority for the operation, maintenance, and supply of public drinking water from the North Texas Municipal Water District. The City of Anna is growing in both size and population. As such, Anna now requires more water supply than the take or pay minimum volume as defined in the GTUA contract. By purchasing unused portions of the other CGMA's take or pay minimum water supply, the City of Anna is not required to increase its take or pay minimum volume. Keeping our take or pay minimum volume flat for as long as possible allows Anna to keep our contract purchase requirements low while still receiving the volume of water required for the community. In addition, this buy -sell agreement benefits the other CGMA cities as it allows them to sell Anna the water they are not using, but are paying for. This Interlocal Agreement benefits both cities and does not negatively impact either City. The additional water supply Anna is able to access through this agreement is critical to the ability of the City to provide adequate water volumes to the community. The City of Melissa previously approved the agreement. Approval of this resolution will authorize the City Manager to execute the ILA and authorize the payment to the City of Melissa for the volume of water purchased. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA AND THE CITY OF MELISSA FOR THE PURCHASE OF A PORTION OF THE CITY OF MELISSA'S CONTRACT MINIMUM WATER SUPPLY THROUGH THE GREATER TEXOMA UTILITY AUTHORITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO MAKE PAYMENT TO THE CITY OF MELISSA FOR THE PURCHASE OF SAID ADDITIONAL WATER SUPPLY AS SET FORTH IN THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Items For Individual Consideration. a. One Two Anna Addition, Block A, Lot 1 Zoning & Concept Plan (Director of Development Services Ross Altobelli) 1) Conduct a public hearing to consider public comments regarding a request to amend Planned Development-846-2020 located at the northwest corner of U.S. Highway 75 frontage road and White Street (FM 455) in order to incorporate additional land. Request to amend the zoning of 50.5± acres located at the northwest corner of U.S. Highway 75 frontage road and White Street (FM 455) in order to incorporate additional land. Zoned: PD-756-2018. Mayor Pike opened the public hearing at 8:30 PM No Comments Mayor Pike closed the public hearing at 8:30 PM 2) Consider/Discuss/Action on an Ordinance approving the request to amend zoning of the current planned development to incorporate additional acreage resulting from TXDOT right-of-way abandonment. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Toten moved to approve. Council Member Bryan seconded. Motion carried 5-0. 3) Consider/Discuss/Action on a recommendation on a Resolution approving the Concept Plan, One Two Anna Addition, Block A, Lot 1 associated with the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ONE TWO ANNA ADDITION, BLOCK A, LOT 1, CONCEPT PLAN MOTION: Mayor Pike moved to approve. Council Member Bryan seconded. Motion carried 5-0. b. Consider/Discuss/Action on a Resolution for the purchase of medical equipment related to the CARES ACT ambulance. (Interim Fire Chief Dan 11eore` On 6/23/2020, the Anna City Council approved the purchase of a transport ambulance utilizing CARES ACT funding. Up -fitting and medical equipment costs for this vehicle were not included in the original agenda item. An additional $95,000 is required to equip the ambulance with a patient stretcher, LifePak 15 resuscitation unit, communications equipment, Lucas CPR device, and other related EMS items. The fire department would like to begin the process of ordering, purchasing, and configuring the necessary equipment in anticipation of the new ambulance's arrival. This proposal is in alignment with the fire department's internal Strategic Plan and apparatus matrix which defines our vehicle acquisition and replacement schedule through FY 2040. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING FUNDING FOR MEDICAL EQUIPMENT, TOOLS, AND ACCESSORIES RELATED TO THE RECENT CARES ACT RESCUE VEHICLE. MOTION: Council Member Bryan moved to approve. Council Member Toten seconded. Motion carried 5-0. C. First Reading of a Resolution approving the Fiscal Year 2020-2021 Anna Community Development Corporation Annual Budget. (Economic Development Director Joey Grisham) Two readings of the resolution are required prior to adopting the CDC Budget. The CDC Board approved the proposed FY 2021 budget on July 30, 2020. This is the first reading of the resolution. Mayor Pike read the following: A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING THE FISCAL YEAR 2020-2021 BUDGET FOR THE ANNA COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. d. Second Reading of a Resolution approving the Fiscal Year 2020-2021 Anna Community Development Corporation Annual Budget. (Economic Development Director Joey Grisham) Two readings of the resolution are required prior to adopting the CDC Budget. The CDC Board approved the proposed FY 2021 budget on July 30, 2020. This is the first reading of the resolution. Mayor Pike read the following: A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING THE FISCAL YEAR 2020-2021 BUDGET FOR THE ANNA COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. e. Consider/Discuss/Act on a Resolution approving the Fiscal Year 2020-2021 Anna Community Development Corporation Annual Budget. (Economic Development Director Joey Grisham) Staff proposed a $1,311,140 FY 2021 Budget and it was approved by the CDC Board on July 30, 2020. Sales tax revenues remain strong, giving the CDC more funding for projects. A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING THE FISCAL YEAR 2020-2021 BUDGET FOR THE ANNA COMMUNITY DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE MOTION: Mayor Pike moved to approve. Council Member Vollmer seconded. Motion carried 5-0. Consider/Discuss/Act on a Resolution approving the Fiscal Year 2020-2021 Anna Economic Development Corporation Annual Budget. (Economic Development Director Joey Grisham) Staff proposed a $99,650 Annual EDC Budget for FY 2021 and it was approved by the EDC Board on July 30,2020. A large portion of the proposed budget is dedicated to the Anna Business Park including signage, with much of the remainder earmarked for operating the Inc -Cube. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 5-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS RATIFYING AND APPROVING THE FISCAL YEAR 2020-2021 BUDGET FOR THE ANNA ECONOMIC DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. g. Conduct a Public Hearing and Consider/Discuss/Action on an Ordinance to adopt new solid waste rates in the City of Anna, Texas. (Director of Public Works Greg Peters) Mayor Pike opened the public hearing at 8:52 PM No Comments Mayor Pike closed the public hearing at 8:52 PM AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A, ARTICLE A6.001 GARBAGE COLLECTION CHARGES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. 4. Closed Session (Exceptions). Under Tex. Gov'T Code Chapter 551, The City Council May Enter Into Closed Session To Discuss Any Items Listed Or Referenced On This Agenda Under The Following Exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Secretary Annual Review; City Manager Annual Review. MOTION: Mayor Pike moved to enter closed session. Council Member Vollmer seconded. Motion carried 5-0 Mayor Pike recessed the meeting at 8:52 PM. Mayor Pike reconvened the meeting at 9:22 PM. 5. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action. 10. Adjourn. Mayor Pike adjourned the meeting at 9:22 PM. Approved on September 8, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes THE CITY OF Tuesday, September 1, 2020 @ 6:30 PM AtItla Anna ISD Board Room 201 E. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Special Meeting at 6:30 PM, on September 1, 2020, at the Anna ISD Board Room, Located at 201 E. 7th Street, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum. Mayor Pike called the meeting to order at 6:30 PM. Council Member Toten joined the meeting via Zoom. Council Member Beazley was absent. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. C. Consider/Discuss/Action on appointments to the Diversity and Inclusion Advisory Commission. (Interview Committee) The Interview Committee made the following nominations: Place -Member - Term Expires 1 Pete Cain May 2023 2 Dyanne Lockridge May 2022 3 Curtis Scretchen May 2023 4 Amanda Kellham May 2022 5 Lottia Windham May 2023 6 Roxxanne Aragon May 2022 7 Elinor Williams May 2023 8 Mark Mahar May 2022 9 Kathryn Ross May 2023 10 Melverse Jackson May 2022 11 Kim Jones May 2023 MOTION: Council Member Vollmer moved to approve nominations. Council Member Bryan seconded. Motion carried 5-0. d. Consider/Discuss/Action to fill a vacancy on the Planning and Zoning Commission (Interview Committee) The Interview Committee nominated Latoya Grady to serve on the Planning and Zoning Commission. She will be filling Place 1 and her term will expire May 2021. MOTION: Mayor Pike moved to approve nomination. Council Member Vollmer seconded. Motion carried 5-0. 4. Items For Individual Consideration. a. Conduct a Public Hearing on the Proposed FY 2020-2021 Budget The Annual Budget is one of the most important financial responsibilities of a local government, and preparation of the budget typically takes 6 months to complete. The Annual Budget is developed through an extensive process of reviewing requests received from various City departments, then prioritizing those requests in a manner that utilizes resources effectively, within fiscal constraints, while working to achieve the City's strategic goals. The proposed budget was presented to the City Council on August 11th and can be found on our website at www.annatexas.gov under Budget on the Finance Department's page. The proposed budget is funded by a property tax rate of $0.583000, which is lower than the current tax rate. When compared with other cities in our area, the City of Anna continues to have one of the lowest per -capita property tax levies. According to the most recent population estimates, the City of Anna's population is approximately 15,000. We anticipate a steady increase of 7 to 10 percent annual growth over the next few years. As Anna continues to grow, the City remains committed to the vision and goals outlined in its Strategic Plan. The 2020-21 fiscal year budget is designed to preserve and enhance the quality of existing services and respond appropriately to our city's continuing growth and development. The Council will vote to adopt the FY 2021 budget on September 8 th. Mayor Pike opened the public hearing at 6:39 PM. No Comments Mayor Pike closed the public hearing at 6:44 PM. b. Conduct a Public Hearing on the Proposed FY2021 Tax Rate At the Tuesday, August 11th meeting, the City Council set the date, time and location of tonight's public hearing on the FY2021 proposed tax rate as required by the Texas Tax Code. The Notice of Public Hearing was published in the Anna Melissa Tribune on August 20, 2020. After properties are appraised by the Collin County Appraisal District, the Collin County Tax Assessor -Collector calculates both the No -New -Revenue tax rate and the Voter Approval tax rate for the City of Anna as the designated officer to complete the tax rate calculation forms created by the Texas Comptroller and to certify the calculations as accurate. No -New -Revenue tax rate: The No -New -Revenue tax rate is a calculated rate that would provide the taxing unit with the same amount of maintenance and operations property taxes on existing property as the previous year after taking into account changes in appraised value. If property values rise, the No -New - Revenue tax rate will go down and vice versa. The No -New Revenue tax rate for FY2021 is $0.569415 per $100. Voter -Approval tax rate: The Voter -Approval tax rate provides the taxing unit with the same amount of maintenance and operations property taxes on existing property as the previous year plus a 3.5 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. However, a city council may direct the designated officer to calculate the Voter -Approval tax rate at 8 percent if any part of the city is located in an area declared a disaster area during the current tax year by the governor or president of the United States. If a taxing unit adopts a tax rate higher than the Voter -Approval tax rate, a tax rate approval election must be held on the November uniform election date. The Voter -Approval tax rate for FY2021 is $0.586560 per $100. The proposed budget is supported by a tax rate of $0.583000. Under the Texas Property Tax Reform and Transparency Act of 2019, a city that adopts a rate exceeding the lower of the No -New -Revenue tax rate or the Voter -Approval tax rate must hold one public hearing. The following table is a comparison between the proposed tax rate, last year's rate, the No -New -Revenue rate and the Voter - Approval tax rate. Proposed FY2021 Tax Rate s0.583000 per 5100 Preceding FY2020 Tax Rate $0.591288 per $100 No -New -Revenue Tax Rate 50.569415 per 5100 Voter -Approval Tax Rate 50.586560 per 5100 The budget and tax rate are scheduled for adoption at the September 8th Council meeting. Since the proposed tax rate is higher than the No -New - Revenue rate, section 26.05 of theTexas Tax Code requires a minimum of 60% of the Council Members to vote in favor of that rate. That would require at least 5 Council Members to vote in favor of the proposed tax rate. FY2020 FY2021 Change Total tax rate (per $100 of value) $0.591288 $0.583000 (0.008288) Average homestead taxable value $227,000 $230,000 $3,000 Tax on average homestead $1,340.90 $1,340.90 $0.00 Total tax levy on all properties $7,715,945 $8,570,566 $854,621 Mayor Pike opened the public hearing at 6:45 PM. No Comments Mayor Pike closed the public hearing at 6:46 PM. 5. Closed Session (Exceptions). Under Tex. GoVT 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. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Secretary and City Manager Annual Review, Boards and Commissions Not held. 6. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action. 7. Adjourn. Mayor Pike adjourned the meeting at 6:46 PM. Approved on September 8, 2020. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: Item No. 6.b. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Carrie Land Review Quarterly Attendance Records for City Council, Boards and Commissions. (City Secretary Carrie Land) SUMMARY: Quarterly attendance records for City Council, Boards and Commissions. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City 6��_1��:7x��7►�il►�il��l�7_��[�7�F ATTACHMENTS: 1. Council and Boards Attendance APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY COUNCIL ATTENDANCE p = present a = absent DATE Nate Pike Kevin Toten Josh Vollmer John Beazley Chris Reeves Nathan Bryan Lee Miller 2/12/2019 p p p p p p 2/26/2019 p a p a p p 3/12/2019 p p p a a p 3/16/2019 p p a a p p 3/14/20191 p p a a p p 3/19/2019 p p p p p p 3/26/2019 p p p p p p 4/9/2019 p p a a p p 4/23/2019 p p p p a p 5/14/2019 p p p p p a 5/28/2019 p p p p p p 6/11/2019 p p p p p a 6/25/2019 p p p p a p p 7/9/20191 p a p p a p p 7/23/2019 p p p p a p p 7/25/2019 p a p p a p a 8/13/2019 p p p p p p p 8/27/2019 p p p p a p p 9/10/2019 p p a p p p p 9/17/2019 p p p p p p p 9/24/2019 p a p p a p p 10/15/2019 p p p p p p p 11/12/2019 p p p p a p p 12/12/2019 p p p p a p p 1/14/2020 p p p p p p p 1/28/2020 p p p a p p p 2/11/2020 p p p p vacant p p 2/25/2020 p a p a vacant p p 3/10/2020 a p p p vacant p p 3/24/2020 p p p p vacant p p 3/26/20201 p p p p I vacant p p 4/1/2020 p a p p Ivacant p p DATE Nate Pike Kevin Toten Josh Vollmer John Beazley Chris Reeves Nathan Bryan Lee Miller 4/14/2020 p p p p vacant p p 4/18/2020 p p p p vacant p p 4/28/2020 p p p p vacant p p 5/2/2020 p p p p vacant p p 5/26/20201 p p p p vacant p p 6/9/2020 p p p p vacant p p 6/23/2020 p p p p vacant p p 7/14/2020 p p p a vacant p p 7/28/2020 p p p a vacant p p 8/11/2020 p p p p vacant p p 8/25/2020 p p p p vacant p a 9/1/2020 p a p p vacant p p 9/8/2020 9/22/2020 10/13/2020 10/27/2020 20-May 1p 1p 1p 1p 1p la ---------- ---------- ---------- ---------- BOARD OF ADJUSTMENTS ATTENDANCE p = present a = absent Date Jon Hendricks Kelly Herndon Nick Rubits Brent Thomas Tony Bellefond Sandy Setliff David Briggs 19-Jan 19-Feb 19-Mar 19-Apr 19-May 19-Jun 19-Jul 19-Aug 19-Sep 19-Oct 19-Nov p p a p p a a 19-Dec 20-Jan 20-Feb 20-Mar 20-Apr 20-May 20-Jun 20-J u I 20-Aug 20-Sep 20-Oct 20-Nov 20-Dec 2019 PLANNING AND ZONING ATTENDANCE p = present a = absent DATE Wayne Barton Donald Henke Leslie Voss Danny Ussery Don Callaham Daniel Moody Alonzo Tutson 01.07.19 p p p p a 02.04.19' p a p p a 03.04.19 p p p p p 04.08.19 p a p p a 05.06.19 p a a p p 06.03.19 p p p p a 07.01.19 p a p p a p p 08.05.19 p a p p p p p 09.09.19 p a p a p a p 10.07.19 p p p a p p p 11.04.19 p p p p p a p 12.02.19 p p a p p p p 01.06.20 p p p p p p p 02.03.20 p p p p p a p 03.02.20 p p p p p p a 04.06.20 Cancelled 05.04.20 p p p p a p p 06.01.20 p p Nick Rubits p a a p 07.06.20 p p p p Brent Thomas a p 08.03.20 p p p p p a p 08.11.20 p p p p excused a a p 09.01.20 p p p p p a p PARKS ADVISORY BOARD ATTENDANCE p = present a = absent Date Danna Ward Aubrey Johnson Judith Waldrop Kirby Barrett Ginny Finan Eirik Hansen Andrew Michrina 19-Jan a p p a p p p 19-Feb a p p p p p p 19-Mar a p p p p p p 19-Apr p a p p a p p 19-May p p p p a p p 19-Jun p p p a a p p 19-Jul p p p a a p p Date Danna Ward Aubrey Johnson Eldon Baker Joe Crowder Jon Hendricks Eirik Hansen Andrew Michrina 19-Jul p a p p p p p 19-Aug p p p p p p p 19-Sep a a p a p p p 19-Oct p a p p a p p 19-Nov p p p p p p p 19-Dec p p p p p p p 20-Jan a p p p p p p 20-Feb a p p p p p p 20-Mar Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled 20-Apr Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled 20-May Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled Cancelled 20-Jun p p p p p p p Cheryl Merritt Michelle Clemens Eldon Baker Joe Crowder Jon Hendricks Eirik Hansen LeQuey Douglas 20-Jul p p p p p p p 20-Aug p p p p p p p 20-Sep 20-Oct 20-Nov 20-Dec THE CITY OF Anna AGENDA ITEM: Item No. 6.c. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Review minutes of the August 3, 2020 Planning & Zoning Commission meeting. (Director of Development Services Ross Altobelli) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. 08-03-2020 P&Z Minutes signed APPROVALS: Lauren Mecke, Planner II Created/Initiated - 9/3/2020 Jim Proce, City Manager Final Approval - 9/4/2020 MINUTES PLANNING AND ZONING COMMISSION August 3, 2020 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on August 3, 2020, at 111 N. Powell Parkway, Anna City Hall, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 p.m. Members present were Wayne Barton, Alonzo Tutson, Danny Ussery, Donald Henke, Brent Thomas, and Nick Rubits. Staff present were Ross Altobelli, Lauren Mecke, Olivia Demings, and Kevin Johnson. 2. Invocation and Pledge of Allegiance Commissioner Barton gave the invocation and led the Pledge of Allegiance. 3. Citizen Comments: At this time, any person may address the Planning and Zoning Commission regarding an item on this meeting agenda that is not scheduled for public hearing. Also, at this time any person may address the Commission regarding an item that is not on this meeting agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this 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. There were no citizen comments. 4. Location Map 5. Consider/Discuss/Action on a recommendation regarding the 2826 Storage Addition, Block A, Lot 1 Development Plat. Applicant: David Surdukan. Mrs. Demings gave a brief presentation and answered questions from the Commission. This submittal is a Development Plat for RV parking and storage facilities located in the ETJ. It is recommended for approval as submitted. A motion was made by Commissioner Henke seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous 6. Consider/Discuss/Action on a recommendation regarding the Froehlich Estate, Block A, Lot 1, Development Plat. Applicant: Karel Froehlich Mrs. Demings gave a brief presentation and answered questions from the Commission. This submittal is a Development Plat for a single-family home located in the ETJ. It is recommended for approval as submitted. A motion was made by Commissioner Thomas seconded by Commissioner Rubits to recommend approval of the development plat. The vote was unanimous. Page 1 of 4 7. Consider/Discuss/Action on a recommendation regarding the Vaclavik Estates, Block A, Lot 1 Development Plat. Applicant: David Surdukan. Mrs. Demings gave a brief presentation and answered questions from the Commission. This submittal is a Development Plat for a single-family home located in the ETJ. It is recommended for approval as submitted. A motion was made by Commissioner Rubits seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 8. Consider/Discuss/Action on a recommendation regarding the Rojas Estates, Block A, Lot 1 Minor Plat. Applicant: David Surdukan. Mrs. Demings gave a brief presentation and answered questions from the Commission. This submittal is a Minor Plat for a single-family home located in the ETJ. It is recommended for approval as submitted. Mr. Henke inquired as to why a minor plat was required instead of development plat. Staff responded that a minor plat was required because the land was illegally sold by metes and bounds and without proper subdivision platting. A motion was made by Commissioner Henke seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 9. Consider/Discuss/Action on a recommendation regarding the Victoria Falls Center Addition, Block A, Lot 1 R Replat. Applicant: David Cox. Ms. Mecke gave a brief presentation and answered questions from the Commission. The purpose of this replat is to modify the limits of the private drainage and detention easement. Commissioner Thomas asked about the purpose of the replat. Staff responded that the applicant intends to increase parking spaces and is making the area of the pond smaller to do so. Commissioner Barton stated that he wanted to condition the approval of the replat subject to the condition of turning in civil plans. Commissioner Rubits asked if with the addition of more concrete, would the pond still be able to handle the water runoff. Mr. Altobelli responded that the detention pond will be designed to meet new demands. A motion was made by Commissioner Barton seconded by Commissioner Thomas to recommend approval of the replat subject to approval of civil plans for the redesign of the detention facility. The vote was unanimous. 10. Consider/Discuss/Action on a recommendation regarding the Victoria Falls Center Addition, Block A, Lot 1 R Site Plat. Applicant: David Cox. Page 2 of 4 Commissioner Rubits asked if the increase in parking spaces was to meet shopping center regulations. Mr. Altobelli responded that is currently meets standards but the tenant types such as restaurants and gyms are creating a need for more parking. A motion was made by Commissioner Tutson seconded by Commissioner Rubits to recommend approval of the site plan subject to approval of civil plans. The vote was unanimous. 11. Consider/Discuss/Action on setting the 2021 Planning & Zoning Commission calendar. A motion was made by Commissioner Ussery seconded by Commissioner Rubits to recommend approval of the 2021 Planning & Zoning Commission calendar. The vote was unanimous. 12. Consider action to approve minutes of the July 6, 2020 Planning and Zoning meeting. Chairman Tutson thanked staff for detailed minutes. A motion was made by Commissioner Rubits to approve the minutes, seconded by Commissioner Thomas. The vote was unanimous. 13. A) Conduct a public hearing regarding a request to amend Planned Development-846-2020 located at the northwest corner of U.S. Highway 75 frontage road and White Street (FM 455) in order to incorporate additional land. The public hearing opened at 7:28 p.m. Ms. Mecke stated that the property owner was able to obtain addition land from TXDOT R.O.W. abandonment. The land is to be added to the Planned Development. Commissioner Henke asked if the land was being purchased from the state. Tommy Vilbig, 517 W. Woodard Street, Denison, TX, 75002, represented for QT and Standridge responded that yes, the land is under contract with TXDOT for purchase. Commissioner Henke clarified that the additional land will be absorbed into the Planned Development 846-2020 zoning and that no new standards were being introduced. The public hearing closed at 7:33 p.m. B) Consider/ Discuss/ Action on a recommendation regarding the request to amend zoning of the current planned development to incorporate additional acreage resulting from TXDOT right-of-way abandonment. Commissioner Barton confirmed with staff that the Planned Development stipulations allowed for this design. A motion was made by Commissioner Henke seconded by Commissioner Rubits to recommend approval of amending zoning. The vote was unanimous. C) Consider/Discuss/Action on a recommendation regarding the Concept Plan, One Two Anna Addition, Block A, Lot 1 associated with the rezoning request. Page 3 of 4 Commissioner Rubits confirmed with staff that approval of the concept plan did not constitute approval of the sign variance. Commissioner Barton expressed concern about the grading and retailing walls that would be required to make the site buildable. Tommy Vilbig responded that they are aware grading will be a change and they are in the preliminary engineering stage. Jake PetrasI 1120 N. Industrial Blvd, Euless, TX 76039I representative of QT expressed that they see a lot of continuing growth in Anna and believe this intersection to be a good location to catch south bound traffic. A motion was made by Commissioner Henke seconded by Chairman Tutston to recommend approval of the concept plan. The vote was unanimous. 14. Adjourn A motion was made by Commissioner Thomas seconded by Commissioner Ussery to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:44 p.m. ATTEST: � 41�Vln Planning and Zoning Commission Chairman Page 4 of 4 THE CITY OF Anna AGENDA ITEM: Item No. 6.d. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Approve a Resolution approving the Final Plat for White Oaks Addition, Block A, Lots 1- 5. (Director of Development Services, Ross Altobelli) SUMMARY: Five lots on 15.9± acres located at the southeast corner of CR 511 and White Oak Circle. Located within the extraterritorial jurisdiction (ETJ). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth 6��_1��:7x��7►�il►�il��l�7_��[�7�F The Planning & Zoning Commission recommended approval subject to the addition of language from the on -site sewage facility review by Collin County Development Services. ATTACHMENTS: 1. Resolution -(FP) White Oaks Addition 2. EXHIBIT A (FP) White Oaks Addition 3. Agenda Map APPROVALS: Lauren Mecke, Planner II Created/Initiated - 9/3/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WHITE OAKS ADDITION, BLOCK A, LOTS 1-5. 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 Article 9.02 of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Tyler Rank has submitted an application for the approval of the Final Plat of White Oaks Addition, Block A, Lots 1-5. 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 Final Plat The City Council hereby approves the Final Plat of White Oaks Addition, Block A, Lots 1-5 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of September, 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike GENERAL NOTES 1.) The purpose of this plat is to create 5 official lots of record from 3 tracts of land. 2.) This property is located in "Non -shaded Zone X" according to the F.E.M.A. Flood Insurance Rate Map dated June 2, 2009 as shown on Map Number 48085C0180J. 3.) The grid coordinates shown on this plat are based on GPS observations utilizing the AIITerra RTKNET Cooperative network. NAD 83(2011) State Plane Coordinate System (Texas North Central Zone - 4202). 4.) Selling a portion of this addition by metes and bounds is a violation of City Ordinance and State Law, and is subject to fines and/or withholding of utilities and building permits. 5.) All interior property corners are marked with a 1/2-inch iron rod with a green plastic cap stamped "EAGLE SURVEYING" unless noted otherwise. 6.) The bearings shown on this plat are based on GIPS observations utilizing the AIITerra RTKNET Cooperative network. NAD 83(2011) Datum. CERTIFICATE OF SURVEYOR STATE OF TEXAS § COUNTY OF DENTON § I, MATTHEW RAABE, Registered Professional Land Surveyor, do hereby certify that this plat was prepared from an actual survey made on the ground and that the monuments shown hereon were found or placed with 1/2-inch iron rods with green plastic caps stamped "EAGLE SURVEYING" under my direction and supervision in accordance with the current provisions of the Texas Administrative Code and the Ordinances of the City of Anna, Collin County, Texas. 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 Matthew Raabe, R.P.L.S. # 6402 Date STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW RAABE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this day of 12020. Notary Public in and for the State of Texas LEGEND PG = PAGE VOL =VOLUME POB = POINT OF BEGINNING IRF = IRON ROD FOUND CIRF = CAPPED IRON ROD FOUND DOC. NO. = DOCUMENT NUMBER D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS EXHIBIT, A CALLED 19.28 ACRES KILE PUBLISHING, INC. DOCUMENT NO. 92-0026238 O.P.R.C.C.T. N:7182468.84 E:2586974.21 BLOCK A POB MAG NAIL FOUND 1.12 ACRE / 48,720 SQ. FEET RIGHT-OF-WAY RESERVATION BY THIS PLAT N L � N cfl IW O - Z o CD 0 a o_ O Z U r O 0 0 0 CD Z CALLED 18.06 ACRES Q w Z GLENN DAVIS O DOCUMENT NO. m 20110830000915630 Q O.P.R.C.C.T.LL 0 Z = U D O tU CALLED 399.6595 ACRES BRUNHILD INVESTMENTS, INC. DOCUMENT NO. 92-0033855 O.P.R.C.C.T. 0.22 ACRE / 9,558 SQ. FEET RIGHT-OF-WAY RESERVATION BY THIS PLAT CALLED NORTH TRACT - 39.197 ACRES CHAPEL HILL INVESTMENTS, LTD VOL. 4613, PG. 879 (DOCUMENT NO. 00-0018302) O.P.R.C.C.T. W O Ln O 0 O � O POB BLOCK B N:7181475.19 E:2586969.83 CALLED 4.610 ACRES DANIELLA D. PAPPAS DOCUMENT NO. 20161108001521390 O.P.R.C.C.T. CALLED TRACT 2 - 4.716 ACRES DANIEL AND NIKI JACKSON DOCUMENT NO. 20140707000693750 O.P.R.C.C.T. WHITE OAK CIRCLE RIGHT-OF-WAY BY USE AND OCCUPATION N S 89036'29" E 749.23' S 89°36'29" E 699.23' 50' 446.31' 25' BUILDING SETBACK K K v Y � U � a w Iw o U) rn Z z o Z D K m K N L O T 1 4.24 ACRES 184,807 SQ. FEET CALLED 10.7096 ACRES BRUNHILD INVESTMENTS, INC. VOL. 4206, PG. 1919 (98-0073879) O.P.R.C.C.T. S 89°37'07" E 446.21' L O T 3 CO W 1.89 ACRES 82,230 SQ. FEET ih N CALLED 2.100 ACRES BOBBY AND VICTORIA MELTON °oo DOCUMENT NO. J) 20200116000072810 50'" 50.00' i 1/2 CIRF 0.P.R.C.C.T. "PREMIERE I 446.25 SURVEYING" MAG NAIL i N 89055'31 " W 613.18' FOUND LOT 1, BLOCK A ROJAS ADDITION 40' RIGHT-OF-WAY DEDICATION DOC# DOC# P.R.C.C.T. P.R.C.C.T. CALLED 2.500 ACRES DANIEL ROJAS DOCUMENT NO. 20200518000718480 O.P.R.C.C.T. MAG S 89056'48" E 611.55' FOUNDIL 50.00' 1 1 561.55' 50' CALLED 3.559 ACRES PHILIP AND JONNYE BOWER DOCUMENT NO. 20190808000952470 O.P.R.C.C.T. in N 252.92' L O T 2 3.46 ACRES 150,882 SQ. FEET CALLED 10.7096 ACRES BRUNHILD INVESTMENTS, INC. VOL. 4206, PG. 1919 (98-0073879) O.P.R.C.C.T. 1/2" CIRF "PREMIERE SURVEYING" m Y a L O T 5 CALLED 10.429 ACRES rn BRUNHILD INV., INC. W 2.50 ACRES VOL. 4551, PG. 927 z 108,767 SQ. FEET (DOCUMENT NO. 0 99-0143708) o J m oL0CLK A O.P.R.C.C.T. Z •- 50' N 50.00' 561.32' MAG NAIL N 89027'57" W 611.32' FOUND CALLED 4.928 ACRES JASON W. PIPKIN DOC. NO. 20150917001184860 D.R.C.C.T. Project 2003.011 EAGLE SURVEYING, LLC 210 S. Elm Street, Suite: 104 Denton, TX 76201 SURVEYOR Eagle Surveying, LLC 210 S. Elm Street, Suite: 104 OWNER Contact: Steve Brunhild InvestmentsBrunhild, Inc. P.O. Box 6062 OWNER Bobby and Victoria Melton 5305 Oakley Road Date 08/17/2020 EAR L E (940) 222-3009 Denton, TX 76201 (940) 222-3009 McKinney, TX 75071 McKinney, Texas 75070 (214) 924-1894 Drafter TAR SURVEYING TX Firm #10194177 (972) 800-9831 BLOCK A CALLED TRACT 2 - 6.087 ACRES ANDRIA LAI DOCUMENT NO. 20160331000383300 O.P.R.C.C.T. 1/2" CIRF "PREMIERE SURVEYING" ti ti O � SIJRVEY� JOHN RORACT NO 784 P, S T L N Ul) r 0 O O CALLED 5.148 ACRES JULIO AND ARMIDA TANGUMA DOCUMENT NO. 96-0095435 O.P.R.C.C.T. 1/2" CIRF "PREMIERE N 89°55'31" W 252.95' SURVEYING" 1/2" CIRF 136.01' "PREMIERE LU SURVEYING" CALLED 10.429 ACRES O 00 BRUNHILD INV., INC. O VOL. 4551, PG. 927 (DOCUMENT NO. 0 ti 99-0143708) O O.P.R.C.C.T. O Z 1/2" CIRF "PREMIERE SURVEYING" N 0) N O O t0 r O O O 7G 1/2" CIRF "PREMIERE SURVEYING" S 89055'31 " E 473.57' 448.42' L O T 4 2.40 ACRES 104,472 SQ. FEET 25.1 581.96' N 89054'23" W 607.14' 25.1 LOT 1, BLOCK A 25' RIGHT-OF-WAY DEDICATION HUTH ADDITION DOC# P.R.C.C.T. DOC# P.R.C.C.T. CALLED 2.715 ACRES DAVID AND ANGELA HUTH DOCUMENT NO. 20200108000031990 O.P.R.C.C.T. CALLED 5.025 ACRES JAMES J. PATTERSON AND WIFE, LAVONA S. PATTERSON VOLUME 1812, PAGE 965 D.R.C.C.T. HEALTH DEPARTMENT CERTIFICATION I hereby certify that the on -site sewage facilities described on this plat conform to the applicable OSSF laws of the State of Texas, that site evaluations have been submitted representing the site conditions in the area in which on -site sewage facilities are planned to be used. Registered Sanitarian or Designated Representative Collin County Development Services OWNER'S CERTIFICATE & DEDICATION STATE OF TEXAS § N COUNTY OF COLLIN § WHEREAS, Brunhild Investments, Inc., Bobby Melton and Victoria Melton, are the owners of a total of 18.43 acres of land out of the JOHN ROWLAND SURVEY, ABSTRACT NUMBER 784, situated in Denton County, Texas and being a portion of a called 10.7096 acre tract of land conveyed to Brunhild Investments, Inc. by deed of record in Volume 4206, Page 1919 - (Document No. 98-0073879) of the Official Public Records of Collin County, Texas, also being all of a called 2.100 acre tract of land conveyed to Bobby and Victoria Melton by deed of record in Document No. 20200116000072810 of said Official Public Records, and a portion of a called 10.429 acre tract of land conveyed to Brunhild Inv., Inc. by deed of record in Volume 4551, Page 927 - (Document No. 99-0143708) of said Official Public Records, and being more particularly described in two (2) parts, by metes and bounds as follows: PART 1 - LOTS 1-4, BLOCK A: 1 " - 100' BEGINNING, at a Mag nail found at or near the intersection of the center of County Road 511 and the center of White Oak Circle, being in the East line of a called 19.28 acre tract of land conveyed to Kile Publishing, Inc by deed of record in Document No. 92-0026238 of said Official Public Records, also being the Southwest corner of a called 4.610 acre tract 0' 50' 100' of land conveyed to Daniella Pappas by deed of record in Document No. 20161108001521390 of said Official Public Records, also being the Northwest corner of said 10.7096 acre tract and hereof; THENCE, S89°36'29"E, leaving the East line of said 19.28 acre tract, along or near the center of White Oak Circle, along the North line of said 10.7096 acre tract and in part, the common South line of said 4.610 acre tract, in part, the common South line of a called Tract 2 - 4.716 acre tract of land conveyed to Daniel and Niki Jackson by deed of record in Document No. 20140707000693750 of said Official Public Records, in part, the common South line of a called 3.559 acre tract of land conveyed to Philip and Jonnye Bower by deed of record in Document No. 20190808000952470 of said Official Public Records, and in part, the common South line of a called Tract 2 - 6.087 acre tract of land conveyed to Andria Lai b deed of record in Document No. 20160331000383300 of said Official Public Records passing at a distance of 715.90 feet a 1/2 inch iron rod found at the common Y �p 9 South corner of said 3.559 acre tract and said 6.087 acre tract, and continuing a total distance of 749.23 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found at the Northwest corner of a called 5.148 acre tract of land conveyed to Julio and Armida Tanguma by deed of record in Document No. 96-0095435 of said Official Public Records, being the Northeast corner of said 10.7096 acre tract, for the most Northerly Northeast corner hereof; THENCE, S00°15'21"W, leaving the South line of said 6.087 acre tract and White Oak Circle, along the East line of said 10.7096 acre tract and the common West line of said 5.148 acre tract, passing at a distance of 30.14 feet, a 3/4 inch iron rod found and continuing a total distance of 620.77 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found in the North line of said 10.429 acre tract, being the Southwest corner of said 5.148 acre tract, for an inner ell corner hereof; THENCE, S89°55'31 "E, along the North line of said 10.429 acre tract and the common South line of said 5.148 acre tract, passing at a distance of 443.46 feet, a 3/4 inch iron rod found and continuing a total distance of 473.57 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found in White Oak Circle, being the West line of a called 5.6874 acre tract of land conveyed to Cheryl Pavey by deed of record in Document No. 20100811000833490 of said Official Public Records, also being the Southeast corner of said 5.148 acre tract, also being the Northeast corner of said 10.429 acre tract, for the most Easterly Northeast corner hereof; THENCE, S06°07'39"E, along the East line of said 10.429 acre tract and the common West line of said 5.6874 acre tract, along White Oak Circle, a distance of 72.36 feet to a 1/2 inch iron rod found at the Northwest corner of a called 6.1297 acre tract of land conveyed to Terry and Lezlee Kocian by deed of record in Volume 4692, Page 2252 (Document No. 2000-0063790) of said Official Public Records, being the Southwest corner of said 5.6874 acre tract; THENCE, S06°46'49"W, along White Oak Circle, along the East line of said 10.429 acre tract and the common West line of said 6.1297 acre tract, a distance of 106.55 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found at the Northeast corner of a called 2.715 acre tract of land conveyed to David and Angela Huth by deed of record in Document No. 20200108000031990 of said Official Public Records, for the Most Easterly Southeast corner hereof; THENCE, N89'54'23"W, leaving the West line of said 6.1297 acre tract, along the North line of said 2.715 acre tract, passing at a distance of 19.82 feet, a cotton spindle found and continuing a total distance of 607.14 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found at the Northwest corner of said 2.715 acre tract, being the Southeast corner of a called 2.500 acre tract of land conveyed to Daniel Rojas by deed of record in Document No. 20200518000718480 of said Official Public Records; THENCE, N00°46'46"E, along the East line of said 2.500 acre tract, a distance of 177.58 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found in the South line of said 10.7096 acre tract, being the Northeast corner of said 2.500 acre tract; THENCE, N89°55'31"W, along the North line of said 2.500 acre tract, being in part, the common South line of said 10.7096 acre tract and in part, the common South line of said 2.100 acre tract, passing at a distance of 116.93 feet, a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found at the Southeast corner of said 2.100 acre tract and continuing a total distance of 613.18 feet to a Mag nail found at or near the center of County Road 511, being the Southeast corner of a called 18.06 acre tract of land conveyed to Glen Davis by deed of record in Document No. 2011830000915630 of said Official Public Records, also being the Northwest corner of said 2.500 acre tract, also being the Southwest corner of said 2.100 acre tract for the most Westerly Southwest corner hereof; THENCE, N00°15'09"E, along or near the center of County Road 511, being the West lines of said 2.100 acre tract and said 10.7096 acre tract, also being the common East lines of said 18.06 acre tract and said 19.28 acre tract, a distance of 624.92 feet to the POINT OF BEGINNING, and enclosing 13.21 acres (575,584 square feet) of land, more or less. CALLED 5.6874 ACRES PART 2 - LOT 5, BLOCK A: CHERYLPAVEY DOCUMENT NO. BEGINNING, at a Mag nail found at or near the center of County Road 511, being in the East line of a called North Tract - 39.197 acre tract of land conveyed to Chapel Hill 20100811000833490 Investments, LTD by deed of record in Volume 4613, Page 879 - (Document No. 00-0018302) of said Official Public Records, also being the Northeast corner of a called 4.928 acre O.P.R.C.C.T. tract of land conveyed to Jason W. Pipkin by deed of record in Document No. 20150917001184860 of said Official Public Records, also being the Southwest corner of said 10.429 1/2" CIRF acre tract and hereof; "PREMIERE SURVEYING" THENCE, N00°15'09"E, along or near the center of Count Road 511, being the West line of said 10.429 acre tract, and in art, the common East line of said 39.197 acre tract and g Y 9 p in part, the common East line of a called 399.6595 acre tract of land conveyed to Brunhild Investments, Inc. by deed of record in Document No. 92-0033855 of said Official Public 25 S 06°07'39" E records, a distance of 190.95 feet to a Mag nail found at the Southwest corner of a called 2.500 acre tract of land conveyed to Daniel Rojas by deed of record in Document No. 72.36' 20200518000718480 of said Official Public Records, for the Northwest corner hereof; 1/2" IRF THENCE, S89°56'48"E, leaving the East line of said 399.6595 acre tract and County Road 511, along the South line of said 2.500 acre tract, a distance of 611.55 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found at the Southeast corner of said 2.500 acre tract, being the Northwest corner of a called 2.715 acre tract of land conveyed to David and Angela Huth by deed of record in Document No. 20200108000031990 of said Official Public Records, for the Northeast corner hereof; S 06046'49" W THENCE, S00°19'22"W, along the West line of said 2.715 acre tract, a distance of 196.09 feet to a 1/2 inch iron rod with orange plastic cap stamped "Premier Surveying" found in 106.55' the North line of a called 5.025 acre tract of land conveyed to James J. Patterson and wife, Lavona S. Patterson by deed of record in Volume 1812, Page 965 of the Deed Records of Collin County, Texas, being the South line of said 10.429 acre tract, also being the Southwest corner of said 2.715 acre tract, for the Southeast corner hereof; 25' 0.10 ACRE / 4,473 SQ. FEET THENCE, N89°27'57"W, along the South line of said 10.429 acre tract, being in part, the common North line of said 5.025 acre tract and in part, the common North line of 1/2" CIRF "PREMIERE RIGHT-OF-WAY RESERVATION said 4.928 acre tract, a distance of 611.32 feet to the POINT OF BEGINNING, and enclosing 2.72 acres (118,325 square feet) of land, more or less. SURVEYING" BY THIS PLAT N:7181664.58 E:2588189.36 NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, Brunhild Investments, Inc., Bobby Melton and Victoria Melton, do hereby adopt this plat, designating herein described property as WHITE OAKS ADDITION, an addition CALLED 6.1297 ACRES to the City of Anna, Collin County, Texas, and do hereby dedicate to public use forever all streets, alleys, parks, watercourses, drains, easements and public places thereon shown TERRY AND LEZLEE KOCIAN for the purpose and consideration therein expressed. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the VOL. 4692, PG. 2252 drainage and utility easements as shown. Said drainage and utility easements being hereby reserved for the mutual use and accommodation of all public utilities desiring to use DOCUMENT NO. 2000-0063790 same. All and any public utility 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 O.P.R.C.C.T. any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on the drainage and utility easement and all public utilities shall at all times have the full right of ingress and egress to or from and upon the said drainage and utility easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. OWNER: Brunhild Investments, Inc. OWNER: Bobby Melton OWNER: Victoria Melton BY: BY: BY: Steve Brunhild Date Bobby Melton Date Victoria Melton Date STATE OF § STATE OF § STATE OF § COUNTY OF § COUNTY OF § COUNTY OF § BEFORE ME, the undersigned authority, on this day BEFORE ME, the undersigned authority, on this day BEFORE ME, the undersigned authority, on this day personally appeared Steve Brunhild, known to me to personally appeared Bobby Melton, known to me to be personally appeared Victoria Melton, known to me to be the person whose name is subscribed to the the person whose name is subscribed to the foregoing be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he instrument, and acknowledged to me that he executed foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations the same for the purposes and considerations therein executed the same for the purposes and considerations therein expressed and in the capacity therein stated. expressed and in the capacity therein stated. therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF THE GIVEN UNDER MY HAND AND SEAL OF THE GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this day of 2020. OFFICE this day of 2020. OFFICE this day of , 2020. Notary Public in and for the State of Texas CERTIFICATE OF APPROVAL APPROVED on this the day of 2020 by the City Council, City of Anna, Texas. Mayor ATTEST: City Secretary APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA FINAL PLAT WHITE OAKS ADDITION LOTS 1-5, BLOCK A BEING 15.93 ACRES OF LAND SITUATED IN THE JOHN ROWLAND SURVEY, ABSTRACT No. 784 CITY OF ANNA, COLLIN COUNTY, TEXAS PAGE 1 OF 1 1 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 ram• .'��'°' � f s lt—'.0'Aj--"i,;I AN r% . � � [{{I'. I I I I I n . W HOUSTON'ST WL Final Plat White Oaks Addition Block A, Lots 1-5 LJL I USTIN sT I HI I w �W.BAILEY-ST Q Q U w I�r. '►r Q m C� r e �r W a.. �W: _ VI,, U fn 10 aI D � ' " Vie' - �'►''i✓' fi `�� �r' ;h `' '��� rr� �: f THE CITY OF N . nna Q Proposed Site 16 I City Limits .ill Parcels I ETJ a �I r` Q 0 250 500 1,000 Feet f a August 2020 L:\Planning & Development\Project Review\White Oaks Circle Addition\LocatorWgenda Map.mxd THE CITY OF Anna AGENDA ITEM: Item No. 6.e. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Approve a Resolution approving the Revised Preliminary Plat for The Villages of Hurricane Creek. (Director of Development Services, Ross Altobelli) SUMMARY: 615 single-family residential lots, 22 common area lots, two parkland lots, one amenity center, and one civic center (fire station) lot on 368.2± acres located 662± feet north of West White Street (FM 455) and 832± feet west of U.S. Highway 75. Zoned Planned Development 689-2015. The purpose for this revised preliminary plat is to align the road connections with the Villages of Hurricane Creek - North Preliminary Plat. FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Planning & Zoning Commission recommended approval as submitted. /_Air_[91:I►Vi14►11b'3 1. RESOLUTION-(RPP) The Villages of Hurricane Creek 2. Exhibit A (RPP) Villages of Hurricane Creek 3. Agenda Map APPROVALS: Lauren Mecke, Planner 11 Created/Initiated - 9/3/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REVISED PRELIMINARY PLAT FOR THE VILLAGES OF HURRICANE CREEK. 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 Article 9.02 the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Jay Reissig, Peloton Land Solutions, has submitted an application for the approval of the Revised Preliminary Plat for The Villages of Hurricane Creek; and WHEREAS, The Revised Preliminary Plat of The Villages of Hurricane Creek conforms to the Concept Plan of Planned Development-689-2015; 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 Revised Preliminary Plat The City Council hereby approves the Revised Preliminary Plat for The Villages of Hurricane Creek attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of September, 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike BLUE SPRUCE LTD PSHP JAN SHERLEY MILLER, ET AL EXISTING JAN SHERLEY MILLER, ET AL ABS A0509 JM KINCAID SUR11c ABS A0509 JM KINCAID SURVEY, FLOODPLAIN ABS A0105 JOS BOYLE SURVEY, TRACT 6, 49.776 ACRI-" o n N88 59 33 E TRACT 1, 31.68 ACRES 1�-- 5/8" IRF DISTRICT 0 �� , TRACT 3,119.0 ACRES N89 05 29 E 1,757.67 PARCEL ID: 1001338 3/8" IRF PARCEL ID: 265730! PARCEL In- N88018'31 "E 742.84' "DC&A" 427.30' 100, 100, 100, 100, 100, 100, 100, 100, 5/8" IRF 5/8" IRF 205' 170' o 100, �4J 105' 0100, 4 0 0 � 80' 80' 80' "PELOTON" "ILLEG" m o in t- ti 4 5 6 Lor2x p o 8 0 9 0 10 11 12 LOr3X PRIVATE I LOr4X PRIVATE o N 1 2 O 3 � 5 Q 1 2 3 PRIVATE 7 OPEN SPACE OPEN SPACE 1 00.00 ¢ d 25' BL 25' BL OPEN SPACE ± 0.58 ACRES 25' BL ± 0.58 ACRES ± 2.27 ACRES 80' 80' _ 80' _ - 100' 100' N88018'50"E 793.96' / JAN SHERLEY MILLER, ET AL ABS A0752 WS RATTON SURVEY, 1/2" IRF TRACT 1, 66.845 ACRES o n PARCEL ID: 2138032 S00 42 12 E / EXISTING LOT 7X PRIVATE 2 32.2 6' FLOODPLAIN OPEN SPACE VPtN SPACE DISTRICT + 0.62 ACRES ± 0.35 ACRES 1/2" IRF N89004'42"E 1,184.38' 5/8" IRF 1g3, °� 178' 100' 100 — — _ — v C-i �o• "PELOTON" N56°39'59"E Aso. — STFtEET'D' _ — STREET'D' 80' -- - s 100, 100, 100' I �'� 4 104' m 3 og 80' 25' BL 100, 105' 120' \ °' 148' �O �V \off co°j ^�� S 72' 106' 41.71 25' BL m ^ 4 O rn- 0 1 rn o �7 11 12 o I N 1 2 3 4 ^ O co �V� �O �� 150' , 2 3 r 4 5 6 Ui Lor 1x 120' W 120, 9 rn 10 1 720 ^ 7 7 ^5 l�� Q� I ° 100' 1 80' 80' 63' O f 2 104' 70' 70 ' 70' TY YO 75' 70' - - , 0 2 N 3 4 5 6 O In z 70' 70' EX TING 'SF-E' ZONING 1/2" IRF P 70' 70' 12 70 85 I Ny 7 s s 10 "� 12 1/2" IRF ~70 70'� 70'� 70� 66' 65, "GEER 3258" - 1' nJ _ J !-1 OPEN SPACE PRIVATE _ Q/ ^` 70 �1 ror ex vRroar O Q / O OPEN SPACE f'- 1° '� 95' S �(/ J $ 5� ' J Q ± o ae acREs o ~ 3 ±4.soacREs o 2 w 5 w ® '�, timv8 �' o �` o e 1 STREET'K STREET 0 2 O f'- 100' YP J m ~� rn o 6 O r \ LOT5XPRIVATE O p Q J (0 Q } \ w U W rn 101 13 \ OPEN SPACE �8 72 ^n, ^, R3660' 70' 144' w 150' w W 120' 1 �2 ±o.69ACREs 5' 6 QUO ° �� O >> 74' 74' 74' 71 70' 75'y 75 70' 70' TYP 25' BL o 0 120' 100' o s o ° 25'BL j, 8 111' 1/2" IRF (of U)n 1 m- (n 12 11 10 b a- 9 8 7 O' b 3 m 5 v O 14 �O° �� > 00 72s, �O ^�O �� VO ^� 5 1 N 7 8 o g 10 11 No 12 ' 1 0 2 3 4 No 5 6 13 No o , "GEE R �� w �, A moo. / / 10 7' 6 0 107' 0 12p, 3258" Q U N N N F U 120' 9, 1g1 072 72 72' 71' m v Z - Q 25' BL gCi 15 0� 7 ° O 96' 72' W ffl m 13 2 ^o 105' R 5 2 O 9 r O " HU�� 105' 100 5p 100' �2 , O 0 0. w / 11 6 72' r� COLLECTOR'D' 4 6T ° s \ Teo. 72' �, 1s n115 14 13� 12 11 10 o s �, 0 12p, 1/2 IRF rn 55 16 7 8 L 3 ti N 13 Z o p 4 HZ� - — — A 1 �o w ro16 15 14 Q Y 5 X s, 12 ^ 19 18 0 25' BL o 0 145' , QS o / ��, � � o N20 17� � � 3 VICINITY MAP 0 c0 J 15' BL ti� NcP 17 O e! / �`� 22 21 0 25' BL 70' TYP 70' 52' 3 m 120 21 O 69' 70' 70' 75' 75' 70' -j U o 0 0 ^L� 0 �!`� 6 \ / 13 °' \�P� ®/ N 69' TYP — o STREET 'N — So, h 4 ^ NORTH N.T.S. U 59 cn o 8 y 1 6 ' 18 4� © , 8 l0 72 O9 QQ PG g 73j, 69' 3770' — C6 7 O � � 150' - - W 70 7 GJ�/ 14 O, 13� SQGQ� �p M R � A 3' R50' 20 20, �Q s 0 \s°�°Q0?oP 5 STREET 1 75' 75' 75' 71 70 75' S 75' 70' 70' TYP 25' BL 70' 72' A 29, = NOTES: Q 0 9 0 a I 82' 25' BL S % / 'C B! �, R W � n� No 6 v', 5 14 (/A 35 0 6 29 O 4 gyp, 78' 13 n� 12 11 10 s 8 7 0 0 o co (A 0 0 1aa tS' 19 � � //� ^`L 75' So' 3 4 0 5 s o 7 o �o M 1/2 IRF 1. FLOODPLAINS SHOWN FOR HURRICANE "GEER CREEK (MAINSTEM) ARE TAKEN FROM COLLIN �' 28 22 'Q h 0� To 0� O 23 0 11 h 78' 141' COUNTY DFIRM PANEL NO. 48085C0155J Q o co 60 58 0 7 2 �' I 3 l �� / T �O, 10 0 15s \ ^ 60' N 26 R I 1 N 2 72' 71' O 71' 3258" - 150' ' N 150' mN �p � �s � ti� 3 y�/ � l �"' � 25 0 (n 72' 72' m , —I p cn 150' TYP mr fTlo 8j, ^ °j, l0 Bl �%, 11 !� / b0 2p, , ^ 24 0 �{ n 78' r Rl 14 co f�T1 W TYP �Iq R6p 27 ^ 23 \Oi 2 i7�0, 14 \ 3o c'O 10 W ;10 W M N N �— o cn 0 7 O N 15 16 17 j 18 1s 20 21 zz o 23 0 , „ EFFECTIVE 06/02/2009. 57 mr ' �4 0 5 cn 3 •C% °8' cPj 9° 61 yo / �O �°. 12 Q� 69' 71 fil i � 13 12 11 0 0 25' BL S02 00 44 E 7 A Q 0 76' r m n110 9 iv 8 -I 14 0 0 0 r; 2 ^� 6 ti 0 32 3' - 14 0 Z 170, 78' 70' 70' �� , 2. FLOODPLAINS SHOWN FOR UNNAMED 150' O 51 24 5 13 ^ n� 27 25' BL - 70' TYP O 70 , �s26 �s 1 © � Q �° so N 2s o 28 O 69'70' 75' 75' 70, 201.29 TRIBUTARIES AND SCS POND # 45 ARE BASED PUBLIC PARK -I I o 0 13 y N o - 7a' 69' _ STREET'P' — o�— — 8S, ^L el oo �' 0` /ic 's �� / ` 75' — - 1/2" IRF ON FULLY -DEVELOPED WATERSHED HYDROLOGY. LAND DEDICATION 4 50 ^ °' d 12 31 70' R3080' r; 0 56 0 5 0 25 ^� '� el 0 72 0 73' 25, BL 7T 70' 70' TYP 70' 74' THE FLOODPLAINS WERE DEVELOPED AND ± 30.68 ACRES 8s 35 0 �s �\\ 14 / Tlo ' 's \ _ .� 75' 75' 75' 70' 70' s5' z5 BL oo �, "GEER DELINEATED ON LIDAR TOPOGRAPHY, WHICH w 150' So, �ti 6l 16 �< �, •- 83' 83' 8 O kl� 14 ro 15 16 17 GNo 18 1s o 20 3258" IS THE BEST AVAILABLE DATA AT THIS TIME. THE 3 REST g- 49 c� �p � 9, O / 69 69 1 N 2 3 ¢ 0 5 s 7 0 120' 120' o FLOODPLAIN LIMITS COULD THEREFORE BE 55 A �� — S� 90, o 'o' ^ el \ 10 O n °' $6 N 4 0 18 N �' 7T 70' 70' TYP 70 1/2" IRF SUBJECT TO REVISIONS BASED ON MORE rn 100' 106' �l 48 \/ O 6 > / 0� �2° �Pq� \^ , /•/\ "sPa E o� 16 N 2 03 70 72' 72' 72' 9 0 -I o W 13 19 152' 184' ACCURATE ON -THE -GROUND SURVEY DATA. NO ZN c0 112' 25.gL > `�' O v. Q 1-1 u'9, OD mo38—ES `, o �T1 Q 78' 81' 144' v m TJ r vo 18' W "GEER CHANNEL MODIFICATIONS IMPROVEMENTS OR ^L 52 00 > ps / 7S /N41 O, ^L 3' 9 QyQP�� 18 78' rn W w m N ¢ U w o 53 o S 7 s °� Q�33 O� h ^�$ 70' 73' 70' r -I N 21 <0 20 19 0 18 10 0 0 12 5 4 ^\6 ¢ 3258" ROADWAY CROSSINGS ARE REFLECTED IN THE r ^1y 54 47 �� G �s 6 ° 75' IO Qs e�` FLOODPLAINS SHOWN ON THIS PLAT. [n g. ^ `l• '� • v± 70' 22 0 -p 17 - 7 � 0_ U O 100' 0,0 72 �0 �`Z` �� �/� 90�! �LyQ �'9, 8 20 �i, 5 m J N 6 0 5 25 BL �39120' h OC N 7 0 69' 69' 67' 4 , TYP TYP o tk cn k z - z 35 100' 46 0 !!i L<' 8 �S \� /, 7 o g o 69' -4 0 3 rn w I 196 !` ti 2 N) 19 O 2p, H N — d 11 0 0 11 s _ -ao 3. THIS DOCUMENT WAS PREPARED UNDER 22 TAC Q- ye �l ,°`' p' �� Y 72' 74' R2790' ' a 14' R50' p0+i Uj 663.21 DOES NOT REFLECT THE RESULTS OF AN 9 > Rso, S 1 d • 73' ui 16 129 120' 0 5 00 > 7 \ °' 1 T o1, O 7 4 15 O T R' RFF '/ 20' 0 O R28o2��STREE 72' 50' 0 120' O ON THE GROUND SURVEY, AND IS NOT TO BE 72' 25' BL 72'TYP 9 120' 0 12 0 10 7 2 - M 11 USED TO CONVEYOR ESTABLISH INTERESTS IN \ 3 00 69, 70' 8 s �,10 70 o �5 o W o O� REAL PROPERTY EXCEPT THOSE RIGHTS AND O h� 6 2 �\ 7sr, `L R 78' °3' 120, ,�� >- 75 5 �GN 6 7 0 cn 120' W 120'N. cy) INTERESTS IMPLIED OR ESTABLISHED BY R75' 0' ' ``�' 21 4 "0� - y0 0124' co s w 188' afI _ 1 �., CREATION OR RECONFIGURATION OF THE w T `�O. d rr Q 3 69, TYP 69' 77' - 0 120' 18 0 's, ^P 22 v 23 0 2 = 1 0 2 69 83' 84' ~ CO 36 'L� B 17 71' 83' 83' O N 13 15' BL BOUNDARY OF THE POLITICAL SUBDIVISION FOR o� 0 3 0 40 ! 121, 120 CO 12T 72' 83' 17 w N 14 N WHICH IT WAS PREPARED. I5PELOTON" 7�p. Oh SOS �j 8g 79. 1280 98' m FZ m aoo 6 m I n 112' 7�g, 79' 80 0 14 13 1P o 11 J 15' gL R 1000' 3 " 'A l ^ti 1 o N W 102' 15 �� .1/2 IRF 4 GJ ¢, P7 - O F-I w ^ r 16 25' BL 91, U7 . "GEER 4. A U MINIMUM MASONRY SCREENING WALL IS O 94 26 w I}- 24 W 120 12T 19 0 18117 _ 79, 79' TYP 79 _ 8T 3258„2s 25 R2oo0' 89' REQUIRED ON COLLECOTR B AND ALONG THE o R Qj3' LOT 11XPRNATE � 7 80' R2495' jg'EASTERN EDGE OF THE PROPERTY WITHIN A 5' 42 39g, 85' OPEN SPACE rn 83'83' TYP 34 l 80, 99' 121ACREs 15' BL 10T 8379' 33 o SCREENING WALL EASEMENT. THIS WILL BE 45 p0 cep, � 13' \ SUS4' 31 32 20 78' 1/2" IRF LN 84' 79' 256E MAINTAINED BY THE HOA. 43 ^0 39 0 �4' — . _ R 3097'� — 80' 28 29 30 No gU 7 ^� 8p' 80, 79' 79' N 2s 27 s4' "GEER 3258" 44 S O° 7�'' 38 0 80' 80, 79' 79' 84' I 84' 0 84' 35 (oo 9s 37 36 35 o d 34 22 2325 B: 24 25 80' 80' 83' 84' 891 LOT 50X PRIVATE / r H 33 b } 3p 31 49' 1or 80' 35 �� 0 89' 82' 5/8 IRF OPEN SPACE 80' 80' 82' 82' 87' ± 46.28 ACRES "PELOTON" SCS POND #45 LOT 17X PRIVATE S89°13'07"W 731.48' 5/81RF So, / OPEN SPACE EL IRF ° , " - 'PELOTON" R W ~ OPEN SPACE / ± 7.23 ACRES "PELOTON" S89 13 07 W 741.15 ± 6.52 ACRES N24008'02"W 75.72' PHASE 1 5/8 IRF / N \�F O� 90' 81, 80' 80'„PE OTON" 5/8 IRF Ln ;"PELOTON" co 20 °'TYP 35 RCN 26 27 28 29 30 No AMENITY CENTER 21 20 19-� 18 1] 1/2" IRF ,Q9 25 o s ± 2.25 ACRES 24 � 25' BL 23 7T 8U 25' BL 111' 98. 357' 70' 1 70' TYP / 4 '9'A 6 22 TYP REEK MEADOW DRIVE o h 5/8 IRF "PELOTON" 5/8" IRF EXISTING ELECTRICAL / 7 0� !rL�0 71 �— "/8" IRF N„ LOT50XPRIVATE TRANSMISSION TOWER �o. / / 1 92, 9 p FREE MEAD�w DRIVE g �`� 21 �`� 86' 25' BL 80' TYP 80' O OPEN SPACE TO REMAIN )'Do2o 0 7s�1 l 0 92 �, arex ± 46.28 ACRES N89026'01 "W 350.00' JLRATTAN \ ABS A0510 JM KINCAID SURVEY, 1"- TRACT 1, 40.33 ACRES CC) PARCEL ID: 2649650 EXISTING FLOODPLAIN w DISTRICT M 0 N O z 92 ¢ 5 6 7 N 8 9 N PR�varE m 19 !,� 7 9 - 3 0 30 0 �o 2i ACRES } QV �11 2 �� 77' 78' 80' Q No 71, 95' 89' _ 2 6 O� 1 �lG 18 Q 10 / 11 5 N N U) 30 -< N 15 14L 12 0Op. 35 CQ5 �po�S �03 17 96 - O 11 10 "17 s 6 11g W 878' 80'8 'TYP 80' 80' 1st / �� 4 16 LAKE SHORE DRIVE LAKESHORE DRIVE P G 6 12 / 8 °l g6 ayo O Q- QP °j / 7 99' 80' 80' 11 D� 1 ' f 120' 8T l�,P �jlC (�20, U 3 28 15' BL 15' BL 15 / 3 > 13 / 7 1A O 10 10 25' BL O N 14 O , A cn 23 26 1 °i 21 c00o lG� Q J� of O 20, i' O Oc� 19 20 o 0_ 21 22 N_ 1 w 1 0 27 0 22 O� +Pc�p� 14 �q Cye 29 a 120' \O �lG 2 \ 6 ` 2 O 29' 113' I Z1 I 126' 2 ° rn rn 14 / �O \\Q O- p > 17 31 0 13 m 22 w 2 0 20 82 Go0`� 15 QV / 12 \ 0� 2° 4 46'12'' 149' 121' �� -i 2 c(Q o? 12o' Ico 125' cwn % �� �A 1 ao , N o 2 0 o rn 120' o cn 125, 13 �!G 1 0� �� ����� 16 5� ro 5 / h 11 10 o 120' 124' ro �io TYP TYP W 0 0 21 13'-Pt 3 o c�i O 016 ti `y 13 0 5 7 m o w 12 3 r 3 26' i 19 17 3 W rn W 12 P 12 �Q � e O lli`� ��• 4 0 � � 15 `L � 4 ^ 2 14 S �6 , 2 12 9 coo y ' 4 20 3 P� 6 ^� Os, RBo, 120' 18 89 C) 10 h o lG 72 14 �o C) 123' TYP , n 4 4 rn 12 �15 9Se �^ 73 ' Q rn W o ' S rn TYP o TYP rn N C1� O 0 3 co 9 w o 12° N\J 70' 70' TYP 25' BIL 7� o 1 6 8 9 PR va E 2 3 4 a 5 7 OPEN SPACE N O F t 0.22 ACRES 25 J m � N � 19 18L25 16 15 14 TYP 13 12 11 10L 71T 79 s rn 2 19 w_ 5 / 35 CJ/0`� 16 \ . Q� > gyp, 13 110' S W 5 r X x 5 r 10 11 e! 1 O 0� 2 �A m _ �J 8T 76' S5' Ro 0 0 120' P 120' TYP y 26' ct gh U�Q 21' 18 a 72c9 O ^ 33 17 �� 7J7 ZUp o ,� 0 RV 4 6 32 Q �/ 7 6 5 6 m 2 6 9 r 3 �`I 9T r Zn 7 17 6 22' /' 2s O/R 61 118' 96, g6' PDOV�I w ym 7 \ 27 6 S �7 ✓ / 4 /� e� /� \ 0 _..�1\ M \ �o.n 7 m\ 28 7 \� �? 8 3 6 0 8p 12� � i DWIGHT GRIGGER / / FCP ABS A0510 JM KINCAID SURVEY, TRACT 18, 4.67 ACRES / S89010'05"W 849.68' FOUND PARCEL ID: 2649651 FCP FOUND DWIGHT G N01 °00'29"W ABS A TRACT 03-9, 3( 387.21' / PARCEL ID: 1002177 LAND USE SUMMARY USE ACREAGE+/- SF LOTS SF DENSITY �UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50°% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 27.7E 90' x 120' LOTS 14.51 55 3.76 8.9% 100' x 150' LOTS 19.70 49 2.49 12.0% TOTAL 163.70 654 4.00 44.5% OPEN SPACE 148.55 40.3% PRIVATE OPEN SPACE 94.61 25.7% PUBLIC PARK 36.58 9.9% EASEMENT 17.36 4.7% FIRE STATION 2.40 0.7°% AMENITY CENTER 2.25 0.6% ROW - 42,250TOTAL LF PAVEMENT / 17,000 LF CURVILINEAR (40%) PUBLIC ROW DEDICATION 51.30 13.9% TOTAL 368.20 654 1.78 GROSS 100.0% LOT 2X PRIVATE OPEN SPACE ± 26.81 ACRES POINT OF BEGINNING 5/8 IRF S88058'26"W 777.53' "PELOTON" 22 13 <5,e 14 �N 10 / \ 24 .- X 1L�Q ' `uu' ^\\�`% 7 13 12 11 0 /�� , \ 16 C 6' 13 > 11 V Q 5 22 / 9 ,Typ ° g0 O 12° 1L° 12 9 \ y S46018'49"W 320.76' � 9o°' 9° 232 0� �yP17 11 12 NPP��. ° 6 /5/8RF AC�E� _ - — a6g N 1" 12 O 'ELOTON" N �c 22 \�` s' s 5Q�6 8 u'\O.L\ 'a ro (� ���� 18 10 FIRE STATION c W o 12 > A �< 2° 9 -��! ♦♦ �9 ± 2.40 ACRES �p ° 22 21 < gyp, LOT9XP�fE 19 ; PEpIF ACE � ^ ±� ACRES 20 50 462' �� m Ern ,���������������♦ 122' LOT 19X PRIVATE , RpN� OPEN SPACE 1 \ \ ±1.12ACRES 1 77' m 2 70' 4 TYP 5 25' BL 7 75' ` �l: 3 6 8 o a_ 23 ~ m 23 0 } 16 15 14 13 70' ~ 12 TYP 11 10 9 77� 25' BL 75', 15' BL 1 ' 2 21) LLI � N ~ CO O I) 5/8 IRF "PELOTON" APPROVED THIS DAY OF 2020, BY THE CITY COUNCIL OF ANNA, TEXAS. MAYOR CITY SECRETARY THIS PLAT FILED IN CABINET , SLIDE , P.R.C.C.T. ONE ANNA TWO LTD LOT 10X PRIVATE ABS A0752 WS RATTON SURVEY, 10' OPEN SPACE TRACT 4, 60.7947 ACRES ± 0.17ACRES PARCEL ID: 2518071 EXISTING 'AG' ZONING V8 IRF 1� EXISTING ONE ANNA TWO LTD :LOTON" EXISTING 'PD 134-2004' \s' 'PD 2001-18' ABS A0782 THOMAS RATTON SURVEY, APPROVED ZONING ZONING TRACT 2, 21.05 ACRES �. PARCEL ID: 2518069 September 1, 2020 LOT AND BLOCK SUMMARY BLOCK LOTS BLOCK LOTS BLOCK LOTS BLOCK 1 1-5 BLOCK 13 1-16 BLOCK 25 1-19, 19X BLOCK 2 1-8 BLOCK 14 1-23, 1X BLOCK 26 1-23 BLOCK 3 1-12 BLOCK 15 1-7, 1X BLOCK 27 1-14 BLOCK 4 1-12, 6X, 12X BLOCK 16 1-8, 1X BLOCK 28 1-8, 8X BLOCK 5 1-29, 1X BLOCK 17 1-19 BLOCK 29 1-9, 9X BLOCK 6 1-14 BLOCK 18 1-22 BLOCK 30 1-18, 9X BLOCK 7 1-27 BLOCK 19 1-20, 20X BLOCK 31 1-22 BLOCK 8 1-8, 8X BLOCK 20 1-34, 21X, AC BLOCK 32 1-23 BLOCK 9 1-5, 1X BLOCK 21 1-10 BLOCK 33 1-18 BLOCK 10 1-44, 1X BLOCK 22 1-24, SIX, 19X, 24X BLOCK 34 1-17 BLOCK 11 1-14 BLOCK 23 1-16 BLOCK 35 1-56, 2X, 17X, 50X, FS, (2) PARK BLOCK 12 1-12, 1X BLOCK 24 1-27 BLOCK 36 1-8 LEGEND BL BUILDING LINE DE DRAINAGE EASEMENT ESMT EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT TYP TYPICAL ROW RIGHT OF WAY BLOCK DESIGNATION EXISTING TREE CANOPY PRE -PROJECT 100 YEAR FLOODPLAIN EXISTING FEMA 100 YEAR FLOODPLAIN PRCCT PLAT RECORDS, COLLIN COUNTY, TEXAS WBK PARTNERS LTD / ABS A0197 JOHN COFFMAN SURVEY, / - R\,�,20• TRACT 2, 40.1598 ACRES w PARCEL ID: 2528703 o I L EXISTING'AG' P&Z COMMISSION ZONING CITY OF ANNA APPROVED DON COLLINS, TED K. TEDFORD & SEPTEMBER 8, 2020 STEVE CAMERON ABS A0782 THOMAS RATTON SURVEY, CITY COUNCIL TRACT 18, 8.55 ACRES CITY OF ANNA PARCEL ID: 2518070 NOTE: THE PURPOSE OF THIS REVISED PRELIMINARY PLAT IS THE RECONFIGURATION OF 63 RESIDENTIAL LOTS & 9 OPEN SPACE/HOA LOTS IN F M 455 ORDER TO PROVIDE CONNECTION TO THE DEVELOPMENT TO THE NORTH. OWNERS CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 DEVELOPER CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 PHONE: 469-892-7200 FAX: 817886-3626 PLANNER / ENGINEER PELOTON • I LAN D SO L UT 10 N S I I I TEXAS REGISTRATION ENGINEERING FIRM NO. 12207 11000 FRISCO STREET, SUITE 400, FRISCO, TEXAS 75033 FRISCO OFFICE PHONE: (469) 213-1800 TEXAS FIRM NO. 12207 1• - 1, l �_I• 111�N do01 rm tf m for Dedp Rubs 4W �for �q or Pwmlt Purpo�. V" rwn Pnparrd t+yt, or undr suprMNon o1: Type w �t Mw» M PROJECT NO. CEN13023 FILE PATH J:JOB\CEN13023\ENT DRAWN BY JAK REVIEWED BY MP DATE SEPTEMBER 2014 REV: NOVEMBER 2014 REV: AUGUST 2017 REV: AUGUST 2020 NORTH 0 200' 400' 600' GRAPHIC SCALE REVISED PRELIMINARY PLAT FOR THE VILLAGES OF HURRICANE CREEK ANNA, COLLIN COUNTY, TX CURRENT ZONING: 'PD-689-2015' 651 RESIDENTIAL LOTS 22 PRIVATE OPEN SPACE LOTS 2 PUBLIC OPEN SPACE LOTS (PARKS) 1 FIRE STATION (± 2.22 ACRES) 1 AMENITY CENTER (± 2.25 ACRES) BEING A ±368.2 ACRE TRACT OF LAND SITUATED IN THE FOLLOWING COLLIN COUNTY, TX SURVEYS: JOSEPH BOYLE SURVEY, ABSTRACT NUMBER 105 JOHN COFFMAN SURVEY, ABSTRACT NUMBER 197 J. M. KINCADE SURVEY, ABSTRACT NUMBER 509 J. W. MITCHEL SURVEY, ABSTRACT NUMBER 565 W. RATTAN SURVEY, ABSTRACT NUMBER 752 T. RATTAN SURVEY, ABSTRACT NUMBER 785 AND BEING ALL OF A CALLED 262.41 ACRE TRACT AS DESCRIBED BY DEED TO VILLAGES OF HURRICANE CREEK, LP RECORDED IN VOL. 5430, PG 9864 AND BEING PART OF A CALLED 114.252 ACRE TRACT AS DESCRIBED BY DEED TO DON COLLINS, ET AL RECORDED IN VOL 5257, PG 4877, COLLIN COUNTY, TX EXHIBIT A � OF 2 DESCRIPTION: OWNERS BEING that certain tract of land situated in the Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197, the J.M. Kincade Survey, Abstract Number 509, the J.W. Mitchell Survey, Abstract Number 565, and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, and being a portion of those tracts of land referred to as Tract 1 and Tract 2 in deed to CADG Hurricane Creek LLC recorded in Instrument Number 20150529000631020 of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "PELOTON" found for the most southerly southwest corner of said CADG Tract 1, being the northwest corner of a tract of land described by deed to WBK Partners LTD. recorded in Volume 4292, Page 27 and being in the east line of a tract of land described by deed to Sunlit Holdings LLC recorded in Instrument Number 20180925001201240 referred to as Tract 2 of said (O.P.R.C.C.T.); THENCE N 01 ° 00' 29" W, 387.21 feet with the common line between said CADG Tract 1 and said Sunlit Holdings to a fence corner post; THENCE S 890 10' 05" W, 849.68 feet continuing with said common line to a fence corner post being the northwest corner of said Sunlit Holdings and the southeast corner of that tract of land described by deed to J. L. Rattan Estate recorded in Volume 343, Page 327 of said (O.P.R.C.C.T.); THENCE with the common line between said CADG Tract 1 and said J.L. Sunlit Rattan Estate Tract the following bearings and distances: N 020 34' 09" E, 1,187.49 feet to a 1/2 inch iron rod found; N 890 26' 01" W, 350.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 240 08' 02" W, 75.72 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; THENCE N 01 ° 42' 50" E, 1,801.15 feet passing a 5/8 inch iron rod with cap stamped with "Peloton" found and continuing in all a total distance of 1,901.15 feet to the approximate center of Hurricane Creek, being the northeast corner of said J.L. Sunlit Rattan Estate Tract and being the most southerly southeast corner of that tract of land described by deed to Blue Spruce LTD Partnership recorded in Instrument Number 19940826000793830 of said (O.P.R.C.C.T.); THENCE N 560 39' 59" E, 41.71 feet following the center of said Hurricane Creek to the southeast corner of said Blue Spruce Tract and the southwest corner of that tract of land described by deed to MM Anna 325 LLC recorded in Instrument Number 20190411000386110 of said (O.P.R.C.C.T.); THENCE with the common line between said CADG Tract 1 and said MM Anna 325 Tract the following bearings and distances: N 88' 59' 33" E, passing at a distance of 100 feet a 5/8 inch iron rod with cap stamped "PELOTON" found continuing for a total distance of 427.30 feet to a 1/2 inch iron rod with cap stamped "ILLEG" found; N 880 18' 31" E, 742.84 feet to a 5/8 inch iron rod with cap stamped "PELOTON" found; N 89° 05' 29" E, 1,757.67 feet to a 3/8 inch iron rod found for the northeast corner of said CADG Tract 1 and the northwest corner of said CADG Tract 2; N 880 18' 50" E, 793.96 feet continuing with the common line to a 1/2 inch iron rod found; S 00° 42' 12" E, 232.26 feet to a 1/2 iron rod found; THENCE N 890 04' 42" E, 1,184.38 feet to a 1/2 inch iron rod found for the northeast corner of said CADG Tract 2 and the northwest corner of that tract of land described by deed to Anna Investments LLC recorded in Instrument Number 20180622000777080 of said (O.P.R.C.C.T.); THENCE with the common line between said CADG Tract and said Anna Investments Tract the following bearings and distances: S 020 05' 39" E, 55.77 feet to a 1/2 inch iron rod found and being the beginning of a curve to the right; With said curve to the right, having an arc distance of 205.60 feet, through a central angle of 16' 49' 44", having a radius of 700.00 feet, the long chords which bears S 060 27' 08" W, 204.87 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" found; S 14° 47' 37" W, 121.39 feet to a 1/2 inch iron rod found and the beginning of a curve to the left; With said curve to the left, having an arc distance of 205.59 feet, through a central angle of 160 49' 39", having a radius of 700.00 feet, the long chord which bears S 06° 28' 09" W, 204.85 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" found; S 020 00' 44.4" E, 201.29 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" and the beginning of a curve to the right; With said curve to the right, having an arc distance of 116.43 feet, through a central angle of 09' 31' 48", having a radius of 699.99 feet, the long chord which bears S 020 49' 59" W, 116.30 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" found for the northwest corner of a tract of land to One Anna Two recorded in Instrument Number 20070201000151610 of said (O.P.R.C.C.T.); THENCE with the common line of said CADG Tract 2 and said One Anna Two Tract the following bearings and distances: S 070 36' 10" W, 394.08 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" found and the beginning of a curve to the left; With said curve to the left, having an arc distance of 101.69 feet, through a central angle of 08' 19' 18", having a radius of 700.15 feet, the long chord which bears S 030 23' 47" W, 101.60 feet to a 1/2 inch iron rod with cap stamped "GEER 3258" found; S 00° 46' 53" E, 471.72 feet to a 5/8 inch iron rod with cap stamped "PELOTON" found; THENCE departing said common line over and across said CADG Tract 2 the following bearings and distances: S 89° 13' 07" W, 660.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 000 46' 53" W, 284.46 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 89° 13' 07" W, 731.48 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 590 26' 33" W, passing at a distance of 15.47 feet the tract line for Tract 2 to said CAGD Tract 1 continuing in total a distance of 195.37 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; THENCE continuing over and across said CADG Tract 1 the following bearings and distances: S 890 13' 07" W, 140.84 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 23° 12' 58" W, 16.58 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 890 13' 07" W, 741.15 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 46° 18' 49" W, 259.24 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 430 41' 11" E, 163.78 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 49° 15' 56" W, 47.89 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 420 57' 17" E, 170.01 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 46° 18' 49" W, 570.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 430 41' 11" E, 120.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 460 18' 49" W, 145.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 430 41' 11" E, 50.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; N 46° 18' 49" E, 117.06 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 430 41' 11" E, 120.00 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 460 18' 49" W, 320.76 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 000 15' 27" W, 421.11 feet to a 5/8 inch iron rod stamped "PELOTON" found for the north line of said WBK Partners Tract and the south line of said CADG tract; THENCE S 880 58' 26" W, 777.53 feet to the Point of Beginning and containing 11,785,601 square feet or 270.560 acres of land more or less. OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: CERTIFI-::ATION I, TODD A. BRIDGES, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION a.ND SUPERVISION IN xx-xxxxxx, 20xx AND THAT ALL CORNERS ARE AS SHOWN. T Ij 3D A. BRIDGES �:EGISTERE❑ PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4940 ''Preliminary, this document shall nol be recorded for any purpose and shall not be used or viewed or relied upon as a rival survey document'' 22 TAC 663.18C Todd A. Bridges, RPLS 4940 Date: 8/21r2020 THAT CADG HURRICANE CREEK, LLC, BEING THE SOLE OWNER DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE. DESCRIBED REAL PROPERTY AS THE VILLAGES OF HURRICANE CREEK NORTH, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND WE DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS SHOWN THEREON. THE STREETS 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 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. BY: MM ANNA 325, LLC B Y: STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED 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 DAY OF 2020. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS FRI 9 = NAME MY COMMISSION EXPIRES: APPROVED September 1, 2020 P&Z COMMISSION CITY OF ANNA APPROVED SEPTEMBER 8, 2020 CITY COUNCIL CITY OF ANNA CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 DEVELOPER CADG HURRICANE CREEK, LLC 1800 VALLEY VIEW LANE, SUITE 300 FARMERS BRANCH, TX 75234 PHONE: 469-892-7200 FAX: 817886-3626 PLANNER / ENGINEER PLANNER / ENGINEER / SURVEYOR ... PELOTON II I LAND SOLUTIONS TEXAS REGISTRATION ENGINEERING FIRM NO. 12207 11000 FRISCO STREET, SUITE 400, FRISCO, TEXAS 75033 FRISCO OFFICE PHONE: (469) 213-1800 TEXAS FIRM NO. 12207 PREUMINARY - FOR REVIEW ONLY 7hIIIiIIIIIiIIIIIiI� doa mmb an for Design RoMrw and not I - t - PI d for Construotbm MM" or Pwmlt Purpooes. They wwo p spa ad by. or undw @We oWon oft IIMC PI[ 64an 09_"I 0®0 Tpe or PNA III PE PROJECT NO. CEN13023 FILE PATH J:JOB\CEN13023\ENT DRAWN BY JAK REVIEWED BY MP DATE SEPTEMBER 2014 REV: NOVEMBER 2014 REV: AUGUST 2017 REV: AUGUST 2020 A LEGAL DESCRIPTION FOR THE VILLAGES OF HURRICANE CREEK ANNA, COLLIN COUNTY, TX CURRENT ZONING: 'PD-689-2015' 651 RESIDENTIAL LOTS 22 PRIVATE OPEN SPACE LOTS 2 PUBLIC OPEN SPACE LOTS (PARKS) 1 FIRE STATION (± 2.22 ACRES) 1 AMENITY CENTER (± 2.25 ACRES) BEING A ±368.2 ACRE TRACT OF LAND SITUATED IN THE FOLLOWING COLLIN COUNTY, TX SURVEYS: JOSEPH BOYLE SURVEY, ABSTRACT NUMBER 105 JOHN COFFMAN SURVEY, ABSTRACT NUMBER 197 J. M. KINCADE SURVEY, ABSTRACT NUMBER 509 J. W. MITCHEL SURVEY, ABSTRACT NUMBER 565 W. RATTAN SURVEY, ABSTRACT NUMBER 752 T. RATTAN SURVEY, ABSTRACT NUMBER 785 AND BEING ALL OF A CALLED 262.41 ACRE TRACT AS DESCRIBED BY DEED TO VILLAGES OF HURRICANE CREEK, LP RECORDED IN VOL. 5430, PG 9864 AND BEING PART OF A CALLED 114.252 ACRE TRACT AS DESCRIBED BY DEED TO DON COLLINS, ET AL RECORDED IN VOL 5257, PG 4877, COLLIN COUNTY, TX EXHIBIT A 2 OF 2 J W J_ LL EA Revised Preliminary Plat- The Villages of Hurricane Creek ' .ry k-...00 '+�a �.. ''k � � S �'' ,�,r:�} .� . .rye• ,','°`.... ,e _ ,,. M Q J co W Q .,;: ' . •ri ,W O ►— H/ACKBERRY DR x E' LN F- cn I .. 'Oq,Q� CREEK,MEADOWrDR..�..� �+ Qom` - Fey LAKESHORE DR', xj Ns _ Q co .. Q r rya' 0 ;�5 455 W WHITE— N I W F a � lit aoal:.... THE CITY OF N �r Proposed Site 161=1mr City Limits + Parcels ETJ �;,• 16, • • •' o 0 500 1,000 2,000 Feet "r August 2020 L',.Planni,q & DevelopmenAloroject RevlewNillages of Hurricane Creek- Re,sed P l nina y Plat Lo-to A,7 Ada Map , xd THE CITY OF Anna AGENDA ITEM: Item No. 6.f. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Approve a Resolution approving the Preliminary Plat for The Villages of Hurricane Creek - North. (Director of Development Services, Ross Altobelli) SUMMARY: 829 single-family residential lots and 29 open space lots on 291.4± acres located on the west side of S Central Expressway and 4,255± feet north of White Street (FM 455). Zoned Planned Development-860-2020 and primarily located within the extraterritorial jurisdiction (Resolution No. 2020-06-733). FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Planning & Zoning Commission recommended approval of the preliminary plat, waiver of block length exceeding 1,200 feet for Northpark Drive and Lake Hills Drive, and waiver of cul-de-sac length exceeding 600 feet for Autumnwood Drive. ATTACHMENTS: 1. RESOLUTION -(PP) The Villages of Hurricane Creek - North 2. Exhibit A (PP) Villages of Hurricane Creek North 3. Agenda Map 4. PZ - STAFF REPORT (PP) The Villages of Hurricane Creek - North 5. Waiver Request - Block Length - Villages of Hurricane Creek North 6. Waiver Request - Cul-de-sac Length - Villages of Hurricane Creek North 7. Neighborhood Design Point Total 8. Res No 2020-06-733 SIA Exhibit C-1 9. Res No 2020-06-733 SIA Exhibit C-2 APPROVALS: Lauren Mecke, Planner II Created/Initiated - 9/3/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REVISED PRELIMINARY PLAT FOR THE VILLAGES OF HURRICANE CREEK. 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 Article 9.02 the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Jay Reissig, Peloton Land Solutions, has submitted an application for the approval of the Revised Preliminary Plat for The Villages of Hurricane Creek; and WHEREAS, The Revised Preliminary Plat of The Villages of Hurricane Creek conforms to the Concept Plan of Planned Development-689-2015; WHEREAS, The applicant requests a waiver from the regulations for block length exceeding 1,200 feet for Northpark Drive and Lake Hills Drive; WHEREAS, The applicant requests a waiver from the regulations for a cul-de-sac length exceeding 600 feet for Autumnwood Drive; 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 Revised Preliminary Plat The City Council hereby approves the Revised Preliminary Plat for The Villages of Hurricane Creek attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of September, 2020. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike a N Donna Peeler Vol. 4972, Pg. 5535 O.P.R.C.C.T, LL 11 0 _o S30° 43' 15.77"W 12.80' 0 0 v S88° 46' 52.36"W 274.56' Viola Lordsmeer, L.P. Vol. 5680, Pg. 5000 O.P.R.C.C.T. S89° 03' 01.26"W 938.03' i S 1 ° 34' 54.17"W 105.14' / � 2X EX. 50' CROSSTEX NORTH -6 1,745,316 SF TEXAS PIPELINE EASEMENT d� 40.07 AC INST. 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NO. 20061108001600010 d� LO 2 � 7562SF �' �001 O so ^ I / ����oo N48° 02' 58.83"W � 01 25 °0 80 ss o �-�jr 2X �� 8932 SF .�, 22.02' � � 6 / m� o DO a� 24 ��� / --�' 64 '�MATCHLINE SHEET 3 2X el 1,745,316 SF \ / '0 / 26X- `( / > o 40.07 AC / o 00� - 1 J 81.1' 107.4' 60.0' 60.0' 60.0' 60.0' 6C o �O� oo p x n O X �� / °p I O ' 10698 SF co 8297 SF N 8268 SF 82 �� 1 oo no54 SF �� 17 0 16 M 15 M cj �\CA 6 _,J n I I 0 18 v / - / 25' B.L. I y8.9' 60.7' 60.0' L 6VILLN <'') 13s�' ^ CONTAIN 1 1-14, BLK G ' ° MATCHLINE SHEET 2 I Q Q 2X ^�. - 1-8,ELKN; / O� ' I d d `' G/ 1 110 LOTS1-1 / FQ PHASE di dIAO W 124.8' 85.0' I 6971 SF / �00 3 � 19 0 0 7490 SF 01 I C0 16 Opp PHASE 2 / / � dI C° 7488 SF `O N 0 15 0 I 11 C dl� f ♦ 11 d O - o / 60' FeOW 124.8' 110.0' ssos SF 7 °y �p O r I N17 &A004 �'cO ' `°O� I 1 I 20 � o 5628SF 1LO 11C / O 26X 229 7623SF I ` d 26X 74 �10 70 / /`'$° 19 ® 125.1' o rn 109183 o I I _Oq Sa18 NAME: M �4, o� °y�Q / 23 2 1' I� 21 m 0 5895SF ' I"' 11 ADDRESI 5874 SF 9 101.0' IC° 7947SF N PHONE: 0 49 0 O / I \ 109.8' 0 584-, 4 0 8520 SF l \ � 24 '8' O� • of a, 12 0 15 1 a 6 22 \ Ln 7363, 0^ yd� 7 /^o sansF 1 128.2' o ,n sasSSF \s' 1 CQNTAC o °o� °oy /h°' 770 ��j 421 SF �' \ I 22 vo �' EMAIL Tf �S' s' / 1 ' I � I 57026 SF / � � iCA 25 � � 8030 SF O / 7 5877 SF / 3`' 7306 SF EXHIBIT A I I / 721.3 /`O N dX �� 7/h, iF7�o' a0 / / i 'po 21 128.7 b `� sasssF \s1/ DATE: N20 31' 06.66"W 46.18' 103.9' 70.0' 70.0' 70.0' T 70.0' 70.0' 75.0' 25' B.L. 8400 SF 9000 SF o a o a o 0 0 g oN 10 oN 11 C 12 oN 13 oN 14 oN 15 0 N 10965 SF 8400 SF 8400 SF 8400 SF 8400 SF 73.0' 70.0' 70.0' 70.0' 70.0' 70.0' 75.�O-Al 75.2' 70.0' 70.0' 70.0' 70.0' 75.0' 70.0' 8400 SF 8400 SF 8400 SF 8400 SF 8400 SF 7 0 6 0 5 0 4 0 3 0 2 0 1 0 10691 SF 25' B.L. 9000SF 09.2' 70.0' 70.0' 70.0'- L 70.0' 70�0' 75.0' VILLAGES OF HURRICANE CREEK NORTH LOT TABULATION PAD SIZE LOT COUNT TOWNHOME 184 40'x 110' 141 50'x110' 236 50'x120' 55 60'x120' 132 70'x 120' 55 80'x 125' 26 TOTAL: 829 1 OF 7 I PELOTOI N 0 100, 200' SCALE: 1" = 100' LEGEND PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY 5' PRIVATE WALL MAINENANCE EASEMENT ® PROPOSED LOCATION OF MAIL KIOSKS EXISTING ELECTRICAL TOWERS NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. A PORTION OF THE SUBJECT PROPERTY IS LOCATED WIHTIN THE 100 YEAR FLOODPLAIN PER FIRM PANEL # 48085C0155J, DATED J U N E 2, 2009. 3. ALL CORNER CLIPS TO BE 10'x10', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD AND COUNTY ROAD 506 WHERE THEY WILL BE 25'x25'. 4. ALL CURB RADII AT INTERSECTIONS TO BE 25', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD WHERE THEY WILL BE 50'. 5. ALL REAR YARD BUILDING LINE SETBACKS ARE 10' UNLESS OTHERWISE NOTED. 6. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. � II KEY MAP N.T.S. APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Q N� z 2 w O z Y W W U W z U 2 LL O 'LU v J \J_ a U 0 0 z W U E a w 0 a N I o C O CO MATCHLINE SHEET 1 S10° 53' 52.57"W07 0 1 / yQ� 0 Harrison and Janet Smith A �Q/ �-aY° / di�IAOoL Inst.# 19920612000392310 / o PHASE 3 �. I O.P.R.C.C.T. � ^° �...- - - � aoo� �°p"' PHASE 2 �� \ / J"w` j CD � � � / o� d� -� / 26X 22 o 0 26X �9.A / O 74 .4, �O°[ j°°y a / /° 23 a � a O o° / w' \ r jj 5874sF 101.0' C1qI W 7 69 8520 IF oy� / ��� 24 �0 6 °> I 22 \ O 5877 SF / 1 1 O� n I •3 (p r) �00 j°o ,(� �C7�' jj° p� / 11421 IFco I I 1 7726 IF [ \ y' f�.A 25 �' �� / /V�7106 r; \ O 50 0 �/ N� \ _ �� 5877 IF ,3. _ IF 7298, -n 7213 /� \\\"` d X /h`b �j°8 �p°o �00 21 7557 SF l / O/ 720 (� IY 26 7578 IF M • �° COS (p°. °' 10 0 a� 5877 IF p0 / 00/ 1/ / W QQ / 51 / �(/ / 48 [ /' 770 moo. 20 �O o / a� 27. CO \ 7326 IF �' / /�fJ� 27 8 •t5% 5 / 7 1' �0 / 19 5 / laL. I I ^Oi CO 8218 SF / 7242, - 7s`9..9, O, 5877 IF /� (O/ 7 6936 IF .'b. 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G Q 1p0YR ov 8, r_ 8747 SF �. 41 o O - - - (n o. 't A l 0 20' B.L. 587o IF 50' OW o 'oo �pOy�� a��� 1,745?316 SF Q 135 \ o \ 120 0 �`� 147.1, I I a I I 32 o f 14 �I 114.9' 6� 6� . -t- U_ W O 1 40.07AC salesF O o 0 0 0 o I 6 o O rn fig. / O I 6195 SF 6815 SF �. '� 7759 S o N / YR FP \ 56 43 0� \�s) 9261 IF M w M 37 M 36 35 34 M 110. ' 110 I I 12 / \ O 42 I - . 9175 IF c- O. O 4- O d- \ 'R\ 123 $ lJ \ 1 SFS �- O 7800 IF 7800 SF �00 SF �6X I O. tNS') o• 13 N Q _ < (o cy 33 J 6116 IF / 25 F _ >? 1 - - 20' B.L. I ,61 Al? °0� 56.8' <� � � -� 70.0' - - � 11- �, 9 �q �v ter, N O° �r 65.3 123.2_ 118.7' (� 60.0' 60.0' 60.0' \ 762s IF 107. ' J C 5A • 7 6679 SF o `` d� 57 p �o_ _ i / 24 's M ww \O 8986sF C46 - TWIN KNOLL LAME - �9� ��. O V 5 t$� 62355E / o�A /ni 22 2Cl)3 'o 13p i L63 - _ _ 54 5' 23 g9 9510 IF ' ) A-T� -� ' 73935E G)0• (50' R.O.W. dy � O� d• - 2X 1oa8a IF \.64 - - - C45 - 7' / / r'� � / 7 22 / 587 83_0' 64.5 60.0' 60.0' 60_0' 60.0' 60.0' 60.0' 60.0 54.9_ 54' _ 21 7687 IF FO 5 • - - - O• W / 5996 IF �J J 65.0' 54.5 25 / o Q°� ^o O / ,\� 12918 SF 7 , g3.5' / \ 9210 IF 7493 IF 7242 IF 25' B.L. 7336 IF 7368 IF 7399 SF \ \ Q r _ LO 1/O 21 4-, / 1` O o o 7430 IF / J - �Lr)ZO co 0 / �J 7 3 ° ` - 0 13° I 7309 IF 19 O� o 7922 SF 6, p. d % I�, o C 7315 IF o,l 19 18 N 17 �, 16 15 N (v (° I ao s i- 18 co /�' O N N 14 13 M M 17 co 7820 IF 6575 IF �Y� ` / i' CO B B 11 7273SF `- 7305 IF .- N 12 N 11 N r` 15 L6 16 ` 6� .2 /06 �O° ` N Op� / 126.3' OHO 3' I s 120 �' 170.0' 60.0_� 60.0' - - 60.0' 60.0' O W I - 75e4 IF 59 •� �r'cP 4 5 [ (n 60.0' 7612 IF 7467 IF 6 6857 IF / o' y I ------ 60.0' -- 60.0' U) a452SF _ 5 K i m b e r l Powell �j CO ' I 9310 SF 6 11p 6378 SF I 60.0' V 56.1' S4-2, 2 s9as IF 5 PHASE 2 20' B.L. 69.6' 6 .9' Vol. 5820, Pg. 2130 / I C0 ssa7sF CC oI 10 LO _ 20' B.L. T I Q O - - - - - - 62.1' - - 503 ssaasF 6' O.P.R.C.C.T. 6�/ 20 7 �� - - - - - - _ PHASE 1 _ o° 132 I 6378 IF r.X 50.0' S0.0' S0.0' 50.0' 52.0' (� 50.3' Ns 6 / !_ 50.5' o. 7 � 6a CC; O 52.0' 52.0' 51.6' 59.1' 60.5' 50.0' 50.0' 50.2' / 6200 SF 6200 IF 9266 IF I to in O O v 6? 8 7� W n 125.0' I 9 �I 1 2 o a a "� N 3 N 4 N 5 N 6 v 7 v 8 w o 0 0 0 Lo 9 2/ Y 1 g o Z. I 120.0' �I 8642 IF N N N 9 10 v [] 0 14 0 13 0 12 0 11 10 N 6974 IF i 17�6 I 6200 IF 6200 IF N cN- N N N N - `=960 IF LO ~ I I U 6378 IF I- 25' B.L. �6448 IF �6448 SF �6448 SF 6912 IF i 132.4' 8042 IF N 1� m 68.6' 50.0' 50.0' 50.0' �6403 IF 7400 IF 7548 IF l6011 IF �6004 SF l6175 SF - sa ai 8 ,ri - 50.0' 52.0' - - - - - - - - - 6' M _ 52.0' 52.0' 51.6' 58• 60.0' 64.9' 50.0 50.0' 50.9' 58.6' v o M / C24 88sa IF I rn 125.0' 120.0' U - - - - o° o - _ HONEYCREST LANE -0� �, ��0 1.0 18 W I �•% C, (O I I 1 CV 6378 IF 5 _ (0 R.O.W.) L42 50 Boaz sF 1 7 C25 L41 1 ' 1 _ 5p p` \ 119 2 m o -"" I W {JJ u) 125. 120. m 60.5' 49.5' 50.0'50.0' 0' 1 1 - - 50.0' E50.0' 50.0' 50.0' 50.0' 50.0' W 50.0'23 /08107 SF ' N N 6378 SF �, - - 50.0' 54.5' 62.8' X) 1 O N I /y 7490 SF 6159 IF 6115 IF 25' B,L. - - - - - w V' 1 7 �/ / 4 COI �. 6 ^ L/� 1� 5909 IF 5841 IF 5772 IF 10 Cv O 5703 SF 5635 IF 6251 IF \\ = 5945 IF Q p'� 24 N \ 8042 SF ^ eN- N O) In �- / 6971 SF � 6370: oo` 120 0 ^ I 120.0' 22 N 21 N 20 N 19 N 18 w 17 16 `° 15 M N o o 26 `9 251 sF � 6254 IF 5. /0 7zoo IF o 725. I N 6378 IF 14 � 13 12 28 5 (.l� '0 O• O O 0' 0) "•� 6047 IF 5978 IF 55.7 d Z 69. YY W 55.5' \ /0 16 co CO 3 �� 5 1 3' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 58.9' w 3 64.2' S4° 32' 41.71 "W 69.40' 72o o 7904 SF �; / \ 72p.o' O o I J O I- - z_ 0' `O O o/ N 6378 IF Q 59.5' Q _ 49 3' /o 0 12 /oi / - 23X J- 49.8' 70 R 11 O• 7183 SF / / o S 0, Q d 4 O /rn O 4 9.4' 53.7' 52.5' 52.5' 52.5' 52.5' 52.5' 52.5' 52.4' 52.4' 30,182 SF I q o 0.0 50.5 6 Oy Fp 100 0 /(O 15 / i� CO % �, 79n [n' / �/ Y 6136 SF nnnn ec _ I 1 1 I 1 C CO 7 1 0 / v °� J ^ V� � U ' � o io Cv � z . - � 10 � 11 � U o�/1 r c4 N '4 sn4s X 2 .0, CO Q� / / 7500 IF CO/ O• r/ /�• 6137 IF 2 Cl) 3 N 4 O 5 O 6 � 7 (6 8 6 O M N o 01 �2 �J � 6011 IF � 6100 SF _ 6972 IF d 5 Q 3 5782 IF 25' B.L TI /O 7200 IF j� 72 d' N 6600 IF 55C `� O •0' 7849 IF _ 55' b (poi / (° 14 SO NCO (O� 72p O (� 5 9 _ _ 6580 SF 6362 IF 6287 SF - 6211 IF - 25' B.L.T - 5985 IF 5909 IF -5834 SF m J - - - Q- - 55.4' 55 4 �'( 7 0 8117 IF 1 O ^ / /0 600o SF 74.0' 53.7' 52.5' 52.5' 52.5' 52.5 52.5' 52.5' 52.5' 52.5' 60.0' 50 53.1' 01 L56 - - ------ - /ti /0 72°6SF SOS j 136� `°l =/ 72po �o c42 _ CEDAR KNOLL LAN_ E o Blue Spruce L.P. �° ,��� / /0 13 0 / �HO�� ^° 6 (50' R.O.W.) Inst.# 19940826000793830 ��h /0 72°0SF2p0 0 73 (SO R O� /� BB s75asF �, /� / Q0, 5 _ - - - - - - 550 O.P.R.C.C.T. ',�° azsssF \ - - - - - - - - - - - 50.0' -I / /moo So' O•w� �N �' ^ /7233SF �0-0 50.0_ 50_0' 50.01 50.0' 50_0' 50.0' 50.0' 50_0' 50.0' 60.00'7I ; 59.1' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' - 12 1 /- ' 24 7233SF 6036 SF 5566 IF 25' B.L. 5495 IF 5496 IF 5497 IF 5498 IF 5499 SF 5599 SP O OI I I O O 2O B.L• O 11 ss09 IF 10 III ���// O O O O O O O O O O O 0' o /o / 23 22 0 21 6 20 6 19 0 18 0 17 CD 16 15 0 14 0 13 Io oI O O �saossF 0 ^ o o _ 17 _ 15 ^0 2 2S ssoo $ ssoo sF ssoo6SF ssoo IF 14 13 12 gOAI 7200 IF 7 O I I 5500 IF 5538 SF 5720 IF 54.3 O N • ^ o" /000' � °' • 0' � 730.6� 66.9' sass IF sass IF Z Y 54.4' (O 2 / co / 63.5' 60.8' 51.8' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 60.0' I � p 59.1' 50.0' 50.0' 50.0' 50.0' 50.9' 54.3' ° 1� aCIV�I / 20.0, V (O� co, 7522 SF / 1 (O f1 I Q N o 72oa sF m o N 7 /� ease sF (� 4 53.4 i LL 56.0' 64 1' F /o 0 2S I 69 53.0' 52.9' 52.9' S2.9' 52.9' 52.9' 52.9' 52.9' 53.8' 60.0' Q 59.1' 50.0' 50.0' 50.0' 50.0' 51.1' 51.7' 6601 IF 6601 IF \r 6601 IF Al?_ / (V (O 8' /U N Z 5837 IF .... 10 O/ pp� 2X / 0 10 0 3 124.0' �I O 5837 IF o o Q oI 1 0 2 0 3 0 4 0 5 6 0 7 o g o 9 d��F 72 0 /v Io of 1 2 io 3 Zo 4 b 5 0 6 0 7 0 8 o g o 10 0 11 0 12 Io z o 0 0 0 0 0 II / 0 O O O 6601 IF 6601 IF 25' L. 6601 IF a� Q' Cp 7757 IF (y `Z M ! 5837 SF 5837 SF ! 6601 SF J �I LO 6601 IF 63:5 O /` 7 /(p / Ifc I� 6601 IF 6601 IF [e , �ti / 8456�F O 32 8' 8165 IF co 1 9926 IF 6183 IF ! 5930 IF 5837 IF 5837 IF 25' B. L•- -5837 IF 5837 IF _ V / ^ ^ U - 2.9' 52.9' 52.9' ! 52.9' 52.9' 52.9' 52.9' 52.9' 53.8' 60.0 159.1' 50.0' 50.0' 50.0' 50.0' 52.0' 53.5' 60�7' ^ooyQ ° ����� oo� / 0 4 I 126.9' 86.0 53.0' 5 52 - - - - ��, ��� 130.6' O 9176SF I� I m `° \A RIVERCHASE DRIVE L45 / � �� a / o I _ 3 10601 IF 14 co, r" 10pYRFp /� 8 rn 'U 5.3 1 I~ osssF - - (50' R.O.W.) - - - - - M 11224 IF rn 5 I � I 11.2' S�3' 49.8' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'� 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50 0 l 0 3 25' B.L. 129.6' N I ��� 9302SF 25' B.L. o o b o b o 0 iV \ a� 2X I v 1,745,316 SF I 7 0 N\ \ \ 40.07 AC 9249 IF oov \ �� 144.8' 13. 1' co 5' WALL MAINTENANCE ESMT� MO►VD P ------------ A R K W A Y 20 ! (120' R.O. W.) ---- - ° N9 as ix _ EXHIBIT A 20F7 N880 59' 33.00"E 427.28' oov op� W W 4 h o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q (o 126.4' 1r L � `�) 19 20 21 22 23 ") 24 25 26 - 27 v I L LP m Q Q 7 5 `r) 6 `r) 7 8 9 10 11 12 13 ! 14 ! 15 16 ! 17 18 5910 IF J N 8115 IF I (`? _ _ "7J2, 5910 IF 49.6' �� 6 I O N a a 22X \7, 6402 IF ! 5750 IF 5750 IF 5750 IF 5750 IF 5750 IF 5750 IF 5750 SF 5750 SF 5750 SF 5750 SF 5750 SF 5750 SF �5750 SF 5750 IF 5750 IF 5750 IF 5750 IF 5750 IF 5750 IF 5826 IF - 142.1' r, 63.9' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0 50.0' 50.0' 50.0' 50.0' 50.0' 22X 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 51.6' 53.7' 53.7 CONTAINING LC 1-14, BLK G; LO _ _ _ -- - - 1-8, BLK N; LOT: 2X 14.4' _ - - - - - - - - - - - - - - - - - - f� 1-28, BLK U; L( �5' WALL MAINTENANCE ESMT LOTS 1-11, BL N88° 18' 31.00"E 742.84' ROSAMOND PARKWAY - -- ------ - L68 - - - - (120' R.O.W.) CITY OF ANNA ETJ ANNA CITY LIMITS N890 05' 29.00"E 1757.67' Tract 1 CADG Hurricane Creek, LLC Inst.# 201505290000631020 N 0 100, 200' SCALE: 1" = 100' LEGEND PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY 5' PRIVATE WALL MAINENANCE EASEMENT ® PROPOSED LOCATION OF MAIL KIOSKS EXISTING ELECTRICAL TOWERS NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. A PORTION OF THE SUBJECT PROPERTY IS LOCATED WIHTIN THE 100 YEAR FLOODPLAIN PER FIRM PANEL # 48085CO155J, DATED J U N E 2, 2009. 3. ALL CORNER CLIPS TO BE 10'x10', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD AND COUNTY ROAD 506 WHERE THEY WILL BE 25'x25'. 4. ALL CURB RADII AT INTERSECTIONS TO BE 25', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD WHERE THEY WILL BE 50'. 5. ALL REAR YARD BUILDING LINE SETBACKS ARE 10' UNLESS OTHERWISE NOTED. 6. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. I �1 A r - KEY MAP N.T.S. APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Q z 2 W i H O z Y W W U W z U_ LL O W 0 J \J_ Q N / I 1 d�-100 l / - f as / J LL.UL o z 00, N890 47' 13.38"W 602.59' 81.1' 107.4' 60.0' 60.0' 60.0' 60.0' 60.0' 10698 SF 8297 SF 8268 SF 8211 SF 8153 SF 8096 SF 00 Co17054 17 N �� SF p° 0 1 16 M 15 m 14 m 13 m 12 ch 2X O 25' B.L. / 18 y 8 9 60.7 60.0' 60.0' I 60.0' 60.0' 73 ^ S . 1026'- S880 58' 59.62"W 933.16' ANNA CITY LIMITS CITY 9--AMA ETf ------ --- 7 171.4 9507 / / o' � � � EX. 50' CROSSTEX NORTH / \ 2X �°� 2Xo a h J ti 8 2X 1 TEXAS PIPELINE EASEMENT JP °' 1 1,745,316 SF INST. 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I, to 23 ` 6027 SF �J j /p y 7°t9 rLCj e%• �J�,� _ ` / / 5910 SF js°' / / t° / JJJ�' ry�� �///�; O� ¢ 5r 5360\ ^ 24 i '� ` ` ii 9 5' Mh ` SF J¢00' 4 �� O N p' 2 F 3 B' OM 25' B.L. 6509SF d ! 6777SF j �JQ 5 ` oQ j ` 49.3 5595SF 4Y \ `[/`� M ] "o J0 3 G Q 0' 25' z45 I 0 0 0 y �L h/ /n F ti 6X -I' J 3 z37s 5 10 I! 1 / O A� / 5 jcS 10 O' O J7 64630SF (SO, � S ^ Q 09, O sF z361 17 16 15 14 13 12 11 W 636 _ y0� 4 5776SF 6 / �O 5910 SF O, 1 / �/ / /L ? , ! 5806 SF p A O _ ` °" O/ S6S7' R o �O r0}^ V 1, ~ M 2 2SFa 25' 2SF 2i 5500E 5538 SF 5720 SF 60 41 / / yp t9 5776 SF y(k P5 - �\ 1 GHQ Jjs 9 ��/ _N jjj O /fL O \ �/\ �, / �j► / SF 500 SF 5500 SF 5500 SF I v`+ - LVV `[` 54.4' �° / JJ77 4630 SF O �' / 2S' ¢S J �? ^moo ti �O �� %f / zao8 5, i0.0' 500E 50.0' 50.0' 50.9' 54.3' ' ' 3 `O 9Q01 ti� W U 25 6y 5 00 5776 SF 1 G�, O / 5910 SF O- 4630 SF °' 7' SF O 3( 2 y�' G� �' SQ J 3� /o N 20. t�s, �� Q /� ,� M I gE 2 �■ 64.1 I 1 o sns sF / / v �GJ js 8 `� / p° 7JJ 8 �� /(�� O z 7804 SF �4'. 6� 11.0' x (so_- i0.0' 50.0' 50.0' 50.( 51.1' 51.7' 56.0' 6601 SF _ O 716aSF ` 5�1 ` O� �� Q 1 >' ' / �4 P �O \ R. c / U 6601 6601 SF 9 16i (i ` y� 1 �33 Z� ,,•0 �910 SF ��/ / ' O� �� �5�'` a6zJOJ�F� '°' /�/,� Jl�\� h "\ \6� J ^ 21 ^ \ \ / O �`� ¢p O, \ Q %�C C8Q �` PHASE - 2 0 3 0 4 0 5 6 0 7 No 8 0 0 1_ p / y0 I �(j�` ` Q- 0 ```�/ \ s15asF S2.6 4 - u- 65 6 / \%O O /`G V SO 4 ^� 5341 SF 11.0' �O 4710 SF - L 6601 SF 6601 SF I 1 / yQ �` 0 5910 SF ��/ /`�� \ °' 6 40 601 SF 6601 SF! 6601 SF 6 1 p ' /� �P \ Al ��• P / \. �6 �, '16 O t7. ^. ^ 4710 SF _ V O' 22 5575 SF '` •0' \ ____ 3.5' 50.0' 50.0' 50.0' 50.i 52.0' 53.5' 60-7' 1 Q yQ • 5510 SF 5910 SF / /�� �O �p�� ��cb ss7z SF 40 e�\ \ .° 23 ^ry0 yp • CO 5910 SF (S 4 / !r! �\ • \ � CV 19 5866 SF \0, S(69 L45 - 5p 5910 SF G, 3 O / / `Gv V �P U i\ ^�� 20 5910 SF �. 'O y3� !�P G52 / �'6;\ 18 cb ¢ 2 3� i pJ�� VV / �s ^a� ^ OK 50.0' / PAL / / /°6, �g\�C 17 fib' sass SF ).0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' �, 1 y M 21X �� 5170SF 10 °' 5817SF ^16 25' B.L. / ten' sr, ^^� 0 0 0 0 / / ��N 2S Q77, 4j\ SF 15p f 26 / /� 1 >_0 21 � 22 � 23 24 - 25 !P 27 22X / / / K 5910 SF 5910 SF / 7X Q \ ^ 1 ^ �� \°°" `2 2 50 SF 5750 SF 5750 SF 5750 Sf 5750 SF 5826 SF / / O 3.0' 50.0' 50.0' 50.0' 50.0' 51.6' 53.7' 53'7 O° 5315 SF^�3' 70 s 4 c? / _ / 12, \S, � Q -1 5322SF Oy 5311 SF _ _ �J - - - - - 130,832 SF ° A \r' 13, �. �Q- / 3.00 AC �041, O�r5 \ / /alas SF 112.0 / 0 AY - -- � / 0 1 ° 6x \ 70\ - .01 - -� CITY OF ANNA ETJ - }_ ANNA CITY LIMITS N88° 18' 49.09'E 793.96' / n"F 17�,7 F- Tract 1 CADG Hurricane Creek, LLC EXHIBIT A Inst.# 201505290000631020 3OF7 60.0' 60.0' 60.0' 83.8' 50.31� sr0 O 78a4 SF 7827 SF 9297 SF M CO 10313 SF N 11 7941 SF 4 10 N 9 25' B.L. N 8 M. ^ 7 M 60.0' 60.0' 60.0' 60.1, ^ - - S9. ,, *4 O 35 ^• a710 sF 9X 34 ^ 4701 SF S 2, 8X 95.0' (TYP) ^ 3j6, 25' 25' 25' 25' `S 33 5315 SF 61 5; o D z8so s o 35' 25' 22so z25o zzso z25o 25' 31 40 0' ,� 32 ^.31 %� M 36 M a SF SF SF SF f V 40.0, 2p, B ^ �' O 12.7 z37s - 3 50 SF 14 13 12 11 10 9 8 C. 1 in 37 `� z78 U 4p• 0' ^ 30 pc� N SF N 15 2250 z25o \� \�� W01 � \ \ 4p 0' 42. 8679 SF � (O 1 N 38 2375 zo N O SF B 20' B.L. SF A`� ^SF \ 4 39 8636 sF o I 35' 25' 25' 25' 25' 25' 25' 3 2375 - 66493F6.41 \/ .°.O 29 N 39 SF N FAW_NWOOD DRIV Q" C71 O 10 O C, o 40 2375 04 - D tlrnq d 955, S Cl) 120.1' N SF N g0' TYP (50' R.O.W.) 109.7' cO 4978 SF ( ) OJ - / 8074 SF M O 1 N 2SF5 41 J N 30 25' 25' 2 O 4934 SF I O 28 O m (O � LO 0 11 ,o `* 125.0' �2375 O J M 31511F M ^ 700 SF z25o 20' B. J 9 1 r LU N SF 42 N N SF �O\� 11 0. c' "s 124.0' J 5000 SF � 2SFo 2 N H 21 20 19 1 4460 SF 5000 SF U O 27 O I o 432aso O N ��••O�/ \\ os o 1 10 0 125.0' co SF CO J 2250 �0 30' 25' zsF zz 0 / � 110.0' � v 125.0' � � O m 5000 SF � ,RS ^ N � 3 SF N 4400 SF 4400 SF 5000 SF U O 0 26 O 7 Q 00 7 0 l l 0 13 0 �- N 125.0' v 110.0' 110.0' 125.0' _ 0 5000 SF o 4400 SF 1 y ^ 5000 SF > 1 0 25 O 4400 SF O �:It � 00� 6 001 10 14 00 1 O 125.0' v 110.0' O�/ C5 L _m 110.0' 125.0' m �/'� 0 5000 SF b 4400 SF 01-1 O 4400 SF 5000 SF O O C / - 07 24 V O N rl Ir N /A c) 125.0' N I 110.0' 110.0' 125.0' L�.I 5000 SF M I O 4400 SF 4400 SF 5000 SF Z 23 O Nl+ 10 4 J z 00 4 aMi1 1oMi 16 00 � 0 125.0' a W fl 110.0' m J 110.0' °' "' 125.0' w J Ln ��O J 4720 SF Q s 5461 SF O 4400 SF cl l0 3 N 1 Q 1 0 3 01 lo0 17 cO J O 22 N V A Ali Ili I I ,... -� =�. C 5 z250 Cn sF N 30' 25 2250 6 - 0 25' 25' 225( SF N O SF 8 9 10 11 2701 SF OM 700 SF 2250 2250 SF SF 2C 90' (TYP) 30' 25' 25' 25 HOLLY PARK LA �� (50' R.O.W.) nl G. 1 n I 1 �n71 0 1 71 n 0 100, 200' SCALE: 1" = 100, LEGEND PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY 5' PRIVATE WALL MAINENANCE EASEMENT ® PROPOSED LOCATION OF MAIL KIOSKS EXISTING ELECTRICAL TOWERS NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. A PORTION OF THE SUBJECT PROPERTY IS LOCATED WIHTIN THE 100 YEAR FLOODPLAIN PER FIRM PANEL # 48085C0155J, DATED J U N E 2, 2009. 3. ALL CORNER CLIPS TO BE 10'x10', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD AND COUNTY ROAD 506 WHERE THEY WILL BE 25'x25'. 4. ALL CURB RADII AT INTERSECTIONS TO BE 25', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD WHERE THEY WILL BE 50'. 5. ALL REAR YARD BUILDING LINE SETBACKS ARE 10' UNLESS OTHERWISE NOTED. 6. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 1 / KEY MAP N.T.S. APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Q z 2 LU 1 O z Y L.I..I LU U W z U LL O rLU V J \J_ SF 4726 SF O �C/ i �589 SF D°* �L j 19�G a7sz sF �O� % ? `V 19X ��� 7Q 4688 SF�� e \ 6' 4721 SF 20 - 1 ���: ��Qr ���� �' ��� ��%�8� 7�jQ 6602SF �Q� �� ���o��� 7� �" 8236 9F 16 3X }`'�C���Jw gQ' /^ O 6288 SF �iv / 21 O \ O V` O / 12 / p / ji 9 2S ^� 5436 IF --"16 AO 5966 SF O 4533 SF 7j 18 0' / �h0 C76 ,3S •,, 6243 F ^O 23 O 5567 SF t / 533 SF 7o, / O 24 >F o°' ^ 7717 /�o ^� g8' 6 5 0.2� S,� /4533 SF ,0' O / ` V G \ 7\J^' <29 7 \ O Ci 16 28 v 4529 7s15 0° j70ol (Nb /4s33 SF 0' / O O 1^/ 7 4508 SF /y 7 0' 27 A, IF O ^/� j 4508 SF '\ ry �° �!_O / , 70 / O !V� 4559 IF 1;1/4533 SF777Q /O _ l/v, �O/ j 350 QF �° �S2' ^ 26 48814\SF O ^ryo / 7712 °o 32 0' �� �9S 2 �� �0' ^ 25^� 4s33 SF 7 p' ^ / 77 4510 SF O �Q•e� Q91 ol 7711 \ 33 �' ° \Q' �d �TJ-o/ 95.5, 4533 SF 7 p' /�° / 77, \ ry ^Q) 34 4737 SF \o p, / 2700 IF / 31 X 2250 S / ^ 7� 0 / �2 © ^(L 35z o zzso s o C10 3 8846 AC F / / 7 \ Oy > 5073 SF 29 �j / 0 /4s33SF o O' 1� 2 ^ 36� / 2 1h �79 7 g ^ /\ \ �S�. ` C/ p• o' 4 �S ' M' 2250 S F / O /7? p, o o/ �3Sg\ R O iQc ? o' ^' / 27 �`, 31 X / 4533 SF /O' Si 77 7622 SF �O 2250 SF �O 2S' 617 3E 4X �/ 7'p' /o / / �ti/ 25 o oo �� 2 PHq / 1; 4504 SF 733 p,• 5r 28 2700 SF / ti 17 ti V S' 2 S'� 2 117,117 SF 7 41 4' / 4 Q �° o / °j S 2 / 2.69 AC / 4440 SF 7? 0, 00 �ti / 7 5440 IF O 5243 \�� / / 2400 SF / \ 3p, 18 1905 ^ ' 26, 31, L20 /O' "7 O / 3S' S 2318 SF °j �' ^ \ \ o rr / 3p 0 SF / y 2 , 42 S' a �h' 0• / 23 so sF M 20 ^0 0. 30' 25, O 777 Q, /� ^ 5302 SF ^ 39 ro \ z25o SF O O S 2396 SF 21 ^ ^' O 26, 0' 4482 SF 45.7' �O �O 22 h 160 ^ rn zzso 2S' 4X � 72 � � ^ � z25o 2505SF 22 ^ SF 25' 4882 SF `` z25o SF V 3150 SF 15 SF 2646 SF 04 SF 24 2,rj' 5 4440 SF 43 0 38 / SF Q Q�' h z25o z25o J 30, 71 Q p 21 o ry 3S' SF 14 SF zzso , z7oo SF 25 26 O ?p, O O/ 5069 SF ^ 22so SF z25o N O' 72 /� Qpp, 37^(Yj0` 20 f�� 2s, 2p, 13 SF z25o 3Q' 3pl 25' z25o 27 28 SF 2700 SF a 4 4a4o sF / 44? 4' \ / Q �� S 2S' .4. 12 SF 2 sF zsF zzso 29 30 t� ♦/��� z25o SF / ��/771• p, /o / 4749 SF `70 , 19 ?p,e \�0' `O -� •/ 19 ti� 76 3 SF `- /po b� 776 OP 0' •4. / tih c� ^� S 2 , hM o 'O' 3232�F 625' zs77 25, 30' rn h / 45 •7 �O 4p Q' 1 z82so sF 1 v 3S' \S 1 0 9 0 8 - zszz zass 4440 SF �`• 0 Ap O // 2v^, `ti O ^' 7 SF X 77. O 615z SF / ^"� 46 (b 0' JX 2700 SF 40 O 2S, (iS0O/� i 2672 O 6 SF 2411 2 0 /moo /h ^`1^ 47 ^ 4723 IF / p 17 0° 13 2250 2S, 2S, 3 SF ^ o o � '4 3 F 25r 3p, h 5249 SF 4s10 SF O• �j 3150 SF SF Q' ^ O C h 2SF 2754 SF 44. �S' ^ 48 co/ h 1 z67oo SF M / 7�35, 14 2S' 2S �% 30' 25' rn h M 1v0 i /o' 2' 41. 6 ti 15 25' rn °' /C 4 .� �y^ 15 M° /� �S' zzso 20' �S• ® 25� 25' rn N V 64 7S y,/ 5r \ z25o SF 2250 SF 0611 SF 16 6 2 L, 28.7 25' 25' nj 14 �G/ yo zzso 17 <. S• 9 30' (V p ..00 z25o SF 12 SF SF18 F30' L157361 SF �• 7' �3 /13 (y Q" sF 11 SF zzso 19 z71 o SF 0' 25' 53 ^ 5329 SF /A .6' " 2250 1 �� �� 3S, z25o S 1 0 2SF0 SF 2S, 20 25' 30r © ^� • 52 \(p' ���I zzso s�F1 S 9 zzso zzso 0' rn 21 o 2250 2sFo 4I 2 SF 3 In O) SF !., O / 2J^, 8 SF 2 2769 SF 22 23 M go, - S\ p o /` R < S' zs3 S 24 14 0 "51 \9, 10 ti� 74 �/ 2S, 2p, 7 3 3p' 25' rn 2s78SF M Ur ,^�o 46.6' p 2250 SF / Q \ �,[� 2 e 6 0' 25' 30' N 22so SF Q yp\2pe 5179SF ^� 2S' B.L. / A\`� 9 `1� O /� �'S `/Q/C / 4. zzso 5 O x� P 13 uo QI �D •0' .4 ^ 50 ,� �1 2700 SF l,Q 2 1 A �( 2S, SF 2700 SF 30, d' N 4p\ 4467 SF ^. / ` O 00 3150 SF S' /� ,(� 1� / �ii• 1 5X 25' 25' I ' N H 12CD 0' 82700 SF �� 7 2250 SF\I O�' r `` J'p, O 4 2SF8 z25o IF Q `. Opp, 4685 SF ^`L 3X ti 7 MO � 3S• 8 0'e S 2 \ 01 �,C� z8z1 3 2 1 N m 11 z \ / 744,092 $F 2250 SF 2250 SF 9 . S' •J �j"/� 69 SF 2358 O z25o SF 17.02 AC 6 h �° 2S' 22so 10 2S' 9' SF 2818 N N 10 Q� L�til� \ 30' SF 2250SF zzso sF v/.7 zzso /S' S�`!� O 4p SF 11 G 2`SI30' N z25o SF �W V 7579 SF �7' � ' Q' 2250 12 250 SF 30'' C8 9 " dj \. p' �9 2250 SF �° �%� SF 2584 SF �/ 4 h h 1A zzso 13 Al L 13 l h zzso SF 00 (0 6175 SF \ \Q6+ \ A/y 22so SF F ry V 4200 SF % SF 14 Q' v ���� N 90' 8 N U �• �' 27^� \ ,o SF � 3 ti / ti d 6 0 3 M 2803 SF 26 (b 2p'e \69 /yqs 2 2 9p, ry 3sooSF �p 30' Co 0' 25, 101, M 2 ^ 25 ^ •<• O 2258 SF ry (9 3500 3500 SF 5 "1 25, 0 jS 0 7 M 9 h LL z377 20' B.L. 30, 3 / v\ 53660 SF ^O 24 O '� \ 96 ?9' ry� c'�1 SF 7� 4 1 2X J 1 SF L M 4 9 5595 SF (q� •S'3 2932 SF p, Q N m 2 3 C M 3' S ^ry 6X '�' M �7� 7p 3 G Q 3pr 25' 2375 z37s 5 6rn 13X Q9 Q) SF 2361 12 rl) 2 2988 � SF SF 2SF3 O 61 co ^ \ `� e 1 SF 43 �, 25' 25' 25, H ^�°ti� 4O /•v v / OQ' 2808 W U 30' 7 �/ _ 7 SF 6^ 11.0' O�A �� (e0 S O� �_ �o Q PHASE 4� Q�,2�7 \ R O' w)� U PHASE 1 \ C� 4 �, \ \ C80 1 IF �52.6' / 11.0' �O 4710 SF 4Qor 4 «.� Q' ^ 4710 SF Qo' ^ A O,^35 4710SF 40•0' _ 9X N 4701 IF 51,2, 8X -95.0' (TYP) 34 N 3j _ 25' 25' 25' 25' �933 ,• 5315SF 6 61 5; _ _ 2850SF 4p•0' ^ 32 �•31 %� \ Ci o 40.0, 2p,BL D 12.7' 4I Q' 4 30 <3t,0`' 42.4 39 8636 SF O C' �Q ��/ �� P 116.4, O, 29 QI (6 6649 SF e �v 4� 10 0 / / 9s 5 s (C1) 120.1' J !�'!C,/• V 8074 SF O 4978 SF 28 CD I OJ OJ� V Z 4934 SF 06 9 �1 ? 11 `t 125.0' / 6X 111.0' (l' Co 124.0' w s000 SF Off/ v 4460 SF O 5000 SF O v U OV 27 125 0' W O 8 01 I O 12 O ... .. C ` % 110.0' 125.0' v J s000 SF / 4400 SF 4400 SF 5000 SF v/ O 1 285 O I M 44 2SF Cl) 0 7 0 o0 13 0 �— v N 125.0' 110.0' 110.0' 1 1 125.0' 1 z O 5000 SF N 45 2SF N / I 4406SF I O ^ 1 O J 4406 SF O I I o� 500014 1 O O 1 125.0' I N 46 237 N lJ >> V SF N J 5000 SF 010 L� m 110.0' 125.0' m— �" 0 4 `0 47 2sF N 4400 SF p 4400 SF 5000 SF p - _� OV 24 7 I N / N N o 125.0' 237' N I� 5 m p o 5 6 1 1 0 15 0 (n ! s000 SF `n 95 48 SF 110.0' ! 110.0' 125.0' �J J (4 (\l M I 4400 SF 5000 SF z O 23 I 93.8' 0 4400 SF o M rn o 49 0 l IO 4 LU I1 110.0' m J 110.0' "o01 I M 125.0' v LU125.0' M / LC) 4400 SF� J 4400 SF 4720 SF Q S 5461 SF C,O, M 0 3 I Q 1 00 3 0� l0 17 (O J_ 22 1I 110.0' V- 110.0' 104.5' a 9 CV 4400 SF 4400 SF 4055 SF � 104.4' 570 SF 110.0' a 2 v D 18 6 I I 4o55 SF v I 5X o 0 110.0' 103.9' 5185 SF 4568 SF 5131 SF s 103. O 1 I SO 1 1-:1 � � - OD 19 `*61, `O� 5024 SF � � I Il 110.0' 110.0' 150.2' --M 3W 3W 3010-1 1 _ ANNA CITY LIMITS N89° 04' 41.92"E 1154.08' Tract 2 CADG Hurricane Creek, LLC Inst.# 201505290000631020 O.P.R.C.C.T, EXHIBIT A 40177 35' 25' 2250 1 2250 zzso 50 25' 30' SF SF SF S22F SF 14 13 112 11 10 9 8 III 15 2250 B 22so SF 2700 s SF 20' B.L. 25' 1 25' 25' 1 25' 1 25' 1 25' 30' 32^ FAW_NWOOD DRIVE 90' (TYP) (50' R.O.W.) L3 30' 25' 25' 25' 25' 30' in 3151 IF M d 2250 i SF 2 � F- N O J z25o C,O 3 SF N 700 SF 225o 20131. 2250 21 SF SF 2700 20 19 18 17 16 zzso zzso 30' 25- sF sF 25' 30' 90' (TYP) 30' 25' 1 25' 1 25' 1 25' 25' 125 HOLLY PARK LANE_ (50' R.O.W.) L5 21 5' 125' 130'1 30' 125' 25' 25' 125' 125' 12 ` DRI FTW_OO L4 (50' R.O. �o 00 N Co N In Z BFB ANA 40 ACRES, LLC INST # 20190412000390800 0. P. R. C. C. T C81 TO BE DEDICATED AS RIGHT OF WAY ONE ANNA TWO, L TD. INST # 20070207000151600 0. P. R. C. C. T. BFB ANA 40 A CRES, LL C INST # 20190472000390800 0. P. R. C. C. T. N 0 100, 200' SCALE: 1" = 100' LEGEND PROPERTY LINE PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY 5' PRIVATE WALL MAINENANCE EASEMENT ® PROPOSED LOCATION OF MAIL KIOSKS EXISTING ELECTRICAL TOWERS NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. A PORTION OF THE SUBJECT PROPERTY IS LOCATED WIHTIN THE 100 YEAR FLOODPLAIN PER FIRM PANEL # 48085C0155J, DATED J U N E 2, 2009. 3. ALL CORNER CLIPS TO BE 10'x10', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD AND COUNTY ROAD 506 WHERE THEY WILL BE 25'x25'. 4. ALL CURB RADII AT INTERSECTIONS TO BE 25', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD WHERE THEY WILL BE 50'. 5. ALL REAR YARD BUILDING LINE SETBACKS ARE 10' UNLESS OTHERWISE NOTED. 6. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 1 / KEY MAP L____ N.T.S. APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Q 0_ ry Q Z_ 2 J Nut ry O Z Y LU LU U LU Z U_ (l �vv LL O W J \J_ a N� Cl) 12R I / 22R / 21R I / / - 20R / O / 19R / 18R 5 ANNA CITY LIMITS SRC' 2"W 933.16' CITY QP- PcP NA t I � - S88° 55' 42.44'W 491.23' MATCH LINE SHEET 3- - - 744,092 SF 171.4' / / / / 17.02 AC/ 3.8' 50.3'� 0" CO_ 9507 I EX. 50' CROSSTEX NORTH FQQ 2X h �' 2Xo 8 \ •b I 2X TEXAS PIPELINE EASEMENT 7SF '� rn INST. NO. 20061108001599970 10313SF 0 �?' <�,� 1,40.076SF / AC 3X M 9p\ j7 5763 SF j b. 12 7 Cp , \ /QJ 2 v0' �O �7"�/�j �`� 8456 SF611 r ^M 9038 SF 4jN 77 5763 SF / 1O. 7 S 6 3 0'` 9 >' � 5714 SF` ��` V / 0 6093 SF 1 S' / / I? Cl? S9� W, F.5r do 5� Q`,w � 6 t L6�38.1' 1 9\61 5 '2' �o' / `O !s 5885 SF / / �O' f� \°" / 7 6201 SF ` p O, O / O 13 14 93) 7 CO oti' 4 hoj �� G� o QL i P \ / J 7784 SF 7144 SF O / �. 7s sasssF S� `P p2 12'O, ^`V15 5885 SF .p, O I !� \�(\�(�.� �j 4439 SF ly / 8448 SF 0 �tL• 3 / �\ CJ\ ' / / �j ) 1 1 •o, t,'3.7 ' 4 3 5218 SF O• 25 / 2. SO°' \ \ A 1 ''sp, Oo / , P ,� / / 10 0 aaao SF O Sts S, ©^o �S / L IOV 2 /� / 5�/ �2% ��< 4a62 SF C 5885 SF /l�✓i' 9 0, Sp 55 0 9F ^^�0 00 SF 6538 SF 1'So' $>p 458V 27 tip \'t9 / • '�v ��� ,'j 4589 SF ���Q� op °' gip, �4) / Q\� >, 7 5500 SF \ / / �. ) 4589 SF 28 s° \ <110 P'7 6 'O, /� / /121• �C/ Q p' Q%' 77. 4589 SF �O • / s / 3 \op ^�o' ssoo SF j D0% Lo 5 O, / CSC/ 0O 29 6p p O` 9084 SF / n� '�j 4589 SF / /poi 16 ^�O �(/� O D`L' O, \°O .`30 s000 \ / /� /©'��ss sF /Doi/ D L/�c� �� 17 \�J \0� �� 31 X 4589 SF NO� 4726 SF 0'`"O - ?p, 589 SF �1'ti/ / 196' 4792 SF 11 1h� 7p 1 47SF 9X G�� / / '6' 4688 SF /� / \ S 21 � / 20 V, 80, 773 6602 SF �O� 0�� Co) Urban Crossing Block A Inst.# 2013-568 O.P.R.C.C.T. 13R I I I I I I 14R I I I � I � I I I I I 15R 16R 17R 9 i ne I �z I I 00 I I U I i I I CD 7 Q/ � 8236 SF 3X ��//' `O v �; � . 0' ��` / O 6 �8 SF �i� / / 21 (6 O \6� Ov / 1 2 / �^ j 77 ^O 5436 SF \�(�' /�O 0 7 5966 SF O 4533SF 0' /� / �tje 22 O, 23 7S0, �O/ / ^ 7718 /�� C76' 6243 SF �J O 5567 SF 88 533 SF ,p' A86' S0. / _ n0 24 ] 55 SF O / 7 17 'sO' h0/ ^/4533 SF '�0' 7775 885 SF o /f a % 16 28 4533 SF 7 77 Q p'29 0' o j/4533 SF v �O / O 77p 4508 SF / ^ 7714 �'� 0 °� �' 30.0' �o` �' 6�'\17 ^/4533SF *0' O O O 0�/�L� 7 4508SF ^O 27`L 13 �O. ��t� i . /� ^ry� 4559 SF \O C / �` /4533 sF'7'0, /O _ l� vJ 77 3508 SF �v^\ 26 p0 4884\ F ^HQ) 7712 vo w 32 °" o°� S9 2p,e 10^ 25^� / �` / 4533 SF'' °" ^ / 77 4510 SF O 2p \ �' ":'0' Q p / CO 11\ 777� /o \ \ 33 0 00. \p, ^o /IyAi 95.5' Sl 2700 SF / 4533 SF • / 77p \ � h ^ '34 O 4737 SF p p, 31X o� 10 /QO \2' /p • © ^�yh \ / zzso s 30 \ �C ] y h 356 5073 SF 29 �0 368,312 SF / A\ / / 4533 SF ] °, /�O' 1� 2 '` 36,E 2250 2 h (',10 9 8.46 AC / 9 ' / 7 ^ \ >I sp, �j/� '>0 0, 4,\S' �J' 2250 S �/ ]� p �/ �3\4\ �i0 �/!1/C o' \ ^� / �h 27 F tih 31 X / o / 4533 SF /O' Tl / 40 % , 26 �' o �O' P'/ N 7]7$ p /h 7622 SF \ �O zzso sF -�O 2S' C]1 P ASE 3 4X / b^/ a5oa sF O /� / / �� / 73 �C \ / 25 0 00^lt` 2S' HASF 117,117 SF 3 Q 2700 SF 1 7 41 4' / h sr �O / ti ti o S' 2.69 AC O 777• p, 00 '0/ / 5440 SF 5243 \c9 / / t0 2400 SF �O / \ 3p" 1 8 19°j�` , �S, 26' 31, / / p / aaao SF D / 730 /00 SF / ti p / 3S, 2S' 2318 SF �' r\ .. 42 S' a �,`�' gip, / 2"23250 SF o 20 ^O O• � 3p' 25, ] ]6 /� ^ 5302 SF ^ 39 eo \ O O 2250 SF 1 600 2 O ' p' O' 4482 SF 45, 7' 22 l� s 2396 S 21 ^ ^^ W 2250 25, 25' / �O•/ / b0 b, 726 �� �� 2250 SF V ry 3150 SF 15 2SF 2505 S 'Z'Z 0a S SF 5 aaao SF 43 '4 O 38 a86z sF Q 1V zs4s sF 293 24 J 5' 3p' `J` A O h 2250 2250 21 �o Q- 3 2 , 25 14 ai7110,• p' � 2700 SF O /O O/ 5069 SF \ O O ` O 2250 SF O s' SF SF 225o S ^ 26 2250 2700 SF ] / AO 37 M� 20 4' 2S, 2p, 13 SF 22so o' 3p' 25, 22so 27 28 sF a / 2]4, 1<00�0' o 2 , 6 12 sF SF zzso 29 30 4 4440 SF 44 2p, 4p / O L� 22so SF 476 /! S / �• 2S, SF 2250 O 717• p, /o N / 4749 SF 6� B \. p, Q �'` h 19 ^\/ 3 , 3p 2 sF 25' o ]] O. �, / � `/�,J 0�10 p 3232 SF `5' 2577 30, 0) V I/ s ]' 0` CO Slp P 1 8 �� V 3j^,� 1 A 2S' ,yh� O O 8 633 S SF 2522 3 aaao SF 45 ' p zzso SF / '!�% S, 9 2466 X O ] 7, p, O \ 6152 SF / ^^��`46 cb °, A • p' 3X 002700 SF 40 O 2S, I Spi �O/� i 2 2S, O SF ^ O �y. <V 5 F SF 1/ 2672 � 6 SF 2411 13 22so 2 R co 0 4 23s /• 4440 SF b. l /(�• ^� ^ 4723 SF O S' • O tj (� O �%' CO 3 30, 2 4,0 O \ h 5249 SF 4510 SF 048 (t 3150 SF SF 2S, /„ - <� p, ,\ n O O O 'ZSF 2754 SF 0 / [/ rn C") 1- ''] 0' / o o R 4 \S' �� h 160o SF / '\3S, 14 2S, F 30' 25' 0) h M u0 aaao sF p0 4.2' 414 6 ti o 2 , 15 ® p 25' 25' 25' rn ]] 1 64 ¢, ]S �O P\ / 2250 SF 1 550 SF / S, S 2SF 221 6 2p"19 2ii' C9 2$.7 25' 25, 30, ' O � \ 4p � � zzso sF 14 �� �� Oo 12 �S' SF 2sFo 18 2sFo 3°' � L 15 lui % M 7361 SF \• ]' ?� O 13 3150 SF 2250 22so `30, � �' °j' � %- 1 11 SF 19 z710SF 25, 53 ^ 5329 SF u �/Q .6' zzso 1 �� ''\/ 3S zzsos 10 zs50 SF ?S 20 25' 30' ^ 52 \d2250 ), / 5E 2 9 sF0 iq rn 2sFo 2700 11 ry 3 h S' 22so O' rn 21 SF / ,\ T7p j �h / O �7 2J^, 8 SF 2S, z769 S z22 23 24 `�) 14 90 0 ^051 \9" 0 10 �yh A �� 2S, 2p, 7 30' 25, rn 2578 SF M UI ^ 46.6' 2250 SF / Q ^ e 6 0' 25' 2250 SF 0 EXHIBIT A 79 SF �. 2s, - / nj FM 2i' <. 22so O 3p' I / N 13 a ^ B.L. 9 ti Q Q- S' /C �2 sF 5 X N ^ 50 ^ 2700 SF Q 2 , \ • `^.S' 2S' 2700 SF 15X 30r 25' �i J 'LID X H 12 / 3150 SF S S/'.. i O .. V n gyp' d 25r 2358 3o' 2250 SF o d <co A \ 7 SF ^ 49 � 82700 SF O I / 7 22so SF 2 ' \� A Q 4X Sheikh Alam Vol. 4335, Pg. 955 0,P.R.C.C.T. - - - - - - - - - - MATCHLINE SHEET 4 LO COCO N o� LO Z O) BFB ANA 40 A CRES, L L C INST # 20190472000J90800 0. P. R. C. C. T. N 0 100, 200' SCALE: 1" = 100' LEGEND PROPERTY LINE - - - PHASE BOUNDARY LINE 100YR FP 100' YR FLOODPLAIN BOUNDARY 5' PRIVATE WALL MAINENANCE EASEMENT ® PROPOSED LOCATION OF MAIL KIOSKS EXISTING ELECTRICAL TOWERS NOTES: 1. NO LOTS WILL BE SERVED BY A SEPTIC SYSTEM. 2. A PORTION OF THE SUBJECT PROPERTY IS LOCATED WIHTIN THE 100 YEAR FLOODPLAIN PER FIRM PANEL # 48085C0155J, DATED J U N E 2, 2009. 3. ALL CORNER CLIPS TO BE 10'x10', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD AND COUNTY ROAD 506 WHERE THEY WILL BE 25'x25'. 4. ALL CURB RADII AT INTERSECTIONS TO BE 25', EXCEPT ALONG PRAIRIE RIDGE BOULEVARD WHERE THEY WILL BE 50'. 5. ALL REAR YARD BUILDING LINE SETBACKS ARE 10' UNLESS OTHERWISE NOTED. 6. RETAINING WALLS SHALL BE MAINTAINED BY THE OWNER OF THE PROPERTY WHERE SUCH RETAINING WALLS ARE LOCATED. RETAINING WALLS OVER 4' WILL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 7. ALL REQUIRED SCREENING WALLS WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. ��♦ �IIIIIIp�� IIIIIIII':1� /lllllliil>• .P•� � �1 111111111 1111111/ KEY MAP N.T.S. APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA O A PRELIMINARY PLAT FOR VILLAGES OF HURRICANE CREEK, NORTI CONTAINING LOTS 1-8, BLK A; LOTS 1-15, BLK B; LOTS 1-21, BLK C; LOTS 1-53, BLK D; LOTS 1-7, BLK E; LOTS 1-30, BLK F; LO I 1-14, BLK G; LOTS 1-14, BLK H; LOTS 1-24, BLK I; LOTS 1-30, BLK J; LOTS 1-27, BLK K; LOTS 1-53, BLK L; LOTS 1-19, BLK M; LO 1-8, BLK N; LOTS 1-23, BLK O; LOTS 1-30, BLK P; LOTS 1-28, BLK Q; LOTS 1-12, BLK R; LOTS 1-25, BLK S; LOTS 1-23, BLK T; LO 1-28, BLK U; LOTS 1-26, BLK V; LOTS 1-71, BLK W; LOTS 1-19, BLK X; LOTS 1-22, BLK Y; LOTS 1-24, BLK Z; LOTS 1-27, BLK AP LOTS 1-11, BLK BB; LOTS 1-7, BLK CC; LOTS 1-66, BLK DD; LOTS 1-12, BLK EE; LOTS 1-32, BLK FF; LOTS 1-15, BLK GG; LOT,, 1-17, BLK HH; LOTS 1-18, BLK II; 29 X-LOTS. FOR A TOTAL OF 829 RESIDENTIAL LOTS AND 29 OPEN SPACE LOTS. Q 291.45 ACRES ZONED "SIA RES. NO. 2020-06-733" & "PD-860-2020" ANNA, COLLIN COUNTY, TEXAS Q OWNER / DEVELOPER PLANNER / ENGINEER / SURVEYOR NAME: MM ANNA 325, LLC I ADDRESS: 1800 VALLEY VIEW LANE, SUITE #300 P E LOTO N FARMERS BRANCH, TEXAS 75234 PHONE: (469) 892-7200 I I I I I LAN D SOLUTIONS O CONTACT: TREVOR KOLLINGER EMAIL: TREVOR@CENTURIONAMERICA.COM TEXAS REGISTRATION ENGINEERING FIRM NO.12207 11000 FRISCO STREET, SUITE 400, FIR SCO, TEXAS 75033 FRISCO OFFICE PHONE: (469) 213-1800 T DATE: AUGUST 2020 DESIGNED: BAW SHEET H Q Z C G LLu LL 1 H O Z Y LLI LIJ U W Z U 2 LL O LLI J \J_ a N CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING Cl 0110 46' 42" 200.00' 20.63' 41.11' 41.04' S07° 51' 25"E C2 076' 57' 26" 50.00' 39.74' 67.16' 62.22' S52° 13' 29"E C3 090' 13' 06" 50.00' 50.19' 78.73' 70.85' S45° 48' 45"E C4 029' 03' 08" 350.00' 90.69' 177.47' 175.57' S13° 49' 22"W C5 071 ° 50' 55" 50.00' 36.23' 62.70' 58.67' S36° 37' 39"E C6 032' 59' 01 " 500.00' 148.03' 287.84' 283.88' N 15' 47' 19" E C7 090' 00' 00" 50.00' 50.00' 78.54' 70.71' N55° 39' 14"E C8 021 ° 37' 35" 200.00' 38.20' 75.49' 75.04' S68° 31' 59"E C9 021 ° 37' 35" 200.00' 38.20' 75.49' 75.04' S68° 31' 59"E C10 090' 00' 00" 50.00' 50.00' 78.54' 70.71' N77° 16' 49"E C11 016' 33' 42" 500.00' 72.77' 144.53' 144.03' S660 00' 02"E C12 088' 06' 13" 50.00' 48.37' 76.88' 69.53' N01 ° 05' 51 "W C13 018' 11' 22" 1461.00' 233.88' 463.82' 461.87' N33° 51' 35"E C14 033' 26' 11" 1589.00' 477.27' 927.30' 914.19' N41° 28' 59"E C15 007' 30' 55" 400.00' 26.27' 52.47' 52.43' S61 ° 28' 39"E C16 0110 41' 22" 500.00' 51.18' 102.01' 101.83' S51 ° 52' 30"E C17 0440 35' 27" 200.00' 82.01' 155.65' 151.75' S680 19' 32"E C18 0900 00' 00" 50.00' 50.00' 78.54' 70.71' S440 22' 45"W C19 0630 10' 33" 760.00' 467.33' 837.99' 796.18' S320 12' 32"E C20 0090 55' 04" 2015.00' 174.83' 348.79' 348.36' N480 55' 43"E C21 0100 19' 41" 2015.00' 182.11' 363.22' 362.73' N290 55' 44"E C22 0600 31' 32" 500.00' 291.74' 528.18' 503.97' S300 53' 01 "E C23 0050 49' 56" 500.00' 25.47' 50.90' 50.87' N690 56' 29"E C24 0350 15' 13" 700.00' 222.41' 430.70' 423.94' N71 ° 27' 52"E C25 0030 08' 34" 2000.00' 54.86' 109.70' 109.69' S89° 20' 14"E C26 0910 26' 22" 200.00' 205.09' 319.18' 286.37' N260 40' 25"E C27 0890 38' 35" 50.00' 49.69' 78.23' 70.49' S62° 47' 06"E C28 0050 07' 19" 1175.00' 52.56' 105.04' 105.01' S20° 31' 29"E C29 0130 00' 12" 1175.00' 133.91' 266.67' 266.09' S29° 35' 14"E C30 0120 44' 22" 1175.00' 131.17' 261.26' 260.72' S42° 27' 31 "E LINE TABLE LINE LENGTH BEARING L1 263.90' S01 ° 58' 04"E L2 43.42' S130 44' 46"E L3 299.61' N890 17' 48"E L4 165.00' N88° 01' 56"E L5 316.22' N890 04' 42"E L6 370.69' S00° 42' 12"E L7 82.41' S280 20' 56"W L8 291.43' S00° 42' 11 "E L9 237.51' S72° 33' 07"E L10 318.26' N00° 42' 12"W L11 76.28' N32° 16' 49"E L12 184.32' N10' 39' 14"E L13 77.07' S79° 20' 46"E L14 264.81' S57° 43' 11"E L15 259.04' S79° 20' 46"E L16 209.17' S57° 43' 11"E L17 25.00' N570 43' 11"W L18 706.19' N32° 16' 49"E L19 14.70' S57° 43' 11"E L20 259.56' S740 16' 53"E L21 169.02' N57° 43' 11"W L22 160.97' N450 08' 58"W L23 220.34' N24° 45' 54"E L24 114.60' N58° 12' 04"E L25 25.00' S31 ° 47' 56"E L26 83.25' S65° 14' 06"E L27 67.49' S57° 43' 11 "E L28 231.08' S56° 51' 47"E L29 126.53' S57° 43' 11 "E L30 516.45' S46° 01' 49"E LINE TABLE LINE LENGTH BEARING L31 581.03' N890 22' 45"E L32 77.62' S00° 37' 15"E L33 25.00' N36° 06' 45"W L34 25.00' N540 54' 25"W L35 311.60' N240 45' 54"E L36 120.63' S00° 37' 15"E L37 15.77' S61 ° 08' 47"E L38 106.37' N72° 51' 27"E L39 27.59' N670 01' 31 "E L40 380.89' N530 50' 16"E L41 163.50' N89° 05' 29"E L42 548.20' S87° 45' 57"E L43 24.80' N720 23' 36"E L44 90.91, S540 25' 10"E L45 1029.17' N890 05' 29"E L46 151.23' S21 ° 08' 00"W L47 69.88' S200 12' 51 "E L48 186.94' N21 ° 41' 31 "E L49 25.00' S78° 48' 10"E L50 53.28' N11° 11' 50"E L51 224.19' N020 14' 03"E L52 50.99' S120 34' 33"E L53 297.99' N01 ° 44' 03"E L54 270.00' S00° 54' 31 "E L55 65.85' N41 ° 04' 51 "E L56 801.15' N890 05' 29"E L57 58.11' S680 52' 00"E L58 270.00' N00° 54' 31 "W L59 575.88' S12° 15' 52"E L60 82.14' N660 54' 52"E CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING C31 0050 03' 22" 1423.79' 62.86' 125.64' 125.60' S51 ° 53' 32"E C32 091 ° 41' 12" 50.00' 51.49' 80.01' 71.74' N08° 02' 24"W C33 051 ° 17' 17" 1035.00' 496.87' 926.47' 895.85' N63° 26' 51 "E C34 093' 04' 40" 50.00' 52.76' 81.23' 72.58' S44° 22' 11 "E C35 018' 57' 51 " 400.00' 66.81' 132.40' 131.79' S 11' 39' 04"W C36 041 ° 20' 51 " 785.00' 296.22' 566.50' 554.28' S00° 27' 34"W C37 041 ° 54' 22" 400.00' 153.17' 292.56' 286.08' S00° 44' 20"W C38 008' 57' 47" 300.00' 23.51' 46.93' 46.88' N06° 42' 56"E C39 072' 54' 02" 400.00' 295.45' 508.94' 475.30' S230 52' 28"W C40 002' 12' 27" 1000.00' 19.27' 38.53' 38.53' S11 0 28' 20"E C41 048' 00' 38" 825.00' 367.40' 691.30' 671.25' N65° 05' 10"E C42 022' 02' 31" 300.00' 58.43' 115.41' 114.70' S790 53' 15"E C43 010' 12' 13" 400.00' 35.71' 71.23' 71.14' N61 ° 48' 45"E C44 0230 00' 32" 400.00' 81.41' 160.63' 159.56' N680 12' 55"E C45 0120 00' 51" 700.00' 73.66' 146.78' 146.51' N850 43' 37"E C46 0200 10' 45" 500.00' 88.97' 176.10' 175.19' N820 08' 40"E C47 0090 03' 17" 850.00' 67.30' 134.33' 134.19' N760 34' 56"E C48 0940 13' 05" 50.00' 53.82' 82.22' 73.26' N340 00' 02"E C49 0340 14' 31" 410.00' 126.30' 245.03' 241.40' N040 00' 45"E C50 0220 02' 31 " 400.00' 77.90' 153.88' 152.93' N 100 06' 45"E C51 0240 54' 28" 1100.00' 242.94' 478.20' 474.44' S780 27' 17"E C52 0640 19' 35" 1250.00' 786.05' 1403.39' 1330.83' N560 55' 41 "E C53 0330 26' 11" 1800.00' 540.65' 1050.43' 1035.59' N410 28' 59"E C54 0300 32' 17" 1200.00' 327.59' 639.59' 632.04' N730 28' 13"E C55 0220 02' 31 " 700.00' 136.33' 269.29' 267.64' N 100 06' 45"E C56 0460 36' 00" 600.00' 258.40' 487.99' 474.65' N020 10' 00"W C57 0800 03' 04" 530.00' 445.13' 740.49' 681.72' N 140 33' 32"E C58 0220 45' 23" 500.00' 100.62' 198.59' 197.28' N430 12' 23"E C59 0430 08' 52" 500.00' 197.70' 376.54' 367.70' N530 24' 08"E C60 0840 35' 44" 50.00' 45.49' 73.82' 67.30' N320 40' 42"E LINE TABLE LINE LENGTH BEARING L61 61.19' N560 42' 39"E L62 134.82' N79° 43' 11 "E L63 525.82' S88° 15' 57"E L64 163.72' N720 03' 17E L65 412.07' N21 ° 08' 00"E L66 20.20' S00° 54' 31 "E L67 375.19' S700 08' 13"E L68 1632.23' N89° 05' 29"E L69 313.11' N240 45' 54"E L70 309.02' N580 12' 04"E L71 378.11' N88° 44' 21 "E L72 138.75' N00° 54' 31 "W L73 220.60' N21 ° 08' 00"E L74 190.50' N25° 28' 00"W L75 303.53' N540 35' 04"E L76 108.63' N31 ° 49' 42"E L77 17.23' N74° 58' 34"E L78 230.00' N00° 24' 36"E L79 33.09' S580 10' 18"E L80 211.15' S490 26' 18"E L81 32.35' S760 03' 48"E L82 128.92' S490 26' 18"E L83 461.56' S890 35' 24"E L84 520.00' S00° 24' 36"W L85 29.51' N630 47' 35"E L86 40.41' N35° 24' 56"W L87 255.39' N490 26' 18"W L88 69.03' N360 59' 47"E L89 100.19' N09° 37' 53"E L90 453.23' N400 33' 42"E LINE TABLE LINE LENGTH BEARING L91 720.85' S890 35' 24"E L92 567.28' S00° 43' 51 "E L93 100.37' S25° 46' 27"E L94 639.08' S00° 40' 12"E L95 112.41' S25° 18' 05"E L96 159.92' S65° 14' 06"E L97 346.89' S57° 43' 11 "E L98 588.88' N800 10' 03"E L99 246.07' S590 53' 09"E L100 28.26' S820 24' 02"E L101 352.15' N040 03' 22"W L102 512.37' N15° 43' 07"E L103 120.29' N140 23' 07"W L104 283.64' NO2° 01' 42"W EXHIBIT A 60F7 CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING C61 0100 01' 45" 790.00' 69.32' 138.28' 138.11' N040 36' 17W C62 008' 44' 00" 500.00' 38.18' 76.21' 76.14' S53° 48' 18"E C63 026' 37' 30" 300.00' 70.99' 139.41' 138.16' S62° 45' 03"E C64 040' 09' 07" 250.00' 91.37' 175.20' 171.63' S69° 30' 51 "E C65 020' 14' 15" 500.00' 89.23' 176.60' 175.69' S09° 42' 32"E C66 096' 22' 46" 50.00' 55.90' 84.11' 74.54' S68° 01' 02"E C67 018' 57' 56" 500.00' 83.52' 165.51' 164.75' N73° 16' 33"E C68 014' 01' 22" 300.00' 36.90' 73.42' 73.24' N42° 25' 37"W C69 086' 26' 04" 50.00' 46.98' 75.43' 68.48' N06° 13' 15"W C70 023' 03' 35" 400.00' 81.60' 160.99' 159.90' N25° 27' 59"E C71 004' 18' 19" 400.00' 15.04' 30.06' 30.05' N 11' 47' 03"E C72 030' 55' 49" 300.00' 83.00' 161.95' 159.99' N25° 05' 48"E C73 049' 50' 53" 250.00' 116.17' 217.50' 210.71' N65° 29' 09"E C74 088' 51' 33" 50.00' 49.01' 77.54' 70.00' S450 09' 38"E C75 025' 02' 36" 350.00' 77.73' 152.98' 151.77' S130 15' 09"E C76 025' 06' 16" 345.00' 76.81' 151.16' 149.96' S130 13' 20"E C77 0240 37' 53" 540.00' 117.89' 232.14' 230.36' S120 59' 08"E C78 0390 56' 02" 1000.00' 363.32' 696.98' 682.96' S450 16' 05"E C79 0070 30' 55" 2000.00' 131.36' 262.34' 262.15' S61 ° 28' 39"E C80 0420 06' 46" 800.00' 308.00' 588.01' 574.86' S780 46' 34"E C81 0390 56' 48" 500.00' 181.72' 348.60' 341.58' S790 51' 33"E C82 0220 30' 53" 500.00' 99.52' 196.48' 195.22' S71 ° 08' 35"E C83 0190 46' 28" 1500.00' 261.45' 517.70' 515.13' N050 49' 52"E C84 0300 06' 13" 1000.00' 268.92' 525.41' 519.39' N00° 40' 00"E C85 0120 21' 25" 425.00' 46.01' 91.66' 91.48' N080 12' 24"W a LL 0 a'' O o 0 OOyQ-�e '0 a / o ° ,00 y� �O O uo 11 / / VICINITY MAP 1 "=500' A=avxcez APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Q J z J LuLu L^.1_ LL 0 Z Y W W U Lu Z Q U_ LL 0 W J \J_ U Q N DESCRIPTION: BEING that certain tract of land situated in the J. Kincade Survey, Abstract Number 509, the J. Boyle Survey, Abstract Number 105, the J. Roberts Survey, Abstract Number 760, the J. Ellet Survey, Abstract Number 296, and the W. Rattan Survey, Abstract Number 752, Collin County, Texas, being all of that land described in deed to MM Anna 325, LLC Tract 1 recorded in Instrument Number 20190411000386110 of the Official Public Records of Collin County, Texas (O.P.R.C.C.T.) and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the most southerly line of said MM Anna 325, LLC Tract 1 and being in the north line of that tract of land described in deed to CADG Hurricane Creek, LLC Tract 2 recorded in Instrument Number 201505290000631020 of said O.P.R.C.C.T.; THENCE N 000 42' 12" W, 232.26 feet to a 1/2 inch iron rod found; THENCE S 88' 18' 50" W, 793.96 feet to a 3/8 inch iron rod found for the south line of said MM Anna 325, LLC Tract 1 and being in the northeast corner said CADG Hurricane Creek LLC (Tract 1); THENCE along the common line between said MM Anna 325, LLC Tract 1 and said CADG Hurricane Creek LLC (Tract 1) the following bearings and distances: S 89' 05' 29" W, 1757.67 feet to a 5/8 inch iron rod found; S 88° 18' 31" W, 742.84 feet to a 1/2 inch iron rod found; S 88' 59' 33" W, 427.28 feet to a 1/2 inch iron rod stamped "GEER 3288" found; THENCE departing said CADG Hurricane Creek, LLC Tract 1 along the common line between said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Blue Spruce L.P. recorded in Instrument Number 19940826000793830 of the O.P.R.C.C.T. the following bearings and distances: N 61 ° 49' 20" E, 205.61 feet; N 190 24' 17" E, 181.73 feet; N 38' 49' 43" E, 172.63 feet; N 200 25' 25" E, 121.13 feet; N 49' 53' 58" E, 215.37 feet; N 040 32' 42" E, 69.40 feet; THENCE N 30' 41' 24" W, 236.43 feet departing said Blue Spruce L.P. tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Kimberly Powell recorded in Volume 5820 Page 2130 of the O.P.R.C.C.T.; Thence continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following bearings and distances: N 21 ° 14' 27" W, 129.45 feet; N 11 ° 58' 09" W, 106.75 feet; N 09' 26' 49" W, 132.42 feet; N 17° 32' 12" W, 108.70 feet; THENCE N 03' 35' 21" E, 118.10 feet departing said Kimberly Powell tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Harrison and Janet Smith recorded in Instrument Number 19920612000392310 of the O.P.R.C.C.T.; Thence continuing along said MM Anna 325, LLC Tract 1 and said Kimberly Powell tract the following bearings and distances: N 16' 24' 37" E, 135.67 feet; N 06° 20' 57" E, 127.72 feet; N 18' 30' 44" E, 70.24 feet; N 10° 53' 53" E, 77.78 feet; N 19' 15' 05" E, 240.38 feet; THENCE departing said Harrison and Janet Smith tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Dasara, LLC recorded in Instrument Number 20150123000077570 of the O.P.R.C.C.T. the following bearings and distances: N 59° 17' 04" E, 231.36 feet; N 39' 06' 49" E, 113.71 feet; N 180 28' 30" E, 79.37 feet; N 45' 20' 55" E, 130.09 feet; N 240 01' 10" E, 163.50 feet; N 29' 16' 45" E, 139.03 feet; N 07° 19' 23" W, 145.67 feet; N 22° 22' 47" E, 72.91 feet; N 660 09' 44" E, 68.86 feet; N 49' 46' 52" E, 125.19 feet; N 250 25' 25" E, 105.50 feet; N 41' 12' 53" E, 204.93 feet; N 440 25' 31" E, 122.72 feet; N 40' 33' 22" E, 129.29 feet; N 010 34' 54" E, 105.14 feet; THENCE N 30' 43' 16" E, 12.80 feet departing said Dasara, LLC tract across the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Donna Peeler recorded in Volume 4972 Page 5535 of the O.P.R.C.C.T.; THENCE departing said Donna Peeler tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Risland Mantua LLC recorded in Instrument Number 20180625000783630 of the O.P.R.C.C.T. the following bearings and distances: N 88' 46' 52" E, 274.56 feet to a 1/2 inch iron rod stamped "GEER" found; N 890 03' 01" E, 938.03 feet to a 1/2 inch iron rod stamped "GEER" found; THENCE departing said Risland Mantua LLC tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Hurricane Creek Estates (Unrecorded) the following bearings and distances: S 020 31' 07" E, 46.18 feet to a 1/2 inch iron rod found; S 00' 43' 55" E, 239.62 feet to a 1/2 inch iron rod found; S 000 54' 34" E, 240.98 feet to a 5/8 inch iron rod found; S 00' 35' 30" E, 240.11 feet to a 1/2 inch iron rod stamped "GEER" found; S 000 46' 25" E, 193.73 feet to a 1/2 inch iron rod stamped "GEER" found; S 00' 41' 51" E, 159.37 feet to a 1/2 inch iron stamped "GEER" found; S 020 15' 50" W, 136.17 feet; S 00' 41' 12" E, 97.40 feet; S 000 41' 12" E, 20.05 feet; N 43' 06' 55" E, 28.85 feet; N 36° 57' 57" E, 59.11 feet; S 81 ° 37' 00" E, 76.35 feet; N 64° 47' 48" E, 51.43 feet; S 23' 02' 34" E, 61.07 feet; N 53° 19' 07" E, 45.87 feet; S 82' 24' 22" E, 25.36 feet; S 390 57' 49" E, 56.11 feet; S 48' 02' 59" E, 22.02 feet; THENCE departing said Hurricane Creek Estates tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in plat to Urban Crossing Block B tract recorded in Instrument Number 2013-568 of the Plat Records, Collin County, Texas (P.R.C.C.T.) the following bearings and distances: S 02' 04' 20" E, 28.82 feet to a 1/2 inch iron rod stamped "G.M. GEER" found; S 000 05' 05" E, 119.18 feet to a 1/2 inch iron rod stamped "G.M. GEER" found; S 89' 47' 13" E, 602.59 feet to a 1/2 inch iron rod found; N 880 59' 00" E, 933.16 feet to a 1/2 inch iron rod stamped "CORWIN" found; N 88° 55' 42" E, 491.23 feet; THENCE S 04' 03' 22" E, 703.80 feet departing said Urban Crossing Block B tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to Sheikh Alam tract recorded in Volume 4335 Page 955 of the O.P.R.C.C.T. to a 5/8 inch iron rod stamped "PELOTON" found; THENCE departing said Sheikh Alam tract along the common line of said MM Anna 325, LLC Tract 1 and that tract of land described in deed to BFB Ana 40 Acres, LLC tract recorded in Instrument Number 20190412000390800 of the O.P.R.C.C.T. the following bearings and distances: S 88' 44' 00" W, 60.25 feet for the beginning of a curve to the right; With said curve to the right, having an arc distance of 99.55 feet, through a central angle of 03' 42' 13", having a radius of 1,540.00 feet, and the long chord which bears S 13' 52' 00" E, 99.53 feet; S 15' 43' 07" W, 512.37 feet for the beginning of a curve to the left; With said curve to the left, having an arc distance of 473.61 feet, through a central angle of 28' 16' 00", having a radius of 960.00 feet, and the long chord which bears S 01' 35' 07" W, 468.82 feet; THENCE S 05' 15' 18" W, 533.77 feet to the most southerly southeast corner of said MM Anna 325, LLC Tract 1 and the northeast corner of said CADG Hurricane Creek, LLC Tract 2 to an iron rod found; THENCE S 890 04' 42" W, 1,154.08 feet to the POINT OF BEGINNING and containing 288.918 acres or 12,585,251 square feet more or less. EXHIBIT A 70F7 CERTIFICATION OWNER'S DEDICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT CADG HURRICANE CREEK, LLC, BEING THE SOLE OWNER DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREIN ABOVE. DESCRIBED REAL PROPERTY AS THE VILLAGES OF HURRICANE CREEK NORTH, AN ADDITION TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND WE DO HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS SHOWN THEREON. THE STREETS 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 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. BY: MM ANNA 325, LLC STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED 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 2019. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS PRINTED NAME MY COMMISSION EXPIRES: I, TO-31) A. BRIDCES, RECISTE-RED-'ROFESSIGKAL LAND SURVEYOR OF THE rTATE OF TEXA$, 0Q HEREBY CERTIFY THAT THE MAP SHOWN HEREON A CI'RATELY REDRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE CROUND JNDER MY DIRECTION AN!' S J�IEI VISION IN xxxx xxx, 20xy AND THAT ALL CORNERS AHE AS SHOWN, TODD A_ 3RI:DCES REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4940 "Prelimincry, this do4ume•it shill not bB recorded for arty purpose anc shiall not be used or vile -wed or felled Jpon as o final survey document" 22 TAC 663.8C Todd A. Bridges, RPLE ! 9'40 1}011e: 5/23/2020 DAY OF _ APPROVED APPROVED September 1, 2020 SEPTEMBER 8, 2020 P&Z COMMISSION CITY COUNCIL CITY OF ANNA CITY OF ANNA Preliminary Plat- The Villages of Hurricane Creek North to D p —► ?� Z .Q XI _ _ m Z W —m U 4 p Q —co') 3 a z o w i�,Z'cn Z 00 00 O E COUNTY ROAD 370 O 3 U _ HACKBERRY}DR SUZIE LN J — } a HELn MOKEN FALLS DR ... • .. w a C�Ct�t m CREEK MEADOW�DR W W p ;J L'Anny KESHORE, DR Q r Z z w THE CITY OF N a v v :. DEN �pL . cn CO CO LID 14 PsS' Proposed Site �imimr City Limits _ i' Parcels �ttt�ETJ C7 — 5 _ —,� ,� W.WHITE ST 0 750 1,500 3,000 M'45 Feet W August 2020 L:\Planning & Development\Project Review\Villages of Hurricane Creek - North l-ocatonAgenda Map. mxd CITY OF ANNA Planning & Zoning Commission September 1, 2020 Preliminary Plat: The Villages of Hurricane Creek - North Applicant: Jay Reissig UTC]=1►1U_\111=1LTA F Consider/Discuss/Action on a recommendation regarding The Villages of Hurricane Creek - North Preliminary Plat. SUMMARY: 829 single-family residential lots and 29 common area lots on 291.4± acres located on the west side of future Standridge Boulevard and 4,255± feet north of White Street (FM 455). Zoned Planned Development-860-2020 and primarily located within the extraterritorial jurisdiction (Resolution No. 2020-06-733). ISSUES: Waiver for overlength streets The applicant is requesting a waiver from the 1,200 foot maximum block length requirement in both Subsection 9.02.081(o) of the Subdivision Regulations and Section 2.7 Block Lengths of the Anna Engineering Design Standards. The subdivision layout will create two overlength blocks along Lake Hills Drive and Northpark Drive. These roads run across floodplain/Soil Conservation Site lake easement area, so the length cannot be reduced. In addition, these adjacent areas will become open space and community areas; providing a vehicular cross - access to meet the maximum block length requirement would significantly diminish the area to be reserved for these amenities. Please see the attached waiver request. The Director of Public Works is in support of these overlength streets but expressed a public safety concern as a long road may encourage speeding. Staff recommends traffic calming measures be discussed/considered during the civil plan review. Waiver for Cul-de-Sac length of 600 feet The applicant is requesting a waiver from the 600 foot maximum cul-de-sac length requirement in both Subsection 9.02.0281(p) of the Subdivision Regulations and Section 2.10 Dead End Streets, Cul-de-sacs and courts of the Anna Engineering Design Standards. Autumnwood Drive, south of Lake Hills Drive, is shown as being 690 feet from the furthest bulb to the intersection. Please see the attached waiver request. Neighborhood Entry and Interior Features Point System (Neighborhood Design) In 2019, the city adopted the Neighborhood Design Committee's recommended changes to the Subdivision Regulations including a Neighborhood Entry and Interior Features Point System. The intent of the point system is to ensure neighborhoods are provided with quality features and amenities. The Ordinance lacks a defined process for when the required point total should be reviewed. In most cases, when a developer submits a Preliminary Plat it shows the entire development whereas a Final Plat may only show one phase. Direction is needed on when the Planning and Zoning Commission would like for applicants to submit this information. Current staff was not part of the discussions on the Neighborhood Design Guidelines and want to ensure that we are implementing these as intended. RECOMMENDATION: Staff is in support of waiving the overlength street requirement and is looking for direction from the Planning & Zoning Commission to ensure the intent of the Neighborhood Design Guidelines are being met. ATTACHMENTS: Locator Exhibit Neighborhood Design Point Total Waiver for Overlength Streets Waiver for Cul-de-Sac Length Exhibits C-1 & C-2 from SIA Res. No. 2020-06-733 PELOTON III L A N D S O L U T 1 D N S August 26, 2020 City of Anna City Council City of Anna 3223 North Powell Parkway Anna, Texas 75409 Re: Preliminary Plat for Villages of Hurricane Creek — North Waiver Requests Council Members: CORPORATE OFFICE 9800 Hillwood Pkwy. Suite 250 Fort Worth, Texas, 76177 817.562.3350 TBPLS10177700 On behalf of the Developer, MM Anna 325, LLC, Peloton Land Solutions has submitted a Preliminary Plat for Villages of Hurricane Creek - North. The plat is expected to be heard at the September 1, 2020 Planning & Zoning Commission meeting. We are respectfully requesting this Preliminary Plat be approved with the following waiver: • Design Standards Section 2.7: Waive the maximum block length of 1,200 feet. This project will create two overlength blocks along Lake Hills Drive and North Shore Drive. These roads run across floodplain/SCS lake easement area, so the length cannot be reduced. In addition, these adjacent areas will become focal amenities, open space, and community areas; providing a vehicular cross -access through these would significantly diminish the area to be reserved for these amenities. We appreciate your consideration of this waiver request and approval of the Preliminary Plat. Sincerely, Peloton Land Solutions, Inc. 1 Marc Paquette, P.E. Project Manager/Associate Principal FORT WORTH I FRISCO I AUSTIN I LAS VEGAS PELOTONLAND.COM PELOTON III L A N D S O L U T 1 D N S August 26, 2020 City of Anna City Council City of Anna 3223 North Powell Parkway Anna, Texas 75409 Re: Preliminary Plat for Villages of Hurricane Creek — North Waiver Requests Mayor and Members of the City Council: CORPORATE OFFICE 9800 Hillwood Pkwy. Suite 250 Fort Worth, Texas, 76177 817.562.3350 TBPLS10177700 On behalf of the Developer, MM Anna 325, LLC, Peloton Land Solutions has submitted a Preliminary Plat for Villages of Hurricane Creek - North. The plat is expected to be heard at the September 1, 2020 Planning & Zoning Commission meeting. We are respectfully requesting this Preliminary Plat be approved with the following waiver: • Design Standards Section 2.10: Waive the maximum Cul-De-Sac length of 600 feet. This project creates one overlength Cul-De-Sac along Autumnwood Drive. This street and development area lies between Rosamond Parkway to the west, the existing overhead electric easement to the east and an environmentally sensitive area to the south. In order to provide a second point of connection, Autumnwood Drive would need to turn and connect to Rosamond. This would create an intersection very close to the Lake Hills Drive intersection and would not meet City spacing requirements. In addition, this connection would not follow Section 2.2 which states that the street arrangement should develop only a limited number of access points to arterial streets bordering the subdivision. We appreciate your consideration of this waiver request and approval of the Preliminary Plat. Sincerely, Peloton Land Solutions, Inc. f Marc Paquette, P.E. Project Manager/Associate Principal FORT WORTH 1 FRISCO I AUSTIN 1 LAS VEGAS PELOTONLAND.COM Neighborhood Entry and Interior Features Point System- 35 points total 20 points T-Intersection Additional green space Suggested Points Options 1/2 lot= 2 points 1 full lot= 4 points Notes/Comments Amenity Center (min 3,000 sq. ft)** 5 points Max 3 points with 1 point per additional 1,000 sq. ft. 5 pt. Max **Points for the amenity center may be counted for at the terminal vista or within the subdivision, but not both Round -a -bout with landscaping that matches the entry 2 points Water feature (Lit at night with a min of 15' wide and 8' tall) 3 points Gazebo 1 point Boulevard with enhanced landscaping with seasonal color 1 point Maintained by HOA Sculpture or other artistry (lit at night) Additional Water Feature up to 2 points Main Entry Options 1 point Significant floral focal point 2 points Maintained by HOA Any structure integrated as identification that exceeds 15' 3 points Modern art or sculptures 1 point Minimum height of 8 feet Landscaping in median for the divided entry 2 points Maintained by HOA For every 5' increase past the 15' landscape buffer 1 point 5 point Max Increased amount of large trees for curvilinear sidewalks 2 points Additional landscaping above and beyond the requirements 2 points Must be annual and increased quality *Additional upgrades per the discretion of the Planning Director Suggested Points Notes/Comments m��7Addition Secondary Divided secondary entry 1 point Roundabout at the secondary entrance 1 point and Maintenance of seasonal landscaping (HOA) 1 point Maintained by HOA and landscaping that matches the main entry & neighborhood landscaping Extended entry length (greater than 1/2 lot length) 1 point Minimum of 1/2 lot length. No additional points for additional length. Additional landscaping throughout the length of the extended drive 1 point Maintained by HOA and landscaping that matches the main entry & neighborhood landscaping Open space at the terminus 1/2 lot= 1 point 1 full lot= 2 points 2 point Max Interior•• .•- 15 points Internal Parking Spaces 2 points For 5 additional parking spots at major, neighborhood focal points Upgraded pools and amenity centers 2 points Per the discretion of the Planning & Development Director Splash Pad -Min of 3 fixtures per 1,000 sq. ft 3 points 1 point for every additional 1,000 sq. ft & 3 fixtures Maintained by HOA Dog Park- Min of 3 acres 8 points 1 point for every additional acre (5 acres max) Maintained by HOA Walking trail 2 points Min of 8 ft wide, 1 bench, & one trash can per 1,000 feet Trash to be maintained by HOA Additional bench & trash can in common areas 1 point To be maintained by HOA 3 points with 1 point per additional 1,000 sq. ft. 5 pt. Max Amenity Center (min 3,000 sq. ft)** **Points for the amenity center may be counted for at the terminal vista or within the 5 points Max subdivision, but not both i .' �J rr 1 I I fs r 1 ► ►_ r r dJ I ---�� ----- ----- --- --- 1 _ -- t ^[ J Ir 1 } r }' \L ► f I r1 rr L■�L•Irltti = ► I '• / r ! •a � r s r rrr .y t r',.' - - _ I L =�� ► r� f r r r! • J dp I L I r � t► i i r //Ji4r 1 I � - r S i i r� .�1■rr } r I + ! r r • \ ! `ter � t f S f • J I _ �- r l - r r f I f ►� • r f■r I c * t ► ►� �. r y 1 1 r r r 1 � ! f ► ! f 1 r I r �7.r� J f rr ► _ , 1 Y 1 J r ! ✓ r i<... I y ] ! r r } rr I 71 r ( r ! f► I I r r i i r J iqr t y 1 ! r`• .'r J it r 1 } - �Z •rrr � r ! t� ! �I � �: .1 J � r 1 w. •; - `y-�� r COMMUNITY 1J~` 'GARDENS,', r y AMENITY J r_4i mv, CENTER ± 2.5AC. ` BOTANICAL - r = , �:. GARDEN - ! I! ! r 1• • il � 4� r—r,�1 i,vl trT• s. . � i i `♦♦ r!r 1 L � r J � i! � w � it 1 �•� , � ,> D�:G =PARK _ _ . •, . 'Z9 J. 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'r 1 {, I rl ! 1, ! t�r �+ r ,r ! i! + If 11 1 75 PELOTON SHERLEY CONCEPT PLAN I�I�I LnHo soLuriON S GRAPHIC SCALE �o ANNA, TEXAS MARCH 26, 2020 it 1i11i PELOTON f I LAND SOLUTIONS EXHIBIT C-1 NOT TO SCALE PELOTON IILAND SDLUTIO NS EXHIBIT C-2 ANNA, TEXAS �i I / NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND MAY NOT NECESSARILY BE BUILTAS DEPICTED. TRAILS TO BE CONSTRUCTED IN PHASES CONCURRENT WITH ADJACENT RESIDENTIAL DEVELOPMENT. THE ULTIMATE LOCATION OF TRAILS SHALL BE DETERMINED DURING THE FINAL DESIGN PROCESS. THE CITY OF Anna AGENDA ITEM: Item No. 6.g. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Approve Ordinance authorizing the acceptance of credit cards and authorizing processing fees for the payment of fees, fines, court costs and other charges. SUMMARY: This Ordinance authorizes the City to accept credit card payments, collect fees for processing credit cards, and charge a service charge for credit cards not honored. The processing fees must be in an amount reasonably related to the expense incurred in processing credit card payments and cannot exceed 5%. If a payment by credit card is not honored, the City may charge an additional service charge in the same amount charged by the credit card processing company to the City. The intention of passing this ordinance is to allow staff to pass through the fees charged by the merchant processing company for processing credit card payments through the SMARTGOV system. The fees are 1.99% plus $.17 for credit cards and .55% plus $.10 for American Express. The service charge for when a credit card is rejected is $25. Based on the number of permits received each year, staff anticipates the processing fees to end up between $150,000 to $250,000, annually. By passing through the processing fees, the people who use credit cards to pay for permits are incurring the processing fees instead of the City. FINANCIAL IMPACT: There is no financial impact to passing this Ordinance. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve Ordinance authorizing the acceptance of credit cards and authorizing processing fees for the payment of fees, fines, court costs and other charges. ATTACHMENTS: Ordinance Relating to Processing Fees APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS FOR PAYMENT OF FEES, FINES, COURT COSTS AND OTHER CHARGES; PROVIDING FOR A PROCESSING FEE FOR CREDIT CARD PAYMENT OF FEES, FINES, COURT COSTS AND OTHER CHARGES; PROVIDING FOR A SERVICE CHARGE IF PAYMENT BY CREDIT CARD IS NOT HONORED; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas is a home -rule municipality duly established under the laws of the State of Texas; and WHEREAS, generally, Chapter 132 of the Texas Local Government Code authorizes the governing body of a municipality to authorize a municipal official who collects, fees, fines, court costs and other charges to accept payment by credit card and further authorizes the collection of a processing fee for use of a credit card and the collection of a service charge if a credit card is not honored by the credit card company; and WHEREAS, more specifically as it relates to authorizing the processing fee, Chapter 132, Section 132.002(b) of the Texas Local Government Code authorizes the governing body of a municipality to authorize a municipal official who collects fees, fines, court costs or other charges to accept payment by credit card and to collect a fee for processing the payment by credit card; and WHEREAS, more specifically as it relates to the processing fee amount, Chapter 132, Section 132.003(b) of the Texas Local Government Code authorizes a municipality to set a processing fee in an amount that is reasonably related to the expense incurred by the municipality in processing the payment by credit card. However, the governing body may not set the processing fee in an amount that exceeds five percent (5%) of the amount of the fee, fine, court cost, or other charge being paid; and WHEREAS, more specifically as it relates to a service charge fee for credit card not honored, Chapter 132, Section 132.004 of the Texas Local Government Code states that if, for any reason, a credit card payment is not honored by the credit card company on which the funds are drawn, the municipality may collect a service charge from the person who owes the fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court cost or other charge and is for the collection of the original amount. The service charge fee is the same amount as a fee charged for the collection of a check drawn on an account with insufficient funds; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has determined that acceptance of credit cards is beneficial to the City and its citizens' public convenience and should be authorized; and CITY OF ANNA, TEXAS ORD. NO. Page 1 of 3 WHEREAS, the City Council recognizes that the City incurs additional expenses to accept credit card payments and shall set the processing fee in an amount that is reasonably related to the expenses incurred; and WHEREAS, the City Council wants to authorize a credit card processing fee for all municipal fees, fines, court costs, or other charges; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. Section 2. The Anna City Code of Ordinances is hereby amended by adding a new Section A4.019 to the Appendix A FEE SCHEDULE to read as follows: Sec. A4.019 Use of Credit Cards for Payment Due to the City. La I Credit card use authorized. Each official employed by the City of Anna who, as part of that employment, collects fees, fines, court costs, or other charges from members of the public that are due to the City is authorized to accept credit cards as payment for such fees, fines, court costs, and other charges. M Amount of processing fee. Foreach municipal fee, fine, court cost, or other charge that is paid by credit card, a processing fee in an amount being reasonably related to the expense incurred in processing the credit card payment, not to exceed five percent (5%) of the amount of the fee, fine, court cost, or other charge shall be added, as authorized by Section 132.003(b), Texas Local Government Code. Lc) Service charge. If for any reason a payment by credit card is not honored by the company on which the funds are drawn, the officer shall collect from the member of the public who attempted to pay by credit card an additional service charge in the same amount charged under section A6.011 for a check that is returned to the citv or not honored by the financial institution on which it is drawn for anv reason. Encumbrance of credit cards. The City may contract with a company that issues credit cards to collect and seize credit cards issued by the company that are outdated or CITY OF ANNA, TEXAS ORD. NO. Page 2 of 3 otherwise unauthorized. The city may charge the company a fee for the return of the credit cards. Le I Disposition of fees and charges. The city official collecting a fee or charge under this section shall deposit the fee or charae in the aeneral fund of the citv. Section 3. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and it any phrase, clause, sentence, paragraph or section of this ordinance should be declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrases, clause, sentence, paragraph or section. Section 4. Effective Date. This ordinance shall become effective and shall be in full force and effect on and after its passage and publication as required by state law. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 8th day of September, 2020. ATTESTED: City Secretary Carrie L. Land APPROVED: Mayor Nate Pike CITY OF ANNA, TEXAS ORD. NO. Page 3 of 3 THE CITY OF Anna AGENDA ITEM: Item No. 6.h. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Marc Marchand Approve a Resolution approving a Merchant Processing Agreement between the City of Anna and Express Merchant Processing Solutions, a division of First Data Merchant Services LLC. (Neighborhood Services Director Marc Marchand) SUMMARY: This Resolution authorizes the City Manager to enter into a Merchant Processing Agreement with Express Merchant Processing Solutions, a division of First Data Merchant Services LLC, also known as Payeezy. Over the past several months, staff has been in the process of implementing SMARTGOV software for the purpose of providing online permitting. Staff is nearing the end of the implementation process and anticipates going live very soon. One of the remaining items left to complete is the merchant connector piece. A merchant is needed to connect on the back -end with SMARTGOV to provide electronic payment processing services through the system. Staff reviewed three merchant processing companies and recommends Express Merchant Processing Solutions, a division of First Data Merchant Services LLC. The fees for Express Merchant Processing are the lowest of the three companies. There is, also, no additional charge for Dude Solutions to perform the configuration for the connection with SMARTGOV since the connection already exists due to the large number of cities that use both Express Merchant Processing Solutions and SMARTGOV. The processing fees for Express Merchant Processing are listed below: Qualified Credit 1.99% + $0.17 Qualified Signature and PINless Debit 1.99% + $0.17 Non -Qualification Surcharge 1.99% Rewards Card Surcharge 1.99% American Express OptBlue .55% + $0.10 The miscellaneous fees for Express Merchant Procesing are charged only when applicable. They are listed below: ACH Reject Fee $25.00 AVS $0.10 Monthly Account Minimum Fee $25.00 Batch Settlement Fee $0.39 Master Card/Visa/Discover Network $0.034 Access Fee Non -Receipt of PCI Validation $19.95 Chargeback Fee $25.00 Annual Maintenance Fee $79.00 Staff recommends that the processing and miscellaneous fees be passed onto the applicant. An Ordinance to allow the pass through fees is being brought to the City Council for consideration. In addition to the processing and miscellaneous fees, the City will be responsible for the following fees: • Equipment purchase fee of $99. • A monthly clover security plus fee of $9.95. • A payeezy monthly fee of $9.95 and payeezy authorization fee of $0.05. Staff anticipates needing two machines for a one-time cost of $198. The monthly fees equal $19.90 a month or $238.80 a year plus the $0.05 payeezy authorization fee. These fees are standard across the industry. Approving the Merchant Processing Agreement will allow staff to complete the merchant connector piece of the SMARTGOV implementation process, finish the project and go live with the new software and online permitting portal. FINANCIAL IMPACT: There is a one-time cost for equipment of $198 and a monthly cost for services equal to $238.80 a year plus $0.05 payeezy authorization fee per transaction. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City 6'1r_1a0:7xd9]iyiI►yi14kiIIT-AIIf] 01 Approve the Resolution authorizing a Merchant Processing Agreement between the City of Anna and Express Merchant Processing Solutions, a division of First Data Merchant Services LLC. ATTACHMENTS: 1. Resolution Merchant Processing Agreement 2. Merchant Processing Agreement First Data APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A STATEMENT OF WORK AND SUBSCRIPTION AGREEMENT WITH EXPRESS MERCHANT PROCESSING SOLUTIONS, A DIVISION OF FIRST DATA MERCHANT SERVICES LLC, FOR THE PROCESSING OF ELECTRONIC PAYMENTS. WHEREAS, the City of Anna has been in the process of implementing SMARTGOV software to provide professional services for Planning & Zoning, Building Inspections, Code Compliance, Public Works and Parks; and WHEREAS, the SMARTGOV software has several components including an online citizen portal, electronic payments, mobile inspections, project tracking, built-in reports and GIS Mapping; and WHEREAS, in order to process electronic payments through SMARTGOV, a merchant connector is needed; and WHEREAS, after reviewing several merchant processing companies, staff recommends the merchant connector be Express Merchant Processing Solutions; and WHEREAS, Express Merchant Processing Solutions has the lowest processing fees of all the merchant processing companies reviewed, and WHEREAS, it is necessary to provide effective, efficient, and convenient electronic payments for Anna Neighbors; and WHEREAS, the City Council desires to authorize the City Manager to execute the Merchant Processing Agreement with Express Merchant Processing Solutions, a Division of First Data Merchant Services LLC for the processing of electronic payments; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. The City Council hereby approves the Merchant Processing Agreement with Express Merchant Processing Solutions, A Division of First Data Merchant Services LLC and authorizes, ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of September 2020. APPROVE: Mayor Nate Pike ATTEST: Carrie Land, City Secretary 8/19/2020 First Data Merchant Processing Agreement Please review the information below and sign where required. ❑ 1. Business Information Legal Business Name CITY OF ANNA Tax Filing Name CITY OF ANNA DBA/Outlet Name CITY OF ANNA ONLINE TIN Type FEIN (Fed Tax ID #) Fed Tax ID # FXXXXX0420 Foreign Entity/Nonresident Alien FPENDING Business Address 111 N POWELL PARKWAY City Anna State FTX ZIP F 5409 Business Phone F9729243325 Contact First & Last Name FSHEILA ALEXANDER First Data.. Express Contact Email Address salexander@annatexas.gov Business Website URL [WWW- ANNATEXAS.GOV State Organized TX Mo/Yr The Business Started 01-1913 Organization Type [Government Method of Receiving Notice of Chargebacks and Retrievals Mail Product/service fulfillment Direct Third party to store, process or transmit cardholder data NO Software used for storing, transmitting, or processing card transactions or authorization requests N/A https://sales.firstdata.com/#/signup/terms/qBEe2/bbMyx 1 /25 8/19/2020 C 2. Owner Information First Data Owner 1/Principal Owner/Partner/Officer Name JIM PROCE D.O.B FXX-XX-1 920 Social Security Number FXXXXX0420 Ownership % F90% Title [CITY MANAGER L 3. Locations Location 1 DBA/Outlet Name CITY OF ANNA ONLINE Business Address 111 N POWELL PARKWAY City [Anna State FTX ZIP F 5409 Products/Services you sell [Govt Services and Permits Time frame from transaction to delivery Home Address 111 N Powell Parkway City Anna State TX ZIP 75409 Home Phone 9729243325 Email jproce@annatexas.gov https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 2/25 8/19/2020 First Data 0-7 days 100% 8-14 days Fo % 15-30 days FO % 31+ days Fo % Financial Data TOTAL ANNUAL VOLUME Average Sale Amount Credit Card Volume Processing Rates & Fees $450.00 $250,000.00 TRANSACTION TYPE Card Present 0% Internet 95% Mail Order / Direct Marketing / 5% Phone Order SWIPED VS. KEYED Swiped 0% Keyed 100% The discount rates (the percentage rates reflected below) for your credit, signature, and PlNless debit transactions are charged on the gross sales transactions that you submit (without reduction for returns or chargebacks) and are contingent on your transactions qualifying for a particular interchange level based on the criteria described in the Interchange Rate Schedule. If any transaction that you submit does not qualify for your anticipated interchange level and results in a higher interchange cost to us, then, in addition to the rates above, you will also be charged (a) the difference in interchange rates, plus (b) either the Rewards Card Surcharge (if the downgrade is solely due to a rewards card being presented) or the non -qualification surcharge (if the downgrade occurs for any other reason). The transaction fee (the fixed charge per ransaction reTiectea oeiow) wui oe cnaraea on aii transactions tnat you submit Tor autnorization as weir as retunas. DISCOUNT RATE + TRANSACTION FEE Qualified Credit 1.99% + $0.17 Qualified Signature and PlNless Debit Non -Qualification Surcharge 1.99% + $0.17 1.99% Rewards Card Surcharge https://sales.firstdata.com/#/signup/terms/qBEe2/bbMyx 1.99% 3/25 8/19/2020 American Express (Interchange Plus) First Data DISCOUNT RATE + TRANSACTION FEE American Express OptBlue® 0.55% + $0.10 Interchange Rates are variable and are determined by how your transactions clear. Please see your Interchange Rate Schedule, Interchange Qualification Matrix and American Express OptBlue® Guide for Interchange Rates & Dues/Assessments and qualification criteria as of the date of this Application. The Interchange Rates and Dues/Assessments are subject to change. American Express OptBlue® has Program Pricing which is not Interchange and which is subject to change. Banking & Funding Information ABA # XXXXX6326 DDA # XXXXX2019 Equipment Details Deduct Fees Monthly Bank Will Fund Outlet MODEL CODE AND UNIT PRICE QTY PURCHASE EQUIPMENT INDUSTRY TYPE NAME W/O TAX AND TYPE TYPE S&H Payeezy Hosted 99.00 1❑ Purchased INET ECOMMERCE Checkout (Ecomm) See Equipment Lease Agreement for the Terms and Conditions governing your Leased equipment. Shipping & Handling F$0.00 Enable EMV NO F1 4. Payments Accepted American Express (OptBlue) Mastercard/Visa Discover Card (Discover Network Full Processing) https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 4/25 8/19/2020 ❑ 5. Fee Schedule First Data In addition to the fees described in this Fee Schedule, you must pay us all Card Organization Charges, which include but are not limited to all fees, charges, liabilities, or obligations that a Card Organization imposes on us (1) in connection with your acceptance of its payment types, (2) in connection with the transactions processed under your MID, (3) as a result of your acts or omissions, or (4) as a result of the acts or omissions of others that act on your behalf or that provide services to you. Card Organization Charges are not subject to the consequential damages exclusion of your agreement, and include but are not limited to interchange; assessments (including but not limited to dues, issuer reimbursements, fines, penalties, and fraud recovery losses); fees established by the Card Organizations (including but not limited to access fees, switch fees, and file fees); adjustments; and Chargebacks. See the Interchange Qualification Matrix, Card Organization Pass - Through Fee Schedule, and American Express OptBlue Guide, available at www.businesstrack.com. MISCELLANEOUS FEES (IF APPLICABLE) ACH Reject Fee $25.00 AVS Monthly Account Minimum Fee $25.00 Batch Settlement Fee MasterCard/Visa/Discover $0.034 Network Access Fee Non -receipt of PCI Validation $19.95 Chargeback Fee $25.00 Annual Maintenance Fee $79.00 MONTHLY PRODUCT FEES Clover Security Plus Fee $9.95 Transarmor Monthly Fee $0.00 START-UP FEES Application Fee $0.00 Equipment Purchase $99.00 Total Amount $99.00 Without tax. GLOBAL FEE Global Fee Id ECOMMERCE/WIRELESS SOLUTIONS Payeezy Monthly Fee $9.95 Payeezy Authorization Fee $0.05 * You may be charged, if applicable, additional Card/Payments Organization pass through fees and costs for your transactions as described in the Interchange Qualification Matrix and American Express OptBlue® Guide available at www.businesstrack.com. ❑ 6.Agreement Approval On behalf of myself as an individual, and the entity on whose behalf I am signing, (A) I authorize [Servicers], the applicable Card Organizations, and its and their Affiliates, third party subcontractors and/or agents: (i) to use, disclose, and exchange amongst them, the information in the Agreement and information about me personally, (including by requesting, personal and business consumer reports, bank references, and other information as necessary from time to time), for marketing and administrative purposes, verification purposes, purposes under the Merchant Processing Application https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 5/25 8/19/2020 First Data and Agreement (MPA), It approved, ana any otner uses permitted oy law; (II) to Inform me alrectly about the contents of requested consumer reports (including the name and address of the agency furnishing the report), and (ii) to receive any and all personal and business credit financial information from all references, including banks and consumer reporting agencies, which are hereby released to provide that information; and (B) I certify that: (i) The federal taxpayer identification number and corresponding filing name provided herein are correct; (ii) The statements made and agreed to in this MPA, to which I have not made any alterations or stricken out any language, are true, complete and accurate, and may be relied upon as current unless changed or updated per the Notice provisions of Agreement; (iii) I can read and understand the English language; (iv) I have received and read a copy of the (a) Merchant Processing Application, (b) General Terms and Conditions, (c) Confirmation Page, and (d) Interchange Rate Schedule. I understand that the Interchange Qualification Matrix and American Express OptBlue® Guide and Your Payments Acceptance Guide are available at www.businesstrack.com and the signature below is for the entire contents of the listed documents; v) I have authority to bind the entity on whose behalf I am signing below; further acknowledge and agree that I will not use my merchant account and/or the Services for illegal transactions, for example, those prohibited by the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et. Seq., as may be amended from time to time or for processing and acceptance of transactions in certain jurisdictions pursuant to 31 CFR Part 500 et. seq. and other laws enforced by the Office of Foreign Assets Control (OFAC). NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT. Merchant Business Principal: IIMFI HEFIE ❑ 7.General Terms & Conditions General Terms & Conditions 1 Your Agreement With Us 1.1 This Merchant Processing Agreement (Agreement) is between the business identified in Section 1 and the Processor and Bank each identified in Section 8. This Agreement consists of all information presented or referenced on this webpage (consisting of all of Sections 1 through 8), the Interchange Rate Schedule, the Your Payments Acceptance Guide, and the Card Organization Rules. This Agreement covers payment acceptance and related services (collectively, the Services). 1.2 You agree to comply with the Your Payments Acceptance Guide and the Card Organization Rules relevant to you, as they may change over time. The current Your Payments Acceptance Guide is available at www.businesstrack.com. 1.3 If there are any inconsistencies between the General Terms and the Your Payments Acceptance Guide, or the Card Organization Rules, the General Terms will govern. 1.4 You may not alter this Agreement. 2 Services and Non -Bank Services 2.1 Your Application will identify the Services you will receive. Certain Services referred to in this Agreement may not be available to you. Certain Services may require additional terms. 2.2 Subject to Card Organization Rules, Services may be performed by us, our Affiliates, our agents, or other third parties we may designate. References to "we", 'bur", and "us" shall be deemed to be references to Bank and Processor except for the purposes of Sections 2.1, 2.3, 2.4, 4.7, 6.9, 11.2, 11.5, 11.6, 11.7, 13.1, 21, 25, 33 https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 6/25 8/19/2020 First Data and 37. Bank shall not be a party to the aforementioned Sections nor shall Bank have any responsibility or liability pursuant to such Sections. Third Party Services, including any apps available in an application marketplace, or voice, or data services you purchase directly from a third party provider, are not governed by this Agreement and we are not responsible for providing, maintaining, servicing or supporting such services. If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with Third Party Services. Any third party content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk. We will not be responsible for any actions or any failures to act of any third party, and we expressly disclaim any liability related to all Third Party Services. We do not warrant, endorse, guarantee, or assume responsibility for any third party service or product, advertised or offered, through the Services or any hyperlinked website or service, or featured in any banner or other advertising, and we will not be a party to or in any way monitor any transaction between you and providers of Third Party Services or products. 2.3 If you do not qualify for our full service program but have otherwise been approved for accepting American Express or WEX, your American Express and WEX transactions will be processed through and funded by American Express or WEX (as applicable). American Express and WEX will provide you their own agreements governing those transactions. You agree that (a) we are not responsible and assume no liability for any such transactions; and (b) American Express and WEX may charge additional fees for the services they provide. 2.4 Rather than accepting all categories of Cards, you have the option to elect to accept only certain categories of Cards (Limited Acceptance). If you wish to elect Limited Acceptance, you must complete the Limited Acceptance Form and agree to be bound by the additional terms and conditions set out in that document. 3 Access and Use of Services 3.1 Except as specified in the Your Payments Acceptance Guide, or otherwise agreed in writing, the Services shall be for your internal business use in the United States only. 3.2 You shall not and shall not permit any third party to: (a) access or attempt to access any Service that is not intended to be available to you; (b) access or use (in any format) the Services (or any part) through any time- sharing service, service bureau, network, consortium, or other means; (c) without our advanced written consent, use, ship or access Services (or any part) outside or from outside of the United States; (d) perform or attempt to perform any actions that would interfere with the proper working of any Service, prevent access to or use of any Service by other users, or in our reasonable judgment, impose a large load on our infrastructure, network capability, or bandwidth; or (e) use the Services (or any part) except as permitted in this Agreement. 3.3 You may use the eligible TransArmor services and portals only to scan IP addresses, URLs, and domain names owned by and registered to you. 3.4 We have the right to rely on user names, password, and other sign on credentials/access controls for the Services or any Software provided or approved by us to authenticate access to, and use of, the Services and any Software. 4 Settlement 4.1 As part of the Services, we will process Transaction Data received from you and facilitate the transfer of funds for your Card sales to your Settlement Account. 4.2 We may debit your Settlement Account for any amounts owed to us, including any amounts paid to you in error. We may also offset any amounts owed to us or our Affiliates related to activity in other accounts maintained in your name or which you, any of your principals, guarantors, or authorized signors guarantee. 4.3 You are responsible for providing us with accurate information regarding your Settlement Account. If you change the Settlement Account in which you receive the proceeds of your transactions, you must notify us immediately. If you accept payment types other than Visa, Mastercard, American Express, Discover Network and PayPal, such as TeleCheck Services, you are also responsible for contacting the Card Organizations or companies governing those Cards, or payment types, to notify them of this change. We shall not be liable for delays in receipt of funds, or errors in debit and credit entries caused by you or any other Person, including any delays or errors resulting from errors in Settlement Account information you provide. 4.4 If a Default occurs, you agree we may without notice change processing or payment terms and/or suspend credits or other payments of any amounts due, or which become due to you. 4.5 Your right to receive any amounts due, or to become due, from us is expressly subject and subordinate to Chargeback, setoff, lien, security interest, and our rights to withhold settlement funds under this Agreement without regard to whether such Chargeback, setoff, lien, security interest and the withholding of settlement fund rights are being applied to claims that are liquidated, unliquidated, fixed, contingent, matured, or unmatured. 4.6 If you undertake Global ePricing (GeP) Transactions, you acknowledge that: (a) settlement by us of GeP Transactions shall be made in the Local Currency on the basis of the Transaction Price of the GeP Sales Transaction under the process defined by the Card Organizations; (b) you shall be subject to any and all Foreign currency exchange rate exposure in connection with all GeP Transactions; and (c) you are solely responsible for all aspects of the GeP Transaction (other than the performance of GeP Services), including obtaining the Cardholder's agreement to a GeP Transaction, and complying with all Card Organization Rules applicable to you. Dynamic Currency Conversion as defined by Card Organization Rules is not permitted nor provided as part of the GeP Services. 4.7 If you accept Alipay, you non -exclusively appoint First Data Merchant Services LLC (FDMS) as your agent solely for the limited purpose of receiving settlement funds from Alipay on your behalf for the transactions https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 7/25 8/19/2020 First Data submitted from your participating locations. You acknowledge that payment of settlement funds to FDMS by Alipay constitutes full and final settlement of such amounts payable to you by Alipay. Alipay is provided to you by Processor and not Bank. 5 Exclusivity 5.1 You will use us as your exclusive provider of all Services during the Term of this Agreement. 6 Fees; Adjustment; Collection of Amounts Due 6.1 You will be charged, and agree to pay us, all fees set out on your Fee Schedule or elsewhere in this Agreement. 6.2 The fees specified on your Fee Schedule are based on the assumption that your transactions will qualify at the Anticipated Interchange and Program Pricing Levels associated with your account. If a transaction fails to qualify at the Anticipated Interchange Program Pricing Levels, you will be charged a Non -Qualified Fee, plus a Non -Qualified Surcharge for each such non -qualifying transaction. 6.3 If you accept a Card or transaction other than the type anticipated for your account, we will charge you our then -current transaction fee(s) for the Card or transaction and you will be responsible for the transaction to the same extent as you would be if it were of a Card or transaction type elected and approved. If your fees are not paid through our automatic debiting process, and we are required to pursue collection efforts, you will reimburse us for our costs in an amount of not less than $100. 6.4 The fees specified on your Fee Schedule are based on (a) estimated annual volume and average transaction size for all Services provided under this Agreement; and (b) your method of doing business. If the actual volume or average transaction size are not as expected, or if you significantly alter your method of doing business, we may adjust our fees without prior notice to you. It is your responsibility to notify us of any such changes to your business. 6.5 We may adjust our fees to reflect new or increased fees, taxes or assessments imposed by any Card Organization or other Persons related to the Services. It is your responsibility to pay all such adjusted fees effective from the date specified in our notice to you. 6.6 Any Account Minimum Fee set out in your Application will be charged monthly (beginning in the calendar month after your Application is approved) for each location and will be calculated as the Account Minimum Fee set forth in your Application less the "Discount Fees" and "Other Payment Fees" that you incur for that month and location. The Account Minimum Fee shall never be less than zero. 6.7 An Equipment rental fee will be charged each month for each piece of Equipment rented from us, plus tax as applicable. You will also be charged for shipping and supplies. 6.8 An Authorization fee will be charged for each Authorization requested, whether the response is approved or declined. If you are being charged a combined fee for both Authorization and Capture we may charge this fee on the communication of all instructions that you transmit to us from your point of sale (POS) Device or other systems to our systems, whether the communications are for Authorization requests or any other capture of information, whether or not related to any individual transaction. 6.9 A fee will be charged for each Address Verification Service (AVS) request submitted, whether or not we are able to provide a response to the request. 6.10 Clients opting out of Clover Security Plus will be charged a Compliance Fee. The Compliance Fee covers our costs for systems maintenance and upgrades, mandatory IRS reporting, as well as costs associated with our required tracking and reporting of your PCI compliance. We will provide a monthly vulnerability "scan," if required, of up to 5 IP addresses. Additional required scans are your responsibility. Payment of the Compliance Fee does not discharge your responsibility to maintain PCI DSS compliance at all times. 6.11 You will be charged a monthly Non -Receipt of PCI Validation fee unless, within 60 days from the date this Agreement is submitted with your signature and on an annual basis after that: (a) you obtain any quarterly or other periodic PCI-approved vulnerability scans that the Card Organization Rules require you to obtain (for example, if you accept internet transactions); (b) you remediate vulnerabilities identified by your scans in ways that enable you to comply with the Card Organization Rules and applicable standards (including the PCI DSS); and (c) you confirm that you are following certain data security protocols by (i) completing an online self -assessment questionnaire (SAQ), which we will make available to you, regarding your systems and payments acceptance practices, or (ii) using PCI-approved methods, providing us with other written evidence of your PCI DSS compliance. If you materially change the systems you use to accept payments and you wish to avoid paying the monthly Non - Receipt of PCI Validation fee, you will need to promptly complete a new SAQ or (using PCI-approved methods) promptly provide us with other written evidence of your PCI DSS compliance. 6.12 If you believe any adjustments should be made to your Settlement Account, you must notify us in writing within 60 days after any debit or credit is, or should have been, effected. If you notify us after 60 days, you agree we have no obligation to investigate or effect any adjustments. Any voluntary efforts by us to assist you in investigating such matters do not obligate us to continue such investigation or to conduct any future investigation. 7 Electronic Funding Authorization https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 8/25 8/19/2020 First Data 7.1 All payments to you shall be made through the Automated Clearing House system (ACH) and shall normally be electronically transmitted directly to the Settlement Account you have designated or any successor account designated to receive provisional funding of your transactions pursuant to this Agreement. You agree that any Settlement Account designated by you will be an account primarily used for business purposes. We cannot guarantee the timeframe in which payment may be credited by your financial institution. 7.2 You agree to be bound by the operating rules of the ACH and you authorize us to (a) access information from the Settlement Account; (b) initiate credit and/or debit entries by wire or ACH transfer; (c) instruct your financial institution to (i) block or to initiate, if necessary, reversing entries and adjustments for any original entries made to the Settlement Account; and (ii) provide such access and to credit and/or debit, or to block the Settlement Account. 7.3 If we cannot process an ACH payment, we may (a) charge you the applicable fee set out in the Fee Schedule; and (b) suspend all subsequent funding until a new electronic funding agreement is signed by you, or you notify us that ACH payments can be processed. 8 Chargebacks, Fines, and Penalties 8.1 Cardholders and Issuers are authorized by Card Organization Rules and by law to reverse and Chargeback transactions that you submit to us. Further details are set out in the Your Payments Acceptance Guide and in the Card Organization Rules. 8.2 You are obligated to reimburse us (and authorize us to debit your Settlement Account) for (a) all refunds, credits, Chargebacks, and adjustments relating to transactions that you submit for processing; and (b) any fees, fines, assessments, obligations or other charges a Card Organization imposes on us in relation to your acts or omissions, or the acts or omissions of your agents or those acting on your behalf. 8.3 Refunds, credits, returns, and Chargebacks for GeP Transactions shall be treated as independent transactions with a Transaction Rate as determined by the Card Organization. 9 Your Representations and Warranties 9.1 By submitting a transaction to us, you represent and warrant that the transaction: (a) is genuine and arises from a genuine sale or service that you directly sold or provided as described on your Application. (The submission of Authorization requests and/or Card transaction by you for Card sales or cash advances transacted by another business is considered laundering or factoring and is prohibited); (b) represents the correct amount of the goods or services purchased by the Cardholder from your business as identified on your Application; (c) is not subject to any dispute, set-off, or counterclaim; (d) to your knowledge, is not the result of fraud and has been authorized by the Cardholder; (e) does not violate the law of any applicable jurisdiction, including the jurisdiction where you are located, where the Cardholder is located, or where we are located; (f) except for any delayed delivery or advance deposit Card transactions expressly authorized under this Agreement, includes your simultaneous delivery of the goods or services to the Cardholder; and (g) complies with this Agreement and Card Organization Rules. 9.2 You further represent and warrant, as of the date of this Agreement and at the time of submission of each transaction, that: (a) you are validly existing, in good standing and free to enter into this Agreement; (b) you have not changed the nature of your business or practices in a way not previously disclosed to us; (c) each statement made on the Application or other information provided to us in support of this Agreement is true, accurate and complete, and you have maintained and updated this information to keep it true, accurate, current and complete; (d) you have not filed a bankruptcy petition not previously disclosed to us; (e) you will not process any credit transactions that do not correspond to a previous transaction on the original sales draft; (f) you will not at any time during the Term of this Agreement, or until all amounts have been paid in full under this Agreement, grant or pledge any security interest or lien of any type in any Reserve Account, Settlement Account or in any of the transaction proceeds to any Person without our consent; and (g) where you provide FNS, SNAP or WIC Benefits (as described in the Your Payments Acceptance Guide), you are an FNS authorized merchant and are not disqualified or withdrawn from redeeming food stamp coupons or otherwise disqualified or withdrawn by FNS. 10 Limitations of Liability; Exclusion of Consequential Damages 10.1 This Agreement is a service agreement. Use of the Services, Software, or any Equipment (including any Services, Software, or Equipment provided by or through a third party) is at your own risk and to the maximum extent permitted by applicable law, the Services, Equipment, and any Software is provided "as is" and we disclaim all representations or warranties, express or implied, made to you or any other person, including any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or that Services, Equipment, or any Software will operate uninterrupted or error free or that the https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 9/25 8/19/2020 First Data Services, Equipment, or Software are secure, free of viruses or other harmful components, or do not infringe the rights of any person. 10.2 In no event shall we or our Affiliates or any of our or their respective directors, officers, employees, agents or subcontractors, be liable under any theory of tort, contract, strict liability or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by agreement of the parties, regardless of whether such damages were foreseeable or whether any person has been advised of the possibility of such damages. 10.3 Notwithstanding anything in this Agreement to the contrary (including Section 26): (a) Our cumulative liability for all losses, claims, suits, controversies, breaches, or damages for any cause whatsoever (including those arising out of or related to this Agreement and any indemnities), regardless of the form of action or legal theory, shall not exceed, (i) $50,000; or (ii) the amount of fees received by us under this Agreement for Services performed in the immediately preceding 12 months, whichever is less; (b) Any liability that we may have to you for any delay in funding transactions will be limited to interest computed from the date that you submit the transaction to the date that we fund the transaction at the rate of the federal funds as set by the federal reserve bank of New York, New York, less 1%; and (c) Our liability arising out of or in any way connected with any Equipment or Software shall not exceed the purchase price or prior 12 month's rent or fees, as applicable, paid to us for the particular Equipment or Software involved. 11 Communicating with Customers Through the Services 11.1 You shall provide and obtain any disclosures and consents related to the E-SIGN Act that may be required in connection with your communications and agreements with your customers through the Services. 11.2 If you are able to discern any information about a particular entity or individual from the information available through Main Street Insights or any other Service, either alone or with other information in your possession, you agree that the information may be subject to certain privacy, marketing, insider trading, or other applicable laws and you shall limit your use and disclosure of that information in accordance with all applicable laws. 11.3 With respect to each customer who desires to receive marketing material, transaction receipts, or other communications from you via text message or email, such customer must give the appropriate consent in writing; you are NOT permitted to add or modify a customer's consent indication on behalf of the customer. 11.4 You (or your agents acting on your behalf) shall only send marketing materials or other communications to a customer's provided phone number, street address, and/or email address if the customer has specifically consented in writing executed by the customer. 11.5 If you offer any loyalty program to customers through the Services or otherwise, you are solely responsible for any and all offerings made available to customers in connection with your loyalty program (each, an Offer). The Offer and all of the related information, including branding (trademarks and logos) and images (collectively, the Content) are provided and determined by you. You are solely responsible for ensuring the accuracy of the Offer and Content. 11.6 By providing Content to us as part of our Services, you grant us the right and license to use, modify (e.g. for formatting and display purposes), publicly perform, publicly display, reproduce, and distribute such Content on and through the Services, including any Software we make available to you. This license includes the right for us to make Content available to other users who may access and use your Content. 11.7 You are solely responsible for (a) fulfilling the terms of your Offers and determining the criteria for your customers to earn and redeem perks, rewards, stamps, credits or incentives (Rewards); and (b) honoring Rewards for eligible customers who earn those Rewards and you agree not to withdraw or terminate any Offer after it has been made publicly available to your customers without offering a reasonable alternative method for customers to redeem any Rewards related to the Offer. 11.8 You are solely liable for, and we shall have no liability in relation to, any costs or expenses (including refunds) associated with your Offers or Rewards or your failure to issue, accept, fulfill or redeem any Rewards. 12 Confidentiality 12.1 You shall safeguard all confidential information we supply or otherwise make accessible to you (including the terms of this Agreement) using a reasonable degree of care. You shall only use our confidential information for the purposes of this Agreement and shall not disclose our confidential information to any person, except as we may agree in advance and in writing. At our request, you shall return to us or destroy all of our confidential information in your possession or control. 12.2 You agree that breach of the restrictions on use or disclosure of our confidential information would result in immediate and irreparable harm to us, and money damages would be inadequate to compensate for that harm. We shall be entitled to equitable relief, in addition to all other available remedies, to redress any breach. 12.3 You may submit comments or ideas about our Services, including about how to improve our Services. By submitting any idea, you agree that: (a) we expressly disclaim any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non -confidential; and (c) we are free to use and disclose any idea on an unrestricted basis without notifying or compensating you. You release us from all liability and obligations that may arise from our receipt, review, use or disclosure of any portion of any idea. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 10/25 8/19/2020 First Data 13 Use of Data 13.1 You agree we may use Transaction Data for the purpose of providing additional products and services to you, other merchants, or third parties. This includes using Cardholder Information, dates, transaction details, and other Transaction Data to provide you with analytics products and services as well as collecting and using Transaction Data aggregated with other merchants' Transaction Data to provide you, other merchants, and third parties with analytic products and services. 13.2 In the course of providing Services, we may collect information relating to activities on your network, including network configuration, TCP/IP packet headers and contents, log files, malicious codes, and Trojan horses. We retain the right to use this information or aggregations of this information, in addition to the Transaction Data described above, for any reasonable purpose. 13.3 You agree that we may obtain relevant information from any applicable telecommunications provider you utilize, as necessary to investigate any allegation of fraud, suspected fraud or other actual or alleged wrongful act by you in connection with the Services. 14 Intellectual Property Rights 14.1 All right, title, and interest in and to all confidential information and intellectual property related to the Services (including the Marks, all Software, the content of any materials, web screens, layouts, processing techniques, procedures, algorithms, and methods and any updates, changes, alterations, or modifications to or derivative works from such intellectual property), owned, developed, or licensed by us prior to, during the Term of, or after this Agreement, or employed by us in connection with the Services, shall be and remain, as among the parties, our or our Affiliates', our vendors', or our licensors' (as applicable) sole and exclusive property and all right, title, and interest associated with the Services, Equipment, and Software not expressly granted by us in this Agreement are deemed withheld. You may not use our Marks in any manner, including in any advertisements, displays, or press releases, without our prior written consent. 14.2 You may not, nor may you permit any third party to do any of the following: (a) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms of the Service (or any part), Software, or Equipment, except to the extent that such restriction is expressly prohibited by law; (b) modify, translate, or alter in any manner, the Service (or any part), Software, Equipment, or the Marks; (c) create derivative works of or based on the Service (or any part), Software, or the Marks; (d) except for backup and archival purposes, directly or indirectly copy the Service (or any part) or any Software; (e) republish, upload, post, transmit, disclose, or distribute (in any format) the Service (or any part) or Software except as permitted in this Agreement; or (f) remove, relocate, or otherwise alter any proprietary rights notices from the Service (or any part), Software, or documentation or the Marks. 14.3 If we provide you with copies of or access to any Software or documentation, unless otherwise expressly stated in writing, that Software and documentation is provided on a personal, non-exclusive, non -transferable, non -assignable, revocable limited license for the period of your subscription to the applicable Service and solely for you to access and use the Software and documentation to receive the relevant Services for its intended purpose on systems owned or licensed by you. Software can only be used with certain computer operating systems and it is your responsibility to ensure that you have the appropriate hardware and software to use the Software. 14.4 You shall not take any action inconsistent with the stated title and ownership in this Section 14. You will not file any action, in any forum that challenges the ownership of any part of the Service or any Software, materials, or documentation. Failure to comply with this provision will constitute a material breach of this Agreement. We have the right to immediately terminate your access to and use of the Service in the event of a challenge by you. 14.5 If you are acquiring any Services on behalf of any part of the United States Government (Government): (a) any use, duplication, or disclosure by the Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software -Restricted Rights clause of FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227- 7013, and in similar clauses in the NASA FAR Supplement; and (b) we are the contractor/manufacturer, with the address set forth in this Agreement. 15 Assignment 15.1 Any attempt to transfer or assign this Agreement in whole or part, or rent, lease, sell, sublicense, or otherwise transfer any licensed rights, without our prior written consent, including by operation of law, transfer of voting control of you or your parent or otherwise, is prohibited and voidable by us and, in such event we may: (a) suspend Services at any time and without notice, (b) hold you and your guarantors liable for all obligations incurred by such purchaser or transferee, and (c) offset funding and obligations incurred on your accounts without regard to whether such funding or obligations relate to activities of you or of such purchaser or transferee. 15.2 If you make an assignment (or provide a security interest) of receivables covered by this Agreement, then we may, at our option, elect to: (a) refuse to acknowledge such assignment unless accompanied by an authorization to both initiate debits or credits to the bank account of the assignee; (b) terminate this Agreement https://sales.firstdata.com/#/signup/terms/qBEe2/bbMyx 11 /25 8/19/2020 First Data immediately; or (c) charge for any transfers that we are called upon to make manually to fulfill such an assignment at the rate of $100 per transfer. 15.3 Subject to Card Organization Rules, and without providing notice to you or obtaining your consent, we may assign or transfer this Agreement and our rights, duties, and obligations under this Agreement, and may delegate or subcontract our rights, duties, and obligations, in whole or in part, to any Person. In addition, another Visa and Mastercard member may be substituted for Bank under whose sponsorship this Agreement is performed with respect to Visa and Mastercard transactions. Upon such substitution, such other Visa and Mastercard member shall be responsible for all obligations required of Bank, including full responsibility for its Card program and such other obligations as may be expressly required by applicable Card Organization Rules. 15.4 If this Agreement is assigned with our permission or by operation of law, the restriction against assignment shall continue to apply to the assignee, who will not be authorized to further assign this Agreement except as described in this Section. 16 Term; Events of Default 16.1 This Agreement becomes effective only when approved by our Credit Department. We reserve the right to immediately suspend or terminate your account and this Agreement if you fail to meet our credit policies even if your account has been activated to submit transactions prior to your approval by our Credit Department. 16.2 The initial term of this Agreement is 3 years from the date of your approval by our Credit Department (the Initial Term). After the Initial Term, subject to Section 16.3, this Agreement shall automatically extend for additional period of 1 year each (each an Extended Term). The Initial Term and all Extended Terms are the Term of this Agreement. 16.3 A party may give written notice to the other party, not later than 30 days before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may be. Should you fail to notify us in writing that you wish to terminate this Agreement under this Section 16.3, you agree that you will continue to be charged certain fees pursuant to this Agreement even if you are not using your account. If you have an Equipment lease, termination of this Agreement does not terminate that Equipment lease. 16.4 We may terminate this Agreement or suspend any or all of the Services immediately and without notice in the following circumstances (each, a Default): (a) a material adverse change in your business, financial condition, or business prospects; (b) any assignment or transfer of voting control of you or your parent or sale of all or a substantial portion of your assets; (c) irregular Card sales by you, excessive Chargebacks, noncompliance with any applicable data security standards, as determined by us, or any Card Organization, or any other Person, or an actual or suspected data security breach, or any other circumstances which, in our sole discretion, may increase our exposure for your Chargebacks or otherwise present a financial or security risk to us; (d) you breach any of your representations, warranties or covenants in this Agreement or you default in any material respect in the performance or observance of this Agreement, or in any agreement with any of our respective Affiliates, including the establishment or maintenance of funds in a Reserve Account, or any failure to notify us of any change to the information in your business profile; (e) your actions come under investigation by any Card Organization resulting in the Card Organization directing us to terminate or suspend our Services or this Agreement with you; or (f) you violate any applicable law or Card Organization Rule or we reasonably believe that termination of this Agreement or suspension of Services is necessary to comply with any law, including the rules and regulations promulgated by the Office of Foreign Assets Control of the U.S. Department of the Treasury. 16.5 We may suspend or terminate this Agreement or our provision of one or more Services to you without penalty if: (a) the Service is generally discontinued; (b) our arrangement with the Card Organization or third party vendor in relation to the Service expires or terminates; (c) we are directed to end the Service to you by any Card Organization; (d) we are prevented from providing the Service by any law, regulation, requirement, ruling or notice issued in any form whatsoever by judicial or governmental authority; or (e) we are for any other reason no longer able to provide the Service. 16.6 We may also suspend Services to: (a) prevent damages to, or degradation of, our or a third party vendor's or network's system or network integrity (even if caused by a third party); (b) comply with any law, regulation, court order or other governmental request which requires immediate action; or (c) otherwise protect us or a third party vendor from potential legal liability. To the extent commercially reasonable, we shall give notice to you before suspending any Services in these circumstances. If not commercially reasonable to give prior notice, we shall give notice to you as soon as commercially practicable thereafter. Availability of Services may vary due to events beyond the control of us or our third party vendors. In the event of a suspension of a Service under this Section, we or the applicable third party vendor shall promptly restore the Services after the event giving rise to the suspension has been resolved. 16.7 Subject to Section 16.8, you can terminate this Agreement without the imposition of an Early Termination Fee, if we notify you of an increase to your fees or add new fees, and you notify us that you are terminating this Agreement within 30 days of our notice. If you do not notify us in the required period, you are deemed to have accepted the fee changes. 16.8 Your right to terminate without the imposition of an Early Termination Fee, under Section 16.7 does not apply to increases in rates or any other charges or new fees imposed on us by third parties (including the Card Organizations) which we pass on to you in accordance with Section 6.5, or where we adjust your fees in https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 12/25 8/19/2020 First Data accordance with Section 6.4. Any termination in these circumstances shall be considered a breach of this Agreement. 16.9 The expiration or termination of this Agreement shall not affect the obligations and rights of the parties pursuant to provisions of this Agreement, which by their nature are intended to survive, including Sections 8, 10, 12, 14, 17, 19, 26, and 27. After expiration or termination of this Agreement, or your subscription to a particular Service for any reason,: (a) your right and license to access and use the Software and documentation associated with the Service shall immediately cease and, within 5 days after such event, you shall either return to us or destroy all Software and documentation provided to you by us and shall so certify to us in writing; and (b) you shall continue to bear total responsibility for all transactions you have submitted to us and all Chargebacks, fees, Card Organization fines imposed on us as a result of your acts or omissions, credits and adjustments resulting from Card transactions processed pursuant to this Agreement, and all other amounts then due or which may become due under this Agreement. On termination due to a Default, all amounts owing to us shall be immediately due and payable. 16.10If you file for protection under the U.S. Bankruptcy Code, or any other laws relating to bankruptcy, insolvency, assignment for the benefit of creditors or similar laws, and you continue to use our Services, it is your responsibility to open new accounts to distinguish pre and post filing obligations. You acknowledge that as long as you utilize the accounts you established prior to such filing, we will not be able to systematically segregate your post -filing transactions or prevent set-off of the pre-existing obligations. In that event, you will be responsible for submitting an accounting record supporting any adjustments that you may claim. 16.11 The Card Organizations maintain merchant lists such as the Member Alert To Control High -risk merchants (MATCH) who have had their merchant agreements or card acceptance rights terminated for cause. If this Agreement is terminated for cause, you (a) agree that we may report your business name, and the names and other information regarding your principals, to the Card Organizations for inclusion on such list(s); and (b) waive and hold us harmless from and against any and all claims which you may have as a result of such reporting. 17 Reserve; Security Interest 17.1 You agree that in addition to any other rights we have under this Agreement, we may establish a Reserve consisting of cash or other assets that we will hold to satisfy your obligations, or potential obligations, under this Agreement or any other agreement with us or our Affiliates. 17.2 The amount of the Reserve shall be set by us in our sole discretion based upon your processing history and the potential risk of loss to us, as we may determine. 17.3 The Reserve shall be fully funded upon 3 days' notice to you, or immediately in instances of suspected fraud or a Default. 17.4 The Reserve may be funded by all or any combination of: (a) one or more debits to your Settlement Account, or any other accounts held by Bank or any of its Affiliates, at any financial institution maintained in your name or in the name of any of your principals, or any of your guarantors, or if any of same are authorized signers on such account; (b) any payments otherwise due to you from us or our Affiliates; or (c) any other collateral that you agree to provide and we agree to accept in our mutual discretion. 17.5 If this Agreement is terminated by any party, an immediate Reserve may be established without notice in the manner provided above. In these circumstances, the Reserve will be held by us for 10 months after termination of this Agreement, or for such longer period as is consistent with resolution of all liability from your Card acceptance including Chargebacks, fines, fees, or obligations of any other kind. 17.6 Any funds we hold in Reserve represent general payment obligations to you which do not become due until all potential contingent liabilities arising from your Card transactions have expired or lapsed. We may set-off any obligations that you owe to us before returning the balance of the Reserve. Unless specifically required by law, you shall not be entitled to interest on any funds held by us in the Reserve, and we shall be entitled to accrued interest in such funds. 17.7 Notwithstanding Section 17.6, you agree that we have a security interest in all funds or other assets that we hold in Reserve, and to provide us with any documentation we may request to perfect our security interest in the Reserve. 17.8 If any funds we hold in Reserve are not sufficient to cover the Chargebacks, adjustments, fees, and other charges and amounts due from you, or if the funds in Reserve have been released, you agree to immediately pay us such sums upon request. 18 Account Information 18.1 You are solely responsible for: (a) ensuring the accuracy of all information and data regarding your business that you provide to us or our service providers in connection with the Services, including any menus loaded onto a Device; (b) verifying that all information and data loaded onto a Device by us, or our service providers at your request, are accurate prior to your business use of such Device; and (c) immediately notifying us should any information you have provided to us become inaccurate or misleading. We and our service providers disclaim any and all liability arising out of any inaccuracies with respect to such information or data. 18.2 Upon request, you will provide us and our Affiliates quarterly financial statements within 45 days of the end of each fiscal quarter and annual audited financial statements within 90 days of the end of each fiscal year. Any financial statements provided must be prepared in accordance with generally accepted accounting principles. You will also provide other information concerning your business and your compliance with the terms and provisions of this Agreement as we may reasonably request. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 13/25 8/19/2020 First Data 18.3 You authorize us and our Affiliates to obtain from third parties financial and credit information relating to you in connection with our determination whether to accept this Agreement and our continuing evaluation of your financial and credit status. We may also access and use information which you have provided to us for any other reason. 18.4 Upon request, you shall provide to us and our Affiliates or our representatives or regulators (as well as those of the Card Organizations) reasonable access to your facilities and records for the purpose of performing any inspection (including of Equipment) and copying of books and records deemed appropriate. You shall pay the costs incurred by us or our Affiliates for such inspection, including costs incurred for airfare and hotel accommodation. 18.5 You authorize us to share information provided by you in your Application or otherwise with other relevant organizations, including those involved in the provision of the Services. 19 Audit Rights 19.1 Upon notice to you, we may audit your usage, records and security, your customer's payment processing information, and the Services to ensure that (a) you are using the Services in full compliance with this Agreement; (b) all applicable fees have been paid; and (c) you are in full compliance with all applicable laws, regulations and rules (including Card Organization Rules). Any such audit shall be conducted during regular business hours at your offices and shall not interfere unreasonably with your business. 19.2 You shall cooperate fully with any investigation or audit we or any Card Organization may undertake in relation to data security and you authorize us to share the details of any questionnaire or compliance report with the Card Organizations. 20 Software Updates and Maintenance 20.1 We may perform maintenance on Software or Services which may result in service interruptions, delays, or errors. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you in order to assist you with the Software or Services and obtain information needed to identify and fix any errors. 20.2 We may, at our discretion, release enhancements, improvements, or other updates to any Software. If we notify you of any such update, you shall integrate and install such update into your systems within 30 days of your receipt of such notice. You acknowledge that failure to install any updates in a timely fashion may impair the functionality of the Software or Services. We shall have no liability for your failure to properly install the most current version of any Software or any update, and we shall have no obligation to provide support or services for any outdated versions. 20.3 You acknowledge and understand that certain Software can automatically install, download, and/or deploy updated and/or new components, which may include a new version of the Software itself. You shall not, in any event or in any manner, impede the update process. You agree to assume full responsibility and indemnify us for all damages and losses, of any nature, for all adverse results or third party claims arising from your impeding the update process. 20.4 We and our Wireless Vendor(s) reserve the right to make changes in the configuration of Wireless Services, Wireless Networks, wireless Equipment, Wireless Software, rules of operation, accessibility periods, identification procedures, type and location of Equipment, allocation and quantity of resources utilized, programming languages, administrative and operational algorithms, and designation of the control center serving you at the particular address. 20.5 The default version and functionality of Clover Software applications that are accessible at the time you acquire a Clover Device may vary. 21 Accessing Services via Wireless Service, the Internet or Third Parties 21.1 You may access certain of our Services through a Device using a wired (Ethernet) or wireless (Wi-Fi or cellular) connection to the internet. You are solely responsible for the payment of any fees that may be imposed by your internet/data provider. Your use of any Services accessed wirelessly or through the internet is subject to: (a) the terms of any agreements you have with your internet/data provider; and (b) availability, transmission range, and uptime of the Services and any wireless Equipment. 21.2 You agree that we shall not be liable to you for any claims, damages, losses, obligations, costs or expenses or other liability arising directly or indirectly from or otherwise concerning (a) any termination, suspension, delay or disruption of Service (including billing for a Service) by the internet, any common carrier or any third party service provider; (b) any failure, disruption or malfunction of any of the Services, the internet, or any communications network, facility, or Equipment beyond our or a third party's reasonable control, whether or not attributable to one or more common carriers; (c) your failed attempts to access any Services or to complete transactions via any of the Services; or (d) any failure to transmit, obtain or collect data or for human, machine, or software errors or faulty or erroneous input by you. 21.3 We may alter which Devices and browsers are approved as compatible with particular Services in our discretion. 21.4 If a Service relies on online connectivity to provide up-to-date data, you assume all risk, responsibility and liability associated with any transaction that you choose to conduct while the Service is offline. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 14/25 8/19/2020 22 Service Integration First Data 22.1 Unless otherwise agreed in writing, you have the sole responsibility to select and employ any competent programming agent(s) to accomplish any programming required to make your systems function correctly with our platforms (Integration). You shall be responsible for all technical support for your systems and Integration related issues. You agree that you will use commercially reasonable efforts to complete any Integration as soon as possible. You will be responsible for all of your own development and implementation costs associated with such Integration. 22.2 You acknowledge that unless and until you complete any Integration, no Services which require such Integration shall need be provided by us to you pursuant to this Agreement. 22.3 Upon your request to us, and upon payment of any applicable fees, we may provide you with set-up services to assist with any Integration. 23 Security 23.1 You are solely responsible for establishing and maintaining Card Organization Rule compliant security policies and procedures to prevent unauthorized access to and use of Cardholder Information or any other data, including by implementing: (a) all steps required to comply with the PCI DSS, including ensuring all third parties and software use by you in connection with your payment processing are compliant with PCI DSS; (b) appropriate controls to limit access to, and render unreadable prior to discarding, all Cardholder Information and other data; (c) firewalls, passwords and other appropriate security features to protect against unauthorized access to your terminals, systems, the Services and any Software by your employees, contractors, customers, or by any other Person (including instituting appropriate controls to prevent employees or others from submitting credits that do not reflect bona fide returns or reimbursements of earlier transactions); and (d) any other reasonable protective techniques suggested by us. You are required to provide information to us regarding your PCI-DSS compliance when requested, including but not limited to an annual questionnaire that we will make available to you 23.2 If you become aware of any loss, theft or unauthorized use of any data and/or any suspected breach of your systems or any suspicious transactions or fraudulent activity or if any other Data Incident occurs, you shall (a) immediately notify us (and, as required under the Card Organization Rules, each Card Organization); (b) cooperate fully with any investigation into such matter by us or any Card Organization; (c) investigate the matter and perform all remedial actions reasonably specified by us; (d) not, without our prior written consent, take any action, or fail to take any action, which prejudices our rights under this Agreement; (e) not admit any liability, assume any financial obligation, pay any money, or incur any expense in connection with any Data Incident without our prior written consent. If you do so, it will be at your own expense; and (f) grant us and our vendors the right to access and perform a scan of the IP addresses identified within your profile (and you agree and authorize payment for the additional scan). We reserve the right to deny you access to the Services, in whole or in part, if we believe that any loss, theft or unauthorized use of any data or access information has occurred. 23.3 You are responsible for all electronic communications sent to us or to any third party. When we receive communications from you we will assume you sent it to us. 23.4 You will not obtain ownership rights in any Cardholder Information. You must not use, disclose, store, sell or disseminate any Cardholder Information except for purposes of authorizing, completing and settling Card transactions and resolving any Chargebacks, retrieval requests, or similar issues involving Card transaction. 24 Supply of Equipment 24.1 We will sell to you, and you will buy from us equipment identified in Equipment Documents as being sold to you (individually and collectively, the Purchased Equipment). We will rent to you and you agree to accept and rent from us Equipment identified in Equipment Documents as being rented to you (individually and collectively, the Rental Equipment). 24.2 Any Equipment sold or rented to you is being sold or rented to you solely for business use and not for household or personal use. 24.3 Warranties, if any, for the Equipment or any related Software will be contained within the packaging and originate from the applicable third party provider or manufacturer (Vendor) not us. 24.4 You acknowledge that any Equipment and/or Software you purchase or rent from us may not be compatible with another processor's systems. We do not have any obligation to make such Software and/or Equipment compatible with any other processing systems. If you elect to use another processing service provider on termination of this Agreement, you acknowledge that you may not be able to use the Equipment and/or Software rented or purchased under this Agreement. 24.5 We will provide you supplies as requested by you. You shall pay the purchase price for such supplies, plus shipping and handling charges, including all applicable tax, prior to delivery of the supplies or upon invoice, as specified by us, or at our option, such amounts will be collected by us by debits or deductions pursuant to this Agreement. 24.6 We will deliver the Equipment to the site you designate. You are deemed to have accepted each piece of Equipment at the earlier of: (a) your actual acceptance after installation; (b) delivery to you if your site is not prepared and ready for installation; or (c) for Equipment that we have not agreed to install for you, 7 days after shipment of each such piece of Equipment. The rental period for each piece of Rental Equipment starts on the https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 15/25 8/19/2020 First Data date the Equipment is deemed accepted and terminates at the scheduled termination date in the Equipment Documents. 24.7 You will prepare the installation site(s) for the Equipment, including the power supply circuits and phone lines, in conformance with the manufacturer's and our specifications and will make the site(s) available to us by the confirmed shipping date. Any alterations required for installation of Equipment will be done at your expense. 24.8 You shall cause the Equipment to be operated by competent and qualified personnel in accordance with any operating instructions furnished by us or the manufacturer. You shall not use the Equipment, or permit the Equipment to be used, in any manner or for any purpose for which the Equipment is not designed or reasonably suited. 24.9 You may not relocate, remove, disconnect, modify or in any way alter any Equipment without our prior consent. 24.10 You are responsible for safeguarding Equipment from (and shall immediately notify us of any) loss, damage, unauthorized use, misuse or theft. 24.11 You shall keep the Rental Equipment adequately insured against loss by fire, theft and all other hazards (Comprehensive Coverage). The loss, destruction, theft of or damage to the Rental Equipment does not relieve you of your obligation to pay the full purchase price or rent payable under this Agreement. 24.12 If Equipment is defective, you must immediately call the POS Help Desk. If necessary, we will assist you in obtaining replacement Equipment. If you fail to return any defective Equipment, you may be responsible for its replacement value and for any legal and/or collection costs incurred by the Equipment owner in connection with recovering Equipment. 24.13 Rented Equipment may not be subleased at any time and you must keep all Equipment free of any claims, liens and legal processes initiated by creditors. 24.14 Promptly upon termination of all applicable rental periods, or promptly following any action by us following a Default, you shall deliver possession of all Rental Equipment (including all attachments and parts) to us at your cost in the same operating order, repair, condition and appearance that the Rental Equipment had at the time of its delivery to you, except for reasonable wear and tear. For each item of Rental Equipment not so returned 14 calendar days after (a) termination of the applicable rental period, or (b) any action by us following a Default, you agree to pay us the greater of $250, or the fair market value of such item of Equipment if it were in the condition described above, as determined by us. 24.15 Except for Purchased Equipment that has been paid for in full, the Equipment shall remain our personal property and shall not under any circumstances be considered to be a fixture affixed to your real estate. You shall permit us to affix suitable labels or stencils to the Equipment indicating our ownership. 24.16 You shall return Equipment in accordance with the procedure set out in the Your Payments Acceptance Guide. Rental fees may be continued until Equipment is returned. 24.17 You hereby grant to us a security interest in (a) all Purchased Equipment and the related Software to secure payment of the purchase price; and (b) all Rental Equipment and the related Software to secure payment of the monthly payments and authorize us to file financing statements with respect to the Equipment and the Software in accordance with the Uniform Commercial Code, signed only by us or signed by us as your attorney - in -fact. 24.18 You agree that in order to access any Wireless Services, you must use wireless POS Terminals and accessories approved for use with the Wireless Services by us in our sole discretion 24.1 We will sell to you, and you will buy from us equipment identified in Equipment Documents as being sold to you (individually and collectively, the Purchased Equipment). We will rent to you and you agree to accept and rent from us Equipment identified in Equipment Documents as being rented to you (individually and collectively, the Rental Equipment). 24.2 Any Equipment sold or rented to you is being sold or rented to you solely for business use and not for household or personal use. 24.3 Warranties, if any, for the Equipment or any related Software will be contained within the packaging and originate from the applicable third party provider or manufacturer (Vendor) not us. 24.4 You acknowledge that any Equipment and/or Software you purchase or rent from us may not be compatible with another processor's systems. We do not have any obligation to make such Software and/or Equipment compatible with any other processing systems. If you elect to use another processing service provider on termination of this Agreement, you acknowledge that you may not be able to use the Equipment and/or Software rented or purchased under this Agreement. 24.5 We will provide you supplies as requested by you. You shall pay the purchase price for such supplies, plus shipping and handling charges, including all applicable tax, prior to delivery of the supplies or upon invoice, as specified by us, or at our option, such amounts will be collected by us by debits or deductions pursuant to this Agreement. 24.6 We will deliver the Equipment to the site you designate. You are deemed to have accepted each piece of Equipment at the earlier of: (a) your actual acceptance after installation; (b) delivery to you if your site is not prepared and ready for installation; or (c) for Equipment that we have not agreed to install for you, 7 days after shipment of each such piece of Equipment. The rental period for each piece of Rental Equipment starts on the date the Equipment is deemed accepted and terminates at the scheduled termination date in the Equipment Documents. 24.7 You will prepare the installation site(s) for the Equipment, including the power supply circuits and phone lines, in conformance with the manufacturer's and our specifications and will make the site(s) available to us by the confirmed shipping date. Any alterations required for installation of Equipment will be done at your expense. 24.8 You shall cause the Equipment to be operated by competent and qualified personnel in accordance with any operating instructions furnished by us or the manufacturer. You shall not use the Equipment, or permit the Equipment to be used, in any manner or for any purpose for which the Equipment is not designed or reasonably suited. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 16/25 8/19/2020 First Data 24.9 You may not relocate, remove, disconnect, modify or in any way alter any Equipment without our prior consent. 24.10 You are responsible for safeguarding Equipment from (and shall immediately notify us of any) loss, damage, unauthorized use, misuse or theft. 24.11 You shall keep the Rental Equipment adequately insured against loss by fire, theft and all other hazards (Comprehensive Coverage). The loss, destruction, theft of or damage to the Rental Equipment does not relieve you of your obligation to pay the full purchase price or rent payable under this Agreement. 24.12 If Equipment is defective, you must immediately call the POS Help Desk. If necessary, we will assist you in obtaining replacement Equipment. If you fail to return any defective Equipment, you may be responsible for its replacement value and for any legal and/or collection costs incurred by the Equipment owner in connection with recovering Equipment. 24.13 Rented Equipment may not be subleased at any time and you must keep all Equipment free of any claims, liens and legal processes initiated by creditors. 24.14 Promptly upon termination of all applicable rental periods, or promptly following any action by us following a Default, you shall deliver possession of all Rental Equipment (including all attachments and parts) to us at your cost in the same operating order, repair, condition and appearance that the Rental Equipment had at the time of its delivery to you, except for reasonable wear and tear. For each item of Rental Equipment not so returned 14 calendar days after (a) termination of the applicable rental period, or (b) any action by us following a Default, you agree to pay us the greater of $250, or the fair market value of such item of Equipment if it were in the condition described above, as determined by us. 24.15 Except for Purchased Equipment that has been paid for in full, the Equipment shall remain our personal property and shall not under any circumstances be considered to be a fixture affixed to your real estate. You shall permit us to affix suitable labels or stencils to the Equipment indicating our ownership. 24.16 You shall return Equipment in accordance with the procedure set out in the Your Payments Acceptance Guide. Rental fees may be continued until Equipment is returned. 24.17 You hereby grant to us a security interest in (a) all Purchased Equipment and the related Software to secure payment of the purchase price; and (b) all Rental Equipment and the related Software to secure payment of the monthly payments and authorize us to file financing statements with respect to the Equipment and the Software in accordance with the Uniform Commercial Code, signed only by us or signed by us as your attorney - in -fact. 24.18 You agree that in order to access any Wireless Services, you must use wireless POS Terminals and accessories approved for use with the Wireless Services by us in our sole discretion (Wireless Equipment). 24.19 You agree to obtain any and all licenses, permits, or other authorizations required by the Federal Communications Commission (FCC) or any other regulatory authority, if any, for the lawful operation of any Wireless Equipment used by you. You shall promptly provide us with all such information as we may reasonably request with respect to matters relating to the rules and regulations of the FCC. 25 Clover Care 25.1 If you purchase Clover Care, Included Equipment means equipment listed in the Equipment Details section of this Agreement. Clover Care replaces, at no additional charge to you, Included Equipment that has failed during the Clover Care Term due to manufacturer defects in materials or workmanship, normal wear and tear from use in your business, and accidental damage from handling. Merchants with Included Equipment located in New York: see below for material limitations on Clover Care protection. 25.2 Clover Care protection begins when we ship you the Included Equipment and continues for three years from that date, (the Clover Care Term). Clover Care protection extends to replacement devices for the remainder of the original unit's Clover Care Term. (a) During the Clover Care Term, Clover Care protection is limited to 3 replacements per device listed in this Agreement. (b) We reserve the right to replace Included Equipment with refurbished units. You acknowledge that Clover Care protection extends only to the functionality of devices, and not to cosmetic appearance or other non-functional matters. (c) If the model of unit to be replaced is no longer in inventory, we reserve the right to replace that unit with a model of the same or better functionality. Under no circumstances will we pay or credit you with cash in lieu of a replaced unit. 25.3 For assistance with a failed unit, contact Customer Service. If we confirm that the unit is eligible for replacement, we will ship you a replacement unit at no additional cost. We reserve the right to replace each failed unit of your Included Equipment with refurbished equipment. You may elect to purchase a new unit at our then - current rates if you do not want a refurbished unit, but we will not apply any credit to the purchase price of a new unit. 25.4 You must return each failed unit and its related accessories to us within 45 days after receiving the replacement unit. The package containing the replacement unit will include a prepaid shipping label for returning the failed unit. You must ship the failed unit (including any related unit accessories) in the same container we used to ship you the replacement unit. If you do not return a failed unit (or any related accessories) to us within 45 days, we will charge you our then -current rate for that unit or accessory. 25.5 Exclusions Clover Care does not: (a) Replace or otherwise protect Included Equipment in cases of loss, theft, intentional damage, or damage to units incurred incidentally to fire or flood damage to your business premises. Clover Care is void if you breach https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 17/25 8/19/2020 First Data this Agreement or your merchant processing agreement. Clover Care is not insurance nor a substitute for insurance; or (b) Apply to defects or damage resulting from software, interfaces, or supplies we do not provide; loss or damage in transit between your locations; your or your vendors' or users' improper site preparation; or failure to follow written instructions on proper use of the Included Equipment. (c) Merchants with Included Equipment located in New York: see below for material additional exclusions. 25.6 We may charge you our then -current rate for any returned unit that (1) the Agreement excludes from Clover Care, (2) has an expired Clover Care Term, (3) does not match the serial number of a unit for which you purchased Clover Care, or (4) results in a no -problem found claim (an NPF Claim). An NPF Claim will result if a factory technician could not reproduce your reported defect in the returned unit or the returned unit performs to specifications within the factory's automated quality assurance testing program. 25.7 New York Merchants For Included Equipment located in New York, Clover Care protection does not include damage arising from normal wear and tear (except as arising from product defect) or accidental damage from handling. (a) Subject to the conditions and exclusions set forth in this Agreement, Clover Care replaces, at no additional charge to you, Included Equipment that has failed due to manufacturer defects in materials or workmanship. (b) In addition to the exclusions above, Clover Care does not replace or otherwise protect Included Equipment arising from causes other than manufacturer defects in material or workmanship, including without limitation: damage resulting from smashed or cracked units or screens; extraneous materials in the interior of the unit; contact with liquids; missing unit covers; melted or burnt units; cosmetic damage; your or your vendors' or users' improper or inadequate maintenance; or other visible damage. Clover Care is void if you breach this Agreement. Clover Care is not insurance nor a substitute for insurance. (c) You acknowledge that the Fees charged by us are not reduced for Included Equipment located in New York, even though there are lesser protections provided and broader exclusions. 26 Compliance with Laws 26.1 You shall comply fully with the requirements of all applicable federal, state, and local laws and regulations related to your use of Software, Equipment, and each Service, and provision and use of any Cardholder Information, customer information and other POS data in connection with the Services. You shall not use the Services for illegal purposes. 26.2 You are solely responsible for obtaining all required permits and monitoring legal developments applicable to the Services and the operation of your business, interpreting applicable laws and regulations, determining the requirements for compliance with all applicable laws and regulations, and maintaining an on -going compliance program. 26.3 Notwithstanding the capability of certain Services to collect and store customer information and to allow your customers to elect to receive marketing materials from you, some states may limit your use of such information once collected, even if the customer has provided his consent, and/or your disclosure of such information to third parties. You acknowledge and agree that (a) your use of any customer information obtained in connection with the Services may be subject to local, state, and/or federal laws, rules, and regulations, (b) you are solely responsible for knowing such laws, rules, and regulations, and (c) you will at all times strictly comply with all such laws, rules, and regulations. 27 Indemnification 27.1 You agree to indemnify and hold us, our Affiliates, agents, and third party service providers harmless from and against all losses, liabilities, damages and expenses arising from: (a) any breach or misrepresentation by you under this Agreement; (b) your or your employees' or your agents' negligence or willful misconduct, in connection with Card transactions or otherwise arising from your provision of goods and services to Cardholders; (c) your use of the Services, including any Software or Equipment provided under this Agreement; (d) any third party indemnifications we are obligated to make as a result of your actions (including indemnification of any Card Organization or Issuer); (e) your use of any Cardholder Information or other customer information obtained in connection with your use of the Services; (f) the content or delivery of any marketing messages that you send or cause to be sent to any customer; or (g) any other persons authorized or unauthorized access and/or use of any Service, Software, or Equipment, whether or not using your unique username, password, or other security features. 27.2 Subject to the limitations set forth in Section 10.3, we agree to indemnify and hold you harmless from and against all losses, liabilities, damages and expenses directly resulting from any breach or misrepresentation by us under this Agreement or directly arising out of our or our employees' gross negligence or willful misconduct in connection with this Agreement; provided that this indemnity obligation shall only apply to Bank in relation to the Services provided by it hereunder. 28 Arbitration 28.1 This arbitration provision shall be broadly interpreted. If you have a Dispute with us that cannot be resolved informally, you or we may elect to arbitrate that Dispute in accordance with the terms of this arbitration provision rather than litigate the Dispute in court. In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 18/25 8/19/2020 First Data 28.2 Notwithstanding Section 28.1, you and we agree that the following will not be subject to arbitration: (a) disputes relating to the scope, validity, or enforceability of this arbitration provision; (b) any claim filed by you or us in which the amount in controversy is properly within the jurisdiction of a small claims court; and (c) any dispute related to the validity of any party's intellectual property rights. 28.3 If you or we elect to resolve your Dispute through arbitration pursuant to this arbitration provision, the party initiating the arbitration proceeding shall open a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-495-4185, www.adr.org. 28.4 Because the Services provided to you under this Agreement concern interstate commerce, the Federal Arbitration Act (FAA) will govern this arbitration provision, including the issue of whether the Dispute is subject to arbitration. Any arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (AAA). If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision shall govern. If the AAA will not administer a proceeding under this arbitration provision as written, it cannot serve as the arbitration organization to resolve your Dispute. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written. If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision shall govern. 28.5 A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect your information and other confidential or proprietary information. If the claim alleged in the Dispute is for $10,000 or less, and the Dispute is not excluded based on Section 28.2 above, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in -person hearing under the rules of the selected arbitration organization. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. 28.6 If an award granted by the arbitrator exceeds $50,000, either party can appeal that award to a three - arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within 30 days from the date of entry of the written arbitration award. The arbitration organization will then notify the other party that the award has been appealed. The members of the three -arbitrator panel will be selected according to the AAA's Commercial Arbitration Rules. The three- arbitrator panel will issue its decision within 120 days of the date of the appealing party's notice of appeal. The decision of the three -arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA. 28.7 All parties to an arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint, or consolidated basis or on a basis involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other clients, or other persons. 28.8 The arbitrator may award injunctive or similar relief only in favor of the individually named party and only to the extent necessary to provide relief warranted by that individual party's claim. The arbitrator may not award injunctive relief applicable to any class or similarly situated individual or groups. 28.9 The arbitration will take place in Suffolk County, NY. 28.10 We will pay arbitration filing fees and arbitrator's costs and expenses you notify us of prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, fees for attorneys or expert witnesses. If the arbitration is resolved in our favor, you shall reimburse us for the filing fees and costs paid up to the extent awardable in a judicial proceeding. If the arbitration is resolved in your favor, you will not be required to reimburse us for any of the fees and costs paid by us. Notwithstanding anything to the contrary in this arbitration provision, we will pay all fees and costs that we are required by law to pay. 28.11 If you do not wish to arbitrate disputes, you must notify us in writing within 30 days of the date that you first receive this Agreement by writing your name, address and account number as well as a clear statement that you do not wish to resolve disputes through arbitration and sending that notice either (a) by e-mail to arbitrationoptout@firstdata.com; (b) by fax at 402-916-2200; or (c) by mailing to Arbitration Opt Out Notice, 3975 N.W. 120th Avenue, Coral Springs, FL 33065 (these fax numbers and addresses are only for submitting the notice described in this section). Your decision to opt out of arbitration will have no adverse effect on your relationship with us or the Services provided by us. 28.12 If any part of Section 28.7 is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be decided by a court. If any other clause in this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this arbitration provision will be given full force and effect. 28.13 You and we have agreed to waive the right to trial by jury. 29 Notices 29.1 All notices and other communications required or permitted under this Agreement (other than those involving normal operational matters relating to the processing of Card transactions) shall be in writing and sent: (a) if to you, to your email address or postal address appearing on the Application; (b) if to Processor, to its address appearing in the confirmation section, with a copy to Attention: General Counsel's Office, 3975 N.W. 120th Avenue, Coral Springs, FL 33065; and (c) if to Bank, to the address appearing on the confirmation section. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 19/25 8/19/2020 First Data 29.2 Notices shall be effective when actually received or, if sent by courier, when delivered. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under this Agreement. 29.3 You must give us 30 days prior notice of any change to your address. Failure to provide us with a valid address may result in the termination of this Agreement. 29.4 Notwithstanding the above, all bankruptcy, credit reporting or collection related notices must be sent to the following address: Merchant Services Department, P.O. Box 675799 Marietta, GA 30006 Attn: Bankruptcy and Collection Notifications. 29.5 All notices must include your name(s) and merchant number(s). 30 Communications 30.1 You agree that we, our Affiliates, and our third party service providers and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number, or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes. 30.2 You consent to receiving commercial electronic messages, including email messages, SMS and text messages, and telephone calls, from us, our Affiliates, and our third party service providers and/or agents. 31 Whole Agreement; Waiver; Severability 31.1 This Agreement constitutes the entire Agreement between the parties with respect to its subject matter, and supersedes any previous agreements and understandings. 31.2 A party's waiver of a breach of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or another term or condition. 31.3 Except with respect to Section 28, the parties intend every provision of this Agreement to be severable, and, if any part of this Agreement is not enforceable, the remaining provisions shall remain valid and enforceable. 32 Amendment 32.1 We may modify this Agreement (including changing the fees or adding new fees) by 20 days written notice to you. Subject to Section 32.2, you may choose not to accept the change by terminating this Agreement by written notice within 30 days of our notice. 32.2 Notwithstanding Section 32.1, we may at any time modify this Agreement in accordance with Section 6.5 or to reflect changes in applicable law, the Card Organization Rules or security procedures, and your right of termination shall not arise in such circumstances. 33 Third Party Beneficiaries 33.1 Our Affiliates and any Persons we use in providing the Services are third party beneficiaries of this Agreement and each of them may enforce its provisions as if they are a party to it. The rights of the parties to rescind or agree to any variations, waiver or settlement under this Agreement are not subject to the consent of any Person. 33.2 Except as expressly provided in this Agreement, a person who is not a party to this Agreement shall have no rights or remedies under this Agreement. 34 6050W of the Internal Revenue Code 34.1 Under Section 605OW of the Internal Revenue Code, you will receive a Form 1099- K reporting the gross dollar amount of card transactions processed through your Merchant Account with us in each year. 34.2 Amounts reportable under Section 605OW are subject to backup withholding requirements. We will be required to perform backup withholding by deducting and withholding income tax from reportable transactions if (a) you fail to provide your taxpayer identification number (TIN) to us, or (b) if the IRS notifies us that the TIN (when matched with the name) provided by you is incorrect. Accordingly, to avoid backup withholding, it is very important that you provide us with the correct name and TIN that you use when filing your tax return that includes the transactions for your business. 35 Export Compliance 35.1 You agree not to export or re-export any Software, Equipment, or any underlying information except in full compliance with all applicable laws and regulations. 35.2 None of the Software, Equipment, or any underlying information may be downloaded or otherwise exported or re-exported (a) to any country to which the United States has embargoed goods (or any national or resident thereof); (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders; or (c) in any manner not in full compliance with the https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 20/25 8/19/2020 First Data requirements of the United States Bureau of Industry and Security and all applicable Export Administration Regulations. You warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. 35.3 If you have rightfully obtained Software, Equipment, or any underlying information outside of the United States, you agree not to re-export the same except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained it. 36 No Investment Advice 36.1 We do not provide any business, investment or financial advice, and are not advocating any business decision or the sale or purchase of any real property, stocks, bonds, or securities. 36.2 We expressly state, and you hereby acknowledge, that any information services are provided solely for informational purposes and are not to be used as a substitute for independent financial investment advice nor are they intended to be relied upon by any person or entity, including you or your customers for the purposes of investment or other financial decisions. 37 Clover Security Plus 37.1 Clover Security Plus consists of a POS security monitor, the TransArmor Data Protection Service, and tools that you can use to help you meet your PCI DSS compliance obligations. Each of those services is described in more detail below. Clover Security Plus is provided to you by Processor and not by Bank. 37.2 The POS security monitor offers you monitoring, scanning, and anti -virus software for your POS computer systems. 37.3 The TransArmor Data Protection Service encrypts Cardholder Information at the point of transaction and replaces it with a unique identifier (a token) that is returned with the Authorization response. You must use the token you receive with the authorization response instead of the card number for all other activities associated with the transaction, including settlement, retrieval, Chargeback, or adjustment processing as well as transaction reviews. If you fully deploy and use the TransArmor Data Protection Service, the token returned to you with the Authorization response cannot be used to initiate a financial sale transaction by an unauthorized person outside your POS systems or the systems where you store your Transaction Data. The TransArmor Data Protection Service can only be used with a POS Device, gateway, or service that we have certified as being eligible for the TransArmor Data Protection Service. The TransArmor Data Protection Service is provided to you by Processor and not by Bank. 37.4 We also give you access to tools that you can use to help you meet your PCI DSS compliance obligations. Although you must also comply with all laws and Card Organization Rules relating to data security, including the PCI DSS, you are not required to use our tools to do so. Our tools consist of an on-line PCI DSS SAQ and on- line scans for up to 5 POS devices. By completing the SAQ, you are confirming that you follow certain data security protocols. If the Card Organization Rules require you to submit to quarterly or other periodic PCI- approved vulnerability scans (for example, if you accept internet transactions), the on-line scans we make available to you will enable you to meet that requirement. If, within 60 days from the date this Agreement is submitted to us with your signature and on an annual basis after that, you choose to (a) complete the SAQ or (using PCI-approved methods) provide us with other written evidence of your PCI DSS compliance, (b) obtain any PCI-approved scans required by the Card Organization Rules, and (c) remediate vulnerabilities identified by the scans in ways that enable you to comply with the Card Organization Rules and applicable standards (including the PCI DSS), then you will avoid paying the monthly Non -Receipt of PCI Validation fee. If you materially change the systems you use to accept payments, you will need to promptly complete a new SAQ, or (using PCI-approved methods) promptly provide us with other written evidence of your PCI DSS compliance, in order to avoid paying the monthly Non -Receipt of PCI Validation fee. 37.5 We will provide you with the Liability Waiver described in this Section 37.5 if none of the exclusions below apply. If you have a Data Incident, for each MID you have with us, we will waive (a) up to $25,000 of liability for PCI Upgrade Costs, and (b) up to $100,000 of liability for other Data Incident Expenses. These limits are subject to a $500,000 cap for all Data Incident Expenses. These limitations apply during each 12-month period from January 1 through December 31, regardless of the number of Data Incidents you may experience. The Liability Waiver applies only while you are using and paying for Clover Security Plus. The Liability Waiver will not apply to any of the following: (a) any Data Incident that began before you started using Clover Security Plus or that is reported to us after you stopped using Clover Security Plus; (b) any fines or assessments against you that are not the direct result of a Data Incident; (c) any repeated Data Incidents, unless between the repeated events a qualified security assessor certified you as PCI-compliant; (d) any routine or recurring expenses for security assessments, regulatory examinations, or compliance activities; (e) any Data Incident that occurs during any period of time that (1) a Card Organization has categorized you as a Level 1 or Level 2 merchant, or (2) you have processed more than 6 million transactions during the 12-month period before the Data Incident; (f) any expenses (other than Data Incident Expenses) incurred to bring you into compliance with the PCI DSS or a similar security standard; or (g) any Data Incident Expenses that arise out of an uncontrollable event or any intentional, reckless, or grossly negligent misconduct on your part. 37.6 Use of Clover Security Plus does not (a) guarantee compliance with any laws, Card Organization Rules, or applicable standards (including the PCI DSS), (b) affect your obligation to comply with laws, Card Organization Rules, and applicable standards (including the PCI DSS), or (c) guarantee protection against a Data Incident. We make no promise that use of Clover Security Plus will detect every vulnerability on your system, or that our https://sales.firstdata.com/#/signup/terms/qBEe2/bbMyx 21 /25 8/19/2020 First Data vulnerability assessments, suggested solutions, or advice are error -free or complete. You agree that we are not responsible or liable for the accuracy or completeness of any information provided by us. Your use of Clover Security Plus involves inherent risks, including system performance, availability, and data corruption. You have sole responsibility to backup and/or otherwise protect your data, systems, and service. 37.7 You must comply with all rules or procedures relating to Clover Security Plus (or any component of Clover Security Plus) that we give you from time to time. You must also implement all updates to Clover Security Plus within a reasonable period after you receive them. You are solely responsible for backing up and/or otherwise protecting your data, systems, and service. 38 Interpretation; Definitions 38.1 The headings contained in this Agreement are for convenience of reference only and shall not in any way affect the meaning or construction of any provision of this Agreement. References in this Agreement to include, including, or in particular shall not be given a restrictive meaning and shall be interpreted without limitation. Reference to any legislation is to such legislation as amended or supplemented in the future. 38.2 Certain terms used in this Agreement are defined below: Affiliate: a Person that, directly or indirectly, (i) owns or controls a party to this Agreement or (ii) is under common ownership or control with a party to this Agreement. Anticipated Interchange and Program Pricing Level: your initial anticipated Card Organization interchange and program pricing rates. Application: Sections 1 through 5 of this Agreement. Authorization: approval by, or on behalf of, the Issuer to validate a transaction. An Authorization indicates only that the Issuer has confirmed there is sufficient availability of funds on the Cardholder's account at the time the Authorization is requested. Authorization and Capture: the communication of instructions from your POS or other systems to our computer systems, whether the communications are for authorization requests or any other capture of information. Card: See either Credit Card or Debit Card. Cardholder: the Person whose name is embossed on a Card and any authorized user of such Card, also referred to as a Card Member by American Express. Cardholder Information: the data contained on a Card, or otherwise provided to you, that is required by the Card Organization or us in order to process, approve and/or settle a Card transaction, including the names, addresses and Card account numbers of Cardholders. Card Organization: any entity formed to administer and promote Cards, including Mastercard Worldwide (Mastercard), Visa U.S.A., Inc. (Visa), DFS Services LLC (Discover Network), PayPal, Inc. (PayPal), American Express Travel Related Services Company, Inc. (American Express) and any applicable debit networks. Card Organization Rules: the rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Organization and related authorities, including those of the PCI Security Standards Council, LLC and the National Automated Clearing House Association (including, with respect to EBTs, the Quest Operating Rules). Card Replacement Costs: the costs you are obligated to pay to comply with the written demand of a Card Organization to reproduce and distribute cards arising from a Data Incident. Chargeback: a Card transaction (or disputed portion) that is returned to us by the Issuer. You are responsible for payment to us for all Chargebacks. Clover: Clover Network, Inc. Clover Service: the website associated with Clover, the object code version of Clover software applications (whether owned or licensed by Clover) resident on a Device at the time we provide you with the Device and the object code version of the software that enables the applications resident on a Device at the time of provisioning, and any related updates (including software maintenance or bug fixes) that are designed to assist with the management of your business and enable payment processing at the point of sale, and any materials, documentation, and derivative works released by us. Credit Card: a card bearing a valid Mark of Visa, Mastercard, Discover Network, PayPal or American Express (or any other Card Organization specified by us in writing) and authorizing the Cardholder to buy goods or services on credit. Data Compromise: the exposure of card information that compromises the security, confidentiality, or integrity of personally identifiably information. Data Incident: actions, omissions, unauthorized access, intrusions, or security breaches resulting in a Security Failure and ensuing Data Compromise, as identified in a Card Organization's formal notice. Regardless of the number of unauthorized accesses, security breaches, or Data Compromise events, all activities resulting from (1) common intruders or a conspiracy of intruders, (2) unauthorized software installations, or (3) continuous or repeated actions, or exposure to the same general harmful condition, will be considered a single Data Incident. A Data Compromise stemming from either: (i) multiple intrusions into your computer system enabled by a worm, key logger, or the like, or (ii) the repeated use of a stolen or compromised password or access code, will also be deemed to arise out of a single Data Incident. Data Incident Expenses: (a) any of your obligations to us for liability imposed by Card Organizations arising from a Data Incident, including, PCI Upgrade Costs and Card Replacement Costs; and (b) the costs of a security assessment conducted by a qualified security assessor approved by a Card Organization or PCI to determine the cause and extent of a Data Incident. Data Incident Expenses do not include (1) any cost for Mitigation Services or to notify consumers about a Data Incident; (2) interchange fees, Chargeback expenses or the amount of any https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 22/25 8/19/2020 First Data transaction returned to you, the Bank or us; or (3) any other damage, legal expenses, punitive or exemplary damages, legal or regulatory fines or penalties. Debit Card: a card bearing a valid Mark of Visa, Mastercard, Discover Network or American Express or any debit network that is used to access funds in a Cardholder's bank account or a prepaid account. Device: a tablet, smartphone, or other mobile or fixed form factor identified by us as compatible with and capable of accessing and/or supporting a particular Service. Discount Rate: a percentage rate or amount charged to a merchant for processing its qualifying daily Credit Card and Non -PIN Debit transactions, as set forth in the Application. Dispute: any dispute, claim, or controversy related to or arising under any aspect of your relationship with us, whether directly with Processor and/or Bank, or indirectly with any other Person or entity related to the relationship, and arising at any time during, before, or after that relationship. Equipment: equipment rented to or purchased by you under this Agreement and any Equipment Documents. Equipment Documents: documents setting out additional terms on which Equipment is rented to or purchased by you under this Agreement. General Terms: these general terms and conditions on which the Services are provided, including any amendments or modifications. Foreign Currency: a currency other than the Local Currency and supported by us for a particular service. GeP Transaction: a card not present transaction between you and a Cardholder using a Card type approved by us, in which you present the price for the product or service in a Foreign Currency in a card not present environment and the Cardholder authorizes (a) the price in a Foreign Currency to be submitted to a Card Organization for settlement, and (b) that the Cardholder's account will be charged for the price in the Foreign Currency. GeP Service: the merchant pricing of goods and services in a Foreign Currency and the activity undertaken by us and/or a GeP Service Provider to authorize, process, and settle GeP Transactions. Issuer: the financial institution or Card Organization that has issued a Card to a Person. Local Currency: the currency associated with your place of domicile and approved by us. Marks: names, logos, emblems, brands, service marks, trademarks, trade names, tag lines, or other proprietary designations. Merchant Account: an account set up for you that requires a card processor, bank, merchant ID, terminal ID, merchant account number, or otherwise named unique merchant number. Multiple physical or virtual storefronts that process transactions under the same unique merchant number shall be deemed as one Merchant Account.. MID: merchant identification number. Mitigation Service: a service provided to a Cardholder whose information is the subject of a Data Incident, where the primary purpose of the service is to mitigate the effects of the Data Incident, including identity theft education and assistance and credit monitoring. Non -PIN Debit: a transaction using a Debit Card that is processed without the use of a PIN. Non -Qualified Fee: the difference between the interchange or program pricing associated with the Anticipated Interchange and Program Pricing Level and the interchange or program pricing associated with the more costly interchange or program pricing level at which the transaction actually processed. Non -Qualified Surcharge: a surcharge applied to any transaction that fails to qualify for the Anticipated Interchange and Program Pricing Level and is therefore downgraded to a more costly interchange or program pricing level. The Non -Qualified Surcharge (the amount of which is set out on the Fee Schedule) is in addition to the Non -Qualified Fee, which is also your responsibility. PCI: Payment Card Industry. PCI DSS: Payment Card Industry Data Security Standard, as amended from time to time. PCI Upgrade Costs: the costs you agree to incur to upgrade payment acceptance and processing hardware and software to enable you to accept and process cards in a manner compliant with the PCI DSS. Person: an individual, corporation, partnership, sole proprietorship, trust, association or any other legally recognized entity or organization, other than you or us. PIN: a Personal Identification Number entered by the Cardholder to submit a PIN Debit transaction. PIN Debit: a transaction using a Debit Card where a Cardholder enters a PIN via a PIN Pad. Reserve: funds that are otherwise payable to you which we hold to secure your obligations under this Agreement, pursuant to Section 17 of this Agreement. The Reserve may also refer to other collateral that you may provide to us to secure such obligations. Reserve Account: our records and accounting of such funds or other collateral. Security Failure: (a) a failure of your computer systems' security to prevent computer data infiltration, (b) theft of your hardware or firmware on which data is stored or processed, (c) theft of your passwords or access codes, or (d) physical loss of your information. Services: the activities undertaken by us to authorize, process, and settle Card transactions undertaken by Cardholders at your location(s), and all other services provided by us under this Agreement. Settlement Account: an account or account(s) at a financial institution designated by you as the account to be debited and credited by us for Card transactions, fees, Chargebacks and other amounts due under this Agreement or in connection with this Agreement. Software: all software, computer programs, related documentation, technology, know-how and processes embodied in the Equipment (i.e. firmware) or otherwise provided to you under this Agreement. For the avoidance of doubt, the term Software shall not include any third party software available as part of a Third Party Service or which may be obtained by you separately from the Services (e.g. any applications downloaded by you through an application marketplace). Third Party Services: services, products, promotions or applications provided by someone other than us. Transaction Data: data collected as part of performing Services for you. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 23/25 8/19/2020 First Data Transaction Rate: the then -current Foreign Currency exchange rate used by the Card Organizations or their designee to convert the net funding amount into the Local Currency. Wireless Networks: certain cellular telephone and data networks to which we have access though Wireless Vendors. Wireless Services: wireless data communication services that use radio base stations and switching offered by Wireless Networks in order to allow you to capture and transmit to us certain wireless Card Authorization transactions or to transmit other communications to our system. Wireless Software: wireless software (including any documentation relating to or describing the wireless software) downloaded by you or your designee from our systems onto the wireless equipment. Wireless Vendors: one or more third party vendors selected by us in our sole discretion through whom we have acquired the right to resell Wireless Services. You, Your: the merchant signing this Agreement. Your Payments Acceptance Guide: the information prepared by us, containing operational procedures, instructions and other rules and requirements relating to Card transactions. NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT. F1 8. Confirmation Processor Information Name Express Merchant Processing Solutions (a division of First Data Merchant Services LLC) Address 4000 Coral Ridge Dr., Coral Springs, FL 33065 URL www.firstdata.com Customer Service # 1-877-273-8191 Please read this entire Agreement. It describes the terms on which we will provide merchant processing Services to you. This summary provides answers to commonly asked questions about your Agreement. 1. Your Discount Rates and other fees are calculated based on transactions qualifying for certain program pricing and interchange rates levied by the applicable Card Organization. Transactions that fail to qualify for these rates will be charged an additional fee. Interchange and program pricing levied by the Card Organization is subject to change, (see Section 6 of the General Terms & Conditions). 2. We may debit your bank account (also referred to as your Settlement Account) for amounts owed to us. 3. You are liable for Chargebacks and there are many reasons why a Chargeback may occur. When they occur we will debit your Settlement Account. See Section 8 of the General Terms & Conditions. 4. If you wish to dispute any charge or funding, you must notify us within 60 days of the date of the statement on which the charge or funding appears. 5. This Agreement limits our liability to you. See Section 10 of the General Terms & Conditions for further details. 6. We have assumed certain risks by agreeing to provide you with the Services. Accordingly, we may take certain actions to mitigate our risk, including termination of this Agreement, and holding monies otherwise payable to you (see Sections 16 and 17 of the General Terms & Conditions). 7. By executing this Agreement with us you authorize us and our Affiliates to obtain and share financial and credit information regarding your business and the signers and guarantors of this Agreement until all your obligations to us and our Affiliates are satisfied. https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 24/25 8/19/2020 First Data 8. Arbitration: This Agreement contains a binding arbitration provision in Section 28 that affects your rights under this Agreement with respect to all Services. Information about Bank: a) Your Bank, who is a Visa and MasterCard Member Bank, is Wells Fargo Bank, N.A. (Bank), PO Box 6079, Concord, CA 94524, (844) 284-6834. b) Bank is the entity approved to extend acceptance of Visa and MasterCard products directly to you and will be a party to the sections of this Agreement listed in Section 2.2. c) Bank works with Processor to provide the Services to you with respect to Visa Cards and to MasterCard Cards. d) Bank shall, either directly or through Processor, advise you of pertinent Card Organization Rules with which you must comply. e) Bank is responsible for and must provide settlement funds to you and will be responsible for all funds held in a reserve. Your Responsibilities: a) You must comply in full at all times with this Agreement (including the Your Payments Acceptance Guide), all Card Organization Rules and all Cardholder and customer data security and storage requirements. b) You may view and download the Your Payments Acceptance Guide at: Your Payments Acceptance Guide c) You may view and download the Interchange Qualification Matrix and American Express OptBlue® Guide at: https://www.businesstrack.com d) You may download the Visa and MasterCard rules at: https:Husa.visa.com/support/merchant.html http://www.mastercard.com/us/merchant/support/rules.html e) For your account to stay operational, you must keep fraud and Chargeback levels below Card Organization thresholds. f) Please retain a signed copy of your Agreement. By signing below, you: (i) confirm that you have received and read this Merchant Processing Agreement which includes the Confirmation Page, [RSA 20.1 Interchange Qualification Matrix; Pass Through Fee Schedule July - Revised FINAL 7.30.2020; Interchange Rate Schedule: ]; and (ii)agree to all terms in this Agreement in your capacity as a person authorized to sign on behalf of the Merchant, and; (iii)acknowledge that you have executed the Agreement using an electronic signature process and that signature reflects your agreement to be bound to the Agreement. NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT. Business Principal Signature: 11MN MERE https://sales.firstdata.com/#/signup/terms/gBEe2/bbMyx 25/25 THE CITY OF Anna AGENDA ITEM: Item No. 6.i. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Carrie Land Conduct a Public Hearing and Consider/Discuss/Action on a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the company's 2020 rate review mechanism filing, adopting tariffs that reflect rate adjustments, and approving related documents and matters. (City Attorney Clark McCoy) 6*11►Vi IJi /_1 Zvi Please see the attached Staff Model Report prepared by the ACSC attorneys. Clark has reviewed the documents and can answer any questions. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Anna — Great Place to Live STAFF RECOMMENDATION: ATTACHMENTS: 1. 2020 Atmos Mid -Tex RRM Model Staff Report 2. 2020 Atmos Mid -Tex RRM Model Staff Report Attachments 3. 2020 Atmos Mid -Tex RRM Settlement Resolution 4. 2020 Atmos Mid -Tex RRM Settlement Resolution 5. 2020 Atmos Mid -Tex RRM Settlement Resolution Attachments APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 August 17, 2020 MODEL STAFF REPORT BACKGROUND AND SUMMARY The City, along with 171 other Mid -Texas cities served by Atmos Energy Corporation, Mid - Tex Division ("Atmos Mid -Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid -Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism ("RRM"), as a substitute for future filings under the GRIP statute. Since 2007, there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2020, the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost -of -service in a test year ending December 31, 2019, entitled it to additional system -wide revenues of $141.2 million. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3 million, $98.7 million of which would be applicable to ACSC members. ACSC's consultants concluded that the system -wide deficiency under the RRM regime should be $111.5 million instead of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC members would be $80.8 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $90 million from ACSC Cities, but with a two -month delay in the Effective Date until December 1, 1 2020. This should save ratepayers approximately $9 million such that the case is functionally equivalent to ACSC's consultants' recommendation of $80.8 million. The Executive Committee recommends a settlement at $90 million. The Effective Date for new rates is December 1, 2020. ACSC members should take action approving the Resolution before November 1, 2020. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate $90 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of $5.15 on a monthly basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. 2 RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid -Tex that chose to remain under GRIP rather than adopt RRM. Additionally, the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF `BE IT RESOLVED" PARAGRAPHS: 1. This section approves all findings in the Resolution. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just, reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will permit Atmos Mid -Tex to recover an additional $90 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8. This section repeals any resolution or ordinance that is inconsistent with the Resolution. 3 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 10. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11. This section provides for an effective date upon passage. December 1, 2020 represents a two month delay in the Effective Date established by the RRM tariff. 12. This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $141.2 million in additional system -wide revenues, the RRM settlement at $90 million for ACSC Cities reflects substantial savings to ACSC Cities. ACSC's consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million. Settlement at $90 million (equivalent to $81 million with a two -month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before November 1, 2020. New rates become effective December 1, 2020. 2557/32/8105318 Attachment 1 to Model Staff Report 2020 RRM Proof of Revenues N N N j N— — —— —� C00 --4A N O I O Cn W A W N O (4 W —1 O( n A W N O CD 0 ;a C) C) C) C) a 5 o c ID ;a ID o cCD d c;D 3 CL m nma,aia o� C)m0 C)M0 M CD x = u m -av,CD -aCD wm-00m (D (o N N 0 iv N N = O 3 7 (D H 7 m C) � S (fl C) 7 (D S cc w SID w N w (D -a (Q cQ (Q O 4) (D cQ 4) (D cQ k X O O O X (D X (D 0) M CD 2 (D (D CD CD (D CD p y .a.' 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O 0o 00 W A cW0 0 00 w cn A m 0 00 Q i rn (D i W 00 (IS (A (fl W cn (WO N O 0) (D (.O O O O cn cn 00 A (A O -4 A A al rn (o (n A du d) N 7I M —I N N O 0o Cn (n cn (A A 00 O O 4 00 —I 00 N (n (IS (A (IS A O j O v -I C))0 (A -I v (.O N O 00 W co (D W v v (D O O 00 q A --1 (D v W W CO —1 01 N 00 (n(n 000�INC09 rC) of D C) C D -- S CD a -u D � 7 0 ch (D D Q �1 O Cn D Om D Z m-n cn Z .a � L� vm�n 0ccv m m��_ g v X n X n = =i D N m Z < o t/) cn LA 90 z Attachment 2 to 2020 RRM Staff Report Bill Impact Z N� O . m p m A d1A00 S a5:0 A AAOOm o. nn0 0 �1 Ax100 a nam A ]J 5. 000 riRmnA ti�mmm'"o -qq1a mNm C o �=° m1°^�R 0 m 1�N^� �'^ o T n n 3 4 003 m N g r 9 W 0 3 3 m 9 0 W 3 3 g ry m 6i J W X 0 0 —W xM'j X 0 0 m. A w m A l u m 0� omi w obi A u w m �, ga N 33a0 m 33 Tro N 33 j1a m D m m m D m '° m D m m m D m m V V V J V V momN W N fA b+ N 000 000 000 000 1� -n 000 A 000 7171m mm M(1N 71 m m mm TTT a O W. W X XXX X XXX X XXX X XXX pMf»Fx Q fnww 0 En fww O tnuw V 000 V O O J OO 000 V O O O pO � a e'x'm �o� wow wow n n n n It EA M n n n fA n n n n !A It fA n n n M Cpp C O W N !O W O N V W .JP UI W A A Oai W~ O W W !a N W V V W 6 V N w J J O N a V O W W W O mI W M M W N fA fA m m O 0 (� n V N W A (WJ A d W W V+ O 4 N tJ W W W N N m fW0 4 0 W A W O m W 0 0 b m 3 pia m�D � y0 m � M < A�Z m Zr� O0� 00 L1m0 D O m O OWE 3zo m - L4 A y % WWO �mp5 W m y 2 w W N�Ob� V NA Nm0(m001 V W NAtN+IN�O(pOm V m NA W Np 0 W V m OI W S MO000! A X0000 c ]1 .ZI000Oy 0 0 0 C A a1A0000 n g a 0 0 0 c A .A a ¢& 0 0 0 c g a 0 0 0 g a �"Tllo n.333.33 m E_TQCOi 3Rm C C O T 3 m -1 (ll C C O 335,S g'�ST o A y Sr IT 0 (01 -353 8 ?L 0. - 0 8 w �^v�°�� v_,00033 �°s>>>3 A ...3 01 ; ro ..... 0 0 0 m x�ss �13W W d m d m OJ d d d m y m➢ d ... W W➢ m d d m y � l0 m'lo � r31o� C A m S SS O O p p O A O A p O p O W W O p A W W O W W W O W W W O M N fA N a 3333 w 33�3 � �3��3 � 33333 N cCC- N y 1 y y c � c c c c c c c c c c c CCCCC (pm J W m IO x X X X X X X X X X X X X X X X X X X X X X fq M(AN Q MfA fAN p NMfA fAM p MNMf9W V J V V OpOOO OOIO�O Op�OOO Opp 0 Op ���II pOp NONO�l W 11 II II II 11 W II H 11 II It II M II II 11 11 11 11 d1 11 b1 11 II II II 11 fA p W C J C I((V�� iOm mN W' !O V W mNppWp� WNm MO N J N+ N W N V? w w 3 tNO J m WwA (NJIV DOO^ Of JIOO» A00^ N N fA M M i/l 9 O 'O 0 A p r N + J W (NJ U I Ol m O 1W m1� Op l .-.Moo 1p�� V A W N A W 4 (O O A 011 lJ N V A . mA� mwoo [mJ0 V A moo W m 0 0 d d m o Attachment 3 to 2020 RRM Staff Report RRM Monthly Savings Over GRIP and DARR Rates ATMOS ENERGY CORP., MID•TEX DIVISION RESIDENTIAL AVERAGE RATE COMPARISON TEST YEAR ENDING DECEMBER 31, 2019 ACSC DARR ATM Environs Settled Filing Filing Filing Cust Charge $20.25 $23.75 $26.40 $24.60 Monthly Ccf 44.5 44.5 44.5 44.5 Cons Charge $0.26651 $0.19336 $0,14846 $0.18653 Average Mo Bill $32.11 $32.35 $33.01 $32.90 -$0.24 -$0.90 -$0.79 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of , Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a RESOLUTION NO. substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid -Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2020 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants' Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and 2 RESOLUTION NO. WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid -Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. 3 RESOLUTION NO. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General RESOLUTION NO. Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEXAS, BY A VOTE OF TO , ON THIS THE DAY OF , 2020. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 2557/32/8108360 Mayor 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of , Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly -situated cities served by Atmos Mid -Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a RESOLUTION NO. substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system -wide cost of serving the Atmos Mid -Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid -Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and WHEREAS, ACSC coordinated its review of the Atmos Mid -Tex 2020 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid -Tex of $90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant -in-service is reasonable; and WHEREAS, with the exception of approved plant -in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants' Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and 2 RESOLUTION NO. WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS, the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid -Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of $90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid -Tex within the municipal limits arising from Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant -in-service to be reasonable, ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Section 4. That the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid -Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. 3 RESOLUTION NO. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid -Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid -Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General RESOLUTION NO. Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEXAS, BY A VOTE OF TO , ON THIS THE DAY OF , 2020. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 2557/32/8108360 Mayor 5 Exhibit A to 2020 RRM Resolution or Ordinance Mid -Tex Tariffs Effective December 1, 2020 MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: R— RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12101/2020 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 20.25 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 20.30 per month Commodity Charge —All Ccf $0.26651 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Pan (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2020. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: C— COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 1210112020 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 54.50 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 54.52 per month Commodity Charge — All Ccf $ 0.11728 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ' Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2020. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: 1- INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12101/2020 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4157 per MMBtu Next 3,500 MMBtu $ 0.3044 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0653 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaits Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: 1— INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID•TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or aRer 12101/2020 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 1210112020 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customers agent at one Point of Delivery for use in Customers facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4157 per MMBtu Next 3,500 MMBtu $ 0.3044 per MMBtu All MMBtu over 5,000 MMStu $ 0.0653 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customers monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customers receipt quantities for the month. MID-TEX DIVISION ATMOS ENERGY CORPORATION RRC Tariff No: RATE SCHEDULE: T-TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12101/2020 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plafts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common' price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA— WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 1210112020 PAGE: Provisions for Adiustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one -hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NOD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA= WNAF, x qu Where qu is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12101/2020 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heatuse Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.73 0.1545 94.79 0.7284 Austin 9.53 0.1489 211.76 0,9405 Dallas 15.77 0.1792 199.74 0.9385 Waco 9.99 0.1341 145.27 0.7110 Wichita 11.61 0.1402 120.34 0.5747 Falls Weather Normalization Adiustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Exhibit B to 2020 RRM Resolution or Ordinance Mid -Tex 2020 Benchmark for Pensions and Retiree Benefits NN NN r (J N+ 2 o_ WNW. ^^^ H m m m m O C T Ov T qm C T 0 N`c m i� m O mw' F vim Sma T n xm'm v �6 c gK`.m e Am o o mP wx x�_ ? $ �- ^'mmm m mm�n so�� v a-6 m n3 c N n T _ N o J Nff m n Bm NO p 3p m O m 6 3 o o 3. 5 ? �rt'ooW d B o m 3 - ^ C ry K m n o 8 N c 3 m m ro g W 9 0 .mn. Scan o n m 3 w 55 w q9 .�.y9 N J � � � � N p p (J W m^ v 5 op O V N N b fgp�0 O 1gp0 fAil T y = 7 9 W (Q�1N ' 71 N N W 0 W A a a m 33n a W az9 _m W Q m R� 9 <C N� boo g� mm J WpW i�s� VA J..r T_y �� 0 OI q PP Wy�y 0w m a EP a a m a OA001 > � z O N D 2 m 0 g wm� A55w > mz a Amz '0K ino " 3M Z3 To MAIX W 02 �A< Np O N °mi w a y$ r Exhibit C to 2020 RRM Resolution or Ordinance Mid -Tex 2020 Schedule for Amortization for Regulatory Liability ATMOS ENERGY CORP., MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31, 2019 AMORTIZATION OF REGULATORY LIABILITY Line No. Year Ended Dec. 31 Beginning of Year Rate Base Adjustment Amount Annual Amortization (1) End of Year Rate Base Adjustment Amount (2) Corrected Balance for December 31, 2017 (3) (a) (b) (c) (d) (a) 1 2017 $ - $ 292,268,881 $ 292,268,881 2 2018 292,268,881 12,075,562 280,193,319 3 2019 280,193,319 12,085,165 268,108,155 4 2020 268,108,155 11,171,173 256,936,982 5 2021 256,936,982 11,171,173 245,765,809 6 2022 245,765,809 11,171,173 234,594,635 7 2023 234,594,635 11,171,173 223,423,462 8 2024 223,423,462 11,171,173 212,252,289 9 2025 212,252,289 11,171,173 201,081,116 10 2026 201,081,116 11,171,173 189,909,943 11 2027 189,909,943 11,171,173 178,738,770 12 2028 178,738,770 11,171,173 167,567,597 13 2029 167,567,597 11,171,173 156,396,424 14 2030 156,396,424 11,171,173 145,225,251 15 2031 145,225,251 11,171,173 134,054,077 16 2032 134,054,077 11,171,173 122,882,904 17 2033 122,882,904 11,171,173 111,711,731 18 2034 111,711,731 11,171,173 100,540,558 19 2035 100,540,558 11,171,173 89,369,385 20 2036 89,369,385 11,171,173 78,198,212 21 2037 78,198,212 11,171,173 67,027,039 22 2038 67,027,039 11,171,173 55,855,866 23 2039 55,855,866 11,171,173 44,684,692 24 2040 44,684,692 11,171,173 33,513,519 25 2041 33,513,519 11,171,173 22,342,346 26 2042 22,342,346 11,171,173 11,171,173 27 2043 11,171,173 11,171,173 (0) 28 29 Revenue Related Tax Factor 7.16% See WP F-5.1 Revenue Related Taxes on Annual Amortization' Tax 30 Amortization $ 799,924 Factor 31 Amortization Including Revenue $ 11,971,097 Amortization + Taxes 32 33 Notes: 34 1. The annual amortization of a 26 year recovery period is based on the 35 Reverse South Georgia Method. 36 2. The Regulatory Liability is recorded to FERG Account 253, Sub Account 27909. 37 3. This is the final Mid -Tex liability balance filing the Fiscal Year 2018 tax return. THE CITY OF Anna AGENDA ITEM: Item No. 6.j. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Greg Peters Approve a Resolution authorizing the City Manager to execute a roadway impact fee reimbursement agreement with LGI Homes - Texas, LLC for the construction of Rosamond Parkway. (Director of Public Works, Greg Peters) SUMMARY: This item is for the approval of a roadway impact fee reimbursement agreement by and between the City of Anna and LGI Homes - Texas, LLC for roadway improvements to Rosamond Parkway in front of the new Shadowbend residential development. LGI is currently developing property at the northwest corner of State Highway 5 and Rosamond Parkway for the new Shadowbend residential development. As a part of this project LGI will be constructing Rosamond Parkway along the frontage of this phase of the project. Rosamond Parkway is shown on the Master Thoroughfare Plan as a major collector, and is included in the City's Impact Fee Study and Capital Improvement Plan. As such, the developer is to be reimbursed Roadway Impact Fees in an amount consistent with the cost of constructing public improvements on Rosamond Parkway. This agreement allows the City to achieve improvements to a major transportation CIP project in Rosamond Parkway, which is included as a Major Project under Goal 2 of the Strategic Plan for the City of Anna. aIZ/_1ki1;4/_1>lIJil7_T"6 Roadway Impact fees reimbursed to the developer will only come from the fees collected from homes built within their development. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2 - Sustainable Anna Community Through Planned, Managed Growth. STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Resolution - Shadowbend 2. Roadway Impact Fee Reimbursement - Shadowbend - Final APPROVALS: Greg Peters, Director of Public Works Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS RESOLUTION NO. 2020- - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND LGI HOMES - TEXAS, A TEXAS LIMITED LIABILITY CORPORATION, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, LGI Homes - Texas is seeking to construct public infrastructure related to Shadowbend Subdivision Phase 1, and; WHEREAS, as a key component of the development of Shadowbend Subdivision Phase 1 it is necessary to make improvements to Rosamond Parkway, and; WHEREAS, Rosamond Parkway is shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as a future Major Collector Street, and; WHEREAS, improvements to Rosamond Parkway are eligible for impact fee reimbursement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby authorizes the City Manager to execute the roadway impact fee agreement as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of 20_ APPROVED: Nate Pike, Mayor ATTEST: Carrie Land, City Secretary EXHIBIT "A" ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR SHADOWBEND SUBDIVISION PHASE 1 ROSAMOND PARKWAY This Roadway Impact Fee Reimbursement Agreement for Shadowbend Phase 1 Rosamond Parkway (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and LGI Homes — Texas, LLC, a Texas limited liability corporation (the "Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and WHEREAS, Developer represents and warrants that it owns and desires to develop certain real property in Collin County, Texas, composed of approximately 57.64 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS City Acceptance Date has the meaning ascribed to that term in Section 3(a). Cites means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Collected Roadway Impact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Commence Construction shall have the meaning that the City has approved the engineering plans, held a pre -construction meeting with the Developer and contractor, and the contractor has mobilized equipment to the Roadway Project. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Page 1 Developer's Construction Cost, with respect to the Roadway Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Roadway Project at the time of full and final completion, dedication and acceptance of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit E. City inspection fees shall not be included in Developer's Construction Cost. Final Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of $338,176.77 or the Developer's Construction Cost. Additional costs eligible for reimbursement shall be limited to documented City -approved change orders provided in writing by the Developer as approved by the City Manager or his/her designee. Impact Fee Reimbursement Property means real property as defined in Exhibit B, from which collected Roadway Impact Fees shall be eligible to be reimbursed upon development. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Property_means Shadowbend Phase 1 as defined in Exhibit A. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Rosamond Parkway Roadway Improvements generally described, without limitation, as the installation of concrete road paving generally depicted in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project, and before the City has accepted the Roadway Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer's Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer's Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld) or a longer period of time if the City Manager reasonably requests additional evidence of the Developer's Construction Cost. Upon approval of Developer's Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 2 (b) Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of Developer, Developer or Developer's contractor(s), as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer and/or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims of any nature whatsoever which might arise or grow out of or otherwise relate to the Roadway Project and any related construction contracts, whether caused by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A- I" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non - renewal or modification. (e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND AGREES TO DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 3 (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SECTION 4 PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and complete the Roadway Project in a good and workmanlike manner and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Roadway Project. Developer shall commence construction in accordance with the definition in Section II "Commence Construction" on or before July 31, 2021. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Impact Fee Reimbursement Property as described in Exhibit B at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interest -bearing Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 4 account. The City shall reimburse Developer up to the lesser of $338,176.77 or the Developer's Construction Cost in the aggregate on a quarterly basis (the "Reimbursement") commencing on same quarter of the City Acceptance Date. The City shall provide the Reimbursement to Developer quarterly until the Final Reimbursement Amount has been paid in full. The Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on September 30 in the tenth year after the City Acceptance Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportuni , to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 5 default, subject to the cure period described herein, the non -breaching Parry will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 I I I N. Powell Parkway Arena, TX 75409 If to Developer: LGI Homes — Texas, LLC Attn: Elaine Torres Officer 1450 Lake Robbins Drive The Woodlands, TX 77380 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 6 (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway - Page 7 LGI Homes — Texas, LLC., a Texas limited liability corporation By: LGI Homes — Texas, LLC., a Texas corporation, its general partner Name: Elaine Torres Title: Officer IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of , 2020, personally appeared Elaine Torres, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Signature Page CITY OF ANNA Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2020, personally appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Signature Page ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B — Impact Fee Reimbursement Property Exhibit C — Roadway Project Exhibit D — Breakdown of Costs Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Attachments EXHIBIT A The Property WNH MLI 3;ON se&ka i :�idEs s E.aR 2 IN £ d re 34 0 5 q S _ iiffl .e te.: 1i IR; 45a. 79 sc _•K c r.,. 3S 1 1 Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway — Exhibit A OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF COLON WHEREAS, LGI HOMES -TEXAS, LLC 19 the Owner of a tract of land, studied In J.C. Brantley Survey, Abstract No. 114, City of Anne, CoIIIn County, Texas, and being a portion of a tract of land described in deed to LGI HOMES -TEXAS, LLC, and recorded 1n Instrument No. 2019082DOOlOD9780 of the Official Public Records of Call County, Texas {O.P.R.C.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found U2-€neh iron rod at the intersection Of the north light of way line of Rosamond Parkway (a 60 foot wide fight of way dedication) as shown on the final plat of Anna ISD Pork Addition, do addition to the City of Anna. Conin County, Texas recorded in Volume 2006, Page 326, P.R,C-C-T„ and the west right of way line Of Siote Highway Number 5 (a 10) foot wide tight Of way) a$ recorded in Volume 301, Page 168 of the Deed Records of Colfin County, Texas D.R.C.C.T., some point being the southeast comer of a tract of land described in a deed to Craig Curry (295%interest), Frisco Platinum 4S&C, LP (29.5% interest), and Buxton Partners, LTD. (11.5%Interesq, retarded in Instrument No.201605190D0615390 of the O.P.R.C.C.T, also being described in a deed to Four Quarters Enterprises, LTD. (22.5% Interest), recorded In Instrument No. 201702D7000173060 of the O.P.R.C.C.T, also being a point on the south line of said J.C. Brontlery-Survey; THENCE, South 88 degrees 41 minutes 02 seconds East, along the south fine of said Curry, Frisco Platinum, Buxton Partners, and Pour Quarters Enterprises tract, the south line of said J.C, Brantley Survey, and the north right of way line of said Rosamond Parkway, a distance of 1147A7 feet to a found 1124nch iron rod with yellow, cup stamped "PAPE DAWSON" for the southeast comer of said LGI Homes tract and the POINT OF BEGINNING; THENCE, North 88 degrees 41 minutes 02 seconds West. Continuing along the north right of way line of Rosamond Parkway, along the south line of the J.C, Brantley Survey, and the south fine of said LGI Homes tract, a distance of 986.01 feet to a set 1/2-inch iron rod with yellow cap stamped "PAPE DAWSON"; THENCE, departing the north line of Rosamond Parkway and the south line of the J.C. Brantley Survey, over and across said LGI Homes tract the following coursesond distances: North 01 degree 06 minutes 12 seconds East, a distance of 150.26 feet to a set 1/2-1nch iron rod with yellow cap stamped "PAPE DAWSON"; North 36 degrees 54 minutes 17 seconds East, a distance of 120.38 feet to a set 1/2-fnch Iron red with yellow cap stamped "PAPE DAWSON"; North 01 degree 59 minutes 34 seconds East, a distance of 184.53 feet to a set 1/2-inch iron rod with yellow cap stomped "PAPE DAWSON"; North 88 degrees 36 minutes 36 seconds West. a distance of 120.00 feet to a set 112nch iron rod with yellow cop stamped "PAPE DAWSON": North 01 degree 23 minutes 24 seconds East, a distance of 96.50 feet to a set 112-inch Iran rod with yellow cap stamped "PAPE DAWSON"; North 88 degrees 36 minutes 36 seconds West, a distance aF 50.00 feet to a set 112inch iron rod with yellow cop stomped "PAPE DAWSON", North 01 degree 23 minutes 24 seconds East. a distance of 20.50 feet to a set 1 /&inch iron rod with yellow cap stamped "PAPE DAWSON": North BB degrees 36 minutes 36 seconds West, a distance of 20.50 feet to a set 1124nch Iran rod with yellow cap stamped "PAPE DAWSON": North 01 degrees 23 minutes 24 seconds East, a distance at WM feet to a set 1124nch iron red with yellow cop stamped "PAPE DAWSON"; South 88 degrees 36 minutes 36 seconds East, a distance of 20M feet to a set 1 /2inch iron rod with yellow cop stamped "PAPE DAWSON": North Ol degree 23 minutes 24 seconds East, a distance of 234.00 feet to a set 1/2-Inch Iran rod with yellow cap stamped "PAPE DAWSON": North 86 degrees 36 minutes 36 seconds West, a distance of 20.50 feet to a set 1/24nch iron fad with yellow cap stomped "PAPE DAWSON"; North Ol degree 23 minutes 26 seconds East, a distance of 50.00 feet to a set 1/2-inch iron rod with yellow tap stamped "PAPE DAWSON"; North 88 degrees 36 minutes 36 seconds West, a distance of 96.50 feet to a set 1 /2-Inch Iron rod with yellow cap stamped "PAPE DAWSON"; North DI degree 23 minutes 24 seconds East, a distance of 807.00 fee] to a set 1/2-inch iron red with yellow cap stamped "PAPE DAWSON" on the north fine of said LGI Homes tract, same being the south line of Meadow Ridge Estates Phase Two, on addition to the City of Anna, Collin County, Texas recorded In Volume R. Page 196 P.R.C.C.L; THENCE, clong the north line of LGI Homes tract, the south line of said Meadow Ridge Estates Phase Two, and along the south line of Meadow Ridge Estates Phase One, an addition to the City of Anna, Collin County, Texas recorded in Volume P, Page 63 P.R.C.C.T. South 88 degrees 36 minutes 36 seconds East a distance of 1721.90 feet to a found 5/8-inch iron rod with pink plastic cap stamped "TXDOr' on the proposed west right of way line of State Highway Number 5 (a variable width right of way) per Parcel 274 as shown on a parcel plot surveyed by Bryan K. Kid (CP & Y, Inc.), dated July, 2B, 2017, and as shown In Notice of Lis Pandens, recorded In Instrument No. 20190603000626360 O.P.R.C.C.T.; THENCE, South 22 degrees 11 minutes 36 seconds East, along the proposed west right of way fine of State Highway Number 5, a distance of 55172 feet to a set 1/2 Inch Iron rod with yellow cap stamped "PAPE DAWSON; THENCE, departing the proposed west right of way line of State Highway Number 5, and along the easterly lines of said LGI Homes tract, the Following courses and distances; South 68 degrees 56 minutes 25 seconds West, a distance of 294.03 Feet to a set 1/24nch Iron rod with yellow cap stamped "PAPE DAWSON"; South 22 degrees 38 minutes 30 seconds East, a distance of 290.32 feet to a set 112-inch iron rod with yellow cap stamped "PAPE DAWSON"; South 67 degrees 26 minutes 31 seconds West a distance of 217.73 feet to a set 1124nch iron rod with yellow cap stamped "PAPE DAWSON", and being the beginning of a non -tangent curve to the right having a radius of 629,07 Feet, a control angle of 15 degrees 09 minutes 39 seconds, and being subtended by a 165.97 foot chord which bears South 74 degrees 56 minutes el second West: Along said C^e to the right, on Orr distance Of 166.46 feet to a set 1 /24rrth iron rod with yellow plo$fi0 Cop Stomped "PAPE DAWSON", and being the beginning of a non -tangent curve to the right having a radius of 630.21 feet, a central angle of 43 degrees 49 minutes 37 seconds, and being subtended by a 470.39-foot chord which bears South 31 degrees 10 minutes 35 seconds West; Along said curve to the right, on arc distance of 452.06 feet to a set 1124nch iron rod with yellow plastic cep stamped "PAPE DAWSON"; SMth 00 degrees 23 minutes 16 seconds West, a all had Of 262.82 feet to the POINT OF BEGINNING, and CONTAINING 57.64 Of on Ames or 2,510,794 Square Feet of land more or less. and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70115-01 by Pape Dawson Engineers, Inc. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway — Exhibit A EXHIBIT B Impact Fee Reimbursement Property < L)� ., 1 E8 a d€ °fig ipp �g 14 O 0000 I lmm000moiiiiimml milli � F i l _ a � � NINE Ell I 1 it J o0 n 1 11 At - w ooe •a¢wx 1 SE�'� d It Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway — Exhibit B EXHIBIT C The Roadway Project Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway — Exhibit C lsVNNV Sw"MISPN3 MI NOSMYQ'3dMd S11V130 N011W d1SNOO LN303AVd JOWO SVX31 `VNNV 3O "0 l 35VHd - CIN29MOOVHS Md. ff Ps lip ik 9 R � Ei wiIRAI '�< f Y Ii° !—PI ��• � �Hi it 7 i�9 IY� �� A F4 T4 h i F r Roadway Impact Fee Reimbursement Agreement Shadowbend Phase I Rosamond Parkway — Exhibit C EXHIBIT E Breakdown of Costst ROSAMOND PARKWAY IMPROVEMENTS PAPE-AAIV ENGINEERS�►NeeR S0�rs PROJECT NAME: Shadowbend, Phase 1 LOT CO IJ NT: N/A CITY: Anna, Texas GROSS ACRES: 1.7 J08 NUMBER: 70115-01 EARTHWORKA. e Item Description Quantity Unit Unit Prle 1 To iAmouM Site Preparation 11 Acre $ 343.00 $ ssa to Excavation, unclassified 2,680 Cubic Yard $ 2,91 $ 5,11h. 80 Subtotal- Farthmok Improvements $ 5,701.90 STORM Item 1p_criptba Quantity Unit Unit price T.WAmuunt 24-Inch Reinforced Concrete Pipe (RCP), C75, Class III 7 Linear Foot $ 75.09 $ 53263 36-Inch Re'mf—d Concrete Pipe (RCP), C76, Class III 45 Linear Foot 5 121,07 $ 5,448. 15 6-Ft K 5-Ft Reinfcrmd Concrete Box (RCDj, C76, Class III 128 Linear Foot $ 397.18 $ 50,839.04 9-Ft x 4-Ft Reinforced Concrete Box (RCB), C76, Class III 11 Lmear Foot $ 397.18 $ 4,368,93 Standard 15-Foot Recessed Curb Inlet 1 Ea Ch $ 4,194.53 $ 4,194. 53 15-Ft x 5-Ft Manhole/Junction Box, Complete in Place 1 Each $ 11,883,92 $ 11,883,92 36-inch TxDOT SW-0 Headwall, l Pipe 1 Each $ 2,842.71 $ 2,842,71 Remove Headwall, Connect to Existmg(2) brX5, RC3 1 Each $ 1,785.14 $ 1,785, 14 Inlet ProteLTicn 1 Each $ 357.50 $ 357.5D Trench Safety 127 Linear Foot $ C.11 $ 13,97 Subtotal- Storm Sewer fmprovements $ 82,266.57 E. PAVING IMPROVEMENTS Item Oeacriptfnn 0—n ty Unit Unit Price TotalA.—t 8-Inch Thick Reinforced 4,000 psi Concrete Street Pavement with6inch Monolithic Curb 3,365 Square yards $ 41.30 $ 139,974. 50 6-Inch Thick li me Treated Subgrade 3,753 Square yards $ 300 $ 11,259.00 Hydrated Llme(36 lb/sy for 6-inch) 58 Ton $ 191,00 $ 12,988,00 5-Foot Sidewalk By Developer(4-Inch Thickl 372 Square Yards $ 46.90 $ 17,446,80 Barrier Free Ramps 2 Each $ 1,800.00 $ 3,600,00 Street Light 3 Each $ 11,DDD.00 $ 33,000.00 Type III Barricade 3 Each $ 1,550.00 $ 4,950,00 4" White Pavement Striping 90 Linear Foot $ 2.00 $ 180,00 8" White Pavement Striping 700 Linear Foot $ 2,70 $ 1,890,00 Lane Legend "Left Arrow" 2 Each $ 26C.00 $ 520,00 Lane Legend "Only" 1 Each $ 300.00 $ 30C.00 Sawcut& Connect to Existing Concrete Pavement 400 Linear Foot $ 26.00 $ 10,400,00 Subtotal - Paving Improvements $ 235,508.30 G. MISCELLANEOUS Item Description Quorrtiiy Unit Unit Prle To IAmnurrt Construction Staking 1 Sum $ 12,000.00 $ 12.000.00 Traffic Control 1 Sum $ 2,700.00 $ 2.700,90 Subtotal - MisrePlan— $ 14,700.00 ROSAMOND PARKWAY IMPROVEMENTS SUMMARY A, EARTHWORK IMPROVEMENTS $ 5,701.90 B. SANITARYSEWER IMPROVEMENTS $ C. STORM SEWER IMPROVEMENTS $ 82,266.57 D. WATER IMPROVEMENTS $ E. PAVING IMPROVEMENTS $ 235,508.30 F. RETAINING WALLS $ - G. MISCELLANEOUS $ 14,700.00 GRAND TOTAL: $ 338,176.77 I Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. Roadway Impact Fee Reimbursement Agreement Shadowbend Phase 1 Rosamond Parkway — Exhibit E THE CITY OF Anna Item No. 6.k. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: AGENDA ITEM: Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: Staff recommends approval casting the vote on behalf of the City of Anna for all incumbents as published. ATTACHMENTS: 1. TML IRP Election 2020 APPROVALS: Jim Proce, City Manager Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 OFFICIAL BALLOT Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election This is the official ballot for the election of Places 1— 4 of the Board of Trustees for the Texas Municipal League Intergovernmental Risk Pool. Each Member of the Pool is entitled to vote for Board of Trustee members. Please record your organization's choices by placing an "X" in the square beside the candidate's name or writing in the name of an eligible person in the space provided. You can only vote for one candidate for each place. The officials listed on this ballot have been nominated to serve a six -year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. The names of the candidates for each Place on the Board of Trustees are listed in alphabetical order on this ballot. Ballots must reach the office of David Reagan, Secretary of the Board, no later than September 30, 2020. Ballots received after September 30, 2020, cannot be counted. The ballot must be properly signed, and all pages of the ballot must be mailed to. Trustee Election David Reagan, Secretary of the Board P.O. Box 149194 Austin, Texas 78714-9194 If the ballot is not signed, it will not be counted. Page 1 of 6 PLACE 1 Robert T. Herrera (Incumbent). City Manager, City of Cibolo (Region 7) since 2012. Mr. Herrera served as City Manager of Hondo, Texas from 2003 to 2012 and as City Manager of La Porte from 1986 to 2002. He has served other Texas cities, including management positions with the cities of San Marcos, Missouri City, and Woodway. Mr. Herrera has been a Board member of the TML Intergovernmental Risk Pool since 1993 and has served as Chair and Vice Chair of the Board. He also served as Chair of the Finance -Information Technology Committee and the Underwriting -Claims Committee of the TML Intergovernmental Risk Pool. WRITE IN CANDIDATE: Page 2 of 6 PLACE 2 Chris Armacos. City Commissioner for the City of Hitchcock (Region 14). Mr. Armacos is Director of Technology, Transportation, Facilities, and Operations for the Hitchcock Independent School District. He serves on the Hitchcock Education Foundation and Hitchcock Chamber of Commerce. He is the president of the Hitchcock Little League Baseball Association and coached several teams. Mr. Armacort has been awarded the Hitchcock Chamber President Award and the Above and Beyond Citizen Award from the Hitchcock ISD. He has obtained a Certified Municipal Official certification from TML. ince 2019 and from John W. (Buzz) Fullen (Incumbent). Mayor of the City of Henderson s 2004 to 2012 (Region 15). Mr. Fullen also served as a Commissioner of the Henderson Housing Authority from 2011 to 2019 and is now ex-officio on same. He currently serves on the Henderson Main Street Board (2004—present), Henderson Civic Center Board (2003— present), and the Henderson ETMC Hospital Diabetes Board (2009—present). He has been a Board member of the TML Intergovernmental Risk Pool since 2010, during which time he served as Chair (201 &2020) and Vice Chair (2016-2018). WRITE IN CANDIDATE: Page 3 of 6 PLACE 3 George Hyde. City Attorney for the City of Watuaga (Region 8). Mr. Hyde is a partner in the law firm Russell Rodriquez Hyde Bullock, LLP, located in Georgetown. He is a member of and holds Merit Certification in Municipal Law from the Texas City Attorneys Association. He has served as City Attorney for ten other cities across Texas, since 2003. He has also served local governments in various public safety positions within Fire Departments, Parks Departments, and Police Departments. During his tenure as a peace officer, Mr. Hyde received the Texas Commission on Law Enforcement Educational Achievement Award for exceeding normal expectations in job performance. Roy E. Maynor. City Alderman, Position 3, for the City of West Columbia (Region 14). He has been an elected official of West Columbia since 2013. Mr. Maynor is a Life Safety Systems Specialist for Vallen Safety Services and a member of Gulf Coast Christian Church. He is also part-owner of Grit Fitness in West Columbia. He and his wife, Rachel, have two children. >(J ffrey Snyder (Incumbent). City Manager for the City of Plainview (Region 2). He eviously served as the Assistant City Manager for Plainview and as the City Manager for alou. Mr. Snyder graduated from West Texas A&M University and obtained a Master of Public Administration from Texas Tech University. He is a member of the International City Management Association (ICMA) and TCMA. He is a graduate of the Public Executive Institute through the University of Texas and is a credentialed manager through ICMA. He has been a Board member of the TML Intergovernmental Risk Pool since 2018 and served on various committees with TML, TCMA and ICMA and as past president of the Panhandle City Management Association. WRITE IN CANDIDATE: _ Page 4 of 6 PLACE 4 qhe bert S. Hauck (Incumbent). City Manager for the City of Tomball (Region 14), a position has held since April 2018. He began his full-time career in public service with the Los geles Police Department in 1988. In 2008, Mr. Hauck retired from the LAPD and joined the City of Tomball, where he has served as Chief of Police, Assistant City Manager, and now City Manager. Mr. Hauck holds a Bachelor of Arts degree in Business Administration, and a Master of Science degree in Management. He has been a Board member of the TML Intergovernmental Risk Pool since 2019. Mr. Hauck and his wife Kathleen have three children — Lauren, Conner, and Madeline. Dave Martin. City Councilmember and current Mayor Pro Tem for the City of Houston mmi (Region 14). Mr. Martin serves as Chair of the City Council Budget and Fiscal Affairs Committee. He previously served on the Humble ISD Board of Trustees and as Secretary/Treasurer of the Board of Directors for the Harris County Houston Sports Authority. Mr. Martin is a Managing Director of Marsh & McLennan Companies, Inc., the largest Global Risk Management firm. Previously he worked for two "Big Four" accounting firms, PricewaterhouseCoopers, LLP and Ernst & Young, LLP. Kimberly Meismer. Executive Director for General Operations for Kerrville (Region 7), overseeing Human Resources, Municipal Court, Public Library, Public Information, the Senior Services Advisory Committee, and the Kerrville Area Youth Leadership Academy. Ms. Meismer has over 23 years of public service, which includes serving Kerrville and La Porte. She is a member of the TCMA, International Public Management Association for Human Resources (IPMA-HR), Society for Human Resource Management (SHRM), and is a former President of the Bay Area Human Resource Management Association. She has a Master's degree in Public Administration and is an IPMA-HR Senior Certified Professional and a SHRM Certified Professional. Sean Overeynder. City Manager for the City of Lamesa, Texas (Region 3). Sean Overeynder began his career in local government administration in August 2014 in Economic Development, working for various public and private organizations. He has held the position of City Manager for the City of Lamesa since March 2020. Prior to becoming the City Manager, he was appointed as the Economic Development Director for the City of Lamesa on August 27, 2018. WRITE IN CANDIDATE: Page 5 of 6 Certificate I certify that the vote cast above has been cast in accordance with the wit, of the majority of the governing body of the public entity named below. Witness my hand, this day of Signature of Authorized Official Printed Name of Authorized Official Printed Name of Political Entity Page 6 of 6 Title 2020. THE CITY OF manna AGENDA ITEM: Item No. 7.a. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Alan Guard Consider/Discuss/Action approving the purchase of a Software As a Service (SAsS) agreement for Enterprise Resource Planning (ERP) software from Tyler Technologies, Inc of Yarmouth, ME in the amount of $101,476, and authorize the City Manager to sign the agreement. (Interim Finance Director, Alan Guard) SUMMARY: The City has been using ASYST software for financial accounting and utility billing since 2004. Other software systems are used throughout the organization for other functions such as budget and Municipal Court. The City has outgrown the ASYST software in a number of areas and Accounting has had to resort to spreadsheets in order to create reports that the Council and management depend on to make decisions. Tyler Technologies provides Incode, an Enterprise Resource Planning (ERP) system that can integrate most municipal functions into a single platform and interface (for financial transactions) other software systems that are specific to another City service. Incode also provides a more robust reporting function that will provide real-time information for decision -makers. Other capabilities include electronic purchasing workflow for departments allowing them to better manage their budgets while reducing time and paper in the purchasing process. This is phase I of this conversion that includes the core financials. Future phases will include Utility Billing and Municipal Court. The City Attorney has reviewed and approved the agreement. Funds have been set aside in the Non -Bond Funds Capital Projects Fund for this purchase. FINANCIAL IMPACT: Funds are available in the amount of $101,476 in the Non -Bond Funds Capital Projects Fund (Fund 50). Annual maintenance and support is $24,476 and will be budgeted in future budgets in the Finance Department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve the Resolution and authorize the City Manager to sign the agreement. ATTACHMENTS: 1. Anna, TX SaaS Clean 082420 2. Resolution approving purchase of Incode /_1»:Z@1►%W*3 Alan Guard, Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 • .. t y e . • technologies SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to provide professional services and certain products as part of said services set forth in the Investment Summary, including providing Client with access to Tyler's proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A— DEFINITIONS • "Agreement" means this Software as a Services Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means the City of Anna, Texas. • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. • "Defined Users" means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date by which both your and our authorized representatives have signed the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • tyler • "SaaS Fees" means the fees for the SaaS Services identified in the InvestmentSummary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the service level agreement. A copy of our current SLA is attached hereto as_ Exhibit C. • "Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit D. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as_ Schedule 1 to Exhibit C. • "Third Party Hardware" means the third party hardware, if any, identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party Services" means the third party services, if any, identified in the Investment Summary. • "Third Party Software" means the third party software, if any, identified in the Investment Summary. • "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • "we "us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download. 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount • tyler of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaSServices. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process. 6. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. Upon execution of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same information. 6.2 You will be hosted on shared hardware in a Tyler data center or in a third -party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. 6.3 Our Tyler data centers have fully -redundant telecommunications access, electrical power, and • tyler the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 6.5 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.7 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned Data. 6.8 We provide secure Data transmission paths between each of your workstations and ourservers. 6.9 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 6.10 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official • tyler 4 Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C —PROFESSIONAL SERVICES 1. Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. S. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re -perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products. 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. • tyler 8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation -related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); 9.2 provide support during our established support hours; 9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 9.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third - party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as • tyler I• listed in our then- current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. SECTION D—THIRD PARTY PRODUCTS Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms. 3. Third Party Products Warranties 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. • tyler SECTION F —TERM AND TERMINATION Term. The initial term of this Agreement is five (5) years from the first day of the first month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then -current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3). 2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement uponthirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 2.5 Fees for Termination without Cause during Initial Term. If you terminate this Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this Agreement during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: a. if you terminate during the first year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term; b. if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 15% of the SaaS Fees then due for the remainder of the initial term; and • tyler c. if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the SaaS Fees then due for the remainder of the initial term. SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense • tyler or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON ATHEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION H — GENERAL TERMS AND CONDITIONS Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming 10 aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination; No Boycott. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. We do not boycott Israel and will not boycott Israel during the term of this Agreement. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Maieure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the • tyler 11 estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullestextent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. At no time shall you have control over any of our work or services provided under this Agreement, nor the means, methods, techniques, sequences or procedures utilized by us to perform such work or services. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security • tyler 12 numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the lawsof Texas, without regard to its rules on conflicts of law. Venue for any litigation arising out or any way related to this Agreement shall be in a state or federal court of competent jurisdiction in Collin County, Texas. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Service Level Agreement Schedule 1: Support Call Process Exhibit D Statement of Work • tyler 13 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. By: Name: Title: Date: Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attention: Chief Legal Officer City of Anna, TX By: Name: Title: Date: Address for Notices: City of Anna PO Box 776 Anna, TX 75409 Attention: • tyler 14 Exhibit A • �••'•• tyler ❖g • 'echnologies Exhibit A Investment Summary The following Investment Summary details the software and professional services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • tyler • •••'•• y t ler ❖ r• • technologies Sales Quotation For City of Anna PO Box 776 Anna, TX 75409 Phone: +1 (972) 924-3325 Tyler Software and Related Services - SaaS Tyler Software Tyler Content Manager Standard Edition (TCM SE) Incode 10 Core Financials Purchasing Fixed Assets Project Accounting Personnel Management (Includes Position Budgeting) Payroll - Electronic Time Clock Interface Employee Self Service (Employee Portal) Other Services Tyler U Hosting Fee Other Services Project Management Three Weeks Additional Training Summary Total Tyler SaaS Total Tyler Services Total Third Party Hardware, Software and Services Summary Total Contract Total 2018-50677-6 -Anna TX - SaaS Quoted By: Quote Expiration: Quote Name: Quote Number: Quote Description John Hardin 6/30/2020 City of Anna - Financials 2018-50677-6 Anna TX - SaaS One Time Fees 32 $4,000 $0 92 $11,500 $11,750 24 $3,000 $0 16 $2,000 $0 12 $1,500 $0 116 $14,500 $7,250 4 $500 $0 32 $4,000 $0 0 $0 $0 0 $0 $0 Sub -Total: $41,000 $19,000 TOTAL: 328 $41,000 $19,000 5 Quantity Unit Price Extended 1 $5,000 $5,000 96 $125 $12,000 TOTAL: $17,000 One Time Fees $0 $77,000 $0 $77,000 $101,476 CONFIDENTIAL Recurring Fees $24,476 $0 $0 $24,476 $2,619 $7,749 $2,090 $897 $1,630 $7,341 $674 $0 $1,476 $0 $24,476 $24,476 1 of 3 $0 $0 $0 Detailed Breakdown of Conversions (Included in contract tota Incode 10 General Ledger Master General Ledger History Accounts Payable Master Accounts Payable History Personnel Management -Payroll Master Personnel Management -Payroll History Optional Tyler Software and Related Services - SaaS MyCivic MyCivic Citizen Engagement MyCivic Citizen Engagement & 311 Bundle Sub -Total: TOTAL: Optional Other Services 8 $125 $1,500 $2,500 16 $125 $1,500 $3,500 4 $125 $1,750 $2,250 16 $125 $1,500 $3,500 4 $125 $2,250 $2,750 20 $125 $2,000 $4,500 Total: $19,000 One Time Fees Impl. Hours. • Data Conversion 0 $0 $0 $3,489 0 $0 $0 $6,688 $0 $0 $10,177 0 $0 $0 5 $10,177 Description 1e Init Price Extended Price Iflaintenance MyCivic Citizen Engagement - Implementation Fee 1 $1,500 $1,500 $0 MyCivic 311 - Implementation Fee 1 $1,500 $1,500 $0 TOTAL: $3,000 $0 2018-50677-6 -Anna TX - SaaS CONFIDENTIAL 2 of 3 Comments - Conversion History for General Ledger, Accounts Payable and Personnel Management is contracted for 3 years + current. - Travel Expenses will be billed as incurred according to Tyler's standard business travel policy. - Core Financials includes general ledger, budget prep, bank recon, AP, Express, CellSense, a standard forms pkg, output director, positive pay, secure signatures (qty 2). - General Ledger conversions include Chart of Accounts - additional fee for historical views. - Accounts Payable conversions include Vendor Master Only - additional fee for historical views. - Travel Expenses are billed as incurred based on our current Business Travel Policy. - Hosting User Fee includes 4 users. Hosting includes Basic Network Services and Disaster Recovery Services. - Personnel Management/Payroll conversions include employee master information. This includes master record, addresses, contact and dependent information, state and federal tax setup, direct deposit information, as well as state specific retirement. Additional fee for historical views. 2018-50677-6 -Anna TX - SaaS CONFIDENTIAL 3 of 3 Exhibit B • ••::•. tyler • technologies Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then -current rates. 2. Other Tyler Software and Services. 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. • tyler Exhibit B 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. 3. Third Partv Products. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading. 3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. 4. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then -current Business Travel Policy, plus a 10% travel agency processing fee. In an effort to not exceed estimated travel costs, we will try to provide 50%-60% of implementation services remotely. In the event additional travel is needed, prior written authorization will be obtained from you prior to any expenses being incurred. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tvlertech.com. • tyler • ••::y16... •tyler technologies Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Exhibit B Schedule 1 The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee's total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee's total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for "Basic Economy Fares" because these fares are non-refundable and have many restrictions that outweigh the cost -savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. •• I. tyler • technologies Exhibit B Schedule 1 2. Ground Transportation A. Private Automobile Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. • tyler Exhibit B Schedule 1 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Day Return before 12:00 noon Return between 12:00 noon & 7:00 p.m. Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfast and lunch Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. • tyler 3 Exhibit B Schedule 1 5. Internet Access— Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the "lowest practical coach fare" with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. • tyler 4 Exhibit C • •••'•• tyler ❖ • technologies Exhibit C Service Level Agreement Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Attainment: The percentage of time the Tyler Software is available during a calendar quarter, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control. Downtime: Those minutes during which the Tyler Software is not available for your use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. III. Service Availability The Service Availability of the Tyler Software is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. a. Your Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support incident number. You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter's end. The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. • tyler 1 Exhibit C Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and support tickets to confirm that Downtime for which we were responsible indeed occurred. We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. C. Client Relief When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA per quarter will not exceed 5% of one quarter of the then -current SaaS Fee. The total credits confirmed by us in one or more quarters of a billing cycle will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis: argeted Attainment Actual Attainment ���MMMLC!ient Relief 1111111 100% 98-99% Remedial action will be taken. 4% credit of fee for affected calendar quarter will 100% 95-97% be posted to next billing cycle 5% credit of fee for affected calendar quarter will 100% <95% be posted to next billing cycle You may request a report from us that documents the preceding quarter's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. V. Force Majeure You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its acceptance of such a request. • tyler 2 • ••::y16... •tyler technologies Exhibit C Schedule 1 Support Call Process Support Channels Exhibit C Schedule 1 Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community— an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) —for less urgent and functionality -based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone — for urgent or complex questions, users receive toll -free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tylertech.com — for accessing client tools and other information including support contact information. (2) Tyler Community— available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates — where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Issue Handling •• I. tyler • technologies Exhibit C Schedule 1 Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler's website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain "characteristics" may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets Support incident that causes (a) Tyler shall provide an initial response to Priority Level 1 complete application failure or incidents within one (1) business hour of receipt of the application unavailability; (b) support incident. Tyler shall use commercially reasonable 1 application failure or unavailability in efforts to resolve such support incidents or provide a Critical one or more of the client's remote circumvention procedure within one (1) business day. For location; or (c) systemic loss of non -hosted customers, Tyler's responsibility for lost or multiple essential system functions. corrupted Data is limited to assisting the client in restoring its last available database. Support incident that causes (a) Tyler shall provide an initial response to Priority Level 2 repeated, consistent failure of incidents within four (4) business hours of receipt of the essential functionality affecting more support incident. Tyler shall use commercially reasonable 2 than one user or (b) loss or corruption efforts to resolve such support incidents or provide a High of Data. circumvention procedure within ten (10) business days. For non -hosted customers, Tyler's responsibility for loss or corrupted Data is limited to assisting the client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to Priority Level 3 existing circumvention procedure, or a incidents within one (1) business day of receipt of the Priority Level 2 incident that affects support incident. Tyler shall use commercially reasonable 3 only one user or for which there is an efforts to resolve such support incidents without the need Medium existing circumvention procedure. for a circumvention procedure with the next published maintenance update or service pack. For non -hosted customers, Tyler's responsibility for lost or corrupted Data is limited to assisting the client in restoring its last available database. • tyler Exhibit C Schedule 1 Priority Level Characteristics of Support Incident Resolution Targets Support incident that causes failure of Tyler shall provide an initial response to Priority Level 4 4 non -essential functionality or a incidents within two (2) business days. Tyler shall use Non- cosmetic or other issue that does not commercially reasonable efforts to resolve such support critical qualify as any other Priority Level. incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone — for immediate response, call toll -free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email — clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Support is able to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. • tyler 3 Exhibit D . ••::•. ty ler . • -rechnoiogies Exhibit D Statement of Work REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ••:;:�. tyier • technologies Statement of Work Tyler Technologies Prepared for: The City of Anna TX Dana Thornhill 111 N Powell Parkway P.O. Box 776, Annat, TX 75409-0776 Prepared by: John Hardin 5519 53rd Street, Lubbock, TX 79414 Tyler Technologies, Inc. www.tylertech.com Revised:7/16/2020 • tyler Table of Contents 1 Executive Summary...............................................................................................................................6 1.1 Project Overview...........................................................................................................................6 1.2 Product Summary.........................................................................................................................6 1.3 Project Timeline............................................................................................................................6 1.4 Project Methodology Overview....................................................................................................6 2 Project Governance...............................................................................................................................7 1.5 Client Governance.........................................................................................................................7 2.1.1 Client Project Manager.........................................................................................................7 2.1.2 Steering Committee..............................................................................................................7 2.1.3 Executive Sponsor(s).............................................................................................................8 1.6 Tyler Governance..........................................................................................................................8 2.1.4 Tyler Project Manager...........................................................................................................8 2.1.5 Tyler Implementation Management.....................................................................................8 2.1.6 Tyler Executive Management...............................................................................................8 1.7 Acceptance and Acknowledgment Process..................................................................................8 3 Overall Project Assumptions.................................................................................................................9 1.8 Project, Resources and Scheduling...............................................................................................9 1.9 Data Conversion..........................................................................................................................10 1.10 Data Exchanges, Modifications, Forms and Reports..................................................................10 1.11 Hardware and Software..............................................................................................................11 1.12 Education....................................................................................................................................11 4 Implementation Stages.......................................................................................................................12 1.13 Work Breakdown Structure (WBS).............................................................................................12 4.1 Initiate & Plan (Stage 1)..............................................................................................................14 4.1.1 Tyler Internal Coordination & Planning..............................................................................14 4.1.2 System Infrastructure Planning...........................................................................................15 4.1.3 Project/Phase Planning.......................................................................................................16 4.1.4 Project Schedule.................................................................................................................17 4.1.5 Stakeholder Presentation...................................................................................................18 2 / 58 00 ••�• �• tyler • technologies 4.1.6 Control Point 1: Initiate & Plan Stage Acceptance..............................................................19 4.2 Assess & Define (Stage 2)............................................................................................................20 4.2.1 Fundamentals Review.........................................................................................................20 4.2.2 Current/Future State Analysis.............................................................................................21 4.2.3 Data Conversion Planning & Mapping................................................................................22 4.2.4 Standard 3rd Party Data Exchange Planning.......................................................................23 4.2.5 Modification Analysis & Specification, if contracted..........................................................24 4.2.6 Forms & Reports Planning..................................................................................................25 4.2.7 System Deployment............................................................................................................26 4.2.8 Control Point 2: Assess & Define Stage Acceptance...........................................................27 4.3 Build & Validate (Stage 3)...........................................................................................................29 4.3.1 Configuration & Power User Training.................................................................................29 4.3.2 Data Conversion & Validation.............................................................................................30 4.3.3 Standard 3rd Party Data Exchange Validation....................................................................31 4.3.4 Modification Delivery & Validation, if contracted..............................................................32 4.3.5 Forms & Reports Validation................................................................................................33 4.3.6 Control Point 3: Build & Validate Stage Acceptance...........................................................34 4.4 Final Testing & Training (Stage 4)...............................................................................................35 4.4.1 Cutover Planning.................................................................................................................35 4.4.2 User Acceptance Testing(UAT)...........................................................................................36 4.4.3 End User Training................................................................................................................37 4.4.4 Control Point 4: Final Testing & Training Stage Acceptance ...............................................38 4.5 Production Cutover (Stage 5)......................................................................................................39 4.5.1 Final Data Conversion, if applicable....................................................................................39 4.5.2 Production Processing & Assistance...................................................................................40 4.5.3 Transition to Tyler Support.................................................................................................41 4.5.4 Schedule Post -Production Services, if applicable...............................................................42 4.5.5 Control Point 5: Production Cutover Stage Acceptance.....................................................43 4.6 Phase/Project Closure (Stage 6)..................................................................................................44 4.6.1 Close Phase/Project............................................................................................................44 4.6.2 Control Point 6: Phase/Project Closure Stage Acceptance.................................................45 5 Roles and Responsibilities...................................................................................................................46 3 / 58 00 ••�• �• tyler • technologies 5.1 Tyler Roles and Responsibilities..................................................................................................46 5.1.1 Tyler Executive Management.............................................................................................46 5.1.2 Tyler Implementation Management...................................................................................46 5.1.3 Tyler Project Manager.........................................................................................................46 5.1.4 Tyler Implementation Consultant.......................................................................................47 5.1.5 Tyler Sales...........................................................................................................................48 5.1.6 Tyler Software Support.......................................................................................................48 5.2 Anna TX Roles and Responsibilities.............................................................................................48 5.2.1 Anna TX Executive Sponsor.................................................................................................48 5.2.2 Anna TX Steering Committee..............................................................................................48 5.2.3 Anna TX Project Manager...................................................................................................49 5.2.4 Anna TX Functional Leads...................................................................................................50 5.2.5 Anna TX Power Users..........................................................................................................51 5.2.6 Anna TX End Users..............................................................................................................51 5.2.7 Anna TX Technical Support.................................................................................................51 5.2.8 Anna TX Upgrade Coordinator............................................................................................52 5.2.9 Anna TX Project Toolset Coordinator.................................................................................52 5.2.10 Anna TX Change Management Lead...................................................................................52 6 Financial Conversion Summary...........................................................................................................52 1.14 Client Responsibilities.................................................................................................................52 1.14.1 General Ledger....................................................................................................................52 1.14.2 Accounts Payable................................................................................................................53 1.14.3 Personnel Management......................................................................................................53 1.14.4 General Ledger....................................................................................................................53 1.14.5 Accounts Payable................................................................................................................53 1.14.6 Personnel Management......................................................................................................54 1.14.7 Applications not converted.................................................................................................54 1.14.8 Custom Conversion Services...............................................................................................54 1.15 Data Extract.................................................................................................................................54 1.15.1 Matching Reports................................................................................................................55 1.15.2 Screenshots.........................................................................................................................55 1.15.3 Duplicate Entry....................................................................................................................55 4 / 58 00 ••�• �• tyler • technologies Glossary.. 5/58 56 • ••'• tyler 0 technologies 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation Stages, and deliverables for the implementation of Tyler products. The Project goals are to offer The City of Anna TX the opportunity to make the Anna TX more accessible and responsive to external and internal customer needs and more efficient in its operations through: ■ Streamlining, automating, and integrating business processes and practices ■ Providing tools to produce and access information in a real-time environment ■ Enabling and empowering users to become more efficient, productive and responsive ■ Successfully overcoming current challenges and meeting future goals 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the Anna TX's functional area utilizing the Tyler product(s). Refer to the Implementation Stages section of this SOW for information containing detailed service components. [PRODUCT] [APPLICATION] Incode Financials Incode Personnel Management Tyler Content Manager Document Management 1.3 Project Timeline The Project Timeline establishes a start and end date for each Phase of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute's (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. Tailored specifically for Tyler's public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the Anna TX's complexity, and organizational needs. 6/58 00 ••�• �• tyler • technologies 2 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the project manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the Anna TX collaborate to resolve project challenges according to defined escalation paths. In the event project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the Anna TX steering committee become the escalation points to triage responses prior to escalation to the Anna TX and Tyler executive sponsors. As part of the escalation process, each project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The Anna TX and Tyler executive sponsors serve as the final escalation point. 1.5 Client Governance Depending on the Anna TX's organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 Client Project Manager The Anna TX's project manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The Anna TX project manager(s) will be responsible for reporting to the Anna TX steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The Anna TX steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project's value throughout the organization. Oversees the Anna TX project manager(s) and the Project and through participation in regular internal meetings, the Anna TX steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The Anna TX steering committee also provides support to the Anna TX project manager(s) by communicating the importance of the Project to all impacted departments. The Anna TX steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on critical project issues or policy decisions. The Anna TX steering committee also serves as primary level of issue resolution for the Project. 7/58 •��� tyler �+ technologies 2.1.3 Executive Sponsor(s) The Anna TX's executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project's overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day project activities. The executive sponsor empowers the Anna TX steering committee, project manager(s), and functional leads to make critical business decisions for the Anna TX. 1.6 Tyler Governance 2.1.4 Tyler Project Manager The Tyler project manager(s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the Anna TX. As requested by the Anna TX, the Tyler project manager(s) provide regular updates to the Anna TX's steering committee and other Tyler governance members. 2.1.5 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler project manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler project manager(s) or with the Anna TX management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.1.6 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 1.7 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign -off while acknowledgement may be provided without formal sign -off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: • The Anna TX shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the Anna TX does not provide acceptance or acknowledgement within five (5) business 8/58 00 ••0•0i tyler • technologies days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. • If the Anna TX does not agree the particular Deliverable or Control Point meets requirements, the Anna TX shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed -upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. • Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The Anna TX shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the Anna TX does not provide acceptance or acknowledgement within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 3 Overall Project Assumptions 1.8 Project, Resources and Scheduling • Project activities will begin after the Agreement has been fully executed. • The Anna TX has the ability to allocate additional internal resources if needed. The Anna TX also ensures the alignment of their budget and Scope expectations. • The Anna TX and Tyler ensure that the assigned resources are available, they buy -into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy -in, and knowledge. • Tyler and Anna TX provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. • Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. • Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. • Tyler provides a written agenda and notice of any prerequisites to the Anna TX project manager(s) ten (10) business days prior to any scheduled on site or remote sessions. • Tyler provides notice of any prerequisites to the Anna TX project manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. • Anna TX users complete prerequisites prior to applicable scheduled activities. 9/58 • tyler �+ technologies • Tyler provides guidance for configuration and processing options available within the Tyler software. The Anna TX is responsible for making decisions based on the options available. • In the event the Anna TX may elect to add and/or modify current business policies during the course of this Project, such policy changes are solely the Anna TX's responsibility to define, document, and implement. • The Anna TX makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. • Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. • The Anna TX will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. 1.9 Data Conversion • The Anna TX is readily able to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due date(s). • Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. • The Anna TX understands the Legacy System data extract(s) must be provided to Tyler in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. • During this process, the Anna TX may need to correct data scenarios in the Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the Anna TX to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. 1.10 Data Exchanges, Modifications, Forms and Reports • The Anna TX ensures the 3rd party data received conforms to a Tyler standard format. • The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. • Client is on a supported, compatible version of the 3rd party software or Tyler standard Data Exchange tools may not be available. 10,58 •.:•:., tyler •• technologies • The Anna TX is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. • Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Request process. 1.11 Hardware and Software • Tyler will initially Install the most current generally available version of the purchased Tyler software. • The Anna TX will provide network access for Tyler modules, printers, and Internet access to all applicable Anna TX and Tyler project staff. • The Anna TX has in place all hardware, software, and technical infrastructure necessary to support the Project. • The Anna TX's system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the Anna TX does not meet minimum standards of Tyler's published specifications. 1.12 Education • Throughout the Project lifecycle, the Anna TX provides a training room for Tyler staff to transfer knowledge to the Anna TX's resources, for both onsite and remote sessions. The Anna TX will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the Anna TX will provide multiple training facilities to allow for independent sessions scheduling without conflict. ■ The training room is set up in a classroom setting. The Anna TX determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. ■ The Anna TX provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a Anna TX provided projector, allowing all attendees the ability to actively engage in the training session. ■ The Anna TX testing database contains the Tyler software version required for delivery of the Modification prior to the scheduled delivery date for testing. ■ The Anna TX is responsible for verifying the performance of the Modification as defined by the specification. ■ Users performing user acceptance testing (UAT) have attended all applicable training sessions prior to performing UAT. 11 /58 •��� tyler �+ technologies 4 Implementation Stages 1.13 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called "Stages" and the second level components are called "work packages." The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a "Control Point", confirming the work performed during that Stage of the Project. 12 / 58 • ••• •.,.�. tyler • technologies PFaenirg } Lit 9ystrm INh'dSIrY{lLr! Planning vis- ProJectjPFlese Rambling I 7.L• PFafiaaltat�llfl ......., �Ni11t7L P�ItIT l: lWato $ Plan $Bade Atiry7en€P 1 1.3�0 YLa1W � 1 Ulm 0 40 13.1 POOlef UseF Training s.l2 1967aCOfterS+GYI RI Valtdavon 5tintl9rtl P.or Oata .Ehango Vel-0at�pn LAA Modification V81id91id11• 133 Form€ 4L NWMFt€ WalidaUnn [ONTROLPOINT 3: Build & Valltlese'at� AUgAwoe 1 Plml Tes#In� # Tralning 3.1k3 41tweFPlanlling SAU LHer Amlp Okm 74i11�i 1A,1 I11 LONTROLPOiNT 4: Final Training & Toting kftL Acmptan,C * - If included in project scope Prcdu€tlnn �laL4Y4r IF ] i L Fllul data {41Nkr5idl'I � 157 Produoion i PFacessing � I ISi TFansttim La Trle: #uppoFl fs+ I StllaedulePoSt tiw 9Mrius. f appU€aEle • ISS O%rMR KMW Fit Produtli n {.1' ItG4CF S�f Acop#ims LEA Pkase{Projech Cl4aun Li.L• C1osr Phaaef prow Ls� COWROL PdINT 6: Pluse{Pro�Ju€t Cbwrr Ste4e ,+I¢rp€enoe �I 13,58 •.:•:., tyler •• technologies 4.1 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of Anna TX and Tyler Project Management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. Anna TX participation in gathering information is critical. Tyler Project Management teams present initial plans to stakeholder teams at Stage end. 4.1.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns project manager(s). Tyler provides the Anna TX with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. Anna TX participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler project manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the Anna TX's team. During this step, Tyler will work with the Anna TX to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT In L W �-' ate-. u)J E C L rp 0 L v Q- Q x E L v O o +� N bD r i v U C w C w � t)n o - i O O in _ E i U) -6 41 nn 0 N cn U C -a C ro O *Z uA (6 O +' i O a Q- Q O Q E un m C 0 N J C L _ +-� a ro N '^ L O C r C v > Q a1 OC C o v) W O U _ r6 ca O u) C N in J — O O O U °1 a, +, v O u c.> >_ +� ao c u C O QJ L E L.� " a) f6 u � v � }' fl U v .o a U ca +� O E � C ^ v U v L W U1 'E U C m W 3 m � C u o E do Q v W E - E _ 0 LOL cc o G u W In W �-' N - d - u- - U - d - 0 - Lu d C C C U1 C v C U1 C U1 C v C U1 C UJ C v TASKS T > T T > T T T T .. U .� I U .41 I U I U U I U I U I U U I U I U Assign Tyler project manager A R I I I Provide initial Project documents to A I R C I Client Sales to Implementation knowledge A I R C transfer Internal planning and phase A R C coordination 14 /58 •��� tyler �+ technologies 4.1.2 System Infrastructure Planning The Anna TX provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the Anna TX's site. The Anna TX completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning TYLER CLIENT L Q) Q (O C c 0- OL X E v + N O o i 0 N U W W OA O i' O O �C_+ i VI E (6 U C O bfJ O 0 d Q Q O i_ E (6 v ca 2 M v 0 O M a-- a1 W O LO Q U C J ro C N a--� U1 �n J 6 O U +, O o� U c.� '- Z C •L O W L U U1 Q U O Q— U fO C0 E L ':F -O O -C 7 U •E �--' C n M = N O O- v O -a C C U v E M OU Q x a LLO �n X w +) cn - d lL U d in w H - a D C � a, � TASKS T T T T T T •v U .2 U .v U .T U .2 U .v U .v U U .v U IU U Provide system hardware I R A I C specifications Make hardware available for I C A R Installation Install system hardware, if I C A R applicable Complete system infrastructure I C A R audit 15 /58 �•0. tyler �+ technologies 4.1.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler project manager(s) deliver an Implementation Management Plan, which is mutually agreeable by Anna TX and Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project/Phase Planning TYLER CLIENT In L L QJ Q (O cmc 0- OL X E v + N O o i 0 N N U w W �' hA OL O O C +_✓ E L d!J VI O E w (6 U1 _O U �--� -O C ro O + M M O +' w O d c- Q O Q E r6 v � M C n 2 +, M v n 0 O v W c W °� O cn > U ao ro O U1 E �n a, J Mv O U z3 U U v N U VI '-- E U L W U L N M - a) " U U1 Q- v O fl- cB +� E L s O t U v X v +� p i c ca = 3 O OL v a C U v p - o0 Q w E a E �n w cn a U a in w H a TASKS.v .v .v � .v .T .v .T .T .v U U U I U I U I U I U I U Perform Project/Phase Planning A R I C C I Deliver implementation A R C C I management plan 16 /58 •��� tyler �+ technologies 4.1.4 Project Schedule Client and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule TYLER CLIENT L QJ Q c0 c6 C 0OL - x L O i UC) U LU W "M OO O CC i E U M O 2 O E C ns 2VI OO v U1 (V 41 O f�6 LO c6 > U OU co C O a W a1 E v J O ~ U 'a U U v +, U N N L O U cO m N c� ':F -O U � L z 7 c •L •� Z1 C OL.o c6 N L Q (n D -a .� C U E fSS OU w Q O a L LLO O u ) �n X w — <n - m n u- = U O m v 0 C w W H - a O- D TASKS T T T T •v a, .v .v U U U — U — U — U — U — U — U — U U Develop initial Project Schedule A R I C I I Deliver Project Plan and schedule for A R I I I C C I I I Project Phase Client reviews Project Plan & initial C I A R C C C schedule Client approves Project Plan & initial I I A R C C I I I I I schedule 17 /58 •��� tyler �+ technologies 4.1.5 Stakeholder Presentation Anna TX stakeholders join Tyler project manager(s) to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Stakeholder Presentation TYLER CLIENT a In L O L QJ Q c6 U)cm C Q OL x f6 "M L U Q% U VI O 0 i N M O) U C w C w �--� O i' O O �C_+ E i VI (6 E c6 ) U _ c O M O 0 d fl O N ca 2 M N 0 v v a1 U1 o� O M cn to > U h0 co C O 01 v E 41 J O ~ U v -a Y U �, U O U m N E U '.F -O U t +� 7 N C L UW � U C W c6 N L (6 �- -tj .� C U iE N LL Q E p d Q E +� L O U Ln X w +� cn i a 7 w L U O a v 0 C w v H i a Q TAS KS T T T T T 2 v T = = a, — U U U — U — U — U — U — U — U — U U Present overview of Project Deliverables, Project Schedule and A R I I I I C I I I I I I I roles and responsibilities Communicate successful Project I R C A C I I C I I criteria and goals 18 /58 •��� tyler �+ technologies 4.1.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.1.6.1 Initiate & Plan Stage Deliverables • Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the Anna TX's Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: Anna TX reviews and acknowledges receipt of Implementation Management Plan. • Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: Anna TX acceptance of schedule based on Anna TX resource availability and Project budget and goals. 4.1.6.2 Initiate & Plan Stage Acceptance Criteria • Hardware Installed • System infrastructure audit complete and verified • Implementation Management Plan delivered • Project Plan/Schedule delivered; dates confirmed • Stakeholder Presentation complete 19/58 • tyler 0 4.2 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current Anna TX business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring Anna TX collaboration. The Anna TX shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.2.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of eLearning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Assess & Define TYLER CLIENT C C: L In (O L �o i E_ C V L QI n a E o LOL N on C C4 U C�O d vO aI U -0C c O +' iQC) O- Q QQ W m Om v > W OQC O v W O U aLC ivn N u OO O ~ U > 41 +, N O u ca u > '+� li0 c O QJ - E L v ,� — um 0 u a QC u .o w � a U +� o E. � C N v W i � W �O u � m (6 Q C u a) Q - Q v W C d E: 0 i u- c0 G u � W N d W U d 0 W d U) v U) T v T U1 v TASKS T > T T > T T T T '� U 'LU U .U1 I U I U U U I U I U U I U I U Schedule fundamentals review & provide fundamentals materials & A R I C I I I prerequisites, if applicable Complete fundamentals materials I A R I C review and prerequisites Ensure all scheduled attendees are I I A R C I present Facilitate fundamentals review A R I I I 20 /58 •��� tyler �+ technologies 4.2.2 Current/Future State Analysis Anna TX and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state, and make decisions about future state configuration and processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Current/Future State Analysis TYLER CLIENT L c0 c6 C 0OL - x L VI O i NC U w O w "M O E E _OOC U C O 0 d COX E C C cn OM v W W O LO > U OU co W � v E 41 J O ~ U v +, U v O U CVI U '-- ca U 'E Z C •L U •� O �--' OU.o N L C U 'a " U U1 U Q O a Q E cO +� E L —O O i U N X w w cn E a C 73 w M = U O a O— v —a C w U v H 0 - a OU Q L Ln TASKS v T W v T v T a� v T v T a� v T •v cc W .v c a, c .v c c c c c U 10 1 U U 10 1 U I U U 1 U I U I U Provide Current/Future State analysis materials to the Anna TX, as A R I C I I applicable Conduct Current & Future State A R I C I C analysis Provide pros and cons of Tyler A R I C I C software options Make Future State Decisions according to due date in the Project I I C A R I C I Plan Record Future State decisions A R I C I C El 21 /58 •��� tyler �+ technologies 4.2.3 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the Anna TX's Legacy System Applications to the Tyler system. Tyler staff and the Anna TX work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CLIENT L Qj Q (O c c 0- OL X E v + N O o i 0 N U LU W bA O i_ O O �C_+ i VI E (6 U C O M O a-- O LO d Q Q COXO C E � (6 v J ca N 2 a--� U1 cn O N � M - W C w o N > U OU ro a)v =� E v J M O ~ U v U U1 O U U ':F� U +� 7 c •L O �--' " N L D .0 C U 'a fSS CN L O U X O LU a o Ln LU cn a LL U a in LU H a D TASKS T T T T T T •v a, .v .v .2 .v .T .2 .T .T a, CJ U U lu IU IU U U U lu lu Review contracted data A R I C C C C conversion(s) options Map data from Legacy System to I C I A C C R Tyler system Pull conversion data extract I A C C R Run balancing Reports for data I I A C R I pulled and provide to Tyler Review and approve initial data A I C R I I extract Correct issues with data extract, if I C C A C C R needed 22 /58 •��� tyler �+ technologies 4.2.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler's responsibility to ensure the Tyler programs operate correctly. It is the City's responsibility to ensure the third party program operates or accesses the data correctly. The City and Tyler Project Manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Standard 3rd Party Data Exchange Planning TYLER CLIENT C L In (O L i +' aN+ i _J o C L ro In o L 41 Q- ai Q x � L N N In L o O N on L U w w by o i o a-' i Q) In E 4I (O N U c (6 o ++ W O O Z - a �- QO E = O v Q41 N U J0o U N +, v > O (D U (O U > +� dA C u ,0 v i E i U1 m .v ~ u U Q U U ICCn C 16 C -c N N L 4J .O � v r6 Q -6 C (j O (O Q w E a E 0 LL o U Ln w N N v v v v v v N c v c v c v c v c v c v c v c v c v c v c v TASKS ' ''''''' v U v v U U U U v Review Standard or contracted Data A R C I I C Exchanges Define or confirm needed Data I C A C C R Exchanges 23 /58 •��� tyler �+ technologies 4.2.5 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The Anna TX reviews the specifications and confirms they meet Anna TX's needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler's intention is to minimize Modifications by using Standard functionality within the Application, which may require a Anna TX business process change. It is the responsibility of the Anna TX to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for Anna TX approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the Anna TX will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CLIENT — o i L In (O J L o C L f6 c VI C o i QI Q x � Q W E E L v a-' N � L o L 0 tx0L c U W N O dA 0 O +_+ L VI m _O U L Om +F > O C O QO- v UJ O U — aW in N v _ O O U }' mm C N N Q' U v 0 v Q U m +-+ o E i � C � U v W U v i W W E U C c m 3 (6 Q u W 0 E 00 Q W E d E 0 u- c0O G � W N d W U d W d TASKS UJ T _N > U1 T U1 T v > U1 T 4J T v > N T C '� C C 41 C C C C C N C C T C v U I U I U I U U I U I U U 1 U U I U Analyze contracted modified A C R C C I C C program requirements Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if I C C A R I C C applicable Sign -off on specification document(s) and authorize work I I A R C I I C 24 /58 •��� tyler �+ technologies 4.2.6 Forms & Reports Planning Anna TX and Tyler project manager(s) review Forms and Report needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either Anna TX -developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Forms & Reports Planning TYLER CLIENT L QJ Q cm Q)0-C Q X 41 41 N -O i O i + N U W 0 W �' LO qA i_ O Q O �_+ E i dA VI t6 OD (6 U1 2 -O U �--� v C _0 0 C M O .� M M M M O a' - W w d O Q O Q E � J ca N 01 a--� M J cn O U N U1 C U1 > U W ro � v E v M O ~ U °' U v °' U m N E6 L ':F� O t U v 7 v X •L v +� o i �--' c ca N 3 O a D a C U o fSS ao w E a E 0 V) w <n d U- U d in W d D TASKS T T T T T T •v a, .v .v .2 .v .T .2 .T .T a, U U U I U I U I U U U I U I U I U Review required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I 25 /58 •��� tyler �+ technologies 4.2.7 System Deployment The Tyler Technical Services team Installs Tyler Applications on the server (hosted or client -based) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 System Deployment TYLER CLIENT a In L O L Q) c0 U) C �' OL EU U O O i N c6 U w x w f6 "M i' L O Q% +_✓ i VI E VI c6 U C C O OfJ O 0 �' 0 d fl- O E E bJJ cO N OD ca U1 2 -0 a-+ N cn O c6 +� r0 +� � �n W W O fl- LO O- U C .� co C � cn W +, v � J O U v �, v O U to U > +� W C . U O OU.o s= L 41 ~ U v 'a U U U U cO VI '.F —O E t N N L •� CJ C C M N � M OL —a C U Q) p " OU w d E p Ln X w +� cn i a 7 LL L U O a v C w v H i a Q C C a, C C C a, C C C a, C C C a, TASKS T T T T T T •v U U .v I .v .v .v .v .v I U Install contracted software on server A I R I C Ensure platform operates as A I R C expected 26 /58 •��� tyler �+ technologies 4.2.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.2.8.1 Assess & Define Stage Deliverables • Completed analysis Questionnaire o Objective: Gather and document information related to Anna TX business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Question naire(s). o Acceptance criteria: Anna TX acceptance of completed Questionnaire based on thoroughness of capturing all Anna TX business practices to be achieved through Tyler solution. • Data conversion summary and specification documents o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered to the Anna TX, reflecting complete and accurate conversion decisions. • Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the modified program meets the Anna TX's needs. o Scope: Design solution for Modification. o Acceptance criteria: Anna TX accepts Modified Specification Document(s) and agrees that the proposed solution meets their requirements. • Completed Forms options and/or packages o Objective: Provide specifications for each Anna TX in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Report needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. • Installation checklist o Objective: Installation of purchased Tyler software. o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the Anna TX is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, Anna TX team members are trained on applicable system administration tasks. 4.2.8.2 Assess & Define Stage Acceptance Criteria • Tyler software is installed. • Fundamentals review is complete. 27/58 tyler Required Form information complete and provided to Tyler. • Current/Future state analysis completed; Questionnaires delivered and reviewed. • Data conversion mapping and extractions completed and provided to Tyler. 28/58 • ••• •.,.�. tyler • technologies 4.3 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the Anna TX's needs identified during the Assess and Define Stage, preparing the Anna TX for Final Testing and Training. 4.3.1 Configuration & Power User Training Tyler staff collaborates with the Anna TX to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the Anna TX Power Users to prepare them for the Validation of the software. The Anna TX collaborates with Tyler staff iteratively to Validate software configuration. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Build & Validate TYLER CLIENT +� In L O L Q) c0 c O- OL a1 a1 O O i N ca U W X W rO OA i L O Q% N U c O OfJ O 0 O d O O c O O E E � O w ca v 2 � — U1 O O W U1 O O_ (n U C W co C � 10 + U1 �n J O U C E +, U1 E > O U ca U_ > +� on C � u � O � i E i 41 `n � 'C ~ U v 73 U v Q U N fl- U cO VI E ' -O C t N N - v W N 'E U C C cO N � M O- -a U N E (O - OU N W E O d E — - O cOO G l/'1 X W (n - LL 7 LL L U O LL v in C W v - LL Q D TASKS U U U U U U lu lu U U lu Perform configuration A R I R I Power User process and Validation A R I C I C I training Validate configuration I C A C R C 29 /58 •��� tyler �+ technologies 4.3.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the Anna TX, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the Anna TX reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborates with the Anna TX to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Data Conversion & Validation TYLER CLIENT i N J C cm CO-xM v4Q1 O O i O N ca U LU hA O E ro U C O M O C " 0 OL d O O- C O E dA ro t6 U1 41 0 (O +-+ � (6 m a-' - L W Q U1 C O �- LO fl- U C J ro � i W a-' v � U1 J cn O O U N v +, av C O U U > +Z h0 C C O txoL E v ~ v 'a U U U Q U .� fl- U (E N ':F -O L N V N L W •E U C C M N M O- -a - U a) p " h0 N w O E +� 0 L O U � X w —W cn i a 73 w = U O a v C w v H i a Q TASKS T T T T T T .v U .v U .v U — U — U — U — U — U — U — U .v U Write and run data conversion A I C R C program against Client data Complete initial review of data A I C R I I C errors Review data conversion and submit I C I A C R C needed corrections Revise conversion program(s) to A I C R I C C correct error(s) 30 /58 •��� tyler �+ technologies 4.3.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the Anna TX tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Standard 3rd Party Data Exchange Validation TYLER CLIENT L Qj In L O cm c6 C Q OL x c6 L Q% C v N O i N U W W "M O i' O O _+ i_ i N (6 E c6 U C M O +-+ M r0 O +� �n 0 U1 a fl- fl_ O Q E v O 2 U1 O 0 v v a1 O cn to > U h0 co O U1 E: �n 41 J O ~ U v U U Q +, U N Q O U o VI E U S U C L +- v C L u N E LJ C M i � i iO OL `n -p 'C v N E to L o0 N W - O d E - +� L LOl ccO G v Ln X W a-+ +W (n a-+ - d a-+ 7 L.L a-+ t U a-+ O d a-+ v a-+ C W a-+ W a-+ - d a-+ O- a-+ TASKS.v N v N N v N N v N C C C C C C C C C .v C .v C .v U U U U U U U U U U U Train Data Exchange(s) processing in Tyler software A R C I I I C I Coordinate 3rd Party Data Exchange I I A C C R activities Test all Standard 3rd party Data Exchange(s) I C A C I R C 31 /58 •��� tyler �+ technologies 4.3.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the Anna TX for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Modification Delivery & Validation, if contracted TYLER CLIENT In L O L Q) Q c0 c6 N v O' OL x fO L U Q% U VI O 0 i N U w w OA O i' O fl O_ E i VI (6 E (6 2 In U N C O CfJ O 2 W 0 U1 d O fl- O O- E C � N .Q) ca C J cn O U v +, U1 O � f�6 U cn [a U > -P U OU c ro C O v E L v `n 'c O ~ O U U U cO N E '.F -O O t O X i N '� U C 7 C c6 L N O f6 O- v -a C U v N E - to L OU Q w E d E n w U) a w U a w H a D TASKS U U U U U U U U U U U Develop and deliver contracted modified program(s) A I C I R I C I C I C Test contracted modified program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered I I I A R C C contracted modified program(s) Make corrections to contracted modified program(s) as required AT, C R CFFFT-TcFT7 32 /58 •��� tyler �+ technologies 4.3.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the Anna TX tests each Standard Form/Report. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Forms & Reports Validation TYLER CLIENT L E cm C Q OL v O i N c6 U W x LU c6 "M i' L O Q% �CC_+ i VI E N c6 U C O M O O O d O fl- O C (6 v O w 2 In U1 M +� r0 +� �n a1 U1 O fl_ N Q E U C w co C U1 �n J O 0 O U v v to > h0 E 41 � ~ v U U Q U N QC U m VI E6 �} C L v L v N E LJ C M M O- -p N E L o0 N W - O d G - +� L LOl cOO G v Ln X W a-+ +j (n a-+ - d a-+ 7 L.L a-+ L U a-+ O d a-+ w a-+ C W a-+ w a-+ - d a-+ Q a-+ N v N N v N N v N C C a, C C C a, C C C a, C C v C a, TASKS T T T T T T •v U U .v U .v U U .v U .v U U .v U . U U Standard Forms & Report training A R I C C I Test Standard Forms & Reports I C C A C R C 33 /58 •��� tyler �+ technologies 4.3.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.3.6.1 Build & Validate Stage Deliverables • Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. • Data conversion verification document o Objective: Provide instructions to the Anna TX to verify converted data for accuracy. o Scope: Provide self -guided instructions to verify specific data components in Tyler system. o Acceptance criteria: Anna TX accepts data conversion delivery; Anna TX completes data issues log. • Installation of Modifications on the Anna TX's server(s) *except for hosted Clients o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: Delivery of Modification(s) results in objectives described in the Anna TX -signed specification. • Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4. 4.3.6.2 Build & Validate Stage Acceptance Criteria • Application configuration completed. • Standard Forms & Reports delivered and available for testing in Stage 4. • Data conversions (except final pass) delivered. • Standard 3rd party Data Exchange training provided. • Modifications delivered and available for testing in Stage 4. • The Anna TX and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 34 / 58 • •0 a •.0. tyler 0 technologies 4.4 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the Anna TX review the final Cutover plan. A critical Project success factor is the Anna TX understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 4.4.1 Cutover Planning Anna TX and Tyler project manager(s) discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the Anna TX for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 Cutover Planning TYLER CLIENT a In L O L QJ cm C Q OL O 0 i c6 U W x41 cOO -Q% O r6 U O W O n- CC )� M v 0C NO E n3 C N 41 JU O O0- U E +, W E C o �' M U M c� > OU C O E L v n M 'c ~ W �>—, 7 u Q U v fl- U m VI E�� �} v U v L v W o U c C o 3 M a -a -a)" u o to ao N W E — O d E — +� L ccO G l/'1 X W a-+ +� cn i LL 7 LL t U a-+ O CL v C W W H - CL Q- N - - - - - - - - C C C C C C C C C C C TASKS T T T T T T •v U .v U .v U .v I U .v U .v U .v U .T U .v U .v lu .v U Cutover Planning Session A R C I C C C C C C Develop Production Cutover A R C I I C C I I C Checklist 35 /58 •��� tyler �+ technologies 4.4.2 User Acceptance Testing (UAT) The Anna TX performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CLIENT a LQj In Q) L O ro c6 U)cm C Q OU1Lx LQU VU1I O i U w w "M O E i E -0O a0 U O O d E C cn +JC cO-n+ OO- v v M M > h0 � co � O � � E n 41 u H UO v -a Y U Q �, U fl- O U cE N E U '.F -O U t N +� 73 N c L v UW E U C c6 N � L (6 Q, 0 .- C U iE N LL E O d E +� L O U Ln X w +� cn L a 7 w L U O a v 0 C w v H _ a Q TASKS T T T T T T — .v .v .v .v .v .v .v .v .v .v U U U U U U U I U U lu Deliver Test Plan for User A R C I I Acceptance Testing Perform User Acceptance Testing I C A R C C C I I C I Accept modified program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C 36 /58 •��� tyler �+ technologies 4.4.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day Anna TX processes that will be delivered via group training, webinar, eLearnings and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. Anna TX users who attended the Tyler sessions may train any Anna TX users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 End User Training TYLER CLIENT In L W �+ E c V c QI Q Q Q E v N o L 0 (1) on L U LuJ W t]A i' O _ i VI -O E 0 U m mcwc:c c O *Z uA O '+F O � O O a Q O E v W m b � 2 , + N N O m to in v N O Q t% () N N J0 30 U UJ v a v c O °C u > W C O QJ E v ,� f6 .� v Q +, U v v Q U m o E u � C = v +� U v L W u W •E U c c m L 3 L (6 a C u W o _ no X W E - O d E - m 0 O u- O (6 In W -' N - d �--� u_ �--+ U - d �--+ 0 �--� W d UJ N UJ v N UJ UJ C C C C C C C C C C C TASKS T _N > T T T T T _N > T '. U '� I U '� I U '� I U '� U '� I U '� I U '� I U '� U '� I U '� lu Conduct user training sessions A R C I I I I I Conduct additional End User training I I A C I R I I I I sessions 37 /58 •��� tyler �+ technologies 4.4.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler's receipt of the Stage Acceptance. 4.4.4.1 Final Testing & Training Stage Deliverables • Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, dates) for first processing in Tyler system, contingency plan for processing. o Acceptance criteria: Definition of all pre -production tasks, assignment of owners and establishment of due dates. • User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.4.4.2 Final Testing & Training Stage Acceptance Criteria • Production Cutover Checklist delivered and reviewed. • Modification(s) tested and accepted, if applicable. • Standard 3rd party Data Exchange programs tested and accepted. • Standard Forms & Reports tested and accepted. • User acceptance testing completed. • End User training completed. 38/58 • ••• •.,.�. tyler • technologies 4.5 Production Cutover (Stage 5) Anna TX and Tyler resources complete tasks as outlined in the Production Cutover Plan and the Anna TX begins processing day-to-day business transactions in the Tyler software. Following Production Cutover, the Anna TX transitions to the Tyler support team for ongoing support of the Application. 4.5.1 Final Data Conversion, if applicable The Anna TX provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The Anna TX may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion, if applicable TYLER CLIENT In L O o L Qj cm c6 C Q OU1LX cO6 O 0 i N U W O (6 )_ U ruc C O CC_OO O O d O- 0- CCC E 10 M v 0M a1 C cn > ro v JU M O ~ U +, W O M U M c� +� OU C O E L v `n 'c v co U U N Q U N O Q U o +� VI E L �} S C L v N U v L N U c C o t O iO O- v a C U W N p L ao O- W E — d E — ccO G l/'1 X W a-+ +� LO i LL 7 LL U a-+ LL W H i LL N - - - - - - - - C C C C C C C C C C C TASKS T T T T T T .v U .v U .v U .v U .v U .v U .v U .T U .v U .v I U .v U Provide final data extract C I I A C I I I I R Provide final extract balancing I I A C R I Reports Convert and deliver final pass of A I I R I I I C data Validate final pass of data I C C I A C R C Load final conversion pass to I I I A C I C R Production environment 39 /58 •��� tyler �+ technologies 4.5.2 Production Processing & Assistance Tyler staff collaborates with the Anna TX during Production Cutover activities. The Anna TX transitions to Tyler software for day -to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance TYLER CLIENT a In L O L Q) Q (O N v �' OL U U O O i N (6 U w x LU f6 "M i L O Q% i VI E VI (6 U c O OfJ OIn C �' 0 d fl O _ E bJJ fO N OD ca U1 2 -0 a-+ N M +� ro +� � �n W W O fl- LO O- E U C .� ro C � cn +, v � J cn O O U v v0�5 to > W . 0 a)W E 41 ~ v U U Q U fl- U m vl E '.F -O C -&--N Z3 i N '� V C C M N � f0 O- -a U N p L OU N Ui E O a E +� L o O U Ln X w +j cn i a 7 LL L U O d v C W v H i d Q TASKS T T T T T T .v U .v.E U U U U U U .v 10 1 U I U I U Production processing C C I I A R R R R R R I I Provide production assistance A R C I C C C C C C 40 /58 •��� tyler �+ technologies 4.5.3 Transition to Tyler Support Tyler project manager(s) introduce the Anna TX to the Tyler Support team, who provides the Anna TX with day-to-day assistance following Production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Transition to Tyler Support TYLER CLIENT a In L O LQJ Q) ro ca U)cm C x OU1L O i U w C w "M O LQU i E In U O E E NUn1 -0O aO cO-n+ OQ a--Q41- � J � �n JC UO v �, v O o� M U M U > +� h0 C � O � E L 41 0 u .- H v -a Y U N Q U O fl- U m +� N E L '.F -O O t U N 73 N L v UW •E U C c6 L N � O (6 O- v , C C U v iE Q LL E d E Ln X w +� cn L a 7 w U a w H _ a TASKS U U U U U U U U U U U Develop internal support plan I A R C C C C C C C Conduct transfer to Support A I C R C C C C I I C I I meeting 41 /58 •��� tyler �+ technologies 4.5.4 Schedule Post -Production Services, if applicable Tyler provides post -production services if included in the Agreement. Prior to scheduling services, the Tyler project manager(s) collaborate with Anna TX project manager(s) to identify needs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Schedule Post -Production Services, if applicable TYLER CLIENT a In L O L QJ Q cm C Q- OL O i c6 U w x w "M O LC i E V(C6I U CvLC]EU O O d E -0O c0C-n+ OO- O- U . U O UO � — MM U >W.C=�E4-o�U O W " 0 uC . Ha0 -a U UONF cE O NN 73 v E C M N � C U .0 N LL OU n LN X n i7LOvCviQ U N v C C C C C C TASKS T T T T T T — U .v U .v U .v U .v U .v U .v U .v U .v U .v U .v U Identify topics for post -production C C A R I C I services Schedule services for post - A R I C C I C I production topics 42 /58 •��� tyler �+ technologies 4.5.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler's receipt of this Stage Acceptance. 4.5.5.1 Production Cutover Stage Deliverables • Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: Data is available in production environment. • Support transition documents o Objective: Define strategy for on -going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with Anna TX Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support. o Acceptance criteria: the Anna TX receives tools to contact support and understands proper support procedures. 4.5.5.2 Production Cutover Stage Acceptance Criteria • Final data conversion(s) delivered. • Processing is being done in Tyler production. • Transition to Tyler support is completed. • Post -live services have been scheduled, if applicable. 43/58 • tyler 0 4.6 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The Anna TX moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.6.1 Close Phase/Project The Anna TX and Tyler project manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler project manager(s) review the Project budget and status of each contract Deliverable with the Anna TX project manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 Close Phase/Project TYLER CLIENT a In L O L cm C 0- OL Q) O 0 i Q) c6 U W X W c6 UA i_ L O Q% �C_+ i VI E N c6 U ru C Q_ O Q) W C O C _ O d O n- C O E E (6 v ns = ) M _ v cn 0 O ro a-- Q! 41 O Q N Q U m J n3 C � N }, 41 J O U N v E— � W E C O �' ro c� (B c� > on c � U � O � E L v n � 'c ~ U � ��—, U u Q U v fl- U m VI E�_c �} v U v L v W o U c C o 3 iO a -a -a)" u o to On N W -9 O m E — +� L ccO G l/'1 X W a-+ +� cn i LL 7 Li- t U a-+ O CL v C W W H i CL Q- N - - - - - - - - C C C C C C C C C C C TASKS T T T T T T .v U .v U .v U .v I U .v U .v U .v U .T U .v U .v lu .v U Review outstanding Project activities A R C C C I C I C and develop action plan Review Project budget and status of A R I I C contract Deliverables 44 /58 •��� tyler �+ technologies 4.6.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.6.2.1 Phase/Project Closure Stage Deliverables • Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.6.2.2 Phase/Project Closure Stage Acceptance Criteria • Outstanding Phase or Project activities have been documented and assigned. • Phase/final Project budget has been reconciled. • Tyler Deliverables for the Phase/Project are complete. 45/58 • tyler 0 5 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns project manager(s) prior to the start of each Phase of the Project. The project manager(s) assign additional Tyler resources as the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management • Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the Anna TX's overall organizational strategy. • Authorizes required project resources. • Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. • Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions. • Acts as the counterpart to the Anna TX's executive sponsor. 5.1.2 Tyler Implementation Management • Acts as the counterpart to the Anna TX steering committee. • Assigns initial Tyler project personnel. • Works to resolve all decisions and/or issues not resolved at the Project Management level as part of the escalation process. • Attends Anna TX steering committee meetings as necessary. • Provides support for the project team. • Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. • Monitors project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager The Tyler project manager(s) provides oversight of the Project, coordination of resources between departments, management of the project budget and schedule, effective risk and issue management, and is the primary point of contact for all Project related items. • Contract Management o Validates contract compliance throughout the Project. o Ensures Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Prepares and presents contract milestone sign -offs for acceptance by Anna TX project manager(s). o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning 46/58 • •00 •.,.�. tyler • technologies o Update and deliver Implementation Management Plan. o Defines project tasks and resource requirements. o Develops initial project schedule and full scale Project Plan. o Collaborates with Anna TX project manager(s) to plan and schedule project timelines to achieve on -time implementation. • Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the Anna TX to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Establishes and manages a schedule and resource plan that properly supports the Project Plan that is also in balance with Scope/budget. o Establishes risk/issue tracking/reporting process between the Anna TX and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the Anna TX any items that may impact the outcomes of the Project. o Collaborates with the Anna TX's project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. o Sets a routine communication plan that will aide all project team members, of both the Anna TX and Tyler, in understanding the goals, objectives, current status and health of the project. • Team Management • Acts as liaison between project team and Tyler manager(s). • Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. • Provides direction and support to project team. • Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. • Assesses team performance and adjusts as necessary. • Interfaces closely with Tyler developers to coordinate program Modification activities. • Coordinates with in Scope 3rd party providers to align activities with ongoing project tasks. 5.1.4 Tyler Implementation Consultant • Completes tasks as assigned by the Tyler project manager(s). • Performs problem solving and troubleshooting. • Follows up on issues identified during sessions. • Documents activities for on site services performed by Tyler. • Provides conversion Validation and error resolution assistance. • Recommends guidance for testing Forms and Reports. • Tests software functionality with the Anna TX following configuration. • Assists during Production Cutover process and provides production support until the Anna TX transitions to Tyler Support. • Provides product related education. .0. tyler •• technologies • Effectively facilitates training sessions and discussions with Anna TX and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. • Conducts training (configuration, process, conversion Validation) for Power Users and the Anna TX's designated trainers for End Users. • Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Plan. • Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 5.1.5 Tyler Sales • Provide sales background information to Implementation during Project initiation. • Support Sales transition to Implementation. • Provide historical information, as needed, throughout implementation. 5.1.6 Tyler Software Support • Manages incoming client issues via phone, email, and online customer incident portal. • Documents and prioritizes issues in Tyler's Customer Relationship Management (CRM) system. • Provides issue analysis and general product guidance. • Tracks issues and tickets to timely and effective resolution. • Identifies options for resolving reported issues. • Reports and escalates defects to Tyler Development. • Communicates with the Anna TX on the status and resolution of reported issues. 5.2 Anna TX Roles and Responsibilities Anna TX resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 5.2.1 Anna TX Executive Sponsor • Provides clear direction for the Project and how the Project applies to the organization's overall strategy. • Champions the Project at the executive level to secure buy -in. • Authorizes required Project resources. • Resolves all decisions and/or issues not resolved at the Anna TX steering committee level as part of the escalation process. • Actively participates in organizational change communications. 5.2.2 Anna TX Steering Committee • Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. • Attends all scheduled steering committee meetings. • Provides support for the project team. 48/58 •.:•, tyler •• technologies • Assists with communicating key project messages throughout the organization. • Prioritizes the project within the organization. • Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources. • Monitors project progress including progress towards agreed upon goals and objectives. • Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o Anna TX Policies 5.2.3 Anna TX Project Manager The Anna TX shall assign project manager(s) prior to the start of this Project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the Anna TX project manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from Anna TX to participate in discussions and make decisions in a timely fashion to avoid Project delays. • Contract Management o Validates contract compliance throughout the Project. o Ensures invoicing and Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Signs off on contract milestone acknowledgment documents. o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning o Review and acknowledge Implementation Management Plan. o Defines project tasks and resource requirements for Anna TX project team. o Collaborates in the development and approval of the initial Project Plan and Project Plan. o Collaborates with Tyler project manager(s) to plan and schedule Project timelines to achieve on -time implementation. • Implementation Management o Tightly manages Project budget and Scope and collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget. o Collaborates with Tyler Project manager(s) to establishes risk/issue tracking/reporting process between the Anna TX and Tyler and takes all necessary steps to proactively mitigate 49 /58 • tyler �+ technologies these items or communicates with transparency to Tyler any items that may impact the outcomes of the Project. o Collaborates with Tyler Project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project. o Routinely communicates with both Anna TX staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members. • Team Management o Acts as liaison between project team and stakeholders. o Identifies and coordinates all Anna TX resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and takes corrective action, if needed. o Provides guidance to Anna TX technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. o Coordinates in Scope 3rd party providers to align activities with ongoing Project tasks. 5.2.4 Anna TX Functional Leads • Makes business process change decisions under time sensitive conditions. • Communicates existing business processes and procedures to Tyler consultants. • Assists in identifying business process changes that may require escalation. • Attends and contributes business process expertise for current/future state analysis sessions. • Identifies and includes additional subject matter experts to participate in Current/Future State Analysis sessions. • Provides business process change support during Power User and End User training. • Completes performance tracking review with client project team on End User competency on trained topics. • Provides Power and End Users with dedicated time to complete required homework tasks. • Act as an ambassador/champion of change for the new process. • Identifies and communicates any additional training needs or scheduling conflicts to Anna TX project manager. • Prepares and Validates Forms. • Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Presentation o Implementation Management Plan development o Schedule development o Maintenance and monitoring of risk register .0. tyler •• technologies o Escalation of issues o Communication with Tyler project team o Coordination of Anna TX resources o Attendance at scheduled sessions o Change Management activities o Modification specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 5.2.5 Anna TX Power Users • Participate in Project activities as required by the project team and project manager(s). • Provide subject matter expertise on Anna TX business processes and requirements. • Act as subject matter experts and attend current/future state and validation sessions as needed. • Attend all scheduled training sessions. • Participate in all required post -training processes as needed throughout Project. • Participate in Conversion Validation. • Test all Application configuration to ensure it satisfies business process requirements. • Become Application experts. • Participate in User Acceptance Testing. • Adopt and support changed procedures. • Complete all Deliverables by the due dates defined in the Project Plan. • Demonstrate competency with Tyler products processing prior to Production Cutover. • Provide knowledge transfer to Anna TX staff during and after implementation. 5.2.6 Anna TX End Users • Attend all scheduled training sessions. • Become proficient in Application functions related to job duties. • Adopt and utilize changed procedures. • Complete all Deliverables by the due dates defined in the Project Plan. • Utilize software to perform job functions at and beyond Production Cutover. 5.2.7 Anna TX Technical Support • Coordinates updates and releases with Tyler as needed. • Coordinates the copying of source databases to training/testing databases as needed for training days. • Extracts and transmits conversion data and control reports from Anna TX's Legacy System per the conversion schedule set forth in the Project Plan. • Coordinates and adds new users and printers and other Peripherals as needed. • Validates all users understand log -on process and have necessary permission for all training sessions. • Coordinates Interface development for Anna TX third party Data Exchanges. • Develops or assists in creating Reports as needed. tyler •• technologies • Ensures onsite system hardware meets specifications provided by Tyler. • Assists with software Installation as needed. 5.2.8 Anna TX Upgrade Coordinator • Becomes familiar with the Software Upgrade process and required steps. • Becomes familiar with Tyler's releases and updates. • Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the Anna TX's Software Upgrade process. • Assists with the Software Upgrade process during implementation. • Manages Software Upgrade activities post -implementation. • Manages Software Upgrade plan activities. • Coordinates Software Upgrade plan activities with Anna TX and Tyler resources. • Communicates changes affecting users and department stakeholders. • Obtains department stakeholder sign -offs to upgrade production environment. 5.2.9 Anna TX Project Toolset Coordinator • Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. • Conducts training on proper use of toolsets. • Validates completion of required assignments using toolsets. 5.2.10 Anna TX Change Management Lead • Validates users receive timely and thorough communication regarding process changes. • Provides coaching to supervisors to prepare them to support users through the project changes. • Identifies the impact areas resulting from project activities and develops a plan to address them proactively. • Identifies areas of resistance and develops a plan to reinforce the change. • Monitors post -production performance and new process adherence. 6 Financial Conversion Summary This document is a summary of what is included in the standard conversion for Tyler Technologies Financial Suite. Items not listed below are generally assumed to not be eligible for electronic data conversion. 1.14 Client Responsibilities ■ Data in Tyler's Standard Data Layouts or approved formats ■ Provide data definitions ■ Provide matching reports & screen shots with the provided data ■ Review conversion during setup and go -live 1.14.1General Ledger Standard Conversion Includes: 52 / 58 • ••• •.,.�. tyler • technologies ■ Full chart of accounts listing, descriptions, and corresponding account types ■ Element (segment) values and descriptions ■ Summarized budget figures for current fiscal year ■ Unlimited historical transactions as provided by client. NOTE: Training will be provided on how to import additional budget years from Excel. 1.14.2Accounts Payable Standard Conversion Includes: ■ Vendor master information, address, primary contact, and NOTES ■ Unlimited historical transactions as provided by client. 1.14.3 Personnel Management Standard Conversion Includes: ■ Basic employee information — employee master, address, primary contact, dates, phone numbers, dependents, NOTES ■ Employee Deductions & Taxes ■ Employee Direct Deposit Information ■ Employee Leave Balances ■ Employee Retirement ■ Rates/Base Pay (salary / hourly compensation) ■ Unlimited historical transactions provided by client. NOTE: Employee positions/deductions will be created according to recommended best business practices. 1.14.4General Ledger Standard Conversion Includes: ■ Full chart of accounts listing, descriptions, and corresponding account types ■ Element (segment) values and descriptions ■ Unlimited historical transactions as provided by client. NOTE: Summarized budget figures for current fiscal year and historical years can be imported into the system from Excel. The client is ultimately responsible for producing the budget figures in Excel and verifying the results. Training will be provided on how to import budgets from Excel. NOTE: Summarized beginning balance sheet entries, as well as summarized fiscal year activity entries, can be imported into the system from Excel for the current year. The client is ultimately responsible for producing the entries in Excel and verifying the results. Training will be provided on how to import JE's from Excel. 1.14.5Accounts Payable Standard Conversion Includes: ■ Vendor master information, address, primary contact, and NOTES ■ Unlimited historical transactions as provided by client. 53/58 •.:•:., tyler •• technologies NOTE: 1099 balances and non-1099 balances can be imported into the system using a standard import available to the client from Excel. The client will ultimately be responsible for creating the Excel spreadsheet and verifying the results. Training will be provided on how to import balances from Excel. 1.14.6Personnel Management Standard Conversion Includes: ■ Basic employee information — employee master, address, primary contact, dates, phone numbers, dependents, NOTES ■ Current direct deposit bank information ■ Federal and state tax withholding information ■ Unlimited historical transactions provided by client. NOTE: Employee positions/deductions will be created according to recommended best business practices. NOTE: Clients going live on payroll mid -calendar year will have the option to import or enter quarterly employee payroll history to meet federal and state reporting requirements giving the ability to create a single set of W-2's at calendar year end. The client will ultimately be responsible for entering in the quarterly employee payroll history and verifying the results. Training will be provided on how to enter in this information. 1.14.7Applications not converted ■ Bank Reconciliation ■ Employee Self Services/Time & Attendance 1.14.8Custom Conversion Services Tyler is able to provide custom conversion services for clients who need services beyond what the standard conversion offers. An estimate can be provided for these services, and actual time and materials are billed. The following are a few examples of items that are not included in the standard conversion and can be addressed through custom conversion services: ■ Data cleaning; including but not limited to name clean-up and data fixes ■ Converting from multiple sources of data ■ Changing configuration after sign -off ■ Work Order historical data ■ Purchase Order historical data ■ Inventory 1.15 Data Extract The standard conversion includes converting from a single source of data. If data is stored in multiple databases or data is provided in multiple formats custom conversion services may be required. Below are the approved formats: 54/58 •.:•, tyler 0 technologies ■ Microsoft SQL Server database ■ Microsoft Access database ■ Delimited ASCII text files with headers (pipe "I" delimited is preferred) ■ Excel spreadsheets — with flat data and headers, not grouped in report fashion ■ PROGRESS database To ensure that no data is corrupted, staff should exit the software prior to pulling the data and restrict processing of any transactions during this time. It is important to understand that the conversion will not "rehabilitate" old data. The conversion process does not clean up or correct problems in old data; data is converted one for one. For example, if the current system allowed punctuation, the new software will also display data with the exact same punctuation after the conversion. If data manipulation is desired, please contact your Project Manager to assist in preparing a work order for these services. Tyler Technologies deploys several methods of transferring files across the internet. For client's sensitive data, we use Secure File Transfer Protocol (SFTP) servers because it is our policy to never transmit sensitive data across the Internet. If your data requires more sensitive measures please contact your assigned Project Manager. All data uploads and downloads are performed via secure connections. Prior to any data uploads you must compress your data. Your Project Manager will provide you with instructions containing your SFTP user name and password along with a tool for compressing your data. 1.15.1Matching Reports Matching reports are essential to your conversion. These will be used to determine the validity of the entire conversion. Please ensure the extracted data corresponds to these reports, as the conversion will not be able to be verified if this is not the case. See Appendix C for a full listing of necessary reports. 1.15.2Screenshots Screenshots are an important piece of Tyler being able to verify the location of data, how it appears in the legacy system, and that the data is converting correctly. These should be taken and provided at the same time the data pull is done. Screenshots are needed for each section being converted as well as any different variations of the same screen. Certain processes and field selections can drive variations in screen designs. We recommend a variety of examples ranging from your most complex cases that utilize every aspect of your legacy system to common cases. Showing every screen that is available for complex cases gives us insight into how we can convert your legacy data and accommodate your complex processes. See Appendix C for a full listing of necessary Screenshots. 1.15.3Duplicate Entry Unless otherwise noted, it is assumed all data conversion elements will be converted once. While the timing of each data conversion element will be scheduled out between the Client and Tyler's Project Managers, once an element has been converted and delivered, it will not be converted again and duplicate entry between the current legacy system and Incode 10 will be required for a period of time until Incode 10 becomes the live system of record. 55/58 •.:•, tyler •• technologies 7 Glossary • • • Definition A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Items that are used on a recurring basis, usually by Peripherals. Consumables Examples: paper stock or scanner cleaning kits. Occurring at the end of each Stage, the Control Point serves as a formal Control Point client review point. Project progress cannot continue until the client acknowledges the agreed upon Deliverables of the Stage have been met or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Cutover The point when a client begins using Tyler software in production. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a client (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees) or external (citizens). A process within the system that a user is expected to run to consume Imports and Exports (Import) or produce (Export) a specifically defined file format/layout. Interface A real-time or automated exchange of data between two systems. .0. tyler •• technologies Install References the initial installation of software files on client services and preparing the software for use during configuration. The version currently available for general release will always be used during the initial install. Legacy System The system from which a client is converting. Modification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement. Peripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler project manager and Tyler project team or different individuals assigned. Power User An experienced client person or group who is (are) an expert(s) in the client business processes, as well as knowledgeable in the requirements and acceptance criteria. Project The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a A a single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master blueprint for the Project. As developed, the Project schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan. Occurs during the Plan & Initiate Stage to coordinate with the Client Project Planning Meeting project manager to discuss Scope, information needed for project scheduling and resources. Questionnaire A document containing a list of questions to be answered by the client for the purpose of gathering information needed by Tyler to complete the implementation. RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Scope Products and services that are included in the Agreement. .0. tyler •• technologies Software Upgrade References the act of updating software files to a newer software release. Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. Stakeholder Presentation Representatives of the Tyler implementation team will meet with key client representatives to present high level Project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation. Standard I Included in the base software (out of the box) package. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities and Deliverables Tyler will provide to the client. Test Plan Describes the testing process. Includes "Test Cases" to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the client is expected to supplement with client specific _ scenarios and processes. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected. Work Breakdown A hierarchical representation of a Project or Phase broken down into Structure (WBS) smaller, more manageable components. 58/58 •.:•:., tyler •• technologies CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, APPROVING THE PURCHASE OF A SOFTWARE AS A SERVICE (SASS) AGREEMENT FOR ENTERPRISE RESOURCE PLANNING (ERP) SOFTWARE FROM TYLER TECHNOLOGIES, INC OF YARMOUTH, ME IN THE AMOUNT OF $101,476, AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. WHEREAS, The City Council of the City of Anna, Texas (the "City Council") finds that the City financial technology has been in use since 2004; and WHEREAS, the City staff recommends the City upgrade its financial software to improve efficiency and effectiveness in service to its neighbors; and WHEREAS, Tyler Technologies provides the Incode financial ERP system that meets many of the City's financial requirements at a reasonable cost, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Acknowledgement The City Council hereby approves the purchase of Incode as a Software As a Service Agreement from Tyler Technologies, Inc of Yarmouth, ME in the amount of $101,476 and includes the agreement attached as Exhibit A, and authorizes, ratifies, and approves the City Manager to execute the agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of September, 2020. /_11MIX31111qWN106 512191 Carrie L. Smith, City Secretary Nate Pike, Mayor RES. PAGE 1 OF 1 THE CITY OF manna AGENDA ITEM: Item No. 7.b. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Terri Doby Consider/Discuss/Action approving an Ordinance adopting the FY2021 Budget. (City Manager Jim Proce) SUMMARY: The Annual Budget is developed through an extensive process of reviewing requests received from various City departments, then prioritizing those requests in a manner that utilizes resources effectively, within fiscal constraints, while working to achieve goals set forth by the City Council. The proposed budget was presented to the City Council on August 11t" and was posted on the City's website on August 12t". The public hearing on the proposed budget and tax rate were conducted on September 1st. Listed below is a breakdown of funds: Fund Amount General Fund $11,527,578 Debt Service Fund 1,817,663 Utility Fund 10,476,006 Grant Fund 765,743 Special Revenue Fund 11,125 Park Development Fund (non-CIP) 517,811 Fire Capital Fund - Seizure Fund - Community Development Corporation 1,311,140 Economic Development Corporation 99,650 Community Investment Program 38,995,081 Total $65,521,797 The FY 2021 budget is funded with a tax rate of $0.583000 per $100 in taxable value, which less than the tax rate adopted last year. While budgets are always a challenge, we have worked diligently to propose a budget that is both balanced and sufficient to meet the needs of the coming fiscal year. We express our appreciation to the City Council for their diligent efforts throughout the year in providing guidance, direction and support for our efforts to serve the City of Anna. As Anna continues to grow, the city remains committed to the its Strategic Vision. The FY2021 budget is designed to preserve and enhance the quality of existing services and respond appropriately to our City's continuing growth and development. FINANCIAL IMPACT: Process to adopt Fiscal Year 2021 Budget. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance adopting the FY2021 budget. ATTACHMENTS: 1. FY2021 Budget Adoption Ordinance 2. Exhibit A Budget Adoption APPROVALS: Terri Doby, Budget Manager Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS Ordinance No. Ordinance Adopting the Budget for the 2020 — 2021 Fiscal Year AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT OF THE CITY OF ANNA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; APPROPRIATING MONEY TO AN INTEREST AND SINKING FUND TO PAY INTEREST AND PRINCIPAL ON THE CITY'S INDEBTEDNESS; AND ADOPTING THE ANNUAL BUDGET OF THE CITY OF ANNA FOR THE 2020 — 2021 FISCAL YEAR. WHEREAS, the budget, appended hereto as Exhibit A, for the fiscal year beginning October 1, 2020 and ending September 30, 2021, was duly presented to the City Council by the City Manager and a public hearing was ordered by the City Council and a public notice of said hearing was caused to be given by the City Council and said notice was published in the Anna - Melissa Tribune and said public hearing was held according to said notice; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT: SECTION 1. The appropriations for the fiscal year beginning October 1, 2020, and ending September 30, 2021 for the support of the general government of the City of Anna, Texas, be fixed and determined for said terms in accordance with the expenditures shown in the City's fiscal year 2020 — 2021 budget, a copy of which is appended hereto as Exhibit A and incorporated herein as if set forth in full; SECTION 2. The budget, as shown in words and figures in Exhibit A, is hereby approved in all respects and adopted as the City's budget for the fiscal year beginning October 1, 2020 and ending September 30, 2021. SECTION 3. There is hereby appropriated the amount shown in said budget necessary to provide for an interest and sinking fund for the payment of principal and interest and the retirement of the bonded debt requirements of fiscal year 2020 — 2021 of the City of Anna PASSED AND APPROVED by record roll call vote on this, the 8t" day of September 2020. Ayes Nays Abstained ATTESTED: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike CONSOLIDATED BUDGET SUMMARY OF REVENUE AND EXPENDITURES FY2020-21 Major Governmental Enterprise Restricted Revenue General Debt Service Utility Grant Special Revenue BEGINNING BALANCES $ 5,331,397 $ 138,245 $ 3,985,083 $ - $ 138,239 REVENUES: Property Taxes $ 6,736,415 $ 1,852,163 $ - $ $ - Sales Tax 2,205,000 - - Charges for Services 106,600 11,114, 947 Licenses and Permits 2,147,100 - - - - Franchise and Local Taxes 601,600 - 7,800 Investment Income 70,000 11,000 75,600 1,100 Other Revenues 58,300 - 115,700 - Intergovernmental 133,195 - 581,497 - Fines 80,000 - 14,500 Donations - - - - - TOTAL REVENUE $ 12,138,210 $ 1,863,163 $ 11,306,247 $ 581,497 $ 23,400 Transfers from other funds - - - 184,246 - TOTAL REVENUES $ 12,138,210 $ 1,863,163 $ 11,306,247 $ 765,743 $ 23,400 TOTAL AVAILABLE RESOURCES $ 17,469,607 $ 2,001,408 $ 15,291,330 $ 765,743 $ 161,639 EXPENDITURES: Payroll $ 8,193,387 $ - $ 2,050,648 $ 705,868 $ 1,800 Supplies 489,068 159,096 4,558 - Maintenance 226,860 - 530,775 - - Services 2,200,937 5,500 5,640,125 5,317 9,325 Debt Service - 1,812,163 2,095,362 - - Capital Outlay 67,326 - - 50,000 Capital Improvement 350,000 - - - - Contingency TOTAL OPERATIONAL EXPENDITURES $ 11,527,578 $ 1,817,663 $ 10,476,006 $ 765,743 $ 11,125 Transfers to other funds 609,246 TOTAL EXPENDITURES $ 12,136,824 $ 1,817,663 $ 10,476,006 $ 765,743 $ 11,125 ENDING FUND BALANCES $ 5,332,783 $ 183,745 $ 4,815,324 $ - $ 150,514 Fund Balance Percentage 46.3% 10.1 % 46.0% 0.0% 1352.9% CONSOLIDATED BUDGET SUMMARY OF REVENUE AND EXPENDITURES FY2020-21 Restricted Revenue Component Units Total All Funds Park Development Fire Capital Seizure Community Economic Budget FY2021 Estimated FY2020 Actual FY2019 Development Development $ 2,392,191 $ 110,720 $ 11,917 $ 1,192,604 $ 417,877 $ 13,718,273 $ 12,157,149 $ 11,016,138 $ $ $ $ - $ $ 8,588,578 $ 7,989,026 $ 6,719,242 1,300,000 3,505,000 3,460,000 2,936,674 885,500 75,000 - 17,476 12,199,523 11,635,770 10,096,563 - - - 2,147,100 1,685,200 1,334,823 - - - - 609,400 609,400 620,470 14,000 800 11,140 6,000 189,640 222,809 310,900 15,000 - 2,500 - 1,500 193,000 210,690 776,819 - - - 714,692 270,000 175,518 94,500 93,500 103,614 - - - - - - 375 7,491 $ 914,500 $ 75,800 $ 2,500 $ 1,311,140 $ 24,976 $ 28,241,433 $ 26,176,770 $ 23,082,114 - - - - - 609,246 1,615,573 33,522 $ 914,500 $ 75,800 $ 2,500 $ 1,311,140 $ 24,976 $ 28,850,679 $ 27,792,343 $ 23,115,636 $ 3,306,691 $ 186,520 $ 14,417 $ 2,503,744 $ 442,853 $ 42,568,952 $ 39,949,492 $ 34,131,774 $ 160,311 $ - $ - $ 121,985 $ - $ 11,233,999 $ 8,594,765 $ 6,748,293 - 7,100 - 659,822 607,682 576,302 - - 3,000 760,635 917,108 977,975 234,500 852,804 96,650 9,045,158 8,183,615 8,368,312 - 329,251 - 4,236,776 4,235,939 4,466,101 123,000 - 240,326 465,314 422,656 - 350,000 - 381,464 $ 517,811 $ - $ - $ 1,311,140 $ 99,650 $ 26,526,716 $ 23,004,423 $ 21,941,103 - - - 609,246 1,615,573 33,522 $ 517,811 $ $ $ 1,311,140 $ 99,650 $ 27,135,962 $ 24,619,996 $ 21,974,625 $ 2,788,880 $ 186,520 $ 14,417 $ 1,192,604 $ 343,203 $ 15,432,990 $ 15,329,496 $ 12,157,149 0.0% 0.0% 0.0% 91.0% 344.4% 58.2% 66.6% 55.4% BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Licenses and Permits Franchise and Local Taxes Investment Income Other Revenues Intergovernmental Fines Donations TOTAL OPERATIONAL REVENUE Transfers from other funds TOTALREVENUES TOTAL AVAILABLE RESOURCES EXPENDITURES: Payroll Supplies Maintenance Services Capital Outlay Capital Improvement Contingency TOTAL OPERATIONAL EXPENDITURES Transfers to other funds TOTAL EXPENDITURES ENDING FUND BALANCES Fund Balance Percentage CITY OF ANNA GENERAL FUND BY CATEGORY FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 4,619,185 $ 4,324,683 $ 5,846,943 $ 5,331,397 $ 4,876,783 $ 5,892,319 $ 6,126,026 $ 6,736,415 1,835,421 1,911,312 2,160,000 2,205,000 145,592 118,700 111,200 106,600 1,334,823 1,272,750 1,685,200 2,147,100 612,332 646,600 601,600 601,600 138,658 129,714 103,000 70,000 226,012 63,150 70,746 58,300 93,190 118,190 123,195 133,195 87,431 80,000 80,000 80,000 7,425 2,000 375 - $ 9,357,667 $ 10,234,735 $ 11,061,342 $ 12,138,210 $ 9,357,667 $ 10,234,735 $ 11,061,342 $ 12,138,210 $ 13,976,852 $ 14,559,418 $ 16,908,285 $ 17,469,607 $ 4,934,344 $ 6,761,871 $ 6,605,537 $ 8,193,387 372,144 409,480 431,238 489,068 282,408 219,576 367,808 226,860 2,332,516 2,135,912 2,155,697 2,200,937 174,975 - 401,035 67,326 - 256,349 - 350,000 - 300,000 - - $ 8,096,387 $ 10,083,188 $ 9,961,315 $ 11,527,578 33,522 151,545 1,615,573 609,246 $ 8,129,909 $ 10,234,733 $ 11,576,888 $ 12,136,824 $ 5,846,943 $ 4,324,685 $ 5,331,397 $ 5,332,783 72.2% 42.9% 53.5% 46.3% CITY OF ANNA GENERAL FUND BY DEPARTMENT FY2020-21 EXPENDITURES: General Government: Administration City Council City Manager's Office City Secretary Information Technology Finance Development Services Public Safety: Animal Control Fire Ambulance Police Municipal Court Neighborhood Services Neighborhood Services Parks Streets Economic Development TOTAL OPERATIONAL EXPENDITURES Transfers to other funds TOTAL EXPENDITURES Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 529,423 $ 789,260 $ 586,885 $ 447,740 76,922 44,939 44,828 31,278 536,917 650,727 654,524 1,010,799 136,583 193,588 183,581 233,967 - - - 312,190 409,667 645,077 568,093 561,998 $ 1,689,512 $ 2,323,591 $ 2,037,911 $ 2,597,972 $ 1,219,084 $ 1,303,678 $ 1,204,558 $ 981,486 $ 74,680 $ 67,042 $ 67,042 $ 77,327 1,412,154 1,635,570 2,078,939 2,017,811 125,167 137,684 122,250 128,400 2,245,758 2,714,987 2,735,578 3,146,015 115,912 135,934 128,768 135,245 $ 3,973,671 $ 4,691,217 $ 5,132,577 $ 5,504,798 $ - 472,605 $ - 681,312 $ - 634,944 $ 601,332 651,373 $ 472,605 $ 681,312 $ 634,944 $ 1,252,705 $ 653,421 $ 938,632 $ 805,992 $ 1,031,046 $ 88,094 $ 144,758 $ 145,333 $ 159,571 $ 8,096,387 $ 10,083,188 $ 9,961,315 $ 11,527,578 33,522 151,545 1,615,573 609,246 $ 8,129,909 $ 10,234,733 $ 11,576,888 $ 12,136,824 CITY OF ANNA GENERAL FUND REVENUE SUMMARY FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 REVENUES: Property Taxes Current Taxes $ 4,776,274 $ 5,809,827 $ 5,959,751 $ 6,638,415 Delinquent Taxes 73,191 58,923 125,847 73,000 Penalty & Interest 27,318 23,569 40,428 25,000 $ 4,876,783 $ 5,892,319 $ 6,126,026 $ 6,736,415 Sales Taxes Sales Taxes - General $ 1,468,337 $ 1,529,050 $ 1,730,000 $ 1,765,000 Sales Taxes - Streets 367,084 382,262 430,000 440,000 $ 1,835,421 $ 1,911,312 $ 2,160,000 $ 2,205,000 Charges for Services Zoning Fees 6,825 5,500 10,000 15,000 Subdivision Plats 16,385 13,000 15,000 10,000 Certificate of Occupancy 28,902 25,000 4,600 - Rentals 84,600 67,000 78,600 78,600 Park Fees 8,880 8,200 3,000 3,000 $ 145,592 $ 118,700 $ 111,200 $ 106,600 Licenses and Permits Building Permits $ 1,202,692 $ 1,212,750 $ 1,607,150 $ 2,066,000 Contractor Registration 3,650 500 10,000 11,600 Alarm Permits 11,555 9,500 12,000 12,000 Other Miscellaneous Permits 116,926 50,000 56,050 57,500 $ 1,334,823 $ 1,272,750 $ 1,685,200 $ 2,147,100 Franchise and Local Taxes Franchise Fees $ 610,624 $ 645,000 $ 600,000 $ 600,000 Mixed Beverage Tax 1,708 1,600 1,600 1,600 $ 612,332 $ 646,600 $ 601,600 $ 601,600 Investment Income $ 138,658 $ 129,714 $ 103,000 $ 70,000 Other Revenues Gain on Sale of Assets $ 184,263 $ 40,000 $ 17,432 $ - Rental Registration - - 27,250 45,000 Miscellaneous 41,749 23,150 26,064 13,300 $ 226,012 $ 63,150 $ 70,746 $ 58,300 Intergovernmental Revenue $ 93,190 $ 118,190 $ 123,195 $ 133,195 Fines $ 87,431 $ 80,000 $ 80,000 $ 80,000 Donations $ 7,425 $ 2,000 $ 375 $ - TOTAL OPERATIONAL REVENUE $ 9,357,667 $ 10,234,735 $ 11,061,342 $ 12,138,210 CITY OF ANNA GENERAL OBLIGATION DEBT SERVICE FUND FY2020-21 BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Licenses and Permits Franchise and Local Taxes Investment Income Other Revenues Intergovernmental Fines Donations TOTAL OPERATIONAL REVENUE Transfers from other funds TOTALREVENUES TOTAL AVAILABLE RESOURCES EXPENDITURES: Payroll Supplies Maintenance Services Debt Service Capital Outlay Capital Improvement Contingency TOTAL OPERATIONAL EXPENDITURES Transfers to Utility Fund TOTAL EXPENDITURES ENDING FUND BALANCES Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 281,807 $ 250,125 $ 89,877 $ 138,245 $ 1,842,459 $ 1,823,632 $ 1,863,000 $ 1,852,163 13,820 15,882 11,000 11,000 $ 1,856,279 $ 1,839,514 $ 1,874,000 $ 1,863,163 $ 1,856,279 $ 1,839,514 $ 1,874,000 $ 1,863,163 $ 2,138,086 $ 2,089,639 $ 1,963,877 $ 2,001,408 4,306 5,500 5,500 5,500 2,043,903 1,820,132 1,820,132 1,812,163 $ 2,048,209 $ 1,825,632 $ 1,825,632 $ 1,817,663 $ 2,048,209 $ 1,825,632 $ 1,825,632 $ 1,817,663 $ 89,877 $ 264,007 $ 138,245 $ 183,745 CITY OF ANNA GRANT FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 BEGINNING BALANCES $ 2,846 $ 1,789 $ (111,518) $ - REVENUES: Property Taxes $ - $ - $ - $ - Sales Tax - - - - Charges for Services - - - Licenses and Permits - - - Franchise Fees and Local Taxes - - - Investment Income - - - Other Revenues - - - Intergovernmental Revenue 82,328 19,226 146,805 581,497 Fines - - - - Donations - - - - TOTAL OPERATIONAL REVENUE $ 82,328 $ 19,226 $ 146,805 $ 581,497 Transfers from other funds 33,522 151,545 4,350 184,246 TOTAL REVENUES $ 115,850 $ 170,771 $ 151,155 $ 765,743 TOTAL AVAILABLE RESOURCES $ 118,696 $ 172,560 $ 39,637 $ 765,743 EXPENDITURES: Payroll $ 111,063 $ - $ - $ 705,868 Supplies 3,598 6,300 7,989 4,558 Maintenance - - - - Services 4,035 11,601 3,769 5,317 Debt Service - - - - CapitalOutlay 111,518 - 27,879 50,000 Capital Improvement - - - - Contingency - - - - TOTAL OPERATIONAL EXPENDITURES $ 230,214 $ 17,901 $ 39,637 $ 765,743 Transfers to other funds - - - - TOTAL EXPENDITURES $ 230,214 $ 17,901 $ 39,637 $ 765,743 ENDING FUND BALANCES $ (111,518) $ 154,659 $ - $ - CITY OF ANNA SPECIAL REVENUE FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 BEGINNING BALANCES $ 109,945 $ 106,539 $ 126,466 $ 138,239 REVENUES: Property Taxes $ - $ - $ - $ - Sales Tax - - - - Charges for Services - - - - Licenses and Permits - - - - Franchise Fees and Local Taxes PEG Fees 8,138 8,526 7,800 7,800 Investment Income 2,350 - 1,100 1,100 Other Revenues 168 - - - Intergovernmental - - - - Fines Court Technology 2,474 2,500 2,500 2,500 Building Security 1,852 1,890 2,000 2,000 Child Safety 11,857 11,500 9,000 10,000 Donations - - - - TOTAL OPERATIONAL REVENUE $ 26,839 $ 24,416 $ 22,400 $ 23,400 Transfers from other funds - - - - TOTAL REVENUES $ 26,839 $ 24,416 $ 22,400 $ 23,400 TOTAL AVAILABLE RESOURCES $ 136,784 $ 130,955 $ 148,866 $ 161,639 EXPENDITURES: Payroll $ 1,046 $ 1,800 $ 1,302 $ 1,800 Supplies - - - - Maintenance - - - - Services 9,272 9,325 9,325 9,325 Debt Service - - - - Capital Outlay - - - - Capital Improvement - - - - Contingency - - - - TOTAL OPERATIONAL EXPENDITURES $ 10,318 $ 11,125 $ 10,627 $ 11,125 Transfers to other funds - - - - TOTAL EXPENDITURES $ 10,318 $ 11,125 $ 10,627 $ 11,125 ENDING FUND BALANCES $ 126,466 $ 119,830 $ 138,239 $ 150,514 CITY OF ANNA PARKS DEVELOPMENT FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 BEGINNING BALANCES $ 702,817 $ 702,817 $ 1,192,956 $ 2,392,191 REVENUES: Property Taxes $ - $ - $ - $ - Sales Tax - - - - Charges for Services 900,150 787,500 1,194,068 885,500 Licenses and Permits - - - - Franchise and Local Taxes - - - - Investment Income 23,689 24,000 14,119 14,000 Other Revenues 15,494 - 12,848 15,000 Intergovernmental - - - - Fines - - - - Donations - - - - TOTAL OPERATIONAL REVENUE $ 939,333 $ 811,500 $ 1,221,035 $ 914,500 Transfers from other funds - - - - TOTAL REVENUES $ 939,333 $ 811,500 $ 1,221,035 $ 914,500 TOTAL AVAILABLE RESOURCES $ 1,642,150 $ 1,514,317 $ 2,413,991 $ 3,306,691 EXPENDITURES: Payroll $ - $ - $ - $ 160,311 Supplies 45,941 - 5,500 - Maintenance - 4,434 10,000 - Services 150 155,000 - 234,500 Debt Service - - - - CapitalOutlay 21,639 - 6,300 123,000 Capital Improvement 381,464 705,966 - - Contingency - - - - TOTAL EXPENDITURES $ 449,194 $ 865,400 $ 21,800 $ 517,811 Transfers to other funds - - - - TOTAL EXPENDITURES $ 449,194 $ 865,400 $ 21,800 $ 517,811 ENDING FUND BALANCES $ 1,192,956 $ 648,917 $ 2,392,191 $ 2,788,880 CITY OF ANNA FIRE CAPITAL IMPROVEMENT FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 BEGINNING BALANCES $ 52,702 $ 52,702 $ 75,020 $ 110,720 REVENUES: Property Taxes $ - $ - $ - $ - Sales Tax - - - - Charges for Services 38,400 15,000 65,000 75,000 Licenses and Permits - - - - Franchise and Local Taxes - - - - Investment Income 1,392 800 800 800 Other Revenues - - - - Intergovernmental - - - Fines - - - Donations - - - - TOTAL OPERATIONAL REVENUE $ 39,792 $ 15,800 $ 65,800 $ 75,800 Transfers from other funds - - - - TOTAL REVENUES $ 39,792 $ 15,800 $ 65,800 $ 75,800 TOTAL AVAILABLE RESOURCES $ 92,494 $ 68,502 $ 140,820 $ 186,520 EXPENDITURES: Payroll $ - $ - $ - $ - Supplies 7,906 - - - Maintenance - - - - Services - - - - Debt Service - - - Capital Outlay 9,568 30,000 30,100 - Capital Improvement - - - - Contingency - - - - TOTAL OPERATIONAL EXPENDITURES $ 17,474 $ 30,000 $ 30,100 $ - Transfers to other funds - - - - TOTAL EXPENDITURES $ 17,474 $ 30,000 $ 30,100 $ - ENDING FUND BALANCES $ 75,020 $ 38,502 $ 110,720 $ 186,520 CITY OF ANNA PUBLIC SAFETY SEIZURE FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 BEGINNING BALANCES $ 9,416 $ 8,927 $ 5,514 $ 11,917 REVENUES: Property Taxes $ - $ - $ - $ - Sales Tax - - - - Charges for Services - - - - Licenses and Permits - - - - Franchise and Local Taxes - - - - Investment Income 198 - 50 - Other Revenues 6,008 - 9,896 2,500 Intergovernmental - - - Fines - - - Donations - - - TOTAL OPERATIONAL REVENUE $ 6,206 $ $ 9,946 $ 2,500 Transfers from other funds - - - TOTAL REVENUES $ 6,206 $ $ 9,946 $ 2,500 TOTAL AVAILABLE RESOURCES $ 15,622 $ 8,927 $ 15,460 $ 14,417 EXPENDITURES: Payroll $ - $ - $ - $ - Supplies - 2,500 - Maintenance - - - Services 10,108 1,043 - Debt Service - - - Capital Outlay - - - Capital Improvement - - - - Contingency - - - - TOTAL OPERATIONAL EXPENDITURES $ 10,108 $ - $ 3,543 $ - Transfers to other funds - - - - TOTAL EXPENDITURES $ 10,108 $ - $ 3,543 $ - ENDING FUND BALANCES $ 5,514 $ 8,927 $ 11,917 $ 14,417 BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Water Sales Sewer Charges Solid Waste Charges Other Fees and Charges Licenses and Permits Franchise Fees and Local Taxes Investment Income Other Revenues Intergovernmental Fines Donations TOTAL OPERATIONAL REVENUE Transfers from other funds TOTAL REVENUES TOTAL AVAILABLE RESOURCES EXPENDITURES: Payroll Supplies Maintenance Services Water Purchases Sewer Treatment Solid Waste Other Debt Service Capital Outlay Contingency TOTAL OPERATIONAL EXPENDITURES CITY OF ANNA UTILITY FUND FY2020-21 Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 4,287,014 $ 2,700,950 $ 3,364,464 $ 3,985,083 4,225,506 4,997,184 4,997,184 5,300,000 2,622,524 2,780,504 2,780,504 3,300,000 1,077,476 1,054,314 1,054,314 1,054,314 1,069,870 1,055,383 1,421,500 1,460,633 113,599 78,290 75,600 75,600 122,744 92,100 115,700 115,700 $ 9,231,719 $ 10,057,775 $ 10,444,802 $ 11,306,247 $ 9,231,719 $ 10,057,775 $ 10,444,802 $ 11,306,247 $ 13,518,733 $ 12,758,725 $ 13,809,266 $ 15,291,330 $ 1,638,519 $ 1,960,478 $ 1,899,496 $ 2,050,648 139,703 167,666 152,155 159,096 691,593 530,785 537,800 530,775 1,049,027 1,000,000 1,000,000 1,130,400 2,401,674 2,054,500 2,054,500 2,314,148 939,780 1,011,681 1,011,681 1,042,031 1,093,702 1,140,800 1,078,350 1,153,546 2,095,315 2,091,866 2,090,201 2,095,362 104,956 - - - - 100,000 - - $ 10,154,269 $ 10,057,775 $ 9,824,183 $ 10,476,006 Transfers to other funds - - - - TOTAL EXPENDITURES $ 10,154,269 $ 10,057,775 $ 9,824,183 $ 10,476,006 ENDING FUND BALANCES $ 3,364,464 $ 2,700,950 $ 3,985,083 $ 4,815,324 Fund Balance Percentage 33.1 % 26.9% 40.6% 46.0% CITY OF ANNA ECONOMIC DEVELOPMENT CORPORATION FY2020-21 BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Licenses and Permits Franchise and Local Taxes Investment Income Other Revenues Intergovernmental Fines Donations TOTAL OPERATIONAL REVENUE Transfers from other funds TOTALREVENUES TOTAL AVAILABLE RESOURCES EXPENDITURES: Payroll Supplies Maintenance Services Debt Service Capital Outlay Capital Improvement Contingency TOTAL OPERATIONAL EXPENDITURES Transfers to other funds TOTAL EXPENDITURES ENDING FUND BALANCES Fund Balance Percentage Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 211,555 $ 189,102 $ 588,696 $ 417,877 17,045 10,776 12,000 17,476 4,669 3,996 6,000 6,000 406,393 3,000 1,500 1,500 $ 428,107 $ 17,772 $ 19,500 $ 24,976 $ 428,107 $ 17,772 $ 19,500 $ 24,976 $ 639,662 $ 206,874 $ 608,196 $ 442,853 446 - 1,200 - 3,974 5,000 1,500 3,000 46,546 70,730 187,619 96,650 $ 50,966 $ 75,730 $ 190,319 $ 99,650 $ 50,966 $ 75,730 $ 190,319 $ 99,650 $ 588,696 $ 131,144 $ 417,877 $ 343,203 1155.1 % 173.2% 219.6% 344.4% CITY OF ANNA COMMUNITY DEVELOPMENT CORPORATION FY2020-21 BEGINNING BALANCES REVENUES: Property Taxes Sales Tax Charges for Services Licenses and Permits Franchise and Local Taxes Investment Income Other Revenues Intergovernmental Fines Donations TOTAL OPERATIONAL REVENUE Transfers from other funds TOTALREVENUES TOTAL AVAILABLE RESOURCES EXPENDITURES: Payroll Supplies Maintenance Services Debt Service Capital Outlay Capital Improvement Contingency TOTAL OPERATIONAL EXPENDITURES Transfers to other funds TOTAL EXPENDITURES ENDING FUND BALANCES Fund Balance Percentage Actual Budget Estimated Budget 2018-19 2019-20 2019-20 2020-21 $ 738,851 $ 680,804 $ 978,731 $ 1,192,604 1,101,253 1,137,630 1,300,000 1,300,000 12,525 11,140 11,140 11,140 66 - - - $ 1,113,844 $ 1,148,770 $ 1,311,140 $ 1,311,140 $ 1,113,844 $ 1,148,770 $ 1,311,140 $ 1,311,140 $ 1,852,695 $ 1,829,574 $ 2,289,871 $ 2,503,744 $ 63,321 $ 110,038 $ 88,430 $ 121,985 6,564 7,600 7,100 7,100 477,196 705,256 676,131 852,804 326,883 325,876 325,606 329,251 $ 873,964 $ 1,148,770 $ 1,097,267 $ 1,311,140 $ 873,964 $ 1,148,770 $ 1,097,267 $ 1,311,140 $ 978,731 $ 680,804 $ 1,192,604 $ 1,192,604 112.0% 59.3% 108.7% 91.0% CITY OF ANNA CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM ALL FUNDS SUMMARY FUNDS Capital Non -Bond Fund Capital Bond Fund Street Maintenance Sales Tax Utility Bond Fund Utility Non -Bond Fund PID Capital Projects Park Development Fund TOTAL Actual Estimated Budget Prior Years 2019-20 2020-21 $ 384,221 $ 455,221 $ 9,076,615 3,944,623 3,829,300 21,442,774 - - 432,832 15,116 - - 1,010,888 235,667 4,827,500 977,202 1,622,798 1,500,000 449,194 140,649 1,715, 360 $ 6,781,244 $ 6,283,635 $ 38,995,081 Budget Budget Budget Budget 2021-22 2022-23 2023-24 2024-25 $ 3,900,000 $ 2,000,000 $ 2,000,000 $ 2,000,000 467,302 444,577 438,907 611,010 - 2,275,000 6,775,000 7,900,000 4,338,600 2,313,000 1,641,900 1,549,500 - 4,000,000 - - 690,000 530,000 525,000 500,000 $ 9,395,902 $ 11,562,577 $ 11,380,807 $ 12,560,510 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM CAPITAL PROJECTS NON BOND FUND Actual Estimated Budget Prior Years 2019-20 2020-21 BEGINNING BALANCE $ 1,180,184 $ 920,326 $ 3,216,618 Interest Revenue $ 36,248 $ 20,000 $ 20,000 Miscellaneous Revenue - 758,665 - Transfers In - Impact Fees 88,115 361,625 5,451,615 Transfers In - General Fund - 1,611,223 425,000 TOTAL REVENUE $ 124,363 $ 2,751,513 $ 5,896,615 TOTAL AVAILABLE RESOURCES $ 1,304,547 $ 3,671,839 $ 9,113,233 PROJECTS Professional Engineering Services 4th and Easton East/West Collector Roadway West Foster Crossing Road City Hall Municipal Complex Enterprise Resource Planning Software Ferguson Parkway Rosamond Parkway Impact Fee Study & Plan Updates Hackberry Lane Taylor Boulevard Downtown Street Expansion TOTAL PROJECTS $ 42,020 $ $ 425,000 305,608 - 36,593 374,345 - - 80,876 800,000 - 800,000 100,000 340,000 - 4,101,615 - 60,000 800,000 150,000 - - 1,500,000 $ 384,221 $ 455,221 $ 9,076,615 ENDING FUND BALANCE $ 920,326 $ 3,216,618 $ 36,618 Budget 2021-22 Budget 2022-23 Budget 2023-24 Budget Project 2024-25 Total $ $ 36,618 20,000 3,900,000 $ $ 56,618 20,000 2,000,000 $ $ 76,618 20,000 2,000,000 $ $ 96,618 20,000 2,000,000 $ 3,920,000 $ 2,020,000 $ 2,020,000 $ 2,020,000 $ 3,956,618 $ 2,076,618 $ 2,096,618 $ 2,116,618 $ $ $ $ $ 467,020 305,608 410,938 880,876 800,000 100,000 100,000 2,000,000 2,000,000 2,000,000 6,440,000 3,000, 000 - - - 7,101,615 50,000 110,000 - - - 800,000 750,000 - 900,000 - - - - 1,500,000 $ 3,900,000 $ 2,000,000 $ 2,000,000 $ 2,000,000 $ 56,618 $ 76,618 $ 96,618 $ 116,618 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM CAPITAL PROJECTS BOND FUND BEGINNING BALANCE Interest Revenue TOTAL REVENUE TOTAL AVAILABLE RESOURCES PROJECTS Engineering & Administration State Hwy 5 ROW Participation Rosamond Parkway Ferguson Parkway City Hall Municipal Complex Hackberry Drive Reconstruction Transfer out - City Hall Utility Relocation TOTAL PROJECTS ENDING FUND BALANCE Actual Estimated Budget Prior Years 2019-20 2020-21 $ 31,753,465 $ 28,536,337 $ 25,007,037 $ 727,495 $ 300,000 $ 300,000 $ 727,495 $ 300,000 $ 300,000 $ 32,480,960 $ 28,836,337 $ 25,307,037 $ 69,563 $ 8,300 $ 1,029,415 - - 248,385 150,000 150,000 100,540 50,000 - 2,448,178 3,600,000 21,292,774 - 21,000 - 48, 542 - - $ 3,944,623 $ 3,829,300 $ 21,442,774 $ 28,536,337 $ 25,007,037 $ 3,864,263 Budget Budget Budget Budget Project 2021-22 2022-23 2023-24 2024-25 Total $ 3,864,263 $ 4,164,263 $ 4,464,263 $ 4,764,263 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 4,164,263 $ 4,464,263 $ 4,764,263 $ 5,064,263 77,863 1,029,415 548,385 150,540 27, 340, 952 21,000 48,542 $ 4,164,263 $ 4,464,263 $ 4,764,263 $ 5,064,263 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM STREET MAINTENANCE SALES TAX Budget Budget 2020-21 2021-22 BEGINNING BALANCE $ 367,084 $ 364,252 Street Maintenance Sales Tax $ 430,000 $ 440,000 TOTAL REVENUE $ 430,000 $ 440,000 TOTAL AVAILABLE RESOURCES $ 797,084 $ 804,252 PROJECTS County Road 371 $ 130,072 $ 181,912 County Road 367 (Taylor) 24,705 - East 6th Street - 168,210 Easton Street - - East 7th Street 129,060 - Wortham Drive 58,995 - North Riggins Street - 72,360 North / South Interurban Street - 44,820 North James Street - - West 2nd Street - County Roads 376, 427, 366 County Road 425 County Road 365 - Wildwood Trail 90,000 - TOTAL PROJECTS $ 432,832 $ 467,302 ENDING FUND BALANCE $ 364,252 $ 336,950 Budget 2022-23 Budget 2023-24 Budget 2024-25 Project Total $ 336,950 $ 376,373 $ 445,666 $ 484,000 $ 508,200 $ 523,446 $ 484,000 $ 508,200 $ 523,446 $ 820,950 $ 884,573 $ 969,112 $ 134,595 $ - $ - $ 446,579 94,905 113,602 175,095 408,307 - - - 168,210 94,278 - - 94,278 - - 129,060 - - - 58,995 162,540 234,900 - 273,375 318,195 120,799 - - 120,799 - 129,330 129,330 150,660 150,660 45,315 45,315 - - - 90,000 $ 444,577 $ 438,907 $ 611,010 $ 376,373 $ 445,666 $ 358,102 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM UTILITY BOND FUND PROJECTS Actual Estimated Budget Prior Years 2019-20 2020-21 BEGINNING BALANCE $ 119,355 $ 105,013 $ 105,013 2022 Certificates of Obligation $ - $ - $ - 2023 Certificates of Obligation - Future Issue - Interest Revenue 774 TOTAL REVENUE $ 774 $ - $ - TOTAL AVAILABLE RESOURCES $ 120,129 $ 105,013 $ 105,013 PROJECTS Engineering & Administration $ 15,116 $ - $ - Well #9 - State Hwy 5 Utility Relocation Grayson Pump Station Treatment Plant Rehab & Expansion - TOTAL PROJECTS $ 15,116 $ - $ - ENDING FUND BALANCE $ 105,013 $ 105,013 $ 105,013 Budget Budget Budget Budget Project 2021-22 2022-23 2023-24 2024-25 Total $ 105,013 $ 105,013 $ 105,013 $ 2,505,013 2,275,000 9,175,000 7,900,000 $ $ 2,275,000 $ 9,175,000 $ 7,900,000 $ 105,013 $ 2,380,013 $ 9,280,013 $ 10,405,013 $ $ - $ - $ - $ 15,116 - 3,000,000 - 3,000,000 1,900,000 1,400,000 1,900,000 5,200,000 375,000 375,000 6,000,000 6,750,000 - 2,000,000 - 2,000,000 $ $ 2,275,000 $ 6,775,000 $ 7,900,000 $ 105,013 $ 105,013 $ 2,505,013 $ 2,505,013 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM UTILITY NON -BOND FUND PROJECTS Actual Estimated Budget Prior Years 2019-20 2020-21 BEGINNING BALANCE $ 1,310,280 $ 3,563,790 $ 3,363,123 PID Assessment $ 2,223,600 $ - $ - Utility Fund Cash Reserves - - 467,500 Developer Contributions - - Interest Revenue 50,863 35,000 30,000 Transfer - City Hall Utility Relocation 48,542 - - Transfer - Sewer Impact Fees 567,760 445,000 Transfer - Water Impact Fees 373,633 - 3,785,000 TOTAL REVENUE $ 3,264,398 $ 35,000 $ 4,727,500 TOTAL AVAILABLE RESOURCES $ 4,574,678 $ 3,598,790 $ 8,090,623 PROJECTS Professional- Engineering Services US 75 Utility Relocations Water System Maintenance Hackberry Elevated Storage Tank Wastewater Treatment Plant SCADA East Fork Regional Sewer Line Foster Crossing Water Line B Impact Fee Study & Plan Updates Well #9 Collin Pump Station Expansion Throckmorton Creek Trunk Sewer Expansion State Hwy 5 Utility Relocation Sherley Storage Tank Rehabilitation Storage Tank Painting & Rehabilitation Generator Installs Water Main Replacements Wastewater Treatment Analysis Treatment Plant Rehab & Expansion Inflow and Infiltration Projects 1 - 4 Clay Tile Sewer Main Replacement TOTAL PROJECTS 499,826 - 74,654 150,000 341,859 - - 23,414 114,363 - 58,135 1,304 - 13,000 - - - 120,000 100,000 3,700,000 250,000 - 25,000 320,000 135,000 50,000 - - 97,500 $ 1,010,888 $ 235,667 $ 4,827,500 ENDING FUND BALANCE $ 3,563,790 $ 3,363,123 $ 3,263,123 Budget Budget Budget Budget Project 2021-22 2022-23 2023-24 2024-25 Total $ 3,263,123 $ 3,393,123 $ 3,423,123 $ 3,453,123 655,000 1,563,000 1,291,900 1,049,500 583,600 - - - 30,000 30,000 30,000 30,000 3,150,000 250,000 250,000 500,000 50,000 500,000 100,000 - $ 4,468,600 $ 2,343,000 $ 1,671,900 $ 1,579,500 $ 7,731,723 $ 5,736,123 $ 5,095,023 $ 5,032,623 - - - - 499,826 600,000 500,000 1,324,654 - - 341,859 137,777 59,439 - 13,000 583,600 583,600 - - - 220,000 100,000 - 100,000 - - - 3,700,000 2,500,000 - - - 2,750,000 - 250,000 250,000 500,000 1,025,000 195,000 - - - 195,000 - 100,000 100,000 100,000 300,000 - 135,000 125,000 - 260,000 90,000 110,000 120,000 150,000 790,000 - - - - 135,000 120,000 150,000 110,000 150,000 580,000 250,000 960,000 740,000 630,000 2,580,000 - 108,000 96,900 19,500 321,900 $ 4,338,600 $ 2,313,000 $ 1,641,900 $ 1,549,500 $ 3,393,123 $ 3,423,123 $ 3,453,123 $ 3,483,123 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM PID CAPITAL PROJECTS BEGINNING BALANCE Contributions Interest Revenue Transfers In Bond Proceeds - Major Improvement Area Bond Proceeds - Improvement Area #1 TOTALREVENUE TOTAL AVAILABLE RESOURCES PROJECTS Hurricane Creek Trunk Sewer Hurricane Creek Temporary Treatment TOTAL PROJECTS Actual Estimated Budget Prior Years 2019-20 2020-21 $ $ 7,504,778 $ 5,881,980 1,014,412 67,506 - 2,072,779 5,327,283 $ 8,481,980 $ $ $ 8,481,980 $ 7,504,778 $ 5,881,980 $ 977,202 $ 1,622,798 $ - - - 1,500,000 $ 977,202 $ 1,622,798 $ 1,500,000 ENDING FUND BALANCE $ 7,504,778 $ 5,881,980 $ 4,381,980 Budget 2021-22 Budget 2022-23 Budget Budget Project 2023-24 2024-25 Total $ 4,381,980 $ 4,381,980 $ 381,980 $ 381,980 $ 4,381,980 $ 4,381,980 $ 381,980 $ 381,980 $ $ 4,000,000 $ - $ - $ 6,600,000 - - 1,500,000 $ $ 4,000,000 $ - $ - $ 4,381,980 $ 381,980 $ 381,980 $ 381,980 CITY OF ANNA CAPITAL IMPROVEMENTS PROGRAM PARK DEVELOPMENT Actual Estimated Budget FY2019 2019-20 2020-21 BEGINNING BALANCE $ 702,817 $ 1,192,956 $ 2,284,844 Developer Fees $ 900,150 $ 1,194,068 $ 885,500 Miscellaneous Revenue 15,494 24,350 15,000 Interest Revenue 23,689 14,119 14,000 TOTAL REVENUE $ 939,333 $ 1,232,537 $ 914,500 TOTAL AVAILABLE RESOURCES $ 1,642,150 $ 2,425,493 $ 3,199,344 PROJECTS Parks Master Plan Sherley Heritage Park Playground Sherley Heritage Park Train & Improvements Johnson Park Improvements Trails Natural Springs Park Improvements Slayter Creek Park Improvements Natural Springs Paw Park Land Acquisition TOTAL PROJECTS $ $ 33,037 $ 141,963 315,031 - - 22,077 76,988 510,360 - - 625,000 - 195,000 13,831 - 32,567 - 135,000 65,688 63,661 - - - 250,000 $ 449,194 $ 140,649 $ 1,715,360 ENDING FUND BALANCE $ 1,192,956 $ 2,284,844 $ 1,483,984 Budget Budget Budget Budget Project 2021-22 2022-23 2023-24 2024-25 Total $ 1,483,984 $ 1,708,484 $ 2,092,984 $ 2,482,484 $ 885,500 $ 885,500 $ 885,500 $ 885,500 15,000 15,000 15,000 15,000 14,000 14,000 14,000 14,000 $ 914,500 $ 914,500 $ 914,500 $ 914,500 $ 2,398,484 $ 2,622,984 $ 3,007,484 $ 3,396,984 $ - $ - $ - $ - $ 175,000 315,031 - 609,425 - 150,000 775,000 195,000 - - - 390,000 45,000 80,000 125,000 250,000 513,831 200,000 200,000 - - 567,567 - - - - 129,349 250,000 250,000 250,000 250,000 1,250,000 $ 690,000 $ 530,000 $ 525,000 $ 500,000 $ 1,708,484 $ 2,092,984 $ 2,482,484 $ 2,896,984 THE CITY OF Anna AGENDA ITEM: Item No. 7.c. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Terri Doby Consider/Discuss/Action regarding a Resolution ratifying the property tax revenue increase reflected in the City of Anna FY2021 Budget. (City Manager Jim Proce) SUMMARY: Section 102.007 of the Local Government Code states that "adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget". The budget is funded by a tax rate of $0.583000, which is less than the tax rate adopted last year. The total amount of revenue generated from property taxes will increase by $854,621 which is a 11.1 percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is $611,001. FINANCIAL IMPACT: Process to adopt Fiscal Year 2021 Budget. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. ATTACHMENTS: 1. FY2021 Tax Rate Ratification Resolution APPROVALS: Terri Doby, Budget Manager Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, ACKNOWLEDGING AND RATIFYING THAT THE ADOPTION OF THE FISCAL YEAR 2020-2021 ANNUAL BUDGET WILL REQUIRE RAISING MORE REVENUE FROM PROPERTY TAXES THAN IN THE PREVIOUS FISCAL YEAR WHEREAS, The City Council (the "Council") of the City of Anna wishes to comply with Section 102.007 of the Local Government Code; and WHEREAS, Section 102.007 of the Local Government Code requires a separate vote of the Council if the budget will require raising more revenue from property taxes than the previous fiscal year; and, WHEREAS, this resolution satisfies the aforementioned requirement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The facts and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Acknowledgement and Ratification The Fiscal Year 2020-2021 annual budget will raise more revenue from property taxes than the previous fiscal year's budget by $854,621 or 11.1 %, and of that amount $611,001 is tax revenue to be raised from new property added to the tax roll this year. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of September, 2020. ATTESTED: APPROVED: City Secretary Carrie L. Land Mayor Nate Pike THE CITY OF Anna AGENDA ITEM: Item No. 7.d. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Terri Doby Consider/Discuss/Action approving an Ordinance adopting the FY2021 Tax Rate. (City Manager Jim Proce) SUMMARY: The FY2021 budget can be funded by adopting a tax rate of $0.583000 cents per $100 valuation. Of the total tax rate, $0.467053 cents are dedicated to the general fund maintenance and operations (M&O) and $0.115947 cents are dedicated for the payment of general fund debt obligations, or interest and sinking (I&S). State regulations require specific language to be included in the ordinance and motion adopting the tax rate. The language in the motion is meant to reflect the change in the total tax rate while the language in section 5 of the ordinance only reflects the change in the M&O portion of the rate. The M&O rate exceeds the M&O effective rate by 7.18% and is higher than the FY2020 adopted rate resulting in a $15.51 increase on a $100,000 home. As the proposed rate exceeds the effective rate of $0.569415, the motion must be made in the following form: "I move that the property tax rate be increased by the adoption of a tax rate of $0.583000, which is effectively an 2.39% percent increase in the tax rate." In addition to statutory requirements for the language of the motion to adopt the tax rate, Sec. 26.05(b) requires 60% of the Council to vote in favor of a tax rate that exceeds the no -new -revenue tax rate. This means that 5 members of the Council must vote in favor of the motion to pass the $0.583000 rate. a1►/_1ki us] /_1>!I►yil:7_TOIF Process to adopt Tax Year 2020 / Fiscal Year 2021 property tax rate. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance adopting a tax rate of $0.583000 cents per $100 in valuation for the 2020 tax year. ATTACHMENTS: 1. FY2021 Tax Rate Adoption Ordinance APPROVALS: Terri Doby, Budget Manager Created/Initiated - 9/2/2020 Jim Proce, City Manager Final Approval - 9/4/2020 CITY OF ANNA, TEXAS Ordinance No. Ordinance Setting the Tax Rate for the Next Fiscal Year AN ORDINANCE LEVYING PROPERTY TAXES FOR USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF ANNA FOR THE 2020-2021 FISCAL YEAR; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF ANNA; PROVIDING FOR APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES; AND, PROVIDING WHEN TAXES SHALL BECOME DUE AND WHEN SAME SHALL BECOME DELINQUENT IF NOT PAID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS. SECTION 1. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of Anna, and to provide an Interest and Sinking Fund for the 2020-2021 fiscal year; upon all property, real, personal and mixed, within the corporate limits of said City subject to taxation, a tax of $0.583000 on each $100.00 in valuation of property, said tax being so levied and apportioned to the specific purposes here set forth: a. For the maintenance and support of the general government (General Fund) $0.467053 on each $100 valuation of property. b. For the purposes of creating an Interest and Sinking Fund to pay the interest and principal maturities of all outstanding debt of the City of Anna, not otherwise provided for, a tax of $0.115947 on each $100 valuation of property. SECTION 2. That taxes levied under this ordinance shall be due October 1, 2020 and if not paid on or before January 31, 2021 shall immediately become delinquent. There shall be no discount for payment of taxes on or prior to January 31, 2021. A delinquent tax shall incur all penalty and interest authorized by law, Section 33.01 of the Texas Property Tax Code, as amended, to wit: a penalty of 6% of the amount of the tax for the first calendar month the tax is delinquent plus 1 % for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent, or such other penalty as may be allowed by law. Provided, however, a tax delinquent on July 1, 2021 incurs a total penalty of 12% of the amount of the delinquent tax without regard to the number of months the tax had been delinquent. A delinquent tax shall also accrue interest at a rate of 1 % for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2021 incur an additional penalty of 15% of the amount of taxes, penalty and interest due; such additional penalty is to defray the costs of collection due pursuant to the contract with the City's attorney authorized by Section 6.30 of the Texas Property Tax Code, as amended. SECTION 3. All taxes shall become a lien upon the property against which assessed, and the city assessor and collector of the City of Anna is hereby authorized and empowered to enforce the collections of such taxes according to the Constitution and laws of the State of Texas and ordinances of the City of Anna shall, by virtue of the tax rolls, fix and establish a lien by levying upon such property, whether real or personal, for the payment of said taxes, penalty and interest; and, the interest and penalty collected from such delinquent taxes shall be apportioned to the general funds of the City of Anna. All delinquent taxes shall bear interest from date of delinquency at the rate as prescribed by state law. SECTION 4. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 5. THIS TAX RATE WILL EFFECTIVELY BE RAISED BY 7.18 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $15.51. SECTION 6. Taxes shall be payable in full at the office of the Tax Assessor/Collector, Kenneth Maun, 2300 Bloomdale Road, Suite 2366, McKinney, Texas 75071. The Town shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION7. That this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED by record roll call vote on this, the 8t" day of September 2020. ATTESTED: Ayes Nays Abstained APPROVED: City Secretary Carrie L. Land Mayor Nate Pike THE CITY OF Anna AGENDA ITEM: Item No. 7.e. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Consider/Discuss/Action Letter to Governor Abbott regarding Executive Order GA-29. (City Manager Jim Proce) SUMMARY: At the August 11 City Council Meeting, the City Council discussed the merits and intent of submitting a letter to Governor Abbott requesting that he revoke Executive Order GA-29 mandating statewide face coverings. The letter has been drafted based off the direction provided by the City Council on August 11. FINANCIAL IMPACT: There is no fiscal impact associated with this item. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1. Letter to Governor Abbott Re EO GA-29 APPROVALS: Ryan Henderson, Assistant City Manager Created/Initiated - 9/4/2020 Jim Proce, City Manager Final Approval - 9/4/2020 111 North Powell Parkway Anna, TX 75409 Phone:972-924-3325 www.annatexas.gov September 8, 2020 Honorable Greg Abbott Governor of Texas Office of the Governor P.O. Box 12428 Austin, Texas 78711-2428 Re: Request for revocation of Executive Order GA-29 Dear Governor Abbott, THE CITY OF nna The City of Anna City Council formally objects to the July 2, 2020, Executive Order GA-29 establishing a statewide face covering requirement. The City Council believes that due to the highly varied circumstances and incidences of COVID-19 in different areas of the State, that as local officials, we are more than capable of making decisions on local health issues and that we, the City Council of the City of Anna, should have the authority on whether or not face coverings should be mandated within our community. We request that you revoke Executive Order GA-29, removing the State's authority of mandating face coverings within local jurisdictions. Nate Pike, Mayor I I I N. Powell Parkway P.O. Box 776 Anna, Texas 75409 THE CITY OF Anna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 9/8/2020 Staff Contact: Consider/Discuss/Action on any items listed on any agenda;work session, regular meeting, or closed session that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 9/4/2020