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HomeMy WebLinkAbout2022-04-12 Regular Meeting PacketAGENDA City Council Meeting Tuesday, April 12, 2022 @ 6:30 PM 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 April 12, 2022, at the Anna ISD Board Room located at 201 E. 7th Street, Anna, Texas, 75409, 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. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three 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 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.Fire Department Introduction of Division Chief-EMS and Training. (Fire Chief Ray Isom) b.Recognize Finance Director for achieving recognition as a Certified Government Finance Officer with the Government Finance Officers Association of Texas. (City Manager Jim Proce) c.Recognition for receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the current fiscal period. (City Manager Jim Proce) d.Telephone Town Hall Report. (Mayor Pro Tem Lee Miller) 5.Work Session. a.Visit from County Commissioner Darrell Hale. (City Manager Jim Proce) b.Presentation on the Texas PowerSwitch. (Assistant City Manager Ryan Henderson) c.Presentation on Multiple-Family Residence, Serenity at the Square. (Director of Development Services Ross Altobelli) d.Update from Lee Lewis on the construction of City Hall. (Director of Public Works Greg Peters, P.E.) 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 City Council Meeting Minutes for March 22, 2022, Meeting. (City Secretary Carrie Land) b.Review Boards and Commissions attendance for January 2022 through March 2022. (City Secretary Carrie Land) c.Review minutes of the March 7, 2022, Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) d.Approve a Resolution authorizing the City Manager to execute a renewal of a lease agreement for the placement of antennae on the existing City of Anna water tower at 3333 N. Powell Parkway by and between the City of Anna, Texas and Rise Broadband. (Director of Public Works Greg Peters, P.E.) e.Approve a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Pulte Homes for Roadway and Water system improvements in Anna Crossing Phase 8. (Director of Public Works Greg Peters, P.E.) f.Approve a Resolution allocating $3,716,789.23 in Coronavirus State and Local Fiscal Recovery Program funds toward the rehabilitation of water and wastewater infrastructure in Downtown Anna as a Capital Improvement Project. (Director of Public Works Greg Peters, P.E.) g.Approve a Resolution accepting a partial release of a Subdivision Improvement Agreement by and between Anna Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and 40 PGE, Ltd. (Director of Public Works Greg Peters, P.E.) h.Approve a Resolution regarding the Martinez Manor, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) i.Approve a Resolution regarding the Anna Ranch, Phase 1B, Final Plat. (Director of Development Services Ross Altobelli) j.Approve a Resolution regarding the Coyote Meadows, Phase 1A, Final Plat. (Director of Development Services Ross Altobelli) k.Approve a Resolution regarding the Arden Park, Preliminary Plat. (Director of Development Services Ross Altobelli) l.Approve a Resolution regarding the Canvas at Anna, Block A, Lot 1, Preliminary Plat. (Director of Development Services Ross Altobelli) m.Approve a Resolution authorizing the City Manager to execute a contract (with two, one year options for renewal) with Pyro Shows of Texas for the 2022-2024 Independence Day Celebration (Boots and Booms) and Christmas Tree Lighting Firework shows. (Director of Neighborhood Services Marc Marchand) 7.Items For Individual Consideration. a.Consider/Discuss/Action on an Ordinance establishing a Stormwater Utility Fee for the City of Anna. (Director of Public Works Greg Peters, P.E.) b.Consider/Discuss/Action on an Ordinance creating a Stormwater Utility for the City of Anna. (Director of Public Works Greg Peters, P.E.) c.Consider approval of a Resolution authorizing the City Manager to execute a professional services agreement with Grantham & Associates for engineering design of the utility rehabilitation of Downtown Anna. (Director of Public Works Greg Peters, P.E.) d.Consider approval of a Resolution authorizing the City Manager to execute a contract by and between the City of Anna and Chambers Grove Municipal Utility District No. 1 for the City of Anna to provide wholesale treatment of residential wastewater. (Director of Public Works Greg Peters, P.E.) e.Consider/Discuss/Action on a Resolution entering into a Development Agreement with Anna 31 Retail, LP, to establish development timelines and design regulations for a multiple-family residence development on 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455). (Director of Development Services Ross Altobelli) f.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W White Street (FM 455) from C-2 General Commercial to Planned Development-MF-2 Multiple-Family Residential – High Density. (Director of Development Services Ross Altobelli) g.Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1, Concept Plan. (Director of Development Services Ross Altobelli) h.Conduct an initial Public Hearing on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) i.Conduct a second Public Hearing on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) j.Consider/Discuss/Action on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) k.Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of the Crystal Park Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) l.Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of the AnaCapri Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) m.Consider/Discuss/Action on a Resolution entering into a Development Agreement with PC5 Properties, LLC, for the Anna Business Park. (Director of Economic Development Joey Grisham) 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 exception 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). Public Facilities; potential conflict waiver 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). Boards and Commissions, GTUA Board of Directors 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 on the City’s website (www.annatexas.gov ) and 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 Friday, April 8, 2022. Carrie L. Land, City Secretary Item No. 1. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Call to Order, Roll Call, and Establishment of Quorum. 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 - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 3. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Neighbor Comments. 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 - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 4. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Reports. 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 - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 4.a. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ray Isom AGENDA ITEM: Fire Department Introduction of Division Chief-EMS and Training. (Fire Chief Ray Isom) SUMMARY: Introduction of Division Chief-EMS and Training FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Anna - Great Place to Live Goal 4: High Performing. Professional City STAFF RECOMMENDATION: No formal action ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 4/4/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 4.b. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Jim Proce AGENDA ITEM: Recognize Finance Director for achieving recognition as a Certified Government Finance Officer with the Government Finance Officers Association of Texas. (City Manager Jim Proce) SUMMARY: The Certified Government Finance Officer (CGFO) program is sponsored by the Government Finance Officers Association of Texas (GFOAT), an affiliate of the Texas Municipal League. GFOAT is a professional organization with more than 1000 members across the state. The CGFO program is designed to establish a threshold of knowledge about a broad array of government finance topics and terminology. It takes experience into consideration and recognizes that a combination of knowledge and experience can set apart those in the profession who desire to demonstrate a level of competency. This threshold is measured by a point system that gives credit for academic education, experience, professional leadership and successful passage of examinations on a variety of governmental finance topics. The CGFO program is intended to encourage a level of knowledge and professionalism in the field of government finance. It is also intended to encourage development and maintenance of professional competence for practicing governmental finance officers. FINANCIAL IMPACT: Not Applicable STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4 - High Performing, Professional City STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Alan Guard, Finance Director Created/Initiated - 4/6/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 4.c. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Terri Doby AGENDA ITEM: Recognition for receipt of the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the current fiscal period. (City Manager Jim Proce) SUMMARY: The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: a policy document a financial plan an operations guide a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award. There are over 1,700 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 21,000 members and the communities they serve. 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: N/A ATTACHMENTS: 1.AnnaTX FY2022 GFOA Award APPROVALS: Terri Doby, Budget Manager Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 PRESENTED TO City of Anna Texas For the Fiscal Year Beginning October 01, 2021 Executive Director GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award Item No. 4.d. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Joey Grisham AGENDA ITEM: Telephone Town Hall Report. (Mayor Pro Tem Lee Miller) SUMMARY: Mayor Pro-Tem Lee Miller will provide a debriefing on the most recent Telephone Town Hall Meeting on Economic Development. FINANCIAL IMPACT: Not applicable STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Information only ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 5.a. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Jim Proce AGENDA ITEM: Visit from County Commissioner Darrell Hale. (City Manager Jim Proce) SUMMARY: Commissioner Hale is visiting to meet with the Council to discuss various updates and opportunities. The City Council and Staff ere desirous to foster positive relationships with the County for mutualoutcomes for our neighbors. FINANCIAL IMPACT: Not applicable STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Information only ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 5.b. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ryan Henderson AGENDA ITEM: Presentation on the Texas PowerSwitch. (Assistant City Manager Ryan Henderson) SUMMARY: The Texas Power Switch is an independent group-switching program. The group helps Texans lower their electricity bills by bringing residents together to negotiate a better electricity rate. Interested participants register for free, without obligation. A reverse auction is organized where the provider who can offer the lowest rate, wins. All the winning plans are simple, fixed-rate plans, 100% renewable with no hidden fees. The Texas Power Switch then offers the winning plans to their participants, who can decide whether they'd like to accept or decline the offers. If they choose to accept, the group takes care of the switch. The goal of this item is to present the program and for the Council to determine whether or not they would wish to participate and partner with the Texas Power Switch. Attached as part of this item, is the presentation that will be given regarding the Texas Power Switch Program, a draft letter as part of a partnership with the City of Coppell that would resemble what Anna neighbors receive, and a list of frequently asked questions. FINANCIAL IMPACT: There is no financial impact associated with this workshop item. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna – Great Place to Live STAFF RECOMMENDATION: Staff makes no recommendation on this workshop item. If the council is receptive to the program and partnership, at the following meeting the agenda will include a memorandum of understanding between the City and iChoosr LLC. ATTACHMENTS: 1.Texas Power Switch-Group Energy Switching Intro-Anna Council Workshop- 2022-4-12 2.Sample Letter 3.Texas Power Switch FAQ - 2022 APPROVALS: Kimberly Winarski, Management Analyst Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 TEXAS POWER SWITCH GROUP ENERGY SWITCHING City of Anna - City Council Workshop April 12, 2022 Group Energy Buying: •To help people reduce their energy costs and create awareness about their energy bills •To help people make an informed decision in a safe environment •A way to reach out to residents most in need of utility bill savings •Launched in 2017 •No cost program •A public-private partnership that helps Texans save money •Eligible to Texas residents in de-regulated areas •Our next auction will be our 15th program in Texas (May 17, 2022) •Facts and Figures: •Headquartered in Austin •Bilingual Customer Care Team in Houston •43,000+ Texans have participated •$4,600,000 in electric bill savings www.texaspowerswitch.com Engage with the community1 2 3 4 VALUE PROPOSITION TO YOUR CITY Create positive local economic impacts Help residents save money Educate residents about their energy options There is no cost or financial incentive to the city to provide this program. Raise awareness about energy options/choices1 2 3 4 5 HOW THE PROGRAM BENEFITS YOUR RESIDENTS Positive impact on the environment (TPS plans are 100% renewable energy) Households working together to get a better deal Increased confidence to switch and save Provide low cost, fixed rate plan options There is no cost or obligation for residents to participate. TEXAS POWER SWITCH: AUCTION RESULTS PARTICIPATING CITIES •Registration for Texas Power Switch is fast & easy for residents (takes 2-3 minutes to complete) •The more people who register, the bigger the group and the better deals we will receive from the providers STEP 1: REGISTER STEP 2: AUCTION •15th Texas Power Switch auction is coming up! •Electric providers are invited to participate through a price-driven reverse auction process, ensuring TPS registrants get a competitive fixed rate, compared to the market. •Next auction: May 17, 2022 STEP 3: PERSONALIZED OFFER •Texas Power Switch works with the winning provider to prepare a personalized offer for each registrant •Personal offer email is issued with a link to their personal offer page •Personal offer will include a 12- and 36-month ‘fixed-rate’ plan •TPS13 personal offers arrive by: May 31, 2022 STEP 4: YOU DECIDE •Registrants have several weeks to decide if they would like to accept or decline the winning offer •If residents want to decline or ignore the winning offers, they are of course welcome to continue on with their current provider/plan. •There is no obligation to switch, no cost to decline! STEP 5: WE TAKE CARE OF THE REST •Texas Power Switch coordinates with winning provider to ensure a seamless transition for residents that opted to switch and save •Residents can sit back and enjoy the savings! •Residents have a ‘switch window’ that extends past the decision period, allowing residents a chance to switch year-round depending on their contract situation* •Spring program switch window: May 31 – October 4, 2022 HOW WOULD THIS LOOK FOR YOUR CITY?Assuming: •17,000 population (50% live in de-regulated area) •1,850 household eligible to participate (3,700 households x 50%) •4% DM registration rate (average) •25% acceptance rate (average) •$350/year annual bill savings per household (this is below average) 150-225 Households per year directly engaged! $52,500 per year in electric bill savings for local residents! Thank you Fred Wu Manager Customer Outreach Fred.wu@ichoosr.com 512.289.8644 Kelle Balch Director Community Relations Kelle.balch@ichoosr.com 832.582.4121 www.texaspowerswitch.com CITY OF COPPELL 225 E Parkway Boulevard COPPELL, TX 75019 Dear Resident, If you live in the Oncor service territory and have a choice in where you purchase your electricity, it is important to be aware of your personal contract terms and regularly shop around. If you don’t actively renew your contract, you will transition to a month-to-month plan that provides no price protection, with rates that can increase every month. *Please note, CoServ Electric Cooperative customers are NOT eligible to participate in this program. We are writing to remind you about a free and voluntary program that makes it easy to secure competitive rates and reduce your energy bills with very little effort. What is the Texas Power Switch? The Texas Power Switch is a group energy switching program that uses the collective bargaining power of residents to negotiate lower rates from providers through a bidding process. Electricity providers compete against each other with their best rates and the provider who offers the lowest rates wins. There is no cost to the residents or the City of Coppell to participate in the program, nor does the City receive any compensation to make our residents aware that this resource exists. People who accepted a 3-year offer in the last program are expected to save an average of $924. How it works: 1. Register online by May 17 – it only takes 5 minutes and it’s free to participate. You’re simply signing up to find out if you can get a lower rate. 2. Providers compete for the group’s business with their best rates and the provider who offers the lowest rate wins. 3. You will receive a personalized offer and then you decide if the new rate works for you – there is no obligation to switch. The decision deadline is June 22, but you can schedule your switch to occur any time before September 28. If you are interested in learning more or signing up, visit www.texaspowerswitch.com/coppell or scan the QR code above. You can also RSVP at https://bit.ly/PowerSwitchWebinars for one of several informational webinars. If you have any questions, email energy@texaspowerswitch.com or call 888-376-2077. Respectfully, The City of Coppell Para obtener más información en español, visite texaspowerswitch.com/texas/es Households served by utility cooperatives are not eligible to participate. 1 City Leader Frequently Asked Questions (FAQs) Updated: April 2022 2 Table of Contents Common Questions for Local Governments ............................................................................ 3 What is the city’s role? ..................................................................................................................... 3 Why should we offer this to our residents? ...................................................................................... 3 Are we promoting a private company or service? ............................................................................. 3 Who is eligible to participate? .......................................................................................................... 3 Is the program itself a competitive service? ...................................................................................... 4 Texas Power Switch Overview ................................................................................................ 4 How do we get a better rate together? ............................................................................................. 5 How is a retail provider selected or awarded? .................................................................................. 5 Who administers the program? ........................................................................................................ 5 Is the program really free? ............................................................................................................... 5 What questions will the city receive about the program? ................................................................. 6 3 Common Questions for Local Governments What is the city’s role? Your city’s voice is very much needed to activate the thousands of Texans who are intimidated by or perhaps too busy to shop for (and save on) their electricity plan every few years. TPS makes it convenient for your residents to save money, something almost every household can appreciate. As has been demonstrated across the 20+ local governments that are already offering Texas Power Switch (TPS) in their respective communities, the program offers cities a turnkey way to engage residents and, most importantly, help them reduce household expenses. TPS provides each city with ready-made marketing content that can be deployed on its website, social media, newsletters, etc. The program works with each city to develop a communication plan that is right for their community. Why should we offer this to our residents? Many individuals and residents are skeptical about scams and fake companies. Naturally, consumers shy away from programs that may seem too good to be true. The city’s support of TPS provides residents the confidence they need to sign up, check out the winning offer, and determine if it’s a better deal than their current provider/plan. The city’s participation delivers the most proven way drive resident engagement in the program. Your residents trust their city leadership to deliver programs and information that bring value to them. Are we promoting a private company or service? Many local governments are concerned about being perceived as promoting a private company or service. TPS is not affiliated with any Retail Electric Providers (REP) and our reverse auction process is both transparent and competitive. The TPS “winning provider” often changes each auction period, though some providers have worked hard to lower their prices and have won more than once. Accordingly, program promotional materials and messaging focus on the potential for customers to conveniently save money through group switching, not on a specific REP or provider. Who is eligible to participate? All households (residential customers) in a de-regulated portion of the state are free to register for TPS and see the winning rates and plans. 4 Residents living in areas served by a municipal or cooperative electric utility are not eligible to switch their provider and, consequently, not able to take advantage of TPS. If your city jurisdiction includes some areas served by either a municipal or cooperatively owned electric utility, TPS will work with your city to limit program promotion to only those residents that do have the option and opportunity to switch. Finally, for some residents in multifamily or multi-unit buildings, if residents can choose their own electric provider currently, then they can participate in TPS. If the multifamily building is not individually metered, however, those residents would not be eligible to participate directly in TPS. Is the program itself a competitive service? TPS is structured as a public-private partnership focused on educating residents and aggregating customers for the best possible electricity rate and cost. TPS provides paid marketing materials and campaigns, in addition to managing and hosting the registration website, auction process, switching process, etc. Cities use their existing marketing and communication channels to encourage residents to register for the program, which is no cost but has the potential to help each save on their electricity costs. Since there is no cost to the city, most cities are happy to partner with the program on behalf of their residents. Please see the TPS Memorandum of Understanding (MOU) for additional details on commitments/roles of both parties in this public-private partnership. Texas Power Switch Overview Texas Power Switch (TPS) helps households in your community save money. On average, 70% of Texans are paying more per year for their electricity needs than they otherwise could. TPS can often save Texans 10-20% per year on their electricity costs. Some households will save even more. Reducing household annual expenses and keeping those dollars in the wallets of your residents can help keep your community affordable and the standard and quality of living high. TPS allows residents to take advantage of a “winning rate” and plan that is simple to understand and compare against what they are paying now. Three times per year, TPS facilitates the competitive, reverse auction process with qualified retail electric providers (REPs). This competitive auction process results in the low, fixed rate for electricity that ensures no hidden fees or surprise charges. 5 How do we get a better rate together? Thousands of Texans shopping together, that’s the power of group purchasing! Compared to a basket of comparable plans from www.PowertoChoose.org on the day of our program auction, the program’s “winning” rate is typically 10% to 20% below the market average. By registering with Texas Power Switch, Texans can feel confident that they are seeing a transparent, no “gotchas” plan for their electricity needs. REPs bid their best fixed rate plans for either a 12-month or a 36-month contract, competing for the right to offer their services to these potential customers. Your residents/community members receive a cost for their electricity that they can depend on 365 days a year, 24 hours a day. All electricity supplied to residents is also guaranteed to be from 100% renewable resources. How is a retail provider selected or awarded? Texas Power Switch vets every Retail Electric Providers (REPs) by looking at their company financials, reputation, and assessing their PUCT customer satisfaction rating. Qualified companies are invited to bid in the TPS reverse auction three times each year (January, May, and September). Each program period, multiple REPs compete through several rounds of a reverse auction, with the lowest rate plan being selected as the “winning plan/provider”. Who administers the program? TPS is powered by and offered by iChoosr LLC, which has been organizing group switching programs since 2008. iChoosr has offices in the Netherlands, Belgium, Great Britain, Japan, and the US. With a focus on group energy switching, the company has helped more than 2.5 million households to seamlessly switch energy providers, including over 35,000 households in Texas. Is the program really free? Texas Power Switch develops and distributes all of the educational and promotional materials on behalf of the cities and also offers educational sessions, webinars, Bring- Your-Bill sessions, etc. to drive program participation. iChoosr earns a customer acquisition fee from the winning REPs, which means there are no direct costs for cities or their residents to participate in the program. 6 What questions will the city receive about the program? Texas Power Switch offers customer service teams to field any questions from interested program participants. You can also see our FAQs document for Residents here: https://www.texaspowerswitch.com/texas/en/faq Item No. 5.c. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Presentation on Multiple-Family Residence, Serenity at the Square. (Director of Development Services Ross Altobelli) SUMMARY: Anna Town Square Partners I, LLC would like to provide a brief overview and update on their proposed multiple-family residence development and discuss concerns associated with the existing/proposed zoning within Anna Town Square. Attached are plans that were presented at the Anna Town Square neighborhood meeting on Monday, March 28th. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: N/A ATTACHMENTS: 1.Serenity at the Square - Letter to the City Council Members 2.Serenity at the Square - SITE PLAN - COLORED - CITY DISTRIBUTION - 2022- 3-18 3.Serenity at the Square - SITE PLAN - COLORED - GARAGE PARKING - 2022-3- 24 4.Serenity at the Square - Project Elevation Vision Board APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 April 7th, 2022 City Council Members: - Mayor Pike, Councilman Toten, Councilman Vollmer, Councilman Carver, Councilman Atchley, Councilman Ussery and Councilman Miller Dear City Council Members, We are the developers and property owners of the 11.015 ACs located at the NEC of Finley Boulevard and Sharp Street. We thank you for allowing us to come speak to you at the upcoming City Council Meeting on April 12th as a “working session” forum. We would like to provide you with a history of our project. Over the past year, we have been working directly with the city staff in designing and conceptualizing a local mixed use development project within this community, which includes multi-family residences, general commercial and live/work/lifestyle units on the first floor, all of which are allowed by right within the existing zoning and Planned Development Ordinance (Ord No. 129-2004). Based on the City’s long-range plan and planned development ordinance, we have worked to unlock amenities that the local community within Anna Town Square could enjoy which includes a dog park, extension of the walking trail along Finley and Sharp as well as live/work units for potential co-working space that can be utilized by all the residents in the community. As per the planned development (Ord No. 129-2004) which allows for high density multi-family residences to be developed by right on the subject parcels, our application was submitted to the City of Anna to request an amendment for a few of the site development standards (i.e., parking, refuse facilities, open space) which will enhance the project aesthetically and provide higher development standards for the entire community. Similar site development modifications have been previously approved by Planning & Zoning and City Council on recent multi-family projects within Anna Town Square. With the support of the city staff, we were able to design this project by taking into consideration our adjoining residential neighbors to the North and East of our property. We have provided a buffer along the North and East property lines by designing a 2-story urban flat product along with a large green space instead of a three/four story multi-family building. On March 28th, we held an informal neighborhood meeting to present our project and engage with the neighbors on their thoughts, comments, and questions. There were over 100+ neighbors who attended and participated in the dialogue. We were able to field their questions and took notes on their feedback and requests. Since the neighborhood meeting, we have been working with our team to incorporate a few of these changes, which we look forward to walking you through at the upcoming working session. We sincerely appreciate your time and look forward to meeting with you on Tuesday. Sincerely, Anna Town Square Partners I, LLC. 20'20'R20'R10'R10'R20'15' 36'R5'R5'10' CROSSWALKN E X I S T I N G T R A I L SHARP STREETFINLEY BOULEVARDPOOL CALL BOX PROPOSEDCOURTYARD PROPOSED ON-STREET PARKING PROPOSED ON-STREET PARKING PROPOSED PARALLEL PARKINGPROPOSED SLIP-IN ROAD& PARALLEL PARKING30' FRONT YARDSETBACK LINE30' FRONT YARD SETBACK LINE PROPOSED LEASING8,000 SFPROPOSED RETAIL5,800 SFPROPOSED FLEX LIVE/WORK UNITS8,100 SF (7 Units) PROPOSEDTUCK-UNDER PARKING SPACES PROPOSED TANDEM PARKING SPACES PROPOSEDDETENTION AREA~10,000 SF PROPOSED 26' WIDE FIRE LANE P R O P O S E D 26' WID E FIR E LA N E PROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEPR O P OSE D CA RP O RT P R OPO S ED C A RP O RT PR O P O SE D CA RPO RT PR O P O S ED CAR P ORT PROPOSED CARPORTPROPOSED CARPORTPROPOSED CARPORT PROPOSED CARPORT U R B A N FLATS B UIL DIN G #10 2-ST O RIES TRACT 1 & 211.02 ACRES479,783 SQUARE FEET TRACT 1PORTION OF ANNA TOWNCENTER MIXED USE LLCINSTRUMENT NUMBER20150317000291340O.P.R.C.C.T. TRACT 2PORTION OF ANNA TOWNCENTER NO. 4 / SHRP, LTD.VOLUME 5631, PAGE 2600O.P.R.C.C.T. 25'25' V.A.M. EASEMENT 1 0'25'25'POCKET PARK POCKET PARK POCKET PARK MULTI-FAMILY BUILDING #43-STORIES MULTI-FAMILY BUILDING #3 3-STORIES MULTI-FAMILY BUILDING #2 4-STORIESMULTI-FAMILY BUILDING #13-STORIESU R B A N FL AT S B UIL DIN G #9 2-S TO RIES UR BA N FL ATS B UIL DIN G #8 2-STO RIES URBAN FLATS BUILDING #7 2-STORIES URBAN FLATS BUILDING #62-STORIES URBAN FLATS BUILDING #52-STORIES40'90'32'10'17'10'26' 44'75'26'53' 4"26'55' 80' R.O.W.80' R.O.W.80' R.O.W.627' 542'600'GATE GATEGATE60'DUMPSTER 15'10' LA ND S CAPE BUFFER P RO P OSED C ARP ORT PROPERTY LINE 0 10' 25' 50' 100' 200' 0 250'1000' 100'500'NVICINITY PLANHWY 5E FINLEY BLVDSHARP ST LEONARD AVESCALE: 1" = 200' #2021100.00 MF A FIRM WITH A VIBRANT & EXCITING CULTURE RECOGNIZED FOR ELEVATED DESIGN 03.17.2022SERENITY AT THE SQUARE,LUXURY APARTMENTSANNA, TEXASCopyright © JHP 2021. Not for Regulatory Approval, Permit or Construction: Brian Keith. Registered Architect of State of Texas, Registration No. 15609. SITE PLAN Total (Residential): Total (Retail on Slip-in off Finley): PROJECT DATA Residential (915 sf avg) Leasing/Amenity Existing Zoning Retail (incl. flex live/work) Site Area (Gross) 320 units 8,000 s.f. 13,900 s.f. Surface:Garages:264 sps150 sps 226,500 s.f. (incl. 3-to-1 credits) (Unit Mix: 53% 1BR, 44% 2BR, 3% 3BR) Parking Provided Open Space Provided Total: 11.02 acres Tract 1:Tract 2:9.92 acres1.1 acres Carports:165 sps 579 sps 11 sps 296 units24 unitsMF + Flex UnitsUrban Flats PD-129 (Districts D, F, I) zoned for general commercial and multi-family use 20'20'R20'R10'R10'R20'15' 36'R5'R5'10' CROSSWALKN E X I S T I N G T R A I L SHARP STREETFINLEY BOULEVARDPOOL CALL BOX PROPOSEDCOURTYARD PROPOSED ON-STREET PARKING PROPOSED ON-STREET PARKING PROPOSED PARALLEL PARKINGPROPOSED SLIP-IN ROAD& PARALLEL PARKING30' FRONT YARDSETBACK LINE30' FRONT YARD SETBACK LINE PROPOSED LEASING8,000 SFPROPOSED RETAIL5,800 SFPROPOSEDFLEX LIVE/WORK UNITS8,100 SF (7 Units) PROPOSEDTUCK-UNDER PARKING SPACES PROPOSED TANDEM PARKING SPACES PROPOSEDDETENTION AREA~10,000 SF PROPOSED 26' WIDE FIRE LANE P R O P O S E D 26' WID E FIR E LA NE PROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEPROPOSED 26' WIDE FIRE LANEU R B A N FL AT S B UIL DIN G #10 2-S T O RIES TRACT 1 & 211.02 ACRES479,783 SQUARE FEET TRACT 1PORTION OF ANNA TOWNCENTER MIXED USE LLCINSTRUMENT NUMBER20150317000291340O.P.R.C.C.T. TRACT 2PORTION OF ANNA TOWNCENTERNO. 4 / SHRP, LTD.VOLUME 5631, PAGE 2600O.P.R.C.C.T. 25'25' V.A.M. EASEMENT 1 0'25'25'POCKET PARK MULTI-FAMILY BUILDING #4 3-STORIES MULTI-FAMILY BUILDING #3 3-STORIES MULTI-FAMILY BUILDING #2 4-STORIESMULTI-FAMILY BUILDING #13-STORIESU R B A N FL AT S B UIL DIN G #9 2-ST O RIE S U R B AN FLATS B UIL DIN G #8 2-STO RIES URBAN FLATS BUILDING #7 2-STORIES URBAN FLATS BUILDING #62-STORIES URBAN FLATS BUILDING #52-STORIES40'90'32'10'17'26' 44'75'26'53' 4"26'55' 80' R.O.W.80' R.O.W .80' R.O.W.627' 542'600'GATE GATEGATE60'DUMPSTER 15'10' LAN DSCAPE B UFFE R PROPERTY LINE 0 10' 25' 50' 100' 200' 0 250'1000' 100'500'NVICINITY PLANHWY 5E FINLEY BLVDSHARP ST LEONARD AVESCALE: 1" = 200'PROPOSED CARPORTPROPOSED CARPORT PROPOSED CARPORT POCKET PARK 10'M ULTI-F A MILY B UIL DIN G #11 1-LVL. O V E R 2-LVL. PA R KIN G G A R A G E PARKING GARAGE 2-STORIES #2021100.00 MF A FIRM WITH A VIBRANT & EXCITING CULTURE RECOGNIZED FOR ELEVATED DESIGN 03.21.2022SERENITY AT THE SQUARE,LUXURY APARTMENTSANNA, TEXASCopyright © JHP 2021. Not for Regulatory Approval, Permit or Construction: Brian Keith. Registered Architect of State of Texas, Registration No. 15609. SITE PLAN Total (Residential): Total (Retail on Slip-in off Finley): PROJECT DATA Residential (915 sf avg) Leasing/Amenity Existing Zoning Retail (incl. flex live/work) Site Area (Gross) 333 units 8,000 s.f. 13,900 s.f. Surface:Garages:219 sps530 sps (Unit Mix: 53% 1BR, 44% 2BR, 3% 3BR) Parking Provided Total: 11.02 acres Tract 1:Tract 2:9.92 acres1.1 acres 749 sps 11 sps 309 units24 unitsMF + Flex UnitsUrban Flats PD-129 (Districts D, F, I) zoned for general commercial and multi-family use #2021100.00 MF A FIRM WITH A VIBRANT & EXCITING CULTURE RECOGNIZED FOR ELEVATED DESIGN 02.25.2022SERENITY AT THE SQUARE,LUXURY APARTMENTSANNA, TEXASCopyright © JHP 2021. Not for Regulatory Approval, Permit or Construction: Brian Keith. Registered Architect of State of Texas, Registration No. 15609. Monumental Architectural Corner Element (Leasing Entry) Vertical Mixed-Use/First Floor Retail Urban Flats (Front and Back)Wrap Courtyard/Community Pool and Amenities CHARACTER IMAGERY ARCHITECTURAL ELEMENTS AA #2021100.00 MF A FIRM WITH A VIBRANT & EXCITING CULTURE RECOGNIZED FOR ELEVATED DESIGN 02.25.2022SERENITY AT THE SQUARE,LUXURY APARTMENTSANNA, TEXASCopyright © JHP 2021. Not for Regulatory Approval, Permit or Construction: Brian Keith. Registered Architect of State of Texas, Registration No. 15609. CHARACTER IMAGERY LANDSCAPING ELEMENTS BB Pocket Parks/Community Open SpacesCoonection of Building Face to Walkable Public Realm Landscape as Means to Buffer Vehicular Circulation from Walkable Public Realm Item No. 5.d. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Update from Lee Lewis on the construction of City Hall. (Director of Public Works Greg Peters, P.E.) SUMMARY: This is a construction update for the new City Hall project, FINANCIAL IMPACT: None. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: None. ATTACHMENTS: APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 6.a. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for March 22, 2022, Meeting. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.Draft Minutes 03-22-22 APPROVALS: Carrie Land, City Secretary Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Regular City Council Meeting Meeting Minutes Tuesday, March 22, 2022 @ 6:30 PM Anna ISD Board Room 201 E. 7th Street Anna, Texas, 75409 The City Council of the City of Anna met at 6:30 PM, on March 22, 2022, at the Anna ISD Board Room located at 201 E. 7th Street, Anna, Texas, 75409, 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. All City Council Members were present. 2.Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led the Pledge of Allegiance. 3.Neighbor Comments. There were no public comments. 4.Reports. a.Recognize Anna Middle School Gifted and Talented Program for providing Little Libraries in City Parks. (Neighborhood Services Coordinator Olivia Demings) Students from Anna Middle School Gifted and Talented program have installed four “little free libraries” at Slayter Creek Park, Johnson Park, Natural Springs Park, and Sherley Heritage Park. The Little Coyote Libraries provide access to books for the entire community. The program is based on book donation and invites citizens to take a book and leave a book. Anna Middle School will monitor and maintain this program. The project will pass on to the next class as students move up. b.We Notice! Campaign recognition of the January, February, and March designees. (Neighborhood Services Coordinator Olivia Demings) We Notice! Campaign recognition of the January, February, and March recipients by Neighborhood Services Coordinator Olivia Demings. The "We Notice!" initiative serves to recognize a property in the City of Anna that has gone the extra mile to show pride of ownership. Each month, Neighborhood Services will select a property to recognize for their effort and role in Keeping Anna Beautiful. Creekside homeowners were selected for the January “We Notice!” Property. Code Enforcement officers have observed the family on many occasions caring for their yard. Their hard work has resulted in a beautifully landscaped home that is a great addition to the Anna Community. February’s property of the month was Bronco-MFG, located on FM455. We have observed that the property is maintained to a high standard, that litter is always removed, and that they have added their own unique flair by styling their hedges in the name of the company. The Bronco-MFG, Inc., is a Veteran Owned Business that has been a part of the Anna Community for many years. A downtown property was selected for the March property of the month. The residents of 113 East 3rd Street have maintained many enhancements to the property, including a wooden perimeter fence and concrete driveway. c.Announcement of 2021 Tree City USA Designation. (Neighborhood Services Coordinator Olivia Demings). The Tree City USA program provides communities with a four-step framework to maintain and grow their tree cover. It also gives them an avenue to celebrate their work, showing residents, visitors, and the entire country that they are committed to the mission of environmental change. d.Recognize City Secretary for achieving her Texas Registered Municipal Clerks Recertification. (City Manager Jim Proce) City Secretary Carrie Land completed her required professional education for recertification as a Texas Registered Municipal Clerk. As an officer of the City, Carrie makes every professional and personal effort to keep up-to-date in legal and administrative duties. Achieving recertification confirms her commitment to Anna. 5.Work Session. a.Biweekly Update on the Municipal Complex by Lee Lewis Construction. (Director of Public Works Greg Peters, P.E.) A representative from Lee Lewis Construction was not present. Director of Public Works Greg Peters gave a brief project update. Council requested another update with the representative present at the April 12, 2022, City Council Meeting. 6.Consent Items. Consent Agenda Items 6.c. and 6. i. were removed. MOTION: Council Member Toten moved to approve Consent Items a, b, d, e, f, g, h, j. Council Member Vollmer seconded. Motion carried 7-0. a.Approve the City Council Meeting Minutes for February 28, 2022, and March 8, 2022. (City Secretary Carrie Land) b.Review Minutes of the January 6, 2022, and February 10, 2022 (Special Called) Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) c.Approve a Resolution entering into a Development Agreement with PC5 Properties, LLC, for the Anna Business Park. (Director of Economic Development Joey Grisham) MOTION: Council Member Miller moved to take no action. Council Member Toten seconded. Motion carried 7-0. d.Monthly Financial Report for the month ending February 28, 2022. (City Manager Jim Proce) The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2022 through February 28, 2022. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections and single family residential building permits. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. e.Approve a Resolution approving a one-year extension of the primary depository bank services contract with Independent Bank. (Director of Finance Alan Guard) The contract was for an initial period of two years. The contract allows for three one-year renewal extensions. Staff is satisfied with the services provided by Independent Bank and recommends the City exercise the third and final extension. A new RFP will be distributed in 2023. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A ONE-YEAR EXTENSION OF THE PRIMARY DEPOSITORY BANK SERVICES CONTRACT TO INDEPENDENT BANK . f.Approve a Resolution approving a three-year contract with Grayson County Electric Cooperative (GCEC) for fiber and telephone services and authorizing the City Manager to execute the contract. (IT Director Kevin Johnson) The City of Anna agreed to a 10-year contract with GCEC in December of 2020 for fiber and telephone services. As part of the agreement, GCEC agreed to construct fiber lines to the new City Hall and incorporated those costs into the 10- year term of the contract. In June 2021, the City engaged a consultant to assist the City with a review of telephone costs and develop a Request for Proposal for a new telephone system for the new City Hall. The consultant's review of the GCEC contract revealed a number of items that were not advantageous to the City. The consultant recommended that the City renegotiate the contract with GCEC from a 10-year term to a 3-year term. GCEC has agreed to renegotiate the contract. The shorter term will allow the City to take advantage of specific advancements that will save the City considerable money over time. These items include: 1) competition from new providers that are starting to build infrastructure in Anna due to our growth; 2) changes in technology that will make some of our current technology obsolete, such as the current PRI lines, and the deployment of 5G technology, which will become a standard; and 3) the City will not be locked into using a GCEC telephone system and will be able to take advantage of other available telephone systems and technology. Based on the change from a 10-year term to a 3-year term, the consultant estimates the City will save $7,850. FINANCIAL IMPACT: $84,735 per year for three years. Pays for the construction costs of the fiber and three years of service for all City facilities. Funding is budgeted in the IT operating budget. A RESOLUTION APPROVING A THREE-YEAR CONTRACT WITH GRAYSON COUNTY ELECTRIC COOPERATIVE (GCEC) FOR FIBER AND TELEPHONE SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT. g.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 City of Anna, Texas, for the Crystal Park Development and authorizing the issuance of notice by the City Secretary of Anna, Texas, regarding the public hearing. (Director of Economic Development Joey Grisham) In accordance with the Crystal Park Development Agreement, the developer has submitted a petition to the City to create the Crystal Park (PID). The petition is attached to the Resolution as Exhibit A. Before the City Council can create the PID, it must hold a public hearing after 15 days' publication notice. The form of the notice is attached to the resolution as Exhibit B. 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 April 12, 2022. After the hearing, the City Council will consider a separate resolution creating the PID. 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 CITY OF ANNA, TEXAS, FOR THE CRYSTAL PARK DEVELOPMENT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. h.Development Agreement – Anna Retail Multifamily (Director of Development Services Ross Altobelli) Approve a Resolution entering into a Development Agreement with Anna 31 Retail, LP, to establish development and design regulations for residential development on 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455). The intent of the Development Agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the City to create well-designed and attractive architecture. Approving the Development Agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE-FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE EAST AND WEST SIDE OF THROCKMORTON BOULEVARD, 370± FEET SOUTH OF W. WHITE STREET (FM 455). i.Approve a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement providing limited rights on and under 0.667 acres of real property, more or less, and a temporary construction easement providing temporary limited rights on and under 0.85 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the city’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (Director of Public Works Greg Peters, P.E.) The City of Anna entered into a Development Agreement with D.R. Horton in 2021 for the construction of the public roadway, water, and sanitary sewer systems associated with the Woods at Lindsey Place development located near Rosamond Parkway and US 75. There is a tract of land owned by Two-J Partners on County Road 370, just east of Throckmorton, which is essential to the extension of the Throckmorton Creek Sanitary Sewer Extension. A sanitary sewer easement along the south and southeast edge of the Two-J property is needed for the extension of the trunk sewer. This trunk sewer will provide sewer service for three large residential developments, including the Woods at Lindsey Place, AnaCapri, and Meadow Vista subdivisions. In addition, the sewer extension will provide sewer service for the Two-J property as well. The project is key to the development of the north central portion of the City. D.R. Horton's contractor is moving forward with the utility construction, requiring the City to acquire the remaining right-of-way needed for the project. Initially, the City had great difficulty making contact with Two-J Partners, whose owners appear to reside out of state. In February, the City was notified that the owner of Two-J Partners had passed away, and that the property was being passed on to the children of the owner. At this time, the City was able to locate the family's attorney and begin coordination. City staff provided the attorney with the engineering plans, the City of Anna Wastewater Master Plans, information on future land use, and copies of the proposed easement. At the request of the attorney, staff also provided a will-serve letter demonstrating that the City will provide utility access for the property. Over the past month the City has been in touch with the attorney. Negotiations to date have been cordial and positive, but the new owners are not familiar with land development, and thus may not understand the urgency of the matter. At the suggestion of their attorney, the City is prepared to move forward with condemnation proceedings if necessary to keep the project moving forward. All purchase of real property requires approval by the City Council. Staff will continue to work to reach a reasonable negotiated settlement with the new owners and acquire the easement. However, we want to make sure that the City Council has granted staff all options available, including condemnation. If approved, this item will authorize the City to negotiate with the trust for the purchase of the necessary sewer easement based on the appraised value of the property and in accordance with State law. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.667 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.85 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Miller moved to approve the Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement providing limited rights on and under 0.667 acres of real property, more or less, and a temporary construction easement providing temporary limited rights on and under 0.85 acres of real property, more or less; authorizing the City Manager, staff, contractors, and the City’s attorneys to acquire said easements by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date; the real property as described in “Exhibit A” to the Resolution. Mayor Pike seconded. Motion carried 7-0. j.Approve a Resolution resizing the Diversity and Inclusion Advisory Commission from 11 to seven (7) members (Assistant City Manager Ryan Henderson). At the February 8, 2022, City Council Meeting, City staff presented a workshop item with a recommendation to resize the Diversity and Inclusion Advisory Commission from its current 11 members to seven members. The recommendation was made to align this advisory board with the City's other governmental boards, which all have seven members. As the Board was created by Resolution (Resolution No. 2020-07-757), a Resolution must be approved to amend the Board's size. A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING RESOLUTION NO. 2020-07- 757 CREATING THE ANNA DIVERSITY AND INCLUSION ADVISORY COMMISSION; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE COMMISSION. 7.Items For Individual Consideration. a.Zoning - Affi Addition, Block A, Lot 2R (Director of Development Services Ross Altobelli) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 2.0± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286) from C-2 General Commercial (C-2) to I-1 Light Industrial (I- 1) to allow the use of Automotive repair, major. Consider/Discuss/Action on a Resolution regarding the Affi Addition, Block A, Lot 2R, Concept Plan. The applicant is requesting to rezone the property in order to allow for the use of Automotive repair, major. Automobile repair, major: General repair or reconditioning of engines and air conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under “Automobile repair, minor”; and other similar uses. Per the zoning ordinance, the Light Industrial (I-1) district is intended to accommodate those uses that are of a non-nuisance type located in relative proximity to residential areas. A concept plan, Affi Addition, Block A, Lot 2R, accompanies this request. Mayor Pike opened the public hearing at 6:57 PM. There were no public comments. Mayor Pike closed the public hearing at 6:58 PM. (Property rezoned under this ordinance is generally located at the southeast corner of W. White Street and Standridge Boulevard) 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 Ussery seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT PLAN FOR AFFI ADDITION, BLOCK A, LOT 2R. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 7-0. b.Annexation Crystal Park. (Director of Development Services Ross Altobelli) Consider/Discuss/Act on a Resolution approving an Agreement regarding services including a plan for municipal services regarding 290.7± acres of land generally located on the west side of County Road 286, 1035± feet south of W. White Street (FM 455). Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding annexation of 290.7± acres of land into the City's corporate boundaries generally located on the west side of County Road 286, 1035± feet south of W. White Street (FM 455). Bloomfield Homes, LP, has submitted a petition to annex 290.7± acres of land located on the west side of County Road 286, 1035± feet south of W. White Street (FM 455). It is recommended that the City Council approve a resolution for an agreement regarding services and an ordinance regarding the request to annex the 290.7± acres of land located on the west side of County Road 286, 1035± feet south of W. White Street (FM 455). A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 150.2± ACRE TRACT OF LAND. MOTION: Council Member Carver moved to approve. Council Member Atchley seconded. Motion carried 7-0. Mayor Pike opened the public hearing at 7:01 PM. Developer J.R. Douglas, Douglas Properties, Inc., addressed the City Council and responded to Council Members’ questions regarding status of the project. Mayor Pike closed the public hearing at 7:03 PM. AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve. Council Member Carver seconded. Motion carried 7-0. c.Zoning Crystal Park. (Director of Development Services Ross Altobelli) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to establish zoning and rezone 391± acres located on the west side of U. S. Highway 75, 2,645± feet south of W. White Street (FM 455) in accordance with Resolution No. 2021-12-1077. Consider/Discuss/Action on a Resolution regarding the Crystal Park, Concept Plan. The proposed zoning will contain single-family homes of various sizes, townhomes, commercial, mixed-use, and professional campus development over multiples phases The permitted uses and standards for development of the Property shall be in accordance with the, SF-TH Townhome District (SF-TH), SF- Z Single Family Residence District – Zero Lot Line Homes (SF-Z), SF-60 Single- Family Residence District (SF-60), SF-72 Single-Family Residence District (SF- 72), SF-84 Single-Family Residence District (SF-84), SF-10.5 Single-Family Residence District (SF 10.5), MF-2 Multiple-Family Residential - High Density (MF-2), and C-2 General Commercial District (C-2) of the Zoning Ordinance and applicable City Regulations, except as amended and modified in the Crystal Park Development Agreement (Resolution No. 2021-12-1007). Mayor Pike opened the public hearing at 7:04 PM. There were no public comments. Mayor Pike closed the public hearing at 7:05 PM. (Property zoned under this Planned Development ordinance is generally located on the west side of U. S. Highway 75, 2,645± feet south of W. White Street (FM 455) 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 Miller moved to approve. Council Member Vollmer seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CRYSTAL PARK, CONCEPT PLAN. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. d.Zoning - Anna Retail Addition, Block A, Lot 6 (Director of Development Services Ross Altobelli) Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W White Street (FM 455) from C-2 General Commercial to Planned Development-MF-2 Multiple-Family Residential – High Density. Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1, Concept Plan. The applicant is proposing multiple-family zoning and design standards that would allow for a development layout that would support three- and four-story buildings with, one-, two-, and three-bedroom units. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. A concept plan, Anna Retail, Block A, Lots 6R, 7, 8, 9 and Block B, Lot 1, accompanies this request. Surrounding Land Uses and Zoning North - Retail and restaurant lot and vacant land zoned C-2 General Commercial East - Common area lot zoned C-2 General Commercial South - Vacant land zoned Planned Development-C-1 Restricted Commercial West - Restaurant and vacant land zoned C-2 General Commercial Proposed Planned Development Stipulations The requested zoning is PD-MF-2. This Planned Development is to allow for a high-density, multiple-family residence. Maximum height - The MF-2 base zoning only allows for two-story apartments with a maximum height of 45 feet.  The applicant is proposing both 3 and 4-story building designs that will have a maximum height of 60 feet. Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a minimum of 2 parking spaces per dwelling unit for multiple-family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered.  The applicant is proposing to reduce the required parking for studio and onebedroom units from two (2) spaces per unit to one and a half (1.5) spaces per unit.  The applicant is requesting to reduce the required covered parking 75% to 50%. Screening fence - The MF-2 zoning requires border fencing of masonry construction no less than eight feet in height be installed along the property line on any perimeter not abutting a public street-right-of-way.  The applicant is requesting to install a six-foot-high ornamental metal fence with masonry columns and landscaping.  The applicant is proposing to allow the required screening within the front yard setback along Throckmorton Boulevard and to set back the screening and fencing from the northern property line to create a walkable environment along the access easement. Open Space – The applicant is requesting to count regional detention towards overall open space provided. The regional detention lot (Anna Retail, Block B, Lot 1) is identified as a location for a Hike/Bike trail on the Parks Master Plan. Refuse Facilities - The applicant is proposing to utilize a trash compactor and trash chute for buildings exceeding 24 units. The buildings with 24 or less units will be serviced by refuse facilities per the Zoning Ordinance. The Future Land Use Plan designates this property as Community Commercial (CC). Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. The Planning and Zoning Commission recommended approval of the zoning request. Mayor Pike opened the public hearing at 7:06 PM. Project Representative Tyler Adams, AIA, Greenlight Development, presented a PowerPoint presentation and, along with Developer Eli Nunley, Notus Group, LLC, addressed the City Council with regard to the project timeline. City Council discussion ensued. MOTION: Council Member Miller moved to hold the Public Hearing open to the April 12, 2022, City Council Meeting to be held at the Anna ISD Board Room, 201 E. 7th Street at 6:30 PM. Council Member Carver seconded. Motion carried 7-0. MOTION: Mayor Pike moved to take no action on the Concept Plan. Council Member Miller seconded. Motion carried 7-0. e.Consider/Discuss/Action regarding approval of a Resolution authorizing a professional services agreement for professional services with Freese and Nichols, Inc., for the updating of the City of Anna Planning and Development Regulations. (Director of Development Services Ross Altobelli). Within the newly adopted Anna 2050 Comprehensive Plan, one of the recommended steps to achieve the land use vision desired by Anna neighbors was to rewrite the City’s development-related ordinances to align them with the vision expressed within the Comprehensive Plan and to accommodate the Future Land Use Plan. Additionally, the Plan called to establish policies to guide the appropriate mix, intensity, and design of mixed-use projects to help City staff evaluate the implications of these types of development proposals, as well as to create standards and regulations for Downtown to ensure high-quality development. This effort will align codes with the goals and recommendations of newly adopted Comprehensive Plans, modernize and simplify regulations, provide greater clarity, address possible deficiencies, improve staff efficiency, and be more user- friendly. On September 1, 2021, the City of Anna issued a Request for Proposal to be submitted by September 30, 2021. Staff received a total of 2 responses. The City's Review Committee was made up by the City Manager, Assistant City Manager, Director of Development Services, Planning staff, Director of Economic Development, Director of Neighborhood Services, and the City Engineer. Upon completing the interviews, the Review Committee unanimously recommended moving forward with Freese and Nichols based on their response and body of work. General Timeline of project – Freese and Nichols has developed an eleven-month schedule with the adoption process of the Anna Development Regulations update which is expected to begin in early April of 2022. For a detailed timeline, please review Exhibit A within the proposed Professional Services Agreement. The cost estimate of each plan is: $239,500. • Zoning, Landscape, Signage & Subdivision regulations - $189,500 • Downtown and Mixed-Use Zoning Districts and standards - $50,000 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME MOTION: Council Member Toten moved to approve. Council Member Vollmer seconded. Motion carried 7-0. f.Consider/Discuss/Action approving a Resolution appointing a Greater Texoma Utility Authority (GTUA) Board Member to Place 8. (City Secretary Carrie Land) MOTION: Council Member Miller moved to table. Council Member Toten seconded. Motion carried. 6-0. Mayor Pike left the meeting. g.Consider/Discuss/Action on revising the appointments to the 2022 Boards and Commissions Interview Committee. (City Secretary Carrie Land) At the January 25, 2022, City Council meeting, the City Council appointed Mayor Pike, Council Member Toten, and Council Member Carver to serve as the 2022 Boards and Commissions Interview Committee. MOTION: Council Member Vollmer moved to appoint Council Members Toten, Miller, and Atchley. Council Member Ussery seconded. Motion carried 7-0. h.Consider/Discuss/Action on approval of a Resolution authorizing the City Manager to execute a contract with Blue Star Utilities, LLC, for the construction of the Hurricane Creek Line "B" Sanitary Sewer project. (Director of Public Works Greg Peters, P.E.) In 2018, the City of Anna began work on plans for providing sanitary sewer service on the west side of US 75. A sanitary sewer collection system west of US 75 is required for the development and growth of the community on this large area, where multiple master planned developments are planned to be constructed. This project, known as the Hurricane Creek Line "B" trunk sewer, will provide gravity sewer from FM 455 all the way to the proposed wastewater treatment plant located at the southwest edge of Anna's ETJ. The project is critical to providing gravity sewer to the Hurricane Creek master planned development, along with multiple large tracts of land which are already planned for development. The design engineer, Birkhoff, Hendricks, and Carter, LLC, completed the engineering design and bid the project earlier this year. Bids were opened at 2:00pm on Thursday, March 10th. Seven bids were received. The lowest qualified bid was received from Blue Star Utilities, LLC. Staff is recommending approval of the Resolution authorizing the City Manager to execute contracts with Blue Star Utilities, LLC, to construct the project. Once contracts are executed, staff will work with the contractor to prepare a detailed project schedule which will be made available on the City of Anna website. The total estimated cost is $5,286,622.00. The low bid was received from Blue Star Utilities in the amount of $4,806,020.00. A 10% contingency is being recommended by City staff and the design engineer, which totals $480,602.00. The funds for the project will come from Wastewater Impact Fees. A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING THE HURRICANE CREEK LINE B SANITARY SEWER PROJECT TO BLUE STAR UTILITIES, A TEXAS LIMITED LIABILITY CORPORATION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve. Council Member Miller seconded. Motion carried 7-0. i.Consider approval of a Resolution authorizing the City Manager to execute a Purchase Order to Wopac Construction, Incorporated, for the rehabilitation of North James Street in the City of Anna, Texas. (Director of Public Works Greg Peters, P.E.) North James Street from 5th Street to Hackberry Lane is identified as a capital roadway maintenance project in the City of Anna, Texas. The existing street is comprised of an asphalt pavement in poor condition, and thus requires full depth rehabilitation. North James Street will be re-constructed using Street Maintenance Tax Funds. Since this street was originally constructed as an asphalt road, staff is recommending that the rehabilitation be done with full depth asphalt replacement, including improvements to the road base to address failures in the subgrade. The City is seeking to utilize the unit price agreement in the contract Collin County currently has with Wopac Construction, Incorporated, as it represents the best value for the City. If approved, the project will be completed in late spring/early summer of this year. The total budget is estimated at $150,000, which includes the base quote of $133,347.54 and $16,652.46 in contingency funds. Funding for the project will come from Street Maintenance Tax Funds. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE REHABILITATION OF NORTH JAMES STREET TO WOPAC CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 6-1. Council Member Toten opposed. 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 exception. 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). Proposed development; municipal facilities; utility contracts. 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). MOTION: Council Member Miller moved to enter Closed Session. Council Member Toten seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 7:58 PM. Mayor Pike left Closed Session at 9:00 PM. Mayor Pro Tem Miller reconvened the meeting at 9:44 PM. 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. No action was taken. 10.Adjourn. Mayor Pro Tem Miller adjourned the meeting at 9:45 PM. Approved on April 12, 2022. ____________________________ Mayor Nate Pike ATTEST: ____________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Review Boards and Commissions attendance for January 2022 through March 2022. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: 1.Board of Adjustment_2022_attendance 2.City Council_2022_attendance (1) 3.Diversity and Inclusion Advisory Commission_2022_attendance 4.Parks Advisory Board_2022_attendance (1) 5.Planning and Zoning Commission_2022_attendance APPROVALS: Carrie Land, City Secretary Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Anna, TX - Member Attendance Report - 2022 Board of Adjustment Member TOTALS Present:0.0% Absent:0.0% Excused:0.0% * P = Present * A = Absent * E = Excused * C = Canceled Anna, TX - Member Attendance Report - 2022 Anna, TX - Member Attendance Report - 2022 Anna, TX - Member Attendance Report - 2022 City Council Member Jan 11, 2022 Jan 25, 2022 Feb 08, 2022 Lee Miller P P Randy Atchley P P Josh Vollmer P P Danny Ussery P P Stan Carver II A P Kevin Toten P P Nate Pike P P Present:0 6 7 Absent:0 1 0 Excused:0 0 0 * P = Present * A = Absent * E = Excused * C = Canceled Feb 22, 2022 Feb 28, 2022 Mar 08, 2022 Mar 22, 2022 Apr 12, 2022 P P P P P P P P P P P P P P P P P P P P P P P P P P P P 7 7 7 7 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Apr 26, 2022 May 10, 2022 May 17, 2022 May 24, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Jun 14, 2022 Jun 28, 2022 Jul 12, 2022 Jul 26, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Aug 09, 2022 Aug 23, 2022 Sep 13, 2022 Sep 20, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Oct 11, 2022 Oct 25, 2022 Nov 08, 2022 Nov 22, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Dec 13, 2022 Dec 27, 2022 TOTALS 85.71% 85.71% 85.71% 85.71% 71.43% 85.71% 85.71% 0 0 97.62% 0 0 2.38% 0 0 0.0% Anna, TX - Member Attendance Report - 2022 Diversity and Inclusion Advisory Commission Member Jan 04, 2022 Pete Cain A Dyanne Lockridge A Alfredo Fernandez P Alycia Green A Sinisa Slavnic P Roxxanne Aragon P Elinor Williams A Gina Maria Ottavio P Maria Ervin A Blair Rackham A Kimberly Jones A Present:4 Absent:7 Excused:0 * P = Present * A = Absent * E = Excused * C = Canceled Feb 01, 2022 Mar 01, 2022 Apr 05, 2022 Jun 07, 2022 Jul 05, 2022 C A C P C P C P C A C P C A C P C A C A C P 0 6 0 0 0 0 5 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Aug 02, 2022 Sep 06, 2022 Oct 04, 2022 Nov 01, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Dec 06, 2022 TOTALS 0.0% 50.0% 100.0% 50.0% 50.0% 100.0% 0.0% 100.0% 0.0% 0.0% 50.0% 0 45.45% 0 54.55% 0 0.0% Anna, TX - Member Attendance Report - 2022 Anna, TX - Member Attendance Report - 2022 Parks Advisory Board Member Jan 24, 2022 Feb 28, 2022 Mar 28, 2022 Jon Schwyzer P P P Michelle Y Clemens P P P Elden Baker P P P Joe Crowder A P P Mackenzie Jenks P P P Eirik A Hansen P P P LeQuey Douglas A A A Present:5 6 6 Absent:2 1 1 Excused:0 0 0 * P = Present * A = Absent * E = Excused * C = Canceled Apr 25, 2022 May 23, 2022 Jun 27, 2022 Jul 25, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Aug 22, 2022 Sep 26, 2022 Oct 24, 2022 Nov 28, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Dec 26, 2022 TOTALS 100.0% 100.0% 100.0% 66.67% 100.0% 100.0% 0.0% 0 80.95% 0 19.05% 0 0.0% Anna, TX - Member Attendance Report - 2022 Anna, TX - Member Attendance Report - 2022 Planning and Zoning Commission Member Jan 03, 2022 Feb 07, 2022 Kelly Patterson-Herndon P P Latoya Grady P A Brent Thomas P P Dennis Ogan P E Donald C Henke A P Paul Wenzel P P Nick Rubits P E Present:6 4 Absent:1 1 Excused:0 2 * P = Present * A = Absent * E = Excused * C = Canceled Mar 07, 2022 Mar 08, 2022 Apr 04, 2022 May 02, 2022 Jun 06, 2022 P P E E E E P P P P P P P P 5 5 0 0 0 0 0 0 0 0 2 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Jul 04, 2022 Aug 01, 2022 Sep 05, 2022 Oct 03, 2022 0 0 0 0 0 0 0 0 0 0 0 0 Anna, TX - Member Attendance Report - 2022 Nov 07, 2022 Dec 05, 2022 TOTALS 100.0% 25.0% 50.0% 75.0% 75.0% 100.0% 75.0% 0 0 76.92% 0 0 7.69% 0 0 15.38% Anna, TX - Member Attendance Report - 2022 Item No. 6.c. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Review minutes of the March 7, 2022, Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) SUMMARY: Approved minutes from the March 7, 2022 Planning & Zoning Commission meeting 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: N/A ATTACHMENTS: 1.03-07-2022 (Signed) PZ Minutes APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 MINUTES PLANNING AND ZONING COMMISSION March 7, 2022 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on March 7, 2022, at the Anna IOU Board Room located at 201 E. 711 Street, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:12 pm. Commissioners present were Donald Henke, Nick Rubits, Kelly Patterson -Herndon, Dennis Ogan, and Paul Wenzel. Commissioner Latoya Grady and Commissioner Brent Thomas were absent. Staff present was Ross Altobelli, Lauren Mecke, and Salena Tittle. 2. Invocation and Pledge of Allegiance Commissioner Ogan gave the invocation and led the Pledge of Allegiance Before the Citizen Comment portion of the meeting was opened, Chairman Henke advised the room that the applicant for Agenda Item 12 had requested to table the item until the April Planning & Zoning Commission Meeting. Chairman Henke advised that the Commission will not be discussing the item until that time. Chairman Henke advised the audience that if they were in attendance this evening for this specific item and are unable to make the April P&Z meeting, they were welcome to speak when the item is opened to voice their concerns. He also advised the audience that if they can, in fact, attend in April it would be beneficial if they waited until then to voice their concerns. Mr. Altobelli advised the Commission that when Agenda Item 12 is brought up this evening, he will provide some additional information as it relates to the tabling request made by the applicant as well as additional information for potential outreach meeting that the applicant is proposing for the neighbors. An unknown neighbor spoke out and asked if they could receive the clarification because there were a lot of folks n attendance and a lot of misinformation that has been spread regarding the zoning case. Mr. Altobelli advised that he would prefer to wait until the public hearing is opened because it is, in fact, a public hearing and it would be better to do so. 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. 4. Location Map Consent Items A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Ogan to recommend approval of consent items 5-10. The vote was unanimous. 5. Consider/Discuss/Action to approve minutes of the February 7, 2022 Planning &Zoning Commission Meeting. Page 1 of 9 6. Consider/Discuss/Action on a recommendation regarding the Dunkin Estates, Block A, Lot 1, Development Plat. Applicant: Kirby Dunkin. 7. Consider/Discuss/Action on a recommendation regarding the Anna Ranch, Phase 1B, Final Plat. Applicant: Gehan Homes, Ltd. 8. Consider/Discuss/Action on a recommendation regarding the Anna Town Center Addition, Block A, Lots 10R & 11R, Replat. Applicant: Seminole Anna Town Center LP. 9. Consider/Discuss/Action on a recommendation regarding the Anna Town Center Addition, Block A, Lot 11 R, Site Plan. Applicant: Seminole Anna Town Center LP. 10. Consider/Discuss/Action on a recommendation regarding the East Foster Crossing, Block A, Lot 1, Site Plan. Applicant: East Foster, LLC. Items for Individual Consideration 11. Consider/Discuss/Action on a recommendation regarding the Nelson Ranch, Block A, Lots 1-6 & Block B, Lot 1 Final Plat. Applicant: Steven Nelson. Ms. Tittle gave a brief presentation Chairman Henke asked staff if the only reason why the item was before them, seeing how it is located in the ETJ, was due to the fact that they have to adhere to the Subdivision Regulations. Ms. Tittle advised yes. Chairman Henke asked staff if the Fire Department was ok with the current width of the existing access drive. Ms. Tittle advised that the Fire Department was amenable to the variance requests. A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Rubits to recommend approval of the Final Plat. The vote was unanimous. 12. Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding a request to amend the zoning of 11.0± acres located at the southeast corner of Finley Boulevard and Sharp Street from Planned Development- C-2 General Commercial to Planned Development-C-2 General Commercial/MF-2 Multiple -Family Residential — High Density (PD-C-2/MF-2) (Ord. No. 129-2004 & Ord. No, 691-2015). Applicant: Anna Town Square Partners I, LLC Mr. Altobelli gave a brief presentation and some background regarding the subject property. He also advised the Commission that staff had received a request by the applicant to table the item to the April 4"' P&Z Commission Meeting. Mr. Altobelli also advised that the applicant will be holding a public meeting with the neighbors regarding their concerns. He also advised that the applicant was not requesting increased density nor was the applicant requesting a new use. The use is already allowed. The applicant's request is to modify some of the development standards. Mr. Altobelli also advised that staff would be sending out new notices as well as a fact sheet for social media to help clear up some of the questions. The Public Hearing was opened at 7:31 p.m. Mr. Arthur Robertson, resng at 1215 Tiana Street, filled out a speaker card in opposition to the request. Mr. Robertson advised that he was available to speak in April and will wait until then to do so. Ms. Karla Beaty, residing at 2213 Nuehoff Drive, filled out a speaker card but did not indicate on the card whether she was for or against. She advised that she needed clarification on the request because the agenda states that it Page 2 of 9 was zoned C-2 General Commercial and the request is to change the zoning to C-2 General Commercial and MF- 2 Multifamily. Ms. Beaty also advised that when she looked at the zoning map online, it indicated PD-C not residential. Ms. Mecke advised that previous staff did not always label the multifamily areas as such. A lot of times they labeled it PD-C even if multifamily was allowed. Ms. Beaty advised that the answer Ms. Macke provided was even more confusing. She advised that she and other homeowners looked at the map and did their homework before purchasing their home, but that they should just accept the answer that previous staff didn't label it correctly? Chairman Henke asked if he could clarify for Ms. Beaty that in order to know exactly what is allowed on the property, you would need to read the actual Planned Development that is hyperlinked to the information box on the map. Ms. Beaty then asked why the agenda and notices read that the zoning was being changed from PD-C (Commercial) to PD-C and Multifamily. Mr. Altobelli advised that there are many different uses allowed within the Planned Development and it would be quite lengthy if staff listed every use in the zoning. Mr. Altobelli also advised that the zoning map has the link that offers anyone the chance to read the Ordinance that is specifically associated with the Planned Development. Mr. Altobelli also advised that staff understands the confusion and will be sending out new notices along with additional information as it pertains to the zoning request. Three unknown residents from the audience spoke out. Chairman Henke advised the room that the only way to see what exactly the property is zoned for is to read the Planned Development that is associated with that particular property. He also advised staff that they should only label the map to say PD instead of anything else. Ms. Tammy Snowder, residing at 2217 Nuehoff Drive, was next on the speaker card list but advised that she wishes to speak at the April meeting. Ms. Elizabeth Hickey, residing at 623 Haven Drive, was next on the speaker card list but advised that she wishes to speak at the April meeting. Mr. Wayne Marchand, residing at 639 Brook Drive, spoke in opposition of the zoning change and advised he was concerned about the possibility of Section 8 housing, HOA fees charged to him but not the apartments, the project would be an eyesore, too much lighting, and more traffic congestion. Ms. Andrea Roberts, residing at 1220 Tiana Street, spoke in opposition of the rezoning change and advised she moved out of Plano because having the apartments next to bars and restaurants was for a younger crowd. Anna is about family life and that is why she moved here. She advised that she thinks everyone in the community should be notified about the rezoning changes that occur, not just residents within 200 feet. Mr. James Chumley, residing at 612 Stars Drive, spoke in opposition of he rezoning change and advised that Sharp Street isn't big enough to hold more traffic. He also advised that when he moved into the Anna Town Square community he was shown and envisioned more quiet, fun, family stuff. Restaurants, splash pads for the kids, play areas. Never did he imagine more multifamily in the area. Ms. Amanda Joseph, residing at 2403 Thayne Drive, was next on the speaker card list but advised that she wishes to speak at the April meeting. Mr. Everett Parker, residing at 804 Westgate Court, spoke in opposition of the rezoning change and advised that he is concerned about the reduction of parking and people parking on the public roadways. Ms. Ashley Bergerson, residing at 505 Maverick Street, spoke in opposition and advised she feels the developer is going to do whatever they want and not meet with neighbors. Ms. Bergerson suggested that the Commission delay any approval of the multifamily development until there is a solution to the traffic and roadways in the area. Page 3 of 9 Chairman Henke asked staff if TXDOT is the entity responsible for Highway 5 and if staff had met and discussed the traffic issue with them. Mr. Altobelli advised that staff recently did some analysis on the traffic in the area and during the analysis it was noticed that the area met the requirements for a light. However, because of the rail crossing at the intersection the timing has to be in accordance with the any improvements that are associated within. Mr. Altobelli also advised that the Director of Public Works would be at the next meeting to discuss the findings of those improvements. Ms. Amber Johnson, residing at 612 Haven Drive, spoke in opposition and advised that she was concerned about the reduced parking. She advised that most who can afford to live in Anna, drive out of the city to go to work. The City of Anna does not have public transportation and most homes have more than one vehicle. Ms. Johnson also explained that she does not want residents from the multifamily having no place to park and resulting into parking n the neighborhood. Mr. Paul Wesebaum, residing at 1125 Tiana Street, spoke in opposition and recommended that staff do a traffic mpact analysis study. He advised he is very concerned about the traffic and does not like the idea of cars parked along the right-of-way. Mr. Nick Castillo, residing at 1205 Sharp Street, spoke in opposition to the rezoning proposal and advised that he also is concerned about traffic and that Sharp and Finley is a very congested corner. Mr. Castillo also advised that a new school is being built up the street which will only add to the traffic problem. Mr. Scott Intrieri, residing at 611 Haven Drive, spoke in opposition to the rezoning request and advised that traffic is a major concern and that the developer is just going to do what he wants. Ms. Amber Lyda, residing at 1245 Tiana Street, spoke in opposition to the rezoning request and advised that she spoke with every developer in her development and verified that no multifamily was going to be built around the subdivision. Ms. Lyda advised that is the reason why she purchased her home where she did and this was supposed to be her forever home. She also advised that when the high density residential comes in, it will tank the homes appraisal values. Ms. Lyda also advise that there have been eight accidents in the area due to the traffic problems. She would like to see the city put a pause on things until more homework is done before they approve. Chairman Henke advised that the recommendation is to hold the Public Hearing open until the April 4, 2022 Planning & Zoning Commission Meeting when the Agenda Item will be heard. A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Rubits to recommend the tem be tabled and the Public Hearing held open until the April 4� 2022 Planning & Zoning Commission Meeting. The vote was unanimous. After the motion and recommendation was made, Mr. Glenn Brown, residing at 1209 Tiana Street, came up to the podium and explained that the developer had advised him and others that the area would be retail and commercial. Not multifamily. 13. A) Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding a request to rezone 2.0± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286) from C-2 General Commercial (C-2) to 1-1 Light Industrial (1-1) to allow the use of Automotive repair, major. Applicant: SAHI - ANTOINE, LLC. Ms. Tittle gave a brief presentation. The Public Hearing was opened at 8:12 p.m. The Public Hearing was closed at 8:13 p.m. A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Ogan to recommend approval of the zoning request. The vote was unanimous. B) Consider/Discuss/Action on a recommendation regarding the Affi Addition, Block A, Lot 2R, Concept Plan, Page 4 of 9 S. Tittle gave a brief presentation. Chairman Henke asked about the screening. Ms. Tittle Advised. Chairman Henke asked about the right-of-way width. Ms. Tittle advised. A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Rubits to recommend approval of the Concept Plan. The vote was unanimous. 14. A) Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding a request to establish zoning for 43.9±acres located on the north side of Farm -to -Market Road 455, 250±feet west of County Road 287. Currently zoned: Extraterritorial Jurisdiction (ETJ). Applicant: Yn, LLC. Ms. Macke gave a brief presentation. Mr. Dylan Blackshear, Cole and Associates, gave a brief presentation on behalf of the developer. The Public Hearing was opened at 8:26 p.m. An unknown neighbor spoke from the audience asking for the developer's information. Mr. Altobelli advised the Chair that all questions and concerns should come through the Commission and that if anyone from the audience wishes to speak, that they fill out the speaker card and turn it in in order to do so. Mr. Terrell Culbertson, residing at 10429 County Road 289, spoke in opposition to the request and advised that he understands that the development is coming, but he questions putting this type of development on that particular road. The traffic and speeding is a very big problem. Mr. Culbertson also asked if a study had been done on the property tax if this development were to come in. Mr. Altobelli advised that there had not been a study done as it relates to this development plan. Mr. Culbertson asked if the property was located within the flood plain. Ms. Mecke answered yes. Mr. Culbertson asked if there were plans for any of the flood plain to be preserved or part of a trail system. Mr. Altobelli advised that the applicant has a proposed pond in the flood plain area. Mr. Altobelli also advised that the applicant is asking to annex into the city and if approved, they would have to comply and meet all of the regulations associated with that. Mr. Culbertson asked if there was going to be any drainage issues for the neighboring properties. Mr. Altobelli advised that any development would not be allowed to increase the flow of what is already existing. If the applicant increases that flow, they would be required detain that flow onsite. Mr. Culbertson advised that he still has issues with the safety and traffic issues along the right-of-way. Ms. Mecke explained to the Commission that the applicant is required, during platting, to dedicate an extra 20 feet for future right-of-way when the road expands. Mr. Mike Hendricks, residing at 311 Wilcoxson, Farmersville, spoke in opposition to the variance requests that the applicant has made along with the development in general. He advised that he does not want the development so Page 5 of 9 close to his property. Mr. Hendricks also advised that he does not understand why the applicant is asking for the variance requests and does not think the Commission should give them the variances. That there is no reason for them. He also does not think the City of Anna needs any more multifamily products. Ms. Mecke advised that if the development is approved, the applicant would be required to have masonry around the trash compactor. Also, that the applicant is requesting the same setbacks that are designated for the SF-60 Single -Family zoning. Ms. Atilla Tamesvary, residing at 9830 County Road 288, spoke in opposition and advised that she was concerned about the density moving into the area. She was under the impression that the area was zoned for 1 acre lots. Ms. Tamesvary also advised that she has a lot of concerns about the traffic along the right-of-way and accidents that have already occurred. She asked if an environmental study has been done because she has concerns about the wildlife in the area. Chairman Henke advised that he had a letter in opposition to the request from a Shawn Smith. After noticing that Mr. Shawn Smith was not in attendance, Chairman Henke read that Mr. Smith was opposed due to the deadly traffic that already exists. He also read that Mr. Smith advised that there is currently no city services in the area and he would prefer the area remain ranching and agricultural. Mr. Travis Edon, residing at 10030 County Road 288, spoke in opposition and advised he is concerned about the traffic, endangered wildlife, and concerns about the storms that come through and drainage it may cause. He also advised he was under the impression that the area would have at least one acre lots. Mr. James Chumley, residing at 612 Stars Drive, asked if the fire lanes, shown on the plan, were wide enough for our fire trucks. Chairman Henke advised yes. Mr. Chumley asked what the side yard and rear yard setbacks were going to be. Mr. Altobelli advised that the buildings themselves have to maintain a 10-foot separation between buildings. He also advised that the applicant is requesting to have a smaller courtyard. He also advised the applicant is requesting a 20-foot setback. Mr. Altobelli also advised that the applicant come to the podium to address any of the development questions that Mr. Chumley has. Mr. Blackshear came to the podium and answered Mr. Chumley's questions regarding setbacks. Mr. Chumley then asked about the amenities and where they would be located onsite. Mr. Blackshear advised. Mr. Chumley then asked for clarification for the definition of multifamily. Mr. Altobelli read the definition as it is written in our ordinance. Mr. Chumley asked if the developer would have a leasing office. Chairman Henke advised Mr. Chumley that all of his questions would be best suited for the site plan and development plan stages of the development and reminded him that this was for zoning. Mr. Chumley then advised that he opposes the applicant's zoning request. Mr. Everett Parker, residing at 804 Westgate Court, spoke in opposition and asked for clarification that the city utility line extensions would be paid for by the developer and not the residents. Chairman Henke advised the extension of the lines would be paid for by the developer. Mr. Parker then expressed how we should bring in all of these developments and let them all start building and do what they want. Page 6 of 9 Chairman Henke then advised Mr. Parker that there was no need to be sarcastic Mr. Parker advised that he is concerned about all of the growth and he would prefer that the city slow down and think about things before approving them. Ms. Elizabeth Betty Sharp, residing at 10282 County Road 288, spoke in opposition to the applicants request advising that she has concerns about the growth and how there should be more parks and wildlife and environmental areas for the residents to enjoy. She also advised that there is a problem with traffic and it will cause deaths if this development is approved. Ms. Sharp also expressed that the City of Anna does not have enough parks and nature areas for everyone to come to and enjoy. She recommended a nature educational center and gave the example of the nature preserve in Plano. Ms. Macke advised that she received Ms. Sharp's email but it accidentally got placed in with another zoning case. Ms. Macke apologized for that and ensured it would be corrected. She also read the last paragraph of the sent in letter to ensure it was recognized and on the record. Mr. Blackshear spoke to address some of the neighbor's concerns. Mr. Norris Mantooth, residing at 1209 Carinna Drive, spoke against multifamily as a whole. He also advised that he would like the Commission to really think about the fact that the city is being overrun by multifamily developments and Anna does not need another one. The Public Hearing was closed at 9:33 p.m. Commissioner Wenzel advised that he voted to approve the item when it came before them the first time. But after hearing the residents concerns, he would prefer that it remain ranching and agricultural and will be voting to deny to zoning case. Chairman Henke advised that he voted against it last time, but after taking a closer look at the Future Land Use Plan he feels this is a use that fits that plan. Commissioner Rubits explained that, although it fits with the Future Land Use Plan, he has concerns about the use. He then asked staff if the applicant will proceed forward if they are denied considering they are located in the ETJ. Mr. Altobelli advised that with the property being located in the ETJ, the applicant has every right to develop without Planning and Zoning approval. Ms. Macke advised the Commission that State Law indicates that the Commission needs to make a recommendation on zoning, but that the annexation will be going before Council at the same time as the zoning portion. A motion was made by Commissioner Wenzel, seconded by Commissioner Patterson -Herndon to recommend denial of the zoning request. The vote was 3-2 with Chairman Henke and Commissioner Rubits voting to approve the zoning request. B) Consider/Discuss/Action on a recommendation regarding the Anna West, Block A, Lot 1, Concept Plan Ms. Macke advised that this would beano action item since the zoning case was denied. Chairman Henke advised, on the record, that this item will beano action item. 15. A) Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding a request to establish zoning and rezone 391±acres located on the west side of U. S. Highway 75, 2,645± feet south of W. White Street (FM 455) in accordance with Resolution No. 2021-12-1077 for 969 single-family dwellings, detached lots and 5 commercial lots. Zoned: Extraterritorial Jurisdiction (ETJ) and SF-E Single -Family Residential. Applicant: Bloomfield Homes, LP. Page 7 of 9 Ms. Macke gave a brief presentation. Chairman Henke asked staff if there is any kind of percentage in our ordinance that should be met for a different mixture/ratio for the types of homes in a development. Ms. Macke advised no but that the Commission could direct staff to have that as an item in the future. Mr. Jim Douglas, applicant with Bloomfield Homes, provided a brief presentation. The Public Hearing was opened at 9:51 p.m. Mr. James Chumley, residing at 612 Stars Drive, addressed the Commission by advising that the residents of Anna are not opposed to multifamily but that they just want to see multifamily in areas which are a better fit. The Public Hearing was closed at 9:52 p.m. A motion was made by Commissioner Rubits, seconded by Commissioner Patterson -Herndon to recommend approval of the zoning request. The vote was unanimous. B) Consider/Discuss/Action on a recommendation regarding the Crystal Park, Concept Plan. Ms. Macke gave a brief presentation. A motion was made by Commissioner Rubits, seconded by Commissioner Patterson -Herndon to recommend approval of the Concept Plan. The vote was unanimous. 16. A) Conduct a Public Hearing/Consider/Discuss/Action on a recommendation regarding a request to rezone 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370±feet south of W White Street (FM 455) from C-2 General Commercial to Planned Development-MF-2 Multiple -Family Residential — High Density. Applicant: Anna 31 Retail, LP. Ms. Mecke gave a brief presentation. The Public Hearing was opened at 9:59 p.m. Mr. Tyler Adams, the applicant's representative from Greenlight, gave a brief presentation and answered any questions that the Commission had. Mr. Paul Wesebaum, residing at 1125 Tiana Street, came to the podium to ask a question directed at the developer. Mr. Adams answered the question. The Public Hearing was closed at 10:07 p.m. Commissioner Patterson -Herndon asked for more clarification pertaining to the retention pond and open space. Ms. Mecke answered. Mr. Altobelli advised the Commission of the intent of the developer as it relates to the entire development as a whole, the hike and bike trail, the open space, and the proposal to activate the area. Commissioner Rubits expressed concerns regarding promises made by developers for open space and trails, but they never come. Ms. Mecke advised that they could add a stipulation for it as part of their recommendation if the Commission chooses. Page 8 of 9 Commissioner Rubits expressed that he still had concerns about the developer using a retention pond as part of their required open space. A motion was made by Chairman Henke, seconded by Commissioner Patterson -Herndon to recommend approval oI the zoning request. The vote was unanimous. B) Consider/Discuss/Action on a recommendation regarding the Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1, Concept Plan. Ms. Mecke gave a brief presentation. A motion was made by Commissioner Wenzel, seconded by Commissioner Patterson -Herndon to recommend approval of the Concept Plan. The vote was unanimous. Adjourn A motion was made by Commissioner Patterson -Herndon, seconded by Commissioner Wenzel to adjourn the meeting. The vote was unanimous. The meeting adjourned at 10:26 p.m. 70 7 — rent Pf homas Planning and Zoning Commission Vice Chairman ATTEST: Page 9 of 9 Item No. 6.d. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a renewal of a lease agreement for the placement of antennae on the existing City of Anna water tower at 3333 N. Powell Parkway by and between the City of Anna, Texas and Rise Broadband. (Director of Public Works Greg Peters, P.E.) SUMMARY: Rise Broadband requested lease space on the City of Anna water tower located on the north side of the Anna Public Works property last year. Staff coordinated the contractual negotiation process with the City Attorney to prepare a formal agreement. Staff also worked with Rise Broadband to negotiate a proposed monthly lease rate of $2,150.00 per month. In addition, Rise Broadband agrees to provide the City of Anna with wireless internet service in up to three locations of the City's choosing at no cost. The final agreement represents 8 months of discussion and negotiation. As such, staff feels that this is the best possible financial agreement the City can achieve in the lease partnership. The lease space will allow Rise Broadband to continue to provide Anna neighbors with access to telecommunications data, including internet service. Staff recommends approval of the item. FINANCIAL IMPACT: Per the lease agreement, Rise Broadband will pay the City $2,150.00 per month for the lease space, and will also provide the City up to three wireless internest service locations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna – Great Place to Live STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1.RESO and Agreement - OKF-ANN New Lease APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 OKF-ANN TOWER SITE LICENSE AGREEMENT Page 1 of 13 CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER LEASE AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND SKYBEAM, LLC, A COLORADO LIMITED LIABILITY CORPORATION DOING BUSINESS AS RISE BROADBAND, IN A FORM APPROVED BY THE CITY ATTORNEY, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rise Broadband is seeking to lease space on the City of Anna water tower located at 3333 North Powell Parkway for the purpose of installing and maintaining a telecommunications antennae for internet service; and, WHEREAS, the City Attorney and City staff have reviewed the agreement and location of the proposed facility; and, WHEREAS, approval of the tower lease agreement will facilitate Rise Broadband providing telecommunications services to Anna Neighbors; and, 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 Tower Lease Agreement as shown in Exhibit “A” attached hereto. OKF-ANN TOWER SITE LICENSE AGREEMENT Page 2 of 13 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike OKF-ANN TOWER SITE LICENSE AGREEMENT Page 3 of 13 EXHIBIT “A” (following page) OKF-ANN TOWER SITE LICENSE AGREEMENT Page 4 of 13 TOWER SITE LICENSE AGREEMENT THIS TOWER SITE LICENSE AGREEMENT (this “License”) is entered into between the City of Anna (the “City”), a Texas municipal corporation, and Skybeam, LLC a Colorado limited liability company dba Rise Broadband (“Licensee”), with its principal business at 61 Inverness Dr. E, Suite 250, Englewood, CO 80112. WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the “Parties”, or, each individually, as “Party”; and WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna Facilities, as hereinafter defined; and, WHEREAS, Licensee seeks to provide high-speed internet services to citizens and businesses within and near the City’s corporate limits, and it is in the best interests of the City to facilitate the provision of such services upon the terms set forth in this License. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Property. (a) The City is the titleholder or otherwise controls that certain real property located at 3333 N Powell Parkway, Anna, TX (hereinafter referenced as the “City’s Property”), which is described on the attached Exhibit A, incorporated herein by reference for all purposes. The parties agree that the City’s Property in Exhibit A is correctly described. (b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 3333 N Powell Parkway, Anna, TX (said tower hereinafter referenced as the “Tower Structure”), subject to the terms of this License. The License allows the Licensee to place communications devices and equipment (said devices and equipment herein referenced as “Communication Equipment”) at or within a close distance of the base of the Tower Structure and to mount certain communication facilities (said communication facilities herein referenced as “Antenna Facilities”) onto the Tower Structure. The Communication Equipment must be stored within a closed box (said box hereinafter referenced as “Equipment Enclosure”). The relative location within the City’s Property of the Equipment Enclosure and the Antenna Facilities as shall be as depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes. During the Term, as defined hereinafter, the Licensee may run cables and wires under, over and across the City’s Property to connect Licensee’s Antenna Facilities to its Communication Equipment and shall have the right to access and maintain same in accordance with this License; provided, however, that the running of such cables and wires shall not unreasonably interfere with the City’s use of the City’s Property. Licensee is also granted a non-exclusive license for reasonable access to the City’s Property when installing, removing, replacing, and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities. 2. Term. The term of this License shall be ten years (the “Term”), commencing on the Commencement Date of this License, subject to earlier termination as provided for under this License. This License shall terminate at the end of the Term unless before then the parties agree in writing ninety (90) days before the end of the term to extend this License for an additional period of time. 3. Payments/Compensation. (a) Licensee shall make monthly payments to the City on the 5th day of each month beginning during the month that the Commencement Date occurs, which shall be ninety (90) days after OKF-ANN TOWER SITE LICENSE AGREEMENT Page 5 of 13 the Effective Date. Said payments shall be made to the City or to such other person, firm, or place as the City may, from time to time, designate in writing at least 30 days in advance of any payment date. (b) Said monthly payments shall be in the amount of $$2,150.00. (c) As additional compensation for this License, Licensee shall during the Term of this License, and at the City’s option, furnish—at no cost to the City—wireless internet services to up to 3 locations at the City’s discretion (City buildings, facilities and parks) at the widest bandwidth and at the highest speed that Licensee offers or makes available to its commercial/business customers, along with the highest capacity and highest performing hardware/equipment (including but not limited to dishes/receivers, signal relay/boost equipment, modems, routers, etc.). (d) In the event of termination of this License for any reason(s) other than Licensee’s nonpayment of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee’s failure to provide services to the City in accordance with paragraph (c), above, payments due shall be calculated on a prorated basis as of the date the Communication Equipment, Equipment Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are fully removed from the City’s Property and Licensee restores the City’s Property to the condition in which it existed as of the Commencement Date, excepting normal wear and tear and restoration being required only to the extent that Licensee or Licensee’s property or use thereof caused any changes to the condition of the City’s Property. In the event that payments are calculated on a prorated basis as set forth in the preceding sentence, and the City is in receipt of prepaid amounts that exceed the prorated amount due, such excess amount shall be refunded to Licensee. However, any prorated payment that would otherwise be refunded to Licensee under this or any other provision of this License shall be subject to deductions of all costs incurred by the City if Licensee fails to remove its equipment and restore the City’s Property as described above within 60 days of notice of termination. The City shall provide any prorated refund thereafter due within 90 days after notice of termination. 4. Use. (a) Unless under a prior written agreement signed by the City and only to the extent permitted thereunder while such agreement shall remain in effect, Licensee has no right to enter, access or use the City’s Property until the Commencement Date. Notwithstanding any other provision of this License, Licensee agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict during the Term, and Licensee’s use and rights under this License shall be subordinated accordingly. (i) The City. (ii) Public safety agencies, including law enforcement, fire, and ambulance services that are not part of the City. (iii) Government-regulated entities providing services to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone service. (b) Licensee’s use of the City’s Property shall include and be limited to the installation, operation, and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities and associated cables/wires necessary for the transmission and reception of radio communication signals and for the operation of related equipment in accordance with the provisions of this License. Licensee shall at all times act and be in compliance with all federal, state, and local laws and regulations. If for any reason Licensee’s use fails to comply with any federal, state or local law or regulation and Licensee fails to bring its use within compliance OKF-ANN TOWER SITE LICENSE AGREEMENT Page 6 of 13 within 30 days of written notice of such noncompliance, this License shall be terminated as provided herein, unless sooner authorized by such applicable law. The City agrees to reasonably cooperate with Licensee in obtaining, at Licensee’s sole expense, all additional licenses and permits required for Licensee’s use of the City’s Property. 5. Installation of Improvements. Access. Utilities. (a) Licensee’s installation of any equipment or personal property and construction of any structures or other improvements shall be done according to plans submitted by Licensee and approved by the City, and no equipment or property shall be subsequently relocated without the City’s approval. During the term of this License, Licensee shall have the nonexclusive right to use the City’s Property for the purpose of transmitting and receiving radio communication signals. The City specifically reserves the right to allow the City’s Property to be used by other parties of the type and for the purposes generally described in this License, and to make additions, deletions or modifications to the Tower Structure on the City’s Property. (b) Subject to Paragraph 4(a), both parties each agree not to: (1) use, or permit their employees, invitees, licensees, or agents to use, any portion of the City’s Property in a way that materially interferes with the operations of the other party; or (2) install or operate, or allow others to install or operate, equipment on the City’s Property that will cause interference with the other party’s equipment. Subject to Paragraph 4(a), if any such equipment on the City’s Property causes interference to Licensee’s Equipment, Licensee shall notify the City and the City shall eliminate, or cause to be eliminated, such interference as soon as practicable after Licensee’s notification. Licensee shall cooperate with the City to identify the source of such interference and aid in its timely elimination. Subject to Paragraph 4(a), if the City is unable to eliminate any such interference within three business days, such interference shall be considered a default under this Agreement. (c) Licensee may request to add, upgrade or replace Communication Equipment, Equipment Enclosure and/or Antenna Facilities from time to time. For any equipment necessary for replacement and/or upgrade that is similar to size and loading of the existing equipment the City Manager will only require advance notice that is at least five (5) days prior to installation. If additional equipment or changes are required, Licensee shall submit to the City a structural study as may be reasonably requested for the City’s evaluation of proposed additions or upgrades. All costs for required structural studies will be paid by Licensee within 30 days of receipt of a detailed invoice. The City reserves the right to: (1) require renegotiation as to the amount of the required payments set forth in Paragraph 3(b) if in the City’s judgment Licensee’s proposed additions and/or upgrades of the Antenna Facilities and/or Communication Equipment justify an increase; and (2) deny such additions and/or upgrades if such renegotiations do not result in a mutually agreeable amendment to this License. (d) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on the licensed portions of the City’s Property the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee’s improvements and personal property as described in Exhibit B and approved by the City. All such improvements shall be constructed in accordance with the City’s specifications and according to a site plan approved by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee’s improvements and personal property, shall remain the exclusive property of Licensee, subject to Paragraph 8(g) of this License. No equipment shall be stored on the City’s Property outside of the Equipment Enclosure, and all appropriate permits must be obtained prior to construction and use of the Equipment Enclosure. OKF-ANN TOWER SITE LICENSE AGREEMENT Page 7 of 13 (e) Licensee, at all times during this License, shall have access to the licensed portions of the City’s Property and the Equipment Enclosure in order to install, operate and maintain its Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval of the City and in the presence of an employee of the City. Licensee shall request access to the Tower Structure at least 24 hours in advance and the City’s approval thereof shall not be unreasonably withheld or delayed. If Licensee requests access to the City’s Property or Tower Structure outside normal City business hours, Licensee shall be responsible for payment of all costs, including but not limited to salary/overtime costs, incurred by the City as a result of providing the requested access to the Licensee. Full reimbursement shall be provided to the City within thirty days of receipt of the City’s written request for reimbursement. (f) The City shall allow for access to electricity associated with Licensee’s use of the City’s Property. All utilities will be buried unless otherwise approved by the City in writing. (g) Licensee shall have sole responsibility for the maintenance, repair, and security of its Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee’s improvements and personal property, and shall keep the same in good repair and in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining the Tower Structure that are due to the presence of or the installation of the Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of Licensee’s improvements and personal property, will be the responsibility of Licensee. (h) Licensee will adhere to all applicable OSHA safety requirements. (i) Licensee shall place no advertising on the site or on any structure on the site. (j) All of Licensee’s equipment and operations will comply with any applicable noise and nuisance ordinances of the City. 6. Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required under this License. 7. Licensee Defaults. (a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any one or more of the following events shall constitute an “Event of Default” hereunder by Licensee: (i) The failure by Licensee to make any payment of rent or any other payment required to be made by Licensee hereunder, as and when due, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (ii) The failure by Licensee to observe or perform any of the covenants or provisions of this License to be observed or performed by the Licensee, where such failure shall continue for a period of 20 days after written notice thereof is received by the Licensee from the City. (b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to the City at law or in equity, the City shall have the option to terminate this License and all rights of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver is set forth in a duly authorized written document properly adopted and signed by the party OKF-ANN TOWER SITE LICENSE AGREEMENT Page 8 of 13 granting the waiver and delivered to the other party. Any waiver of any right under this License shall not be deemed a waiver of any other rights under this License. 8. Termination and Suspension. (a) This License may be terminated as follows: (i) By either party, upon a default of any covenant or term hereof by the other party, which default is not cured within 30 days of receipt of written notice of default to the other party; (ii) By Licensee, if it is unable through no fault of its own to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Licensee business, after pursuing such license, permit, or other approval with due diligence; (iii) By the City, if it determines in its sole discretion and for any reason, that the Tower Structure is structurally unsound for its intended use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Tower Structure or the City’s Property from any source, or factors relating to condition of the City’s Property; (iv) By the City, if it determines that the Antenna Facilities unreasonably interfere with another user with a higher priority as set forth in Paragraph 4(a) or Paragraph 5(b) if Licensee cannot correct the interference within 30 days; (v) By Licensee, if it determines that the City is unreasonably interfering with Licensee’s Antenna Facilities as set forth in Paragraph 5(b) if the City cannot correct the interference within 30 days; (vi) By the City, if Licensee’s use of the City’s Property is or becomes illegal under any federal, state or local law, rule or regulation; or (vii) By Licensee, by providing written notice of such termination to the City and paying a termination fee equal to three (3) monthly payments in addition to all other sums then due to the City under this Agreement. (b) This License shall be considered suspended temporarily if: (1) the City determines that maintenance or repairs must be performed to the City’s Property or to the Tower Structure; (2) such maintenance or repairs require removal of all or a part of the Communication Equipment, Equipment Enclosure, Antenna Facilities, any other associated cables/wires, or any other property of Licensee (collectively, “Licensee’s Property”); and (3) such removal results in Licensee’s inability, through no fault on its part, to broadcast its transmissions as intended. Whenever practicable, the City shall provide Licensee with written notice specifying the part or parts of the Licensee’s Property that must be removed and an estimated duration of time before reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event later than the 30th day after such written notice. If Licensee does not timely remove the parts of Licensee’s Property specified for removal, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. The City shall have no obligation to replace or reinstall any of Licensee’s Property that has been removed. Licensee’s removal and any subsequent reinstallation of any of Licensee’s Property shall be at Licensee’s own expense. Further, the City shall at no time be responsible OKF-ANN TOWER SITE LICENSE AGREEMENT Page 9 of 13 for any damage to Licensee’s Property related, directly or indirectly, to any removal or reinstallation of Licensee’s Property or any part thereof. (c) In the event of an emergency concerning public health and safety, the City may facilitate removal of Licensee’s Property at any time and by any means the City determines to be necessary to avoid or defend against potential death, injury, or damage to property. This may include without limitation requiring Licensee to remove same without notice or with very short notice, depending on the circumstances. For the time period that Licensee is, through no fault on its part, unable to broadcast its transmissions as intended due to such removal, the License shall be considered to be suspended. (d) As it relates to removal of Licensee’s Property during any period of suspension under this License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date upon which the Licensee shall be allowed to reinstall any of Licensee’s Property. Any suspension described in this License shall be considered to be concluded on the tenth day after the designated reinstallation date whether or not the Licensee’s Property has been reinstalled and whether or not the Licensee has resumed transmissions from the Tower Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall refund a prorated amount of any fees already paid to the City. Such repayment amount shall represent and be in the sum of the fees that Licensee would otherwise have been obligated to pay during the suspension period were it not for the suspension. A suspension of this License shall not toll or otherwise alter the Term of this License. (e) Should it at any time be determined by the City that the Tower Structure must be removed or modified—or that the City’s Property must be configured or otherwise used—in a way that precludes Licensee’s use thereof, then this License may be terminated by the City by providing 90-days written notice. This termination remedy is in addition to and cumulative of any other termination provision in this License. In the event that the City provides such notice, then Licensee must remove—no later than the 90th day after such written notice—Licensee’s Property from the Tower Structure and from the City’s Property. If Licensee fails to timely remove any part of Licensee’s Property, then the City may facilitate the removal of same by any means and Licensee must in that event reimburse the City for any removal expenses. Further, the City shall at no time be responsible for any damage to Licensee’s Property. (f) The City shall not in any manner be liable for any expense or damages whatsoever, including without limitation consequential damages, loss of use, loss of profits, or any other costs, claims or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the removal of any of Licensee’s Property in accordance with this License; or (2) the City suspension or termination of this License in accordance with the provisions of this License, which shall not be considered a breach of this License. (g) Upon termination of this License for any reason, Licensee shall remove any remaining part of Licensee’s Property from the Tower Structure and the City’s Property within 60 days after the date of termination, and shall restore the City’s Property to the condition it was in on the Commencement Date of the term of this License ordinary wear and tear excepted, all at Licensee’s sole cost and expense. Any such property which is not removed by end of said 60- day period shall become the property of the City. 9. Insurance. (a) Licensee shall provide Comprehensive General Liability Insurance coverage, including premises/operations coverage, independent contractor’s liability, completed operations coverage, contractual liability coverage, and the City will be held harmless for acts of outside OKF-ANN TOWER SITE LICENSE AGREEMENT Page 10 of 13 vendors in a combined single limit of not less than $1,000,000 per occurrence, and $4,000,000 aggregate, and name the City as an additional insured on such policy or policies. Licensee may satisfy this requirement by an endorsement to its underlying insurance or umbrella liability policy. (b) Neither party shall be liable to the other (or to the other’s successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard “All Risk” insurance policy, and, in the event of such insured loss, neither party’s insurance company shall have a subrogated claim against the other. (c) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Texas, which includes all coverage required above. Said certificate shall also provide that the coverage may not be cancelled, expired, or materially changed without 30 days prior written notice to the City. 10. Adverse Medical Effect. In the event that it is established that Licensee’s operation of the wireless facility is determined to be medically related to a health problem, the City must notify Licensee of the related issues. In the event that Licensee causes, permits or allows such activities determined to be medically related to a health problem to continue, the City shall have the right to immediately terminate this License if Licensee fails to discontinue or remedy the operation within 30 days of written notice of any such relationship 11. Damage or Destruction of Property. If the City’s Property, Tower Structure, or Antenna Facilities are destroyed or damaged so as, in Licensee’s judgment to render the site unusable as Antenna Facilities, Licensee may elect to terminate this License upon 30 days written notice to the City. In the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of any prepaid rent prorated prior to the date of termination. 12.INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF THE CITY’S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF LITIGATION INCLUDING WITHOUT LIMITATION EXPERT WITNESS FEES AND RELATED EXPENSES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY THE CITY OR FOR WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE OR FROM THE INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR PRESENCE OF LICENSEE’S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICAL INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE’S TRANSMISSION OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO ENFORCE THIS INDEMNITY PROVISION. LICENSEE’S OBLIGATIONS TO SO INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT. OKF-ANN TOWER SITE LICENSE AGREEMENT Page 11 of 13 13.Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return receipt requested to the following addresses: If to the City, to: City Manager City of Anna P.O. Box 776 Anna, TX 75409 If the Licensee, to: Skybeam, LLC dba Rise Broadband 61 Inverness Dr. E., Suite 250 Englewood, CO 80112 Attn: Contract Administrator 14. Representations and Warranties. a) The City warrants that (1) it has full right, power, and authority to execute this License; and (2) to the best of its knowledge, it has good and unencumbered title to the City’s Property free and clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of control over same for the full duration of the Term. b) Licensee represents and warrants that its storage and use of any substance or material on the City’s Property will comply with applicable federal, state or local law or regulation and that it will store and use said substance or material on the City’s Property only if necessary for its transmission operations. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, DAMAGE, AND EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES AND RELATED COST AND EXPENSES OF LITIGATION INCLUDING WITHOUT LIMITATION EXPERT WITNESS FEES AND RELATED EXPENSES, RELATING TO, ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE ABOVE REFERENCED MATERIALS THAT ARE PART OF LICENSEE’S COMMUNICATION EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES, AND ANY OTHER OF LICENSEE’S IMPROVEMENTS AND PERSONAL PROPERTY, OR ANY COMPONENT PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF APPLICABLE LAW. LICENSEE’S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT. 15. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written consent of the City, such consent not to be unreasonably withheld. 16. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in any manner to benefit any third party. 17. Miscellaneous. (a) This License constitutes the entire agreement and understanding of the parties relating to the subject matter of this License, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not OKF-ANN TOWER SITE LICENSE AGREEMENT Page 12 of 13 set forth herein. Any modification of or amendment to this License must be in writing and executed by both parties. (b) The parties understand and agree that this is a License for use of the City’s Property and Tower Structure and is not a contract for goods or services as defined under Texas Local Government Code § 271.151. (c) This License shall be construed in accordance with the laws of the State of Texas. Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly to this License shall lie in Collin County, Texas. (d) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. (e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of action against the City that arises out of, relates (directly or indirectly) to, or is in connection with this License, including but not limited to any claim or cause of action available under the Uniform Declaratory Judgment Act (“UDJA”) , except that Licensee reserves the right to seek specific performance of the City’s duties under this License other than by a claim brought under the UDJA. (f) This License is subject to all zoning approvals and building permits. (g) This License represents the entire and integrated agreement and all understandings between the parties and supersedes and renders void all prior negotiations, representations and/or agreements between the parties, either written or oral. (h) 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. OKF-ANN TOWER SITE LICENSE AGREEMENT Page 13 of 13 DULY AUTHORIZED SIGNATURES: CITY OF ANNA, TEXAS __________________________________________ ________________ City Manager, City of Anna, Texas STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the day of ___________, 20____, by ____________________, City Manager, City of Anna, Texas. _______________________________________ Notary Public, State of Texas Skybeam, LLC, a Colorado limited liability company By: __________________________________________ Elisa Flachsmann, Sr. Director, Centralized Operations STATE OF COLORADO} COUNTY OF _________ } This instrument was acknowledged before me on the _____ day of ______________, 20_____, by Elisa Flachsmann, in his/her capacity as Sr. Director, Centralized Operations and manager of Skybeam, LLC, a Colorado limited liability company and on behalf of said entity and, upon oath, Mark Meisner swore that he is legally authorized to sign for and bind said entity. _______________________________________ Notary Public, State of Colorado Item No. 6.e. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Pulte Homes for Roadway and Water system improvements in Anna Crossing Phase 8. (Director of Public Works Greg Peters, P.E.) SUMMARY: Pulte Homes of Texas, LP is seeking to develop Phase 8 of Anna Crossing Subdivision with single family homes. As a part of the project they will be constructing the following improvements: 1,772 linear feet of 2 lanes of concrete road in Leonard Avenue north of Finley Boulevard 610 linear feet of 2 lanes of concrete road in Finley Boulevard east of Leonard Avenue A 12" water main extension along both Leonard Avenue and Finley Boulevard In accordance with prior Subdivision Improvement Agreements and Impact Fee Credit Agreements with the master developer, a significant portion of the roadway impact fees collected from Anna Crossing Phase 8 will be paid to the master developer for previous roadway improvements. The remaining roadway impact fees will be paid to Pulte Homes of Texas, LP. Pulte Homes has commenced construction of the project and anticipates commencing construction of the roadway and water line improvements by the end of the year, as listed in the agreement. This agreement is in-line with the City Council's strategic goal of growth paying for growth. Staff recommends approval of the agreement, as it helps the City to extend two important major roadways to the north and east. FINANCIAL IMPACT: The proposed agreement includes reimbursement of roadway and water impact fees for the construction of roadway improvements to Finley Boulevard and Leonard Avenue, and the construction of a 12" water main. The funding will come from impact fees collected from the construction of new homes in Anna Crossing Phase 8. The reimbursement of impact fees from Anna Crossing Phase 8 includes: $1,108,205.39 in Roadway Impact Fees to Skorburg Company (per previous agreements) $480,740.00 in Roadway Impact Fees to Pulte Homes of Texas, LP $118,373.84 in Water Impact Fees to Pulte Homes of Texas, LP 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 and Pulte Impact Fee Reimbursement Agreement C03029D20211020CR1 2.Roadway Exhibit APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Terri Doby, Budget Manager Approved - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 1 CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER AND ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND PULTE HOMES OF TEXAS, LP, A TEXAS LIMITED PARTNERSHIP, FOR PUBLIC IMPROVEMENTS PERTAINING TO PHASE 8 OF ANNA CROSING SUBDIVISION, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pulte Homes of Texas, LP, is seeking to construct public infrastructure related to Anna Crossing Subdivision Phase 8 (“the Project”); and WHEREAS, as a key component of the Project it is necessary to construct paving improvements to Leonard Avenue and Finley Boulevard (the “Roadways”) and public water system improvements (the “Water Project); and WHEREAS, Pulte Homes of Texas, LP, is now prepared to begin development of Phase 8 of the Project; and WHEREAS, the Roadways are shown in the City of Anna Master Thoroughfare Plan and the City of Anna Impact Fee Study as future Major Collector streets; and WHEREAS, public roads identified in the City of Anna Master Thoroughfare Plan, including the Roadways, are eligible for impact fee reimbursement for the cost of paving and drainage improvements; and WHEREAS, the City of Anna desires to enter into the agreement that is the subject of this resolution to reimburse Pulte Homes of Texas, LP certain impact fee amounts in exchange for its construction of the public infrastructure referenced above; 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 approves entering into and authorizes the City Manager to execute the Roadway and Water Impact Fee Reimbursement Agreement for Anna Crossing Subdivision Phase 8 as shown in Exhibit “A” attached hereto. Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 3 EXHIBIT “A” (following page) Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 4 WATER AND ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT FOR ANNNA CROSSING PHASE 8 This Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Pulte Homes a Pulte Homes of Texas, L.P., a Texas limited partnership (“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 64.66 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). City Code 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). Collected Water Impact Fees shall have the meaning ascribed to that term in Section 4(b)(2). Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 5 Commence Construction means that the City has approved the engineering plans, held a pre- construction meeting with the Developer and contractor, and the contractor has mobilized equipment as such actions are applicable to the Water Project and Roadway Project. Developer’s Roadway 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 B-1. City inspection fees, impact fees, and building permit fees shall not be included in Developer’s Construction Cost. Developer’s Water Construction Cost, with respect to the Water Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, and construction of the Water Project at the time of full and final completion, dedication and acceptance of the Water Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit b-2. City inspection fees, impact fees and building permit fees shall not be included in Developer’s Construction Cost. Final Roadway Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of $1,588,945.39 or the Developer’s Roadway 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. Final Water Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of $118,373.84 or the Developer’s Water 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. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Property means the real property as described and depicted in Exhibit A. Roadway Impact Fee Reimbursement Property means real property as defined in Exhibit B-3 from which Collected Roadway Impact Fees shall be eligible to be reimbursed upon development. 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, collectively: (1) the construction of the eastern 2 lanes of Leonard Avenue north of Finley Boulevard (1,772 LF of Leonard Avenue) 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; and (2) the construction of the northern 2 lanes of Finley Boulevard east of Leonard Avenue (610 LF of Finley Boulevard) 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. Commented [cm1]: Client staff to verify. Commented [cm2]: Need exhibit. Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 6 Roadway Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Water Impact Fee Reimbursement Property means real property as defined in Exhibit B-4 from which Collected Water Impact Fees shall be eligible to be reimbursed upon development. Water Improvements means 12” PVC water pipe, valves, hydrants, bends, appurtenances, excavation, embedment, and fittings required to construct and complete the proposed extension to the public water system. Water Project means an oversized 12” water main extension along Leonard Avenue and Finley Boulevard generally depicted in Exhibit D, attached hereto, and in accordance with construction plan(s) approved by the City. Water Reimbursement has the meaning ascribed to that term in Section 4(b)(2). SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project and Water Project, and before the City has accepted the Roadway Project and Water 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 and Water Project (the date of such acceptance shall be referred to as the "City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Roadway Project and Water 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 and Water 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. Commented [cm3]: Need exhibit. Commented [cm4]: City staff to provide definition Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 7 (d) Insurance. Developer and/or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project or Water Project are 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 Water 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- 1" 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 KIND OR CHARACTER, WHETHER REAL OR ASSERTED (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 AND/OR WATER 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 OR WATER 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 Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 8 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 PROJECTS (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to construct the Roadway Improvements and Water Improvements and complete the Roadway Project and Water 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 said projects. Developer shall commence construction in accordance with the definition in Section II “Commence Construction” on or before the 1st day of January 2023. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Roadway Impact Fee Reimbursement Property as described in Exhibit D 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 account. The City shall reimburse Developer up to the lesser of $480,740.00 or the Developer’s Roadway Construction Cost in the aggregate on a quarterly basis (the "Roadway Reimbursement") commencing on same quarter of the City Acceptance Date. The City shall provide the Roadway Reimbursement to Developer quarterly until the Final Roadway Reimbursement Amount has been paid in full. Notwithstanding the foregoing or any other provision of this Agreement, 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 Roadway Reimbursement Amount. (2) In accordance with City Regulations and state law, the City shall collect water impact fees from the Water Impact Fee Reimbursement Property as described in Exhibit D at the time of issuance of building permits (the "Collected Water Impact Fees") and place such Collected Water Impact Fees in a separate and clearly identifiable interest-bearing account. The City shall reimburse Developer up to the lesser of $118,373.84 or the Developer’s Water Construction Upsize Cost in the aggregate on a quarterly basis (the "Water Reimbursement") commencing on same quarter of the City Acceptance Date. The City shall provide the Water Reimbursement to Developer quarterly until the Final Water Reimbursement Amount has been paid in full. Notwithstanding the foregoing or any other provision of this Agreement, the Collected Water Impact Fees shall be the sole source of Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 9 reimbursement or funding that the City is obligated to provide to Developer in connection with the Water Project even if the total amount of the Collected Water Impact Fees is less than the Final Water Reimbursement Amount. (3) Notwithstanding the foregoing or any other provision of this Agreement, the Roadway Reimbursement authorized by this Agreement shall not be payable to the Developer unless and until the City has provided reimbursement and/or credits for roadway impact fees assessed on the Impact Fee Reimbursement Property to the extent required under separate agreement(s) approved in City of Anna Resolution 2021-01-851, and City of Anna Resolution 2014-02-01 as well as all other agreements between the City any or all of the following entities: 1. Anna Town Center No. 1/BRGT, Ltd. 2. Anna Town Center No. 2/BRTO, Ltd. 3. Anna Town Center No. 3/WARN, Ltd. 4. Anna Town Center No. 4/SHRP, Ltd. 5. Anna Town Center No. 5/HSLT, Ltd. 6. Anna Town Center No. 6/LNRD, Ltd. 7. Anna Town Center No. 7/LNRD, LLC 8. 40 PGE, Ltd. 9. Anna Crossing 40 PGE, Ltd. 10. Anna Town Center No. 8/CTS, Ltd. 11. Anna Crossing AMC, Ltd. (4) Notwithstanding the foregoing or any other provision of this Agreement, the Roadway Reimbursement and Water 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. Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 10 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 opportunity 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 default, subject to the cure period described herein, the non-breaching Party 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 776 111 N. Powell Parkway Anna, TX 75409 Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 11 If to Developer: Pulte Homes of Texas, L.P. __________________ __________________ __________________ __________________ (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. (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. (l) 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 Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 12 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. (n) Exhibits. Exhibit A The Property (legal description and drawing) Exhibit B-1 Breakdown of Roadway Construction Costs Exhibit B-2 Breakdown of Water Construction Costs Exhibit B-3 Roadway Impact Fee Reimbursement Property Exhibit B-4 Water Impact Fee Reimbursement Property Exhibit C Roadway Project Exhibit D Water Project Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 13 Pulte Homes of Texas, L.P., a Texas limited partnership By: Pulte Nevada I LLC, its general partner By: Name: Marc Zett Title: Vice President of Land Development IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF _______ § Before me, the undersigned notary public, on the _______ day of __________, 2022, personally appeared ________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified that he/she executed the same for the purposes and consideration therein expressed and in his/her capacity as ___________ of Pulte Nevada I LLC, in its capacity as general partner of Pulte Homes of Texas, L.P. . Notary Public, State of Texas (SEAL) Water and Roadway Impact Fee Reimbursement Agreement for Anna Crossing Phase 8 Page 14 CITY OF ANNA By: Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______ day of ___________, 2022, 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) EXHIBIT A The Property THENCE over and across said 40.001 acre and said 93.145 acre tracts, the following courses and distances: South 0°2M7' Wesl° a distance of 180.00 feel to a 5164r- h non rod with plaspc cap stamped -KHA- set at thu beginning of a non-largent wive to the right having a central aNl@ 4f 19'2$'S3', a radius of 47$.00 feet, a chard hearing and distance of North 60'0547' Wast, 1130.73 feet; In a northwesterly direction, with said curve to the right- an arc distance of 161-51 feet to a 518-inch iron rod with plastic cap stamped -K HA" set for comer. South 22°3941' West, a distance of 70-49 feet to a "-inch iron rod with plastic cap stamped -KHA" set at the beginning of a tangent wive to the left having a central angle of 8°4V29% a radios of 250.00 feet, a chard bsoring and dislance of South 14116'26' West. 38.25 feel; In a southwesterly direction, with said curve to the left, an are distance of 3829 feet to a 518•inch iron rod with plastic cap stamped -KHA" set for tamer, North T6°06'48- West a dlslance of 50.00 feet- to a 5f8•inch iron rod with plastic cap stamped -KHA" set for comer North 71'073a" West, a dislance of 300.48 feet to a Sf84ch iron rod with plastic cap stamped 'KHA"setfor tamer; North 2°49153' West, a distance of 5-32 fast to a S18-inch iron rod with plastic cap stamped HKRW set for comer: South 87'10'Q7" West, a distance of 50-00 feet to a 5B-inch iron rod with plastic cap stamped "KHA' set for corner. North 89°45'29' West. a distance of 706.14 feet to a 5i$dnch iron rod with plastic cap stamped -KHA" set for comer; South 45'29'37' Wesl, a distance of 78-78 feel to a SM-Inch iron rod with plastic cap stamped "KHA' set for corner: South 23'07'12' West. a distance of 50. 41 feet to a 5184rkch ion rod with plastic cap stamped -KHA' set at the begi nning of a non -tangent curve to the tail having a central angle of 2'29'28", a radius of 575-00 feet, a chord bearing and distance of North 72'D8'4F West, 25-00 feel; In a northwesterly direction, with said curve W the left an arc distance of 25.00 feet to a 51&inch iron red with plastic cap stamped 'KHA" set for tamer, South 23'06'04' West, a distance of 119-12 feet to a 5184ich iron rod with plastic cap stamped 'KHA" set for comer, South 69'56'20" East, a distance of 120.17 feet to a 5r8-Inch iron rod with plastic cap stamped -KHA" set for corder; South 23°01'13- West, a distance of 2S8.20 feet to a S184,oh iron rod with plastic cap stamped 'KHA- set for comer, South 23°06'04' West, a distance of 60.51 feet to a 518-inch iron rod with plastic cap stamped "KHA' set for corner. South 12°5215" West, a distance of 64-94 feet to a 6/8-inch iron rod with plastic cap stamped 'KHA' set for corner, South 0°53107" West- a dislance or 50.06 feet to a 51&inch iron rod with plastic cap stamped 'KHA" set at the beginning or a non -tangent curve to the left having a cemral angle of 1 °29'S7", a radius of 4549.28 feet, a chord hearing and distance of North 89°4533" Yvest, 119.04 feet; In a northwesterly direction, with said curve to the left, an are distance of 119.04 feet to a point for comer; South 0°42'S0' East- a distance of 130.98 feet to a 548-inch iron rod with plastic cap stamped -KHA' set for comer South 45°29'05" East, a distance of 42.6D feet to a 5i8anch iron rod with plastic cap stamped'KHA' set for comer; South 0'06431" East, a distance of 38.72 foot to a 51&inch iron rod with plastic cap stamped -KHA" set for comer; South 88°52'10" West, passing at a distance of 20.44 feet tt9 northeast comer of a called 43.67 acre tract of land dascnbW in Ih9 Sp9cial Warranty Deed with Vendor's Lien, to Anna Town Center No- 51HSTL, LTD. Recorded in Volume 571T, Page 2431, Deed Records. Collin County. Texas, continuing with the common Ilse of said 93.140 and aforemendoned 43.67 acre Iact a total distance of 609.W feet to a 518-inch iron rod with ptastic cap stamped "KHA" set for comer in the east riglhi of -way line of said Leonard Drive; THENCE North 1'04'42' West, with said east dghl-af-way line, a distance of 39-71 feet to the POINT OF BEGINNING and containing 64.6612 acres or 2.816.643 square feel of land. I IL cn %' ` �I yl, �17 Tr• ws b i ° o� w�An ZT w;zia�rnoS v i4`oo�am00 Z, �zg.$" 41 1 LL- F/Ce IL 7R 1 eElaa:w�om+E I I I i j r _T 1 1 1 1 I I 1 1 1 1 I I I I I 1 I I I I 'vqS yl. l - 0bb wMYb Jill 1,14i e _ � � Ira I � •---� � -'� 4 yy e I �m r pFv 1 'g€e Hid �,Jill i ICI I. �� ' R RD�s "f �,• � � '� a � I I�iS' i4uI. ebs E5 gypp' 1-4 is C ?a i'ai t w� z� Z It ii it �f i i 3 � €� s�'egjg'•��'9 '�a-'v`rc , Q __�— i I I Q 4 "¢ � �y �2 y -`•GS `c Q Fyn 6 W B It (_$ §; a — §�2H 42 §® e,1 DOE e 0 o D o D v 1 001 SEISMIC I } \ \ \ x 9 % ) 1]m!§ 7v ! ■: � oil, 000�00�000000001��010000000�0�000a�� aommammmmammmaomaamaammmoaaaaamamaa 0000�0�000a000000�000000a000a00��00 EXHIBIT B-1 Breakdown of Roadway Construction Costs Kimley,>)Horn ANIMA CROSSING - PHASE 8 IMPACT FEE CREDIT FINLEY sOUL EVARa PROJECT: ANHA CROSSING PH. B LOT CT LOCATION- ANNA, TEXAS NETACRES LOTS ACRES GROSS ACRES JOB NUMBER: OC7705305 r•r r � r :r •�r fTFJ.i OLFSCRfAT1DP! UNff PRICE @L AMTY JTEdd COST ROADWAY EXCAVATION i2 5 VFfFTI cY 82.80 2.M7 56,666.07 18' RCP LF 572A0 114 $B,208.00 'RCB LF V37AC 497 $266,889.10 'RCB LF 5627-00 259 $162,393.110 10'RECESSED CURB INLET EA $5.1 B4.00 1 i5,184.00 17 RECESSED CURB INLET EA 15.922.00 1 T.5,022.00 •z3' WYE INLET EA 13.600.00 2 F,218A0 INLET PROTECTION EA 81 B5.00 4 $740.00 'STORM SEWER MANHOLE EA 12.475.00 1 52,475A0 EMGVE EXISTING HDWL 8 CONNECT EA $2,230 00 1 82,230.00 TXDOT TYPE SW-0HEADWALL LS $14.341-W 1 $14,341.00 Ir REINF. CONCRETE STREET PAVEMENT PY B-M S" �52Tq 1.737 W.324.00 Ir SUBGRADE PREP SY 5275 1,859 $5,111.12 HYDRATED LWIE 4MSY TON 51 BOA) 45 8B, 100.30 • CONCRETE SIDEWALK LF 536 $31,088.00 BARRICADE EA 11.7iMA)D 2 83,400.00 BARRIER FREE RAMP EA 12.100AU 2 $4,200.00 STREET SIGNAGE US 11.WOA0 3 P.000.00 STRIPING LF Sim 48D $720.00 STING(GEOTECH) SY $1 AO 1.850 x1,838.59 STING GEOTECH LF SR10 870 $87.00 BONDS 4PAYMENT, PERFORMANCE 8 MAINTENANCE PERCENT 21M 628,210 $12,584.20 INSPECTION FEE PERCENT 3lm 628.210 $113,848.29 ENGINEERING 8 SURVEYING (10%) PERCENT 101m 828,210 $62,820.98 CONTINGENCY 10% PERCENT 16 628.210 $B2,820.98 5U6 -THOROUGHFARE COST jHNLEY BOULEVARD) $717,207.83 ITOTAL THOROUGHFARE COSTS LEONARD URINE 6 FINLEY BOULEVARD �ii•5Sl1,9d5.S9 EXHIBIT B-2 Breakdown of Water Construction Costs Kimley,Aorn OPINION OF PROBABLE CONS7RUC71ON COST ANNA CROSSING PHASE 8 - ANNA, TEXAS January22, 2022 Anna Crossing Phase 8 - Wafer Oversizing PROJECT: ANNA CROSSING PHASE 8 LOT CT LOCATION: ANNA. TEXAS NET ACRES LCTS ACRES JOB NUMBER: 067705511 GROSS ACRES OFFS ITE WATER SYSTEM (UPS 17E DEDUCTION) :TEll DESC.h'PTiO.ti' UNIT UWTPRICE OUANTiTY ITEM COST W C93D PVC PIPE LF $ 4800 2,442 $ 117,215 03 B" GATE VALVE & BOX EA $ 2,1)5400 9 $ 18,485 03 8" PLIG EA $ B98 00 3 $ 2,694 03 FIRE HYDRANT ASSEMBLY EA $ 5 548 00 5 $ 28,24001) CONNECT TO EXISTING EA $ 1,004.00 3 $ 3,012.OD TRENCH SAFETY LF $ 0.10 2,442 $ 244.2D TESTING (PRESSURE TEST & DISINFECTION) LF $ 1.50 2,442 $ 3,663.OD TESTING(GEOTECH) LF $ 1.25 2,442 $ 3,052.5D BONDS (PAYMENT, PERFORMANCE & MAINTENANCE) PERCENT 2.0% 166,635 $ 3.332.72 INSPECTION FEE PERCENT 3.0% 166,635 $ 4.999.05 EN3INEERING i 10%) PERCENT 10.0% 166635 $ 16663.60 SUB-OFFSITE WATER SYSTEM (DVERSIZING DEDUCTION) $201,605.10 12" WATERLINE $ 319,976.94 DVERSIZING DEDUCTION S 201,603.10 TOTAL OVERSIZING REIMBURSEMENT $ 118,373.84 EXHIBIT B-3 Roadway Impact Fee Reimbursement Property EXHIBIT B-4 Water Impact Fee Reimbursement Property EXHIBIT C Roadway Project EXHIBIT D The Water Project Is ii IN BEEN 0 Hill ii F m ........... ... ........... ..... .... EEEEEE EEEEEE ........... � ANNA CROSSING PHASE 8 WATER PROFILES -LINE WL-A ajq K�mley>»Horn m I 9 9 n, 4y e B B A�i B 9 I� 0 Y 4�q $; r 41, �r I I j j IL p 6 A-i y� B pppsi Li3i 62In j3�j 31% - m e 8 ii qq O 9 b c ANNA CROSSING PpHA58 WATER PROFILES -LINE WL-L Klmle »Horn Y Roadway Exhibit Item No. 6.f. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Approve a Resolution allocating $3,716,789.23 in Coronavirus State and Local Fiscal Recovery Program funds toward the rehabilitation of water and wastewater infrastructure in Downtown Anna as a Capital Improvement Project. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna will receive nearly $3.8M in funding from the federal government through the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. This funding may be used for specific uses in the community. One of the approved uses is for the rehabilitation of public water and sewer mains. The attached resolution is being recommended for approval as a formal document identifying the City's proposed use of the funds for utility rehabilitation. This will assist the Finance Department in setting the project and having the necessary documents to demonstrate to the federal government that the funding will be used appropriately and within the guidelines set forth for the use of the SLFRF funding. There is another item on this agenda which will approve the necessary engineering analysis and design work associated with the project. FINANCIAL IMPACT: The SLFRF funding the City of Anna will receive from the federal government totals nearly $3.8M. The first half of the money has been received and available to be expended. 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.RESO - SLFRF FUNDS APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/8/2022 Terri Doby, Budget Manager Approved - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS RESOLUTION NO._________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE USE OF THE CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FOR REHABILITATION OF WATER AND SANITARY SEWER MAINS IN THE DOWNTOWN AREA OF THE CITY OF ANNA, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna has received $3,716,789.23 in federal funds through the Coronavirus State and Local Fiscal Recovery Fund program; and, WHEREAS, the City intends to utilize the funds for the purpose of rehabilitating public water and sanitary sewer mains which are undersized and poor condition; and, WHEREAS, the City of Anna will meet all of the financial obligations for the use of the funding as identified by the United States Government; and, 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 use of the Coronavirus State and Local Fiscal Recovery Funds for the rehabilitation of public water and sanitary sewer mains in the City of Anna, Texas. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Item No. 6.g. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Approve a Resolution accepting a partial release of a Subdivision Improvement Agreement by and between Anna Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and 40 PGE, Ltd. (Director of Public Works Greg Peters, P.E.) SUMMARY: The master developer has reached an agreement with Anna Crossing AMC, Ltd. to partially release them from existing agreements by and between the City of Anna and the master developer for improvements within the Anna Crossing subdivision. Approval of this item will not reduce the obligations of the master developer and future developers to complete public improvements associated with the Anna Crossing neighborhood. The partial release is specifically being done to allow Anna Crossing AMC, Ltd. to be reimbursed roadway impact fees which the City will collect from their project for roadway improvements they plan to make, instead of the roadway impact fees being reimbursed to the master developer. This item has been reviewed by the City Attorney and City staff. Staff finds no negative impact to the City of Anna, as all required public improvements will still be constructed with adjacent development as required by the City. FINANCIAL IMPACT: None to the City of Anna. 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.RESO and Agreement - Partial Release from SIA v2 APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Partial Release of Subdivision Improvement Agreement – Page 1 CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF A SUBDIVISION IMPROVEMENT AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Anna Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and 40 PGE, Ltd. have agreed to a partial release of Anna Crossing AMC, Ltd. from existing Subdivision Improvement Agreements pertaining to the Anna Crossing development; and, WHEREAS, the City Attorney and City staff have reviewed the proposed partial release documents; and, WHEREAS, approval of the partial release will not reduce the obligations of Anna Crossing AMC, Ltd., and Anna Town Center No. 1 thru No. 7 and 40 PGE, Ltd. to construct public improvements required in the Anna Crossing subdivision in accordance with City requirements; and, 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 partial release of the Subdivision Improvement Agreement as shown in Exhibit “A” attached hereto. Partial Release of Subdivision Improvement Agreement – Page 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike Partial Release of Subdivision Improvement Agreement – Page 3 EXHIBIT “A” (following page) Partial Release of Subdivision Improvement Agreement – Page 4 PARTIAL RELEASE OF SUBDIVISION IMPROVEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF COLLIN § This Partial Release of Subdivision Improvement Agreement (this “Release”) is made this _____ day of February, 2022, by and among the CITY OF ANNA, TEXAS (the “City”), ANNA TOWN CENTER NO. 1/BRGT, LTD., ANNA TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, LTD., ANNA TOWN CENTER NO. 4/SHRP, LTD., ANNA TOWN CENTER NO. 5/HSLT, LTD., ANNA TOWN CENTER NO. 6/LNRD, LTD., ANNA TOWN CENTER NO. 7/LNRD, LLC, AND 40 PGE, LTD., (collectively, the “Owner”) and ANNA CROSSING AMC, LTD. (the “Payee”). WHEREAS, on March 20, 2014, the Owner, O.P. LEONARD INVESTMENT COMPANY, LTD., NANCY ALICE LEONARD INVESTMENT COMPANY, LTD., Payee and City entered into that certain Subdivision Improvement Agreement (as amended, the “SIA”). The SIA is binding upon a certain tract or tracts of real property located in the City of Anna, Collin County, State of Texas (as described in the SIA, the “Burdened Property”). A portion of the Burdened Property consists of a tract of real property containing approximately 8.257 acres, more or less, located in the City of Anna, Collin County, Texas, as further described in Exhibit A attached hereto (the “Partially Released Property”). WHEREAS, the Owners, the Payee and the City, pursuant to the terms and conditions contained in this Release, desire to partially release the Partially Released Property from the SIA, and WHEREAS, capitalized terms used herein shall have the meanings set forth in the SIA unless expressly defined otherwise herein; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners, the Payee and the City agree as follows: 1. Except as set forth in paragraph 3, below, the SIA is hereby released as to the Partially Released Property. Except as set forth in paragraph 3, below, no current or future owner of the Partially Released Property shall have any rights, obligations or responsibilities with respect to the SIA. 2. Except as provided herein, the provisions of the SIA shall remain in full force and effect. This release shall not in any way affect the SIA as it relates to any portion of the Burdened Property, other than the Partially Released Property. 3. Notwithstanding any provision of this Release, the Partially Released Property shall continue to be bound, requited, and subject to the SIA insofar as it relates to roadway impact fees and the Impact Fee Reimbursement Agreement for Anna Crossing Phase 1C between the City and Anna Crossing 40PGE, Ltd., dated May 29, 2020. Partial Release of Subdivision Improvement Agreement – Page 5 IN WITNESS WHEREOF, the parties below have executed this Release, to be effective as of the date first written above. [SIGNATURES TO APPEAR ON FOLLOWING PAGES] Partial Release of Subdivision Improvement Agreement – Page 6 ANNA TOWN CENTER NO. 1/BRGT, LTD., a Texas limited partnership By: Anna Town Center No. 1/BRGT GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 1/BRGT GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 1/BRGT, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 7 ANNA TOWN CENTER NO. 2/BRTO, LTD., a Texas limited partnership By: Anna Town Center No. 2/BRTO GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 2/BRTO GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 2/BRTO, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 8 ANNA TOWN CENTER NO. 3/WARN, LTD., a Texas limited partnership By: Anna Town Center No. 3/WARN GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 3/WARN GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 3/WARN, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 9 ANNA TOWN CENTER NO. 4/SHRP, LTD., a Texas limited partnership By: Anna Town Center No. 4/SHRP GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 4/SHRP GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 4/SHRP, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 10 ANNA TOWN CENTER NO. 5/HSLT, LTD., a Texas limited partnership By: Anna Town Center No. 5/HSLT GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 5/HSLT GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 5/HSLT, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 11 ANNA TOWN CENTER NO. 6/LNRD, LTD., a Texas limited partnership By: Anna Town Center No. 6/LNRD GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Town Center No. 6/LNRD GP Corporation, a Texas corporation, the General Partner of ANNA TOWN CENTER NO. 6/LNRD, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 12 ANNA TOWN CENTER NO. 7/LNRD, LLC, a Texas limited liability company By: Skorburg ATC No. 7/LNRD, Ltd., a Texas limited partnership Its Managing Member By: Skorburg ATC No. 7/LNRD GP Corporation, a Texas corporation, Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Skorburg ATC No. 7/LNRD GP Corporation, a Texas corporation, the General partner of Skorburg ATC No. 7/LNRD, Ltd., a Texas limited partnership, the Managing Member of ANNA TOWN CENTER NO. 7/LNRD, LLC., a Texas limited liability company, on behalf of said company. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 13 40 PGE, LTD., a Texas limited partnership By: 40 PGE GP Corporation, a Texas corporation Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for 40 PGE GP Corporation, a Texas corporation, the General Partner of 40 PGE, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 14 ANNA CROSSING AMC, LTD., a Texas limited partnership By: WINDSOR HOMES ISAAC COVE LLC, a Texas limited liability company, Its General Partner By: ______________________________ Adam J. Buczek, Authorized Signer STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 20__ by Adam J. Buczek, Authorized Signer for Anna Crossing AMC GP Corporation, the General Partner of ANNA CROSSING AMC, LTD., a Texas limited partnership, on behalf of said limited partnership. ___________________________________ Notary Public, State of Texas Partial Release of Subdivision Improvement Agreement – Page 15 CITY OF ANNA By: Name: Title: Date:____________________________ STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this _____ day of _______, 20____ by _______________________________ as __________________ of the City of Anna, Texas on behalf of said City. _________________________________ Notary Public, State of Texas _________________________________ Name Printed _________________________________ My Commission Expires: Partial Release of Subdivision Improvement Agreement – Page 16 EXHIBIT A PARTIALLY RELEASED PROPERTY LEGAL DESCRIPTION Item No. 6.h. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Martinez Manor, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) SUMMARY: Single-family residence and 3 accessory buildings on one lot on 5.0± acres located on the north side of Grasshopper Lane, 1,095± feet west of County Road 376. Located within the Extraterritorial Jurisdiction (ETJ). FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Development Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Martinez Manor Locator Map 2.RESOLUTION - (DP) Martinez Manor DP BL A Lt 1 3.Exhibit A (STAMPED)- Martinez Manor DP APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 WINDING OAKS TRL PRIVATE ROAD 5698COUNTY ROAD 426GRASSHOPPER LN PRIVATE ROAD 5697 COUNTY ROAD 376 Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet March 2022 H:\Notification Maps\Notification Maps\ Martinez Manor, Block A, Lot 1, Development Plat CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MARTINEZ MANOR, BLOCK A, LOT 1, DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Christian Martinez, has submitted an application for the approval of the Martinez Manor, Block A, Lot 1, Development Plat. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Martinez Manor, Block A, Lot 1, Development Plat attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of April 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike GRASSHOPPER LANESURVEYORS CERTIFICATE I, DAVID J. SURDUKAN, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that I prepared this Development Plat from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed, under my personal supervision. __________________________ Registered Professional Land Surveyor Registration No. 4613 BLOCK A LOT 1 LEGAL DESCRIPTION BEING a tract of land situated in the Robert Whitaker Survey, Abstract No. 1011, Collin County, Texas and being all of a called 5.001 acre tract of land conveyed to Christian Martinez as recorded County Clerk No. 20170411000459960 of the Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped 1/2" iron rod stamped "4888" found for the southwest corner of the called 5.001 acre tract of land, and said iron rod being the southeast corner of a called 6.516 acre tract of land conveyed to Antonio Morales as recorded in County Clerk No. 20180402000389600 of the Official Public Records of Collin County, Texas; THENCE N 01°03'23" E with the east line of the called 6.516 acre tract of land a distance of 628.24' to a 1/2" iron rod found for the northeast corner of the called 6.516 acre tract of land, and said iron rod being in the south line of a called 41.813 acre tract of land conveyed to ALP Investors, L.P., as recorded in County Clerk No. 20060322000377610 of the Official Public Records of Collin County, Texas; THENCE S 88°35'30" E with the south line of the called 41.813 acre tract of land a distance of 346.54' to a 1/2" iron rod found for the northeast corner of the called 5.001 acre tract of land, and said iron rod being the northwest corner of a called 10.000 acre tract of land conveyed to JB Software & Consulting, Inc. as recorded in County Clerk No. 20160628000817830 of the Official Public Records of Collin County, Texas; THENCE S 01°01'44" W with the west line of the called 10.000 acre tract of land a distance of 628.67' to a 1/2" iron rod found for the southwest corner of the called 41.813 acre tract of land; THENCE N 88°31'15" W a distance of 346.84' to the POINT OF BEGINNING, and containing 217,871 Square Feet or 5.002 acres of land GRASSHOPPER LN. NOT TO SCALE SITE NORTHSH NO. 5C R 4 2 5 CR 427 CR 1106 CR 429 C R 3 7 6 C R 4 2 6 CR 376 VICINITY MAP 0 40 80 GENERAL NOTES; 1. The surveyor has not abstracted subject property. 2. This survey is subject to all easements of record. 3. Copyright 2022, Surdukan Surveying, Inc. 4. The survey is being provided solely for the use of the current parties and that no licenses has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction which shall take place within 3 months of the date of this survey. 5. The basis of bearings, horizontal position are derived from Texas WDS RTK Network, Texas State Plane Coordinates System, Nad83, North Central Zone, Nad 83 (CORS96) Epoch 2002.0. 7. Existing water service to this site is provided by South Grayson Water Supply Corporation. 8. Sanitary Sewer be an OSSF system on site. 9. Existing electric is provided by Grayson-Collin Electric Company. 10. Solid waste will be provided through a private solid waste company. 11. Selling any portion of this addition by metes and bounds is a violation of City Ordinance and State laws, and is subject to fines and withholding of utilities and building permits. 12. The Agreed Judgment (for access) filed under C.C. No. 20160510000567490, O.P.R.C.C.T. is in favor of the plaintiff Paula Powell. However, also included in the Document is a second Agreed Judgment (for implied dedication 50' wide for public road). COLLIN COUNTY, TEXAS (478) 320-6536 BLOCK A, LOT 1 CHRISTIAN MARTINEZ OWNER 1303 NORTHSIDE DR. CARROLLTON, TEXAS 75006 SURVEYOR BEING 5.002 ACRES OUT OF THE FIRM NO. 10069500 ABSTRACT NO. 1011 CITY OF ANNA ETJ DEVELOPMENT PLAT ROBERT WHITAKER SURVEY MARTINEZ MANOR JOB No. 2022-36SCALE 1" = 40' SURDUKAN SURVEYING, INC. P.O. BOX 126 ANNA, TEXAS 75409 (972) 924-8200 DATE: MARCH 1, 2021 FLOOD NOTE: Said described property is located within an area having a Zone Designation "X" (Unshaded) by the Secretary of Housing and Urban Development, on Flood Insurance Rate Map No. 48085C070 J, with an identification date of June 2, 2009, for Community Number 480782, in Collin County, State of Texas, which is the current Flood Insurance Rate Map for the community in which the Premises is situated. CERTIFICATE OF APPROVAL Approved this ___ day of ________, 2022, by the City Council of the City of Anna Texas ______________________ (Mayor) _________________________ City Secretary IRF = IRON ROD FOUND CIRF = CAPPED 1/2" IRON ROD LEGEND NORTH SCALE 1"= 40' C.M. = CONTROLLING MONUMENT W S E W S E W N E W E N XRETSIGA T 4613 DAVID J. SURDUKAN R S DNSU ER SEFORPS LAY E V AO RDEA O I N L SFO ET ETO.P.R.C.C.T. C.C. NO. 20170411000459960 CHRISTIAN MARTINEZ CALLED 5.001 ACRES O.P.R.C.C.T. C.C. NO. 20060322000377610 ALP INVESTORS LP CALLED 41.813 ACRES G WM X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X"4888" CIRF C.M. 1/2" IRF C.M. 1/2" IRF C.M. 1/2" IRF C.M. METAL PIPE 14" CORRUGATED DRIVE GRAVEL D.R.C.C.T. VOLUME 4577, PAGE 3016 PEPPER FAMILY PSHP LTD. CALLED 10.28 ACRES O.P.R.C.C.T. C.C. NO. 20160628000817830 JB SOFTWARE & CONSULTING INC. CALLED 10.000 ACRES O.P.R.C.C.T. C.C. NO. 20180402000389600 ANTONIO MORALES CALLED 6.516 ACRES WIRE FENCE WIRE FENCE S 88 °35 ' 30" E 346 .54 ' S 0 1 ° 0 1 ' 4 4 " W 6 2 8 . 6 7 ' N 88°3 1 '15 " W 346 . 84' N 0 1 ° 0 3 ' 2 3 " E 6 2 8 . 2 4 ' OVERHEAD TRANSMISSION LINE OVERHEAD TRANSMISSION LINE 25' BU I LD IN G S ET BA CK L IN E AGREE JUDGMENT (ACCESS EASEMENT) O.P.R.C.C.T. C.C. NO. 20160510000567490 (IMPLIED DEDICATION)GRASSHOPPER LANE50' ACCESS EASEMENT = FENCE POST = GAS PIPELINE SIGN = POWER POLE = WATER METER = WATER VALVE G WM FOUND STAMPED (4888) SOLAR PANEL FUTURE FIELD SOLAR PANEL FUTURE FIELD POOL FUTURE BARN G R E E N H O U S E F U T U R E FUTURE GARAGE G U E S T F U T U R E H O U S E 25' RE SE RV ED FO R FUTU RE RO AD GRAVEL ROAD GRAVEL ROAD 81.9' 73.9' 96.3' 38.1' 109.2' 25.1' 29.6' 26.7' D.R.C.C.T. VOLUME 6057, PAGE 3587 PIPELINE EASEMENT 50' CROSSTEX NORTH TEXAS 63.2'59.5' 41.3' 59.8' 69.5' 54.1' 120.1'50.0' 7 5 . 0 '37.5' 5 6 . 3 '28.1' 4 2 . 2 '37.5' 5 6 . 3 ' 57.3 ' 1 5 0 . 8 '28.1' 4 2 . 2 ' FUTURE HOUSE 106 .0 ' 9 7 . 9 ' D.R.C.C.T. VOLUME 1122, PAGE 192 15' WATER LINE EASEMENT POINT OF BEGINNING (LOCATION BASED OFF THE LOCATION OF THE ON-SITE WATER VALVE) 30' DR I V E PR O P O S E D ABSTRACT NO. 1011ROBERT WHITAKER SURVEYS 51°15'E 1860'2 5 . 0 ' 2 5 . 0 ' Item No. 6.i. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Anna Ranch, Phase 1B, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 83 Single-family dwelling, detached lots and 5 common area lots on 25.4± acres located on the east side of Leonard Avenue, 985± feet south of Sharp Street. Zoned: Planned Development-Single-Family Residence-60 (Ord. No. 323-2007). The purpose of the final plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Final Plat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Anna Ranch Phase 1B Locator Map 2.RESOLUTION - (FP) Anna Ranch, Phase 1B 3.Exhibit A stamped (FP) Anna Ranch Phase 1B APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 SHARP ST E FOSTER CROSSING RD LEONARD AVESUNBEAM CV INDIANOLA TRL CAROLINE STCARINNA DR COUNTY ROAD 422HILLRICH DRTIANA STERROL STH AV E N D R BROCK DR WARNER DR ANNE CT LILIANA LN BURLINGTON CREST TRLCopyright nearmap 2015 SubjectProperty City Limits ETJ ¯ 0 400 800200Fee t February 2022 L:\Planning & D evelopment\Project Review\Anacapri Zoning (Megatel)\Locator\Notification Location M ap.mxd Anna Ranch, Phase 1B, Final Plat CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA RANCH, PHASE 1B, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Gehan Homes, Ltd. has submitted an application for the approval of the Anna Ranch, Phase 1B, Final Plat; and WHEREAS, The Anna Ranch, Phase 1B, Final Plat conforms to the existing zoning; and 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 Anna Ranch, Phase 1B, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April, 2022. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike GRAN D I S O N S T A R K S U R V E Y, ABST R A C T N O. 7 9 8 60 0 6030 LEGEND IRF IRON ROD FOUND O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS M.R.C.C.T.MAP RECORDS, COLLIN COUNTY, TEXAS P.R.C.C.T.PLAT RECORDS, COLLIN COUNTY, TEXAS HOA HOME OWNER'S ASSOCIATION BL BUILDING LINE UE UTILITY EASEMENT SSE SANITARY SEWER EASEMENT SVAM 25' SIDEWALK, VISIBILITY, ACCESS, & MAINTENANCE EASEMENT WME WALL MAINTENANCE EASEMENT R.O.W.RIGHT-OF-WAY SF SQUARE FEET AC ACRES CM CONTROLLING MONUMENT ANNA MELISSA ANNA RANCH PHASE 1B ANNA RANCH - PHASE 1BLJA Surveying, Inc. 6 0 6 0 N o r t h C e n t r a l E x p r e s s w a y P h o n e 4 6 9 .6 2 1 .0 7 1 0 Suite 400 Dallas, Texas 75206 T.B.P.E.L.S. Firm No. 10194382 NOTES: 1. BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986). 2. ALL CORNERS ARE 5/8 INCH IRON RODS WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET UNLESS OTHERWISE NOTED. 3. THE HOMEOWNERS ASSOCIATION (HOA) WILL OWN AND MAINTAIN ALL COMMON OPEN SPACE (X) LOTS, AND WILL MAINTAIN MEDIAN AREA ON GARDENDALE HOLLOW LANE. 4.ALL EASEMENTS ARE PUBLIC UNLESS OTHERWISE NOTED. WATER, SEWER, AND DRAINAGE EASEMENTS SHALL BE EXCLUSIVE OF FRANCHISE UTILITIES. 5.PROPERTY IS LOCATED IN FLOOD ZONE X AS SHOWN ON FEMA MAP NUMBER 48085C0160J, DATED JUNE 2, 2009. 6.WALLS OVER 4 FEET IN HEIGHT SHALL BE OWNED AND MAINTAINED BY THE HOA. IRON FENCING IS TO BE OWNED AND MAINTAINED BY THE HOA. TYPICAL SVAM EASEMENT NOT TO SCALE DETAIL A EXHIBIT A PAGE 1 OF 2 P&Z COMMISSION CITY OF ANNA APPROVED APRIL 12, 2022 CITY COUNCIL CITY OF ANNA APPROVED APRIL 4, 2022 SURVEYOR'S CERTIFICATE I, MICHAEL J. BAITUP, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY, MADE UNDER MY DIRECTION AND THE SUPERVISION IN ________, 20_____, AND THAT ALL CORNERS ARE AS SHOWN. MICHAEL J. BAITUP REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 4574 DATE: STATE OF TEXAS )( COUNTY OF ___________ )( BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED MICHAEL J. BAITUP 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 PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , A.D. 20_____. ____________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ID NUMBER: ________________ MY COMMISSION EXPIRES: ________________ OWNERS CERTIFICATION NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, GEHAN HOMES., ACTING HEREIN BY AND THROUGH IT'S DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS ANNA RANCH, PHASE 1B, AN ADDITION TO THE CITY OF ANNA, TEXAS, AND DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS AND ALLEYS SHOWN THEREON. THE STREETS AND ALLEYS ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE AREAS, AS SHOWN, ARE DEDICATED FOR THE PUBLIC USE FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. IN ADDITION, UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF ANNA'S USE THEREOF. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR ARTS OF ANY BUILDINGS, FENCES, TREES, SHRUBS, OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF ANNA AND PUBLIC UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSES 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. THIS APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, AND REGULATIONS OF THE CITY OF ANNA, TEXAS. WITNESS MY HAND THIS THE DAY OF , A.D. 2021. GEHAN HOMES, LTD. __________________________ BY: __________________ TITLE: ________________ STATE OF TEXAS )( COUNTY OF _____________ )( 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 PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF , A.D. 20_____. ____________________________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ID NUMBER: ________________ MY COMMISSION EXPIRES: ________________ 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. STATE OF TEXAS )( COUNTY OF COLLIN )( I, ________________________, MAYOR, CITY OF ANNA, COLLIN COUNTY, TEXAS DO HEREBY CERTIFY THAT THE ABOVE PLAT AND DEDICATION WAS APPROVED BY THE CITY OF ANNA, TEXAS, FOR FILING IN THE MAP OR DEED RECORDS OF COLLIN COUNTY, TEXAS ON THE DAY OF , A.D. 20____, ____________________________________________ MAYOR CITY OF ANNA, TEXAS ATTEST: ____________________________ CITY SECRETARY CITY OF ANNA, TEXAS ANNA RANCH PHASE 1B ANNA RANCH - PHASE 1BLJA Surveying, Inc. 6 0 6 0 N o r t h C e n t r a l E x p r e s s w a y P h o n e 4 6 9 .6 2 1 .0 7 1 0 Suite 400 Dallas, Texas 75206 T.B.P.E.L.S. Firm No. 10194382 OWNERS CERTIFICATE STATE OF TEXAS )( COUNTY OF COLLIN )( WHEREAS GEHAN HOMES, INC. IS THE SOLE OWNER OF A 23.449 ACRE TRACT OF LAND SITUATED IN THE GRANDISON STARK SURVEY, ABSTRACT NO. 798, IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING A PART OF A 69.511 ACRE TRACT OF LAND, CONVEYED TO GEHAN HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. 2021012001765080, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 23.449 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR THE SOUTHWEST CORNER OF ANNA RANCH, PHASE 1A, AN ADDITION TO THE CITY OF ANNA AS RECORDED IN COUNTY CLERK'S FILE NO. 2021102001000377, PLAT RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF LEONARD AVENUE (A 60' RIGHT-OF-WAY), AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-253, PLAT RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A P.K. NAIL FOUND FOR THE NORTHEAST CORNER OF SAID 60' RIGHT-OF-WAY, AND A COMMON SOUTHEAST CORNER OF A LEONARD AVENUE (A 120' RIGHT-OF-WAY), AS RECORDED IN COUNTY CLERK'S FILE NO. 20170222000232590, PLAT RECORDS, COLLIN COUNTY, TEXAS, AND BEING A COMMON ELL CORNER OF ANNA CROSSING PHASE 2, AN ADDITION TO THE CITY OF ANNA, AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-884, PLAT RECORDS, COLLIN COUNTY, TEXAS, BEARS NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, A DISTANCE OF 706.70 FEET; THENCE, OVER AND ACROSS SAID 69.511 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID ANNA RANCH PHASE 1A, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 60.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, A DISTANCE OF 48.25 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 45 DEGREES 29 MINUTES 40 SECONDS EAST, A DISTANCE OF 28.28 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 110.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 00 DEGREES 29 MINUTES 40 SECONDS WEST, A DISTANCE OF 20.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, A DISTANCE OF 52.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 417.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 89 DEGREES 10 MINUTES 59 SECONDS EAST, A DISTANCE OF 56.89 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 87 DEGREES 25 MINUTES 32 SECONDS EAST, A DISTANCE OF 58.23 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 85 DEGREES 23 MINUTES 30 SECONDS EAST, A DISTANCE OF 63.52 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 83 DEGREES 16 MINUTES 11 SECONDS EAST, A DISTANCE OF 63.52 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 81 DEGREES 06 MINUTES 47 SECONDS EAST, A DISTANCE OF 65.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 79 DEGREES 02 MINUTES 41 SECONDS EAST, A DISTANCE OF 58.23 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 77 DEGREES 05 MINUTES 15 SECONDS EAST, A DISTANCE OF 58.94 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 74 DEGREES 57 MINUTES 24 SECONDS EAST, A DISTANCE OF 75.47 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 12 DEGREES 23 MINUTES 58 SECONDS WEST, A DISTANCE OF 9.59 FEET TO; A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 77 DEGREES 34 MINUTES 19 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; THENCE, CONTINUING OVER AND ACROSS SAID 69.511 ACRE TRACT, DEPARTING SAID SOUTH LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 12 DEGREES 23 MINUTES 58 SECONDS WEST, A DISTANCE OF 104.37 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 30 DEGREES 34 MINUTES 42 SECONDS EAST, A DISTANCE OF 14.63 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 73 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 14.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 16 DEGREES 26 MINUTES 37 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 73 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 11.24 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 59 DEGREES 29 MINUTES 54 SECONDS WEST, A DISTANCE OF 13.65 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 12 DEGREES 23 MINUTES 58 SECONDS WEST, A DISTANCE OF 60.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08 DEGREES 26 MINUTES 57 SECONDS, A RADIUS OF 775.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 08 DEGREES 10 MINUTES 30 SECONDS WEST, A DISTANCE OF 114.18 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 114.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 03 DEGREES 57 MINUTES 01 SECONDS WEST, A DISTANCE OF 36.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 00 DEGREES 47 MINUTES 14 SECONDS, A RADIUS OF 825.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 04 DEGREES 20 MINUTES 38 SECONDS WEST, A DISTANCE OF 11.33 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 11.33 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 34 DEGREES 26 MINUTES 03 SECONDS EAST, A DISTANCE OF 15.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 73 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 20.04 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 16 DEGREES 26 MINUTES 37 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 73 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 11.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 58 DEGREES 08 MINUTES 36 SECONDS WEST, A DISTANCE OF 13.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREES 27 MINUTES 19 SECONDS, A RADIUS OF 825.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 10 DEGREES 22 MINUTES 02 SECONDS WEST, A DISTANCE OF 20.95 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 20.95 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 11 DEGREES 05 MINUTES 41 SECONDS WEST, A DISTANCE OF 200.16 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 31 DEGREES 13 MINUTES 51 SECONDS EAST, A DISTANCE OF 14.79 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 73 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 16.21 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 16 DEGREES 26 MINUTES 37 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 73 DEGREES 33 MINUTES 23 SECONDS WEST, A DISTANCE OF 11.49 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 58 DEGREES 54 MINUTES 23 SECONDS WEST, A DISTANCE OF 13.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 11 DEGREES 05 MINUTES 41 SECONDS WEST, A DISTANCE OF 110.84 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR CORNER; NORTH 75 DEGREES 21 MINUTES 13 SECONDS WEST, A DISTANCE OF 50.10 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 88 DEGREES 37 MINUTES 13 SECONDS WEST, A DISTANCE OF 931.67 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 89 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 70.00 FEET TO A “X” CUT SET ON THE EAST RIGHT-OF-WAY LINE OF THE AFORESAID LEONARD AVENUE; THENCE, NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID 69.511 ACRE TRACT, A DISTANCE OF 815.23 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 23.449 ACRES (1,017,509 SQUARE FEET) OF LAND. EXHIBIT A PAGE 2 OF 2 Item No. 6.j. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Coyote Meadows, Phase 1A, Final Plat. (Director of Development Services Ross Altobelli) SUMMARY: 61 Single-family dwelling, detached lots, 103 single-family dwelling, attached lots, and 5 common area lots on 41.7± acres located on the south side of Rosamond Parkway, 245± feet east of State Highway 5. Zoned: Planned Development-Single-Family Residence-60/Single-Family Residence – Zero Lot Line Homes/Townhome District (PD- SF-60/SF-Z/SF-TH) (Ord. No. 957-2022). The purpose of the final plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Coyote Meadows Ph 1A Locator Map 2.RESOLUTION - (FP) Coyote Meadows, Phase 1A 3.Exhibit A (STAMPED) - Coyote Meadows Phase 1A - Final Plat APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 FM 2 8 6 2N RIGGINS STCOUNTYROAD425ANTHONY S T WHITEROCKBRIAR CV ELM GROVE W E S T G R O V E C IR CHALK RD WOLFRUNRODEO DRFERN ST W ROSAMOND PKWY E ROSAMOND PKWYNPOWELLPKWY Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet March 2022 H:\Notification Maps\Notification Maps\ Coyote Meadows, Phase 1A, Final Plat CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CITY OF COYOTE MEADOWS, PHASE 1A, FINAL PLAT. WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 of the Anna City Code of Ordinances (“Subdivision Regulations”); and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Scot Albert / TFCC Coyote LLC (Starlight Homes) has submitted an application for the approval of the Coyote Meadows, Phase 1A, Final Plat; and WHEREAS, The Coyote Meadows, Phase 1A, Final Plat conforms to the existing zoning; and 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 Coyote Meadows, Phase 1A, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April, 2022. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike POINT OF BEGINNING TRACT #1 LOCATION MAP Not To Scale LEGEND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND IRON PIPE FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMENT EASEMENT UTILITY DRAINAGE EASEMENT DRAINAGE AND UTILITY EASEMENT UTILITY EASEMENT WATER EASEMENT SANITARY SEWER EASEMENT 25'x25' VISIBILITY, SIDEWALK, ACCESS & MAINTENANCE EASEMENT STREET EASEMENT FIRELANE, ACCESS, & UTILITY EASEMENT WASTE WATER EASEMENT - DEDICATED TO THE H.O.A. WALL MAINTENANCE EASEMENT HIKE & BIKE TRAIL EASEMENT VISIBILITY, ACCESS & MAINTENANCE EASEMENT BY THIS PLAT RIGHT-OF-WAY MINIMUM FINISH FLOOR ELEVATION BUILDING LINE STREET NAME CHANGE ℄CENTERLINE BLOCK DESIGNATION STREET FRONTAGE CABINET VOLUME PAGE NUMBER FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP NOT TO SCALE ORDINANCE NUMBER INSTRUMENT OR DOCUMENT DEED RECORDS, COLLIN COUNTY, TEXAS PLAT RECORDS, COLLIN COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS Scale: 1" = 100' March 29, 2022 SEI Job No. 21-123 SHEET 1 OF 2 S N W E PROJECT LOCATION            FINAL PLAT                COYOTE MEADOWS PHASE 1A 164 SINGLE-FAMILY LOTS AND 5 COMMON AREA LOTS 41.740 GROSS ACRES OUT OF THE GUINN MORRISON~ABSTRACT NO. 559 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER TFCC Coyote, LLC 22 St. Clair Avenue East Suite 200 Toronto, ON, Canada M6B1R5 Telephone (416) 792-4708 Contact: Seth Greenspan, VP ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett DEVELOPER / APPLICANT Starlight Homes Texas, LLC 1800 Valley View Lane, Suite 100 Farmers Branch, TX 75234 Telephone (214) 616-6887 Contact: Daniel Satsky March 29, 2022 SEI Job No. 21-123 SHEET 2 OF 2            FINAL PLAT                COYOTE MEADOWS PHASE 1A 164 SINGLE-FAMILY LOTS AND 5 COMMON AREA LOTS 41.740 GROSS ACRES OUT OF THE GUINN MORRISON~ABSTRACT NO. 559 IN THE CITY OF ANNA COLLIN COUNTY, TEXAS OWNER TFCC Coyote, LLC 22 St. Clair Avenue East Suite 200 Toronto, ON, Canada M6B1R5 Telephone (416) 792-4708 Contact: Seth Greenspan, VP ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett DEVELOPER / APPLICANT Starlight Homes Texas, LLC 1800 Valley View Lane, Suite 100 Farmers Branch, TX 75234 Telephone (214) 616-6887 Contact: Daniel Satsky SURVEYOR'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § STATE OF TEXAS § COUNTY OF COLLIN § NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: TFCC COYOTE, LLC A Texas Limited Liability Company “” “” “” Item No. 6.k. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Arden Park, Preliminary Plat. (Director of Development Services Ross Altobelli) SUMMARY: 88 single-family dwelling, detached lots, 53 single-family dwelling, attached lots, 5 common area lots, and 2 restricted commercial lots on 28.0± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single-Family Residence District – Zero Lot Line Homes (SF- Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961- 2022). The purpose for the Preliminary Plat is to propose rights-of-way, lot and block boundaries, and easements necessary for the creation of a single-family, detached and attached, residential development and restricted commercial development. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Preliminary Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Arden Park Locator Map 2.RESOLUTION (PP) Arden Park 3.Exhibit A (STAMPED) - Arden Park Preliminary Plat APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 RIVERCR OSSINGDRAVERY POINTE DR MIMOSA DRDOGWOOD DRSHERWOODDRCEDARCREEKDRSANDALWOODLNBAMBOO DR ELM ST W WHITE ST SLATERCREEKRDSFERGUSONPKWYSTONERIDGEDRDURHAM DR BUFFALOBILLDRBUTCH CASSIDY DRTIMBERFALLS DR BROOKVIEWCTBRIDGEPORT DRASH STLIVE OAK DRWESTWOOD CT WESTGATE CT PARK VISTA DR WILLOWCREEKDRSEQUOIA DR ALDER DR BRENTFIELD DR WESTFIELD DRROCKRIDGE TRL DOC HOLLIDAY DR WYATT EARP DR HAZELS WAYBENS DRWESTCROSSINGBLVDSCopyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet March 2022 H:\Notification Maps\Notification Maps\ Arden Park, Preliminary Plat CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK, PRELIMINARY PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Harlow Sheryl Family Trust, Colby Harlow Trustee – Harlow Capitol Management, LLC has submitted an application for approval of the Arden Park, Preliminary Plat; and 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 Preliminary Plat The City Council hereby approves the Arden Park, Preliminary Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April, 2022. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.L E G E N DLUX2021310780PRELIMINARY PLATARDEN PARKPROJECTSITE 111 Hillside DriveLewisville, Texas 75057972. 436. 9712201 Country View DriveRoanoke, Texas 76262940. 240. 1012TBPE: 19762 TBPLS: 10194440www.gacon.comwww.mcadamsco.comThe John R. McAdamsCompany, Inc.LUX2021310780”“”””“”””””””“”””””“”””“”””“”””””“”“”“”“” PRELIMINARY PLATARDEN PARKPROJECTSITE Item No. 6.l. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Approve a Resolution regarding the Canvas at Anna, Block A, Lot 1, Preliminary Plat. (Director of Development Services Ross Altobelli) SUMMARY: One multiple-family dwelling lot on 17.5± acres located at the northwest corner of E. Foster Crossing and Leonard Avenue. Located in the Extraterritorial Jurisdiction. The purpose for the Preliminary Plat is to propose rights-of-way, lot and block boundaries, and easements necessary for the creation of a multiple-family residential development. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Preliminary Plat is in conformance with the city’s Subdivision Regulations and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Canvas at Anna Locator Map 2.RESOLUTION (PP) Canvas at Anna, Block A, Lot 1 3.Exhibit A stamped (PP) Canvas at Anna APPROVALS: Salena Tittle, Planner II Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 E FOSTER CROSSING RD BROCK DR PENN ST H A V E N D R LILLY LNCAINDRHILLRICH DRTATE LN THAYNEDRB R OOK DR LEONARDAVECOUNTYROAD 422Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 400 800200 Feet March 2022 H:\Notification Maps\Notification Maps\ Canvas at Anna, Block A, Lot 1, Preliminary Plat CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CANVAS AT ANNA, BLOCK A, LOT 1, PRELIMINARY PLAT WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Ramesh Yenamaddi has submitted an application for approval of the Canvas at Anna, Block A, Lot 1, Preliminary Plat; and 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 Preliminary Plat The City Council hereby approves the Canvas at Anna, Block A, Lot 1, Preliminary Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the Public Works Department. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April, 2022. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\7057 1 0 7 1 5 7037047 0 6 7 0 7 7 0 8 7 0 9 7 1 1 7127137 1 4 7167177 1 8 7 1 0 715720725706707708 70 9 7117 1 2 7137147167177187197217227237 2 4 705 710 715 706 707 708 709 711 71 2 713 714 71 6 7177 1 6720725717718719721722723724715 71 3 714 716 717 S89° 39' 27"E 539.17'S89° 39' 04"E 403.91'S00° 32' 06"W 307.28'S00° 32' 06"W 208.72'S00° 32' 06"W 295.18'N89° 01' 19"W 940.56'N00° 21' 10"E 800.79'LOT 1, BLOCK A CANVAS AT ANNA 15.478 ACRES OR 674,200 SQUARE FEET TEX PROPERTIES GROUP, LLC INSTRUMENT NUMBER 20190816000999330 O.P.R.C.C.T. JAMES R. GARVEY JR., AND WIFE LINDA L. GARVEY INSTRUMENT NUMBER 20150107000018830 O.P.R.C.C.T. HARLAN PROPERTIES, INC. INSTRUMENT NUMBER 2012128001650300 O.P.R.C.C.T. HARLAN PROPERTIES, INC. INSTRUMENT NUMBER 2012128001650300 D.R.C.C.T. E FOSTER CROSSING ROAD PREVIOUSLY KNOWN AS COUNTY ROAD 421 DAVID E. W. BABB SURVEYABSTRACT NUMBER 33GRANDERSON STARK SURVEYABSTRACT NUMBER 798LEONARD AVENUEPREVIOUSLY KNOWN AS COUNTY ROAD 422STEVE L. WARNE INSTRUMENT NUMBER 20070313000342760 O.P.R.C.C.T. STEVE L. WARNE VOLUME 3222, PAGE 909 D.R.C.C.T. STEVE L. WARNE INSTRUMENT NUMBER 20070313000342760 O.P.R.C.C.T. ANNA ELEMENTARY NO. 3 INSTRUMENT NUMBER 20180416010001620 O.P.R.C.C.T. RICHARD A. MCMINIMY, AND WIFE CATHERINE F. MCMINIMY INSTRUMENT NUMBER 20070205000169410 O.P.R.C.C.T. FOUND 60D NAIL BEARS N52° 38' 26"E 1.80' FROM PROPERTY CORNER FOUND 1/2" IRON ROD FOUND 1/2" IRON ROD FOUND 3/8" IRON ROD BEARS S04° 54' 25"E 2.14' FROM PROPERTY CORNER FOUND 1/2" IRON ROD BEARS N00° 14' 03"W 2.26' FROM PROPERTY CORNER FOUND 1/2" CAPPED IRON ROD STAMPED "PREMER SURVEYING" FOUND 1/2" CAPPED IRON ROD STAMPED "PREMER SURVEYING" FOUND 1/2" CAPPED IRON ROD STAMPED "PREMER SURVEYING" FOUND 3/8" IRON ROD FOUND 1/2" CAPPED IRON ROD STAMPED "PREMER SURVEYING" BEARS N04° 38' 46"E 2.95' FROM PROPERTY CORNER FOUND 1/2" IRON ROD CORNER CLIP EASEMENT INSTRUMENT NUMBER 20121217001603010 O.P.R.C.C.T. 20' ROAD EASEMENT VOLUME 782, PAGE 599 D.R.C.C.T. 20' ROAD EASEMENT VOLUME 782, PAGE 599 D.R.C.C.T. 15' WATER LINE AND VALVE EASEMENT VOLUME 1056, PAGE 871 D.R.C.C.T. 15' UTILITY EASEMENT VOLUME 782, PAGE 599 D.R.C.C.T. 15' UTILITY EASEMENT VOLUME 782, PAGE 599 D.R.C.C.T. 15' WATER LINE AND VALVE EASEMENT VOLUME 1056, PAGE 871 R.P.R.C.C.T. 20' ROAD EASEMENT VOLUME 782, PAGE 599 D.R.C.C.T. 40' RIGHT-OF-WAY DEDICATION 0.853 ACRES OR 37,156 SQUARE FEET FOUND 1/2" CAPPED IRON ROD STAMPED "PREMER SURVEYING"60' RIGHT-OF-WAY DEDICATION1.096 ACRES OR 47,732 SQUARE FEETN00° 32' 26"E 273.04'C 3 3 N89° 29' 01"W 90.27'C32S00° 31' 05"W 255.35'C 3 1 S89° 38' 18"E 112.11'C30C23S00° 32' 26"W 299.60'C 2 2 S89° 25' 40"E 333.31'C25N00° 23' 08"E 299.31'C24N89° 22' 37"W 333.68'C27S00° 23' 07"W 315.73'C 2 6 L34 C29N00° 23' 07"E 315.88'C28L30 N89° 31' 10"W 68.08'C15S00° 23' 09"W 317.49'C16C17S00° 33' 34"W 143.00'L44N00° 33' 34"E 107.95'C 1 8 N89° 25' 40"W 131.50'C19S00° 33' 34"W 107.33'L48N00° 33' 34"E 107.37'C 2 0 L52C21 S00° 32' 07"W 145.75'N00° 32' 07"E 145.66'C 1 L1 C2S00° 32' 07"W 106.68'L5N00° 32' 07"E 106.74'C 3N00° 32' 26"E 125.83'C4N89° 38' 18"W 91.91'C5N00° 31' 05"E 255.35'C6S89° 29' 01"E 110.29' C7 N00° 32' 26"E 54.78' L6 S00° 32' 26"W 144.16'C 8 S89° 22' 37"E 134.05'C9N00° 20' 33"E 139.01'L10 S00° 20' 33"W 139.53'C10S89° 22' 37"E 136.49'C11N00° 32' 33"E 145.00'L17 L21C 1 2 S89° 40' 48"E 116.16'L25N89° 40' 48"W 116.21'C13L26C 1 4 S89° 31' 10"E 142.43' L18 L19L20L22 L23L24 L27 L28L29 L31 L32L33 L35 L36L37 L14 L15L16 L7 L8 L9 N89° 29' 01"W 127.56' N89° 29' 01"W 90.17' S89° 30' 00"E 247.30' N89° 30' 00"W 247.24' L56 L57L58 L53 L54L55 S89° 36' 00"E 79.26' S89° 36' 00"E 99.22'L2L3L4 L49 L50L51 L45L46L47 L38L39 L40L41L42L4325' BUILDING LINE 25' BUILDING LINEN89° 01' 19"W 835.69'40.00'S45° 45' 23"W 63.39'S00° 32' 06"W 725.52'60.00'343.91'760.79'184.43'223.72'24.00' L11 L12 L13 24' FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT 167.72'24.00'533.81'250.35'20.00'71.37'15.00'151.96'20.00'112.87'20.00' L=26.58'36.63'L=35.20'L=29.10'135.81'136.05'L=4.71' L=8.29' 24' FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT 24' FIRE LANE, ACCESS, UTILITY & DRAINAGE EASEMENT 20' DRAINAGE & UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT 15' DRAINAGE & UTILITY EASEMENT 20' DRAINAGE & UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT 24.00' 24.00' 24.00'24.00'24.00'24.00' 24.00' 24.00' 24.00' 24.00' 24.00'84.09'S89° 37' 23"E 186.37'S00° 47' 43"W 252.29'403.54' N89° 25' 39"W 10.71' DRAINAGE & DETENTION EASEMENT 150.00'24' ACCESS, UTILITY & DRAINAGE EASEMENT 146.18' 19.15' 19.27'64.68'137.93'137.35'136.71'END OF FIRE LANE25' x 25' V.A.M. EASEMENT 25' x 25' V.A.M. EASEMENT 25' x 25' V.A.M. EASEMENT 25' x 25' V.A.M. EASEMENT B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com DEVELOPER: WATERMARK PROPERTIES 206 NORTH MAIN STREET WHEATON, ILLINOIS 60187 CONTACT: RICHARD DUFFY PHONE: 972-890-7218 CERTIFICATE OF APPROVAL APPROVED on this the ________day of _________________, 2022, by the City Council, City of Anna, Texas. __________________________________________ Mayor City of Anna, Texas ATTEST: ______________________________________ City Secretary City of Anna, Texas PRELIMINARY PLAT OF CANVAS AT ANNA LOT 1, BLOCK A 17.426 acres out of the Granderson Stark Survey, Abstract Number 798 City of Anna Extra-Territorial Jurisdiction, Collin County, Texas 1 Lot Preparation Date: March 2022 Revision Date: March 23, 2022 SHEET 1 OF 2 OWNER: TEX PROPERTIES GROUP, LLC 1008 COWBOYS PARKWAY IRVING, TEXAS 75063 CONTACT: RAMESH YENAMADDI General Notes: 1. All coordinates and bearings shown herein are Texas State Plane Coordinate System, NAD83 (CORS), Texas North Central Zone (4202). All distances shown herein are surface distances. 2. Notice: Selling a portion of any lot in this addition by metes and bounds is a violation of state law and City Ordinance and is subject to penalties imposed by law. 3. According to surveyor's interpretation of information shown on the National Flood Insurance Program (NFIP) “Flood Insurance Rate Map” (FIRM), Community Panel No. 48085C0160J, dated June 2, 2009. The property appears to lie within Zone “X” and the entire property lies within a “Areas determined to be outside the 0.2% annual chance floodplain” zone as defined by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, or the Federal Emergency Management Agency. 4. The above referenced “FIRM” map is for use in administering the “NFIP”; it does not necessarily show all areas subject to flooding, particularly from local sources of small size, which could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. There may be other streams, creeks, low areas, drainage systems or other surface or subsurface conditions existing on or near the subject property which are not studied or addressed as a part of the “NFIP”. 5. See Sheet 2 for Curve Table and Line Table. VICINITY MAP NOT TO SCALE ANNA ETJ, COLLIN COUNTY, TEXASDARTLEONARD AVENUESHARP STREET CAROLINESHARP FINLE Y B O U L E V A R D DARTE. FOSTER CROSSING ROAD SITE OWNER: JAMES R. GARVEY JR., AND LINDA L. GARVEY 3122 COUNTY ROAD 422 ANNA, TEXAS 75409 CONTACT: JAMES PENNY EXHIBIT A PAGE 1 OF 2 Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 Length 37.80' 10.00' 10.00' 10.00' 24.00' 24.00' 5.00' 10.00' 5.00' 24.00' 10.00' 10.00' 10.00' 11.84' 10.00' 7.01' 24.00' 10.00' 10.00' 32.35' 33.48' 10.00' 10.00' 10.00' 24.00' 11.84' 3.59' 10.00' 8.17' 13.50' 11.75' 10.00' 11.70' 13.88' 11.75' 10.00' 11.70' 12.17' 10.00' 11.94' 10.00' 10.00' 10.00' 24.00' 10.00' 10.00' 10.00' 24.00' 10.04' 10.00' 12.82' 38.04' 13.15' 10.00' 13.30' 11.27' 10.00' 13.30' Direction N89° 29' 53"W S0° 32' 06"W N89° 27' 54"W N0° 32' 06"E N89° 27' 54"W S89° 27' 34"E N0° 32' 26"E S89° 27' 34"E S0° 32' 26"W S89° 39' 27"E N0° 20' 33"E S89° 39' 27"E S0° 20' 33"W N89° 39' 29"E S0° 20' 31"E S89° 39' 29"W S89° 27' 19"E S89° 30' 34"E S0° 29' 26"W S16° 41' 44"W S0° 29' 26"W S89° 40' 48"E S0° 19' 12"W N89° 40' 48"W S0° 19' 12"W S0° 32' 27"W S0° 20' 31"E S89° 39' 29"W N0° 20' 31"W N89° 39' 35"W S89° 19' 12"E S0° 40' 48"W N89° 19' 12"W S89° 26' 30"E S89° 19' 12"E S0° 40' 48"W N89° 19' 12"W N0° 13' 16"W N89° 46' 44"E S0° 13' 16"E S0° 32' 06"W N89° 27' 54"W N0° 32' 06"E N89° 28' 02"W S0° 32' 06"W N89° 27' 54"W N0° 32' 06"E N89° 28' 02"W N89° 39' 29"E S0° 20' 31"E S89° 39' 29"W N89° 25' 40"W N89° 39' 29"E S0° 20' 31"E S89° 39' 29"W N89° 39' 29"E S0° 20' 31"E S89° 39' 29"W Curve Table Curve # C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 Length 47.14' 47.14' 47.10' 47.22' 81.82' 84.82' 15.70' 47.08' 47.27' 47.07' 46.93' 47.21' 47.01' 47.16' 44.03' 33.75' 18.66' 47.12' 47.14' 47.12' 47.14' 47.12' 45.86' 47.15' 47.22' 47.25' 46.95' 48.30' 47.69' 15.68' 44.06' 47.12' 47.14' Radius 30.00' 30.00' 30.00' 30.00' 52.00' 54.00' 10.00' 30.00' 30.00' 29.81' 31.08' 30.00' 30.00' 30.00' 28.00' 54.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 30.05' 30.00' 30.00' 30.00' 30.00' 30.00' 30.00' 10.00' 28.00' 30.00' 30.00' Delta 90°02'14" 90°02'13" 89°57'47" 90°10'44" 90°09'23" 89°59'54" 89°58'33" 89°55'03" 90°16'50" 90°28'15" 86°30'20" 90°10'14" 89°46'45" 90°03'37" 90°05'41" 35°48'19" 35°37'53" 89°59'14" 90°02'13" 89°59'14" 90°02'13" 90°00'00" 87°25'57" 90°02'53" 90°11'12" 90°14'06" 89°40'07" 92°14'29" 91°05'25" 89°49'16" 90°09'23" 89°59'54" 90°01'27" Chord Direction N44° 29' 00"W S45° 33' 14"W N44° 26' 46"W N44° 32' 56"W N44° 33' 37"W N45° 31' 02"E N45° 31' 42"E S44° 25' 06"E N45° 28' 58"E S44° 44' 37"E N44° 36' 49"E S44° 35' 41"E S45° 25' 50"W S44° 29' 21"E S45° 26' 00"W S18° 17' 18"W S18° 22' 31"W N44° 26' 03"W S45° 33' 15"W N44° 26' 03"W S45° 33' 14"W S44° 27' 31"E S44° 17' 43"W N44° 38' 18"W N45° 28' 44"E S44° 35' 48"E S45° 13' 12"W N45° 44' 06"W N45° 55' 48"E N45° 27' 04"E S44° 33' 37"E S45° 31' 02"W N44° 28' 18"W Chord Length 42.44' 42.44' 42.41' 42.49' 73.64' 76.37' 14.14' 42.40' 42.53' 42.33' 42.60' 42.49' 42.34' 42.45' 39.63' 33.20' 18.36' 42.42' 42.44' 42.42' 42.44' 42.43' 41.54' 42.44' 42.50' 42.51' 42.30' 43.25' 42.83' 14.12' 39.65' 42.43' 42.44' B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 SURVEYOR’S CERTIFICATION: STATE OF TEXAS § COUNTY OF TARRANT § THIS is to certify that I, Michael Dan Davis, Registered Professional Land Surveyor Number 4838 for the State of Texas, have performed, for this plat, an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction or supervision. ________________________________________ Michael Dan Davis DATE: Registered Professional Land Surveyor No. 4838 BANNISTER ENGINEERING, LLC T.B.P.L.S. REGISTRATION NO. 10193823 240 N. MITCHELL ROAD MANSFIELD, TEXAS 76063 Office (817) 842-2094 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally Michael Dan Davis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of __________________________, 2022. _______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ MICHAEL DAN DAVIS 4838STATEOFTEX A SLAN D SUR V E YORREG I S T E R E DPRO FES S I O N ALPRELI MI N A R Y PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED AS A FINAL SURVEY DOCUMENT OWNER'S CERTIFICATION: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT TEX PROPERTIES GROUP, LLC and JAMES R. GARVEY JR., AND LINDA L. GARVEY acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as CANVAS AT ANNA, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the ____ day of ______________________, 2022. TEX PROPERTIES GROUP, LLC ________________________________________________ Owner: ________________________________________________ Owner: JAMES R. GARVEY JR. ________________________________________________ Owner: LINDA L. GARVEY STATE OF TEXAS § COUNTY OF ________________ § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally ______________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of _________________________, 2022. ______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ STATE OF TEXAS § COUNTY OF ________________ § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally ______________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of _________________________, 2022. ______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ STATE OF TEXAS § COUNTY OF ________________ § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally ______________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of _________________________, 2022. ______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ OWNER’S CERTIFICATE: STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS TEX PROPERTIES GROUP, LLC and JAMES R. GARVEY JR., AND LINDA L. GARVEY, acting by and through the undersigned, its duly authorized agent is the owner of 17.426 acres (759,088 square feet) of land in the Granderson Stark Survey, Abstract No. 798, Collin County, Texas; said 17.426 acres (759,088 square feet) of land being all of that certain tract of land described in a Special Warranty Deed with Vendors Lien to TEX Properties Group, LLC (hereinafter referred to as TEX Properties Group tract), as recorded in Instrument Number 20190816000999330, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being all of that certain tract of land described in a Texas General Warranty Deed to James R. Garvey Jr., and wife Linda L. Garvey (hereinafter referred to as Garvey tract), as recorded in Instrument Number 20150107000018830, O.P.R.C.C.T.; said 17.426 acres (759,088 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING at a three-eighths inch iron rod found for the Southeast corner of said TEX Properties Group tract, same being an inner-ell corner of the certain tract of land described in a Special Warranty Deed with Vendor's Lien to Harlan Properties, Inc. (hereinafter referred to as Harlan Properties tract), as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same also being the intersection of the E. Foster Crossing Road, previously known as County Road 421 and Leonard Avenue, previously known as County Road 422; THENCE North 89 degrees 01 minute 19 seconds West with the common line between said TEX Properties Group tract and said Harlan Properties tract, with said E. Foster Crossing Road, a distance of 940.56 feet to the Southwest corner of said TEX Properties Group tract, same being the Southeast corner of that certain tract of land described in a deed to Steve L. Warne (hereinafter referred to as Steve Warne tract), as recorded in Instrument Number 20070313000342760, O.P.R.C.C.T., from which a one-half inch iron rod with plastic cap stamped "PREMER SURVEYING" found bears North 04 degrees 38 minutes 46 seconds East, a distance of 2.95 feet; THENCE North 00 degrees 21 minutes 10 seconds East, departing said E. Foster Crossing Road, with the common line between said TEX Properties Group tract and said Steve Warne tract, pass at a distance of 244.23 feet, the Southeast corner of that certain tract of land described in a deed to Steve L. Warne (hereinafter referred to as Warne tract), as recorded in Volume 3222, Page 909, Deed Records, Collin County, Texas (D.R.C.C.T.), continue with said course, with the common line between said TEX Properties Group tract and said Warne tract, pass at a distance of 449.20 feet, the Northeast corner of said Warne tract, same being an angle point in the East line of remainder of said Steve Warne tract, continue with said course, with the common line between said TEX Properties Group tract and said Steve Warne tract for a total distance of 800.79 feet to a one-half inch iron rod found for the Northwest corner of said TEX Properties Group tract, same being the Southwest corner of that certain tract of land described as Anna Elementary School No. 3, an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument Number 20180416010001620, O.P.R.C.C.T., from which a 60D Nail found bears North 52 degrees 38 minutes 16 seconds East, a distance of 1.80 feet; THENCE South 89 degrees 39 minutes 27 seconds East, departing the East line of said Steve Warne tract, with the common line between said TEX Properties Group tract and said Anna Elementary School No. 3, a distance of 539.17 feet to a one-half inch iron found for the Southerly Southeast corner of said Anna Elementary School No. 3, same being the Southwest corner of that certain tract of land described in a Warranty Deed with Vendor's lien to Richard A. McMinimy, and wife, Catherine F. McMinimy (hereinafter referred to as McMinimy tract), as recorded in Instrument Number 20070205000169410, O.P.R.C.C.T.; THENCE South 89 degrees 39 minutes 04 seconds East with the common line between said TEX Properties Group tract and said McMinimy tract, a distance of 403.91 feet to a one-half inch iron found for the Northeast corner of said TEX Properties Group tract, same being the Southeast corner of said McMinimy tract, same being a West line of said Harlan Properties tract, same also being in said Leonard Avenue; THENCE South 00 degrees 32 minutes 06 seconds West with the common line between said TEX Properties Group tract and said Harlan Properties tract, with said Leonard Avenue, a distance of 307.28 feet to a one-half inch iron rod with plastic cap stamped "PREMER SURVEYING" found for the Northeast corner of said Garvey tract, from which a one-half inch iron rod found bears North 00 degrees 14 minutes 03 seconds West, a distance of 2.26 feet; THENCE South 00 degrees 32 minutes 06 seconds West with the common line between said Garvey tract and said Harlan Properties tract, a distance of 208.72 feet to a one-half inch iron rod with plastic cap stamped "PREMER SURVEYING" found for the Southeast corner of said Garvey tract, same being an angle point in the East line of said TEX Properties Group tract; THENCE South 00 degrees 32 minutes 06 seconds West with the common line between said TEX Properties Group tract and said Harlan Properties tract, a distance of 295.18 feet to the PLACE OF BEGINNING, and containing a calculated area of 17.426 acres (759,088 square feet) of land. ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com DEVELOPER: WATERMARK PROPERTIES 206 NORTH MAIN STREET WHEATON, ILLINOIS 60187 CONTACT: RICHARD DUFFY PHONE: 972-890-7218 PRELIMINARY PLAT OF CANVAS AT ANNA LOT 1, BLOCK A 17.426 acres out of the Granderson Stark Survey, Abstract Number 798 City of Anna Extra-Territorial Jurisdiction, Collin County, Texas 1 Lot Preparation Date: March 2022 Revision Date: March 23, 2022 SHEET 2 OF 2 OWNER: TEX PROPERTIES GROUP, LLC 1008 COWBOYS PARKWAY IRVING, TEXAS 75063 CONTACT: RAMESH YENAMADDI OWNER: JAMES R. GARVEY JR., AND LINDA L. GARVEY 3122 COUNTY ROAD 422 ANNA, TEXAS 75409 CONTACT: JAMES PENNY Access Easement: The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of general public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. Drainage and Detention Easement: STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA This plat is hereby adopted by the Owners and approved by the City of Anna (called “City”) subject to the following conditions which shall be binding upon the Owners, their heirs, grantees and successors: The portion of Block 1, as shown on the plat is called “Drainage and Detention Easement.” The Drainage and Detention Easement within the limits of this addition, will remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement. The City will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure within the Drainage and Detention Easement as hereinabove defined, unless approved by the City Engineer. Provided, however, it is understood that in the event it becomes necessary for the City to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by the City shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance which would result in unsanitary conditions or obstruct the flow of water, and the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm water overflow and natural bank erosion to an extent which cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure, or structures, within the Easement. Fire Lane Easement: That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating “Fire Lane, No Parking.” The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. Visibility , Access, and Maintenance Easement: The area or areas shown on the plat as "VAM" (Visibility , Access, and Maintenance) easement(s) are hereby given and granted to the city, its successors and assigns, as an easement to provide visibility, right of access, and maintenance upon and across said VAM easement. The city shall have the right, but not the obligation, to maintain any and all landscaping within the VAM easement. Should the city exercise this maintenance right, it shall be permitted to remove and dispose of any and all landscaping improvements, including without limitation, any trees, shrubs, flowers, ground cover, and fixtures. The city may withdraw maintenance of the VAM easement at any time. The ultimate maintenance responsibility for the VAM easement shall rest with the owners. No building, fence, shrub, tree, or other improvements or growths, which in any way endanger or interfere with the visibility, shall be constructed in, on, over, or across the VAM easement. The city shall also have the right, but not the obligation, to add any landscape improvements to the VAM easement, to erect any traffic control devices or signs on the VAM easement, and to remove any obstruction thereon. The city, its successors, assigns, or agents, shall have the right and privilege at all times to enter upon the VAM easement or any part thereof for the purposes and with all rights and privileges set forth herein. EXHIBIT A PAGE 2 OF 2 P&Z COMMISSION CITY OF ANNA APPROVED APRIL 12, 2022 CITY COUNCIL CITY OF ANNA APPROVED APRIL 4, 2022 Item No. 6.m. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Marc Marchand AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a contract (with two, one year options for renewal) with Pyro Shows of Texas for the 2022-2024 Independence Day Celebration (Boots and Booms) and Christmas Tree Lighting Firework shows. (Director of Neighborhood Services Marc Marchand) SUMMARY: Included in the bid are the following: A high aerial fireworks show that will take place at Slayter Creek Park, 425 W Rosamond Pkwy, on June 25, 2022, at approximately 9:30 PM as part of an Independence Day (Boots and Booms) celebration. The show will be 18 minutes in length and choreographed to patriotic/American music. A low aerial fireworks show that will take place at the tentative location of Sherley Heritage Park, 101 S Sherley Ave, on December 3, 2022, at approximately 6:00 PM as part of a Christmas tree-lighting event. The show will be 8 minutes in length and choreographed to Christmas music. For both shows, the bidder will be responsible for the soundtrack as well as complete fireworks setup and show execution. Bidder is also responsible for obtaining all required permits, general liability, and automobile insurance. All pyrotechnician labor shall be performed by trained, insured and licensed technicians and workers' compensation insurance provided as required by state and federal law. The execution of the show must be BATFE and FAA compliant. Bidder must meet with City safety officials prior to the event as necessary. This is a one-year contract with two one-year renewal options. The recommended awardee of the bid is Pyro Shows of Texas out of Fort Worth, TX with a bid of $111,000, if all renewal options are exercised.The bids from the two remaining bidders were $99,000 and $103,800. Pyro Shows of Texas was the best value of bidders. When applying the following weighted criteria, Pyro Shows scored 94 out of 100 while the two remaining bidders scored 82.1 and 71.6. The criteria are as follows: price of the contract (50%), shell count (25%), experience of the bidder with similar work (15%) and history of the bidder with the city (10%). The Price of the Contract criteria was calculated by awarding the 50 total points to the lowest bidder and taking the percentage difference from the lowest bid and applying the percentage difference to the 50 total criteria points for the remaining bidders (i.e. $111,000 is a difference of 12.1% ($12,000) from the lowest bid amount of $99,000. The 50 total possible criteria points is then multiplied by the difference of 12.1% to receive a score of 44 criteria points. Price of Contract Criteria Pyro Shows Bidder B Bidder C Price $ 111,000.0 0 $ 103,800.00 $ 99,000.00 Difference from Lowest $ 12,000.00 $ 4,800.00 $ - % Difference from the lowest bidder 12.1%4.8%0.0% % difference deducted from criteria % (50) 44 47.6 50.0 Using the same application as the "Contract Price" criteria, the "Shell Count Criteria" was calculated by awarding the bidder with the highest shell count and taking the percentage difference from the highest shell count bid and applying the percentage difference to the 25 total criteria points for the remaining bidders. Shell Count Criteria Pyro Shows Bidder B Bidder C Shell Count 4930 0*1592 Difference from Highest 0 4930 3338 % Difference from Highest 0 100%67.7% % deducted from criteria % (25)25 0 8.1 *Note: Bidder B did not provide a shell count as "due to widespread industry manipulation of firework shell counts as well as their relative insignificance to overall display quality, "Bidder B" Fireworks does not produce shell counts until the show design is complete." For the "Experience of the Bidder with Similar Work Criteria", all three bidders received the maximum score of 15 as they all displayed similar and comparable experience. For the "History of the Bidder with the City of Anna" criteria, a 1 point deduction was applied if the experience was with an organization within the city but not the City of Anna. Below are the results of each bidders' individual criteria scores and total scores. Pyro Shows Bidder B Bidder C Price (50%)44 47.6 50.0 Shell Count (25%)25.0 0.0 8.1 Experience of the Bidder with Similar Work (15%) 15.0 15.0 15.0 History of the Bidder with the City of Anna (10%) 10.0 9.0 9.0 TOTAL SCORE OUT OF 100 94 71.6 82.1 FINANCIAL IMPACT: $37,000 from the Park Development Fund this year and $37,000 each in 2023 and 2024 should the two one-year renewal options be exercised, resulting in a total financial impact of $111,000 from the Park Development Fund (372-557-67000). STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna - Great Place to Live Objectives - 2: Expand community festivals and events with a feeling of community pride. Value to Neighbors - 7: More reasons to stay living in Anna. STAFF RECOMMENDATION: Approval ATTACHMENTS: 1.CONTRACT - Pyroshows of Texas - 6.25.2022 and 12.3.2022 2.Resolution for Fireworks Show 2022 APPROVALS: Jeff Freeth, Recreation Manager Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Page 1 of 3 Contract Agreement This Agreement made this 23rd day of March 2023, by and between PYRO SHOWS OF TEXAS, Inc., a Texas Corporation, whose address is 6601 Nine Mile Azle Road, Fort Worth, Texas, 76135, and hereinafter referred to as “PYRO SHOWS” and City of Anna with its principle place of business located at 111 N. Powell Parkway, Anna, in the State of Texas, hereinafter referred to as “Customer”. In consideration of the mutual promises and undertakings set forth herein, receipt of said consideration being acknowledged, the parties hereby agree as follows: I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a fireworks display, hereinafter referred to as “Show”, pursuant to the project/sales order #22-TX-06-25-C-29000-000106 and #22-TX-12-03-C-8000-000107 dated this 23rd day of March 2022. The Show will be given on the 25th day of June 2022 and the 3rd day of December 2022. Rain date/postponement date: Mutually agreed upon date. This agreement offers two option years to be given on mutually agreeable dates in 2023 and 2024. Should Customer elect to defer any Show option, the Cancellation clause will apply to the affected Shows. Contract value of this agreement (6 shows total, 3-18 minute shows and 3-8 minute shows) is $111,000 if all options are exercised. II. CANCELLATION: PYRO SHOWS shall determine what weather conditions prohibit PYRO SHOWS from proceeding with the Show; in which case, PYRO SHOWS agrees to present the Show on the following day or previously agreed upon postponement date. In addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the show on subsequent occasion to include labor, lodging, per diem, etc.; in no event shall these additional expenses be less than ten percent (10%) of the contracted price of the Show. In the event the Show must be RESCHEDULED to a mutually agreed upon date other that the previously agreed upon rain date, in addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the Show on subsequent occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any reason, Customer must provide PYRO SHOWS with a thirty (30) days' written notice by certified mail, return receipt, to PYRO SHOWS' address as set forth above. Customer agrees that PYRO SHOWS shall incur substantial expense in preparation for the Show and, accordingly, agrees to pay PYRO SHOWS fifty (50%) of the total contract price for the show as liquidated damages for cancellation. If the Customer does not provide PYRO SHOWS with notice as set forth herein, Customer shall pay PYRO SHOWS the entire amount or one hundred percent (100%) of the contract price for the Show as liquidated damages. III. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the Show as determined by NFPA 1123-2014 (hereinafter "Security Area"). Customer agrees to provide adequate security protection to preclude persons unauthorized by PYRO SHOWS from entering the Security Area. For the purposes of the Agreement, "Unauthorized Persons" shall mean anyone other than the employees of PYRO SHOWS or persons specifically designated in writing by the sponsor or the Authority Having Jurisdiction (AHJ), and submitted and approved, to PYRO SHOWS prior to the event. Any expenses for security or stand-by fire protection shall be the responsibility of the Customer. IV. SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include policing of the fallout zone for any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment used in the setup for the show. Customer shall be responsible for cleanup of debris located in and around fallout zone. V. INDEMNIFICATION AND HOLD HARMLESS: Customer agrees to hold PYRO SHOWS harmless from any damages caused to Customer which result as a consequence of unauthorized persons entering the Security Area. Furthermore, Customer agrees to defend and indemnify PYRO SHOWS from any and all claims brought against PYRO SHOWS for damages caused wholly or in part by Unauthorized Person who have entered the Security Area. Notwithstanding any other provision of this agreement, PYRO SHOWS and its successors and assigns hereby covenant and agree to release, defend, hold harmless, and indemnify Customer and its officers, officials, agents, representatives, servants and employees (collectively, the “Released Parties”) from and against all third-party claims, suits, judgments, damages, and demands (together, “claims”) against Customer or any of the Released Parties, whether real or asserted including without limitation reasonable attorney’s fees, related expenses, expert witness fees, consultant fees, and other costs, arising out of the negligence or other wrongful conduct of PYRO, including the negligence of its employees, contractors, subcontractors, material men, and/or agents, arising from, related to, or in any manner in connection with the Show. VI. AMENDMENT & ASSIGNMENT: This agreement is deemed personal and confidential to Customer, his heirs, executors and administrators only, and may not be sold, assigned, amended, or transferred unless mutually agreed in writing by the parties. Notwithstanding the foregoing or any other provision of this Agreement, it shall not be a breach of this Agreement for Customer to publicly disclose this Agreement under court order or if required by applicable law including the Texas Public Information Act. VII. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement, Customer shall apply for Page 2 of 3 the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law, ordinance, code or regulation. Customer agrees to indemnify and hold harmless PYRO SHOWS from against all claims, suits, and causes of action, demands, penalties, losses or damages which may arise or accrue because of the failure or neglect of customer to obtain such approval. This Agreement is made expressly subject to and Customer expressly agrees to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws. VIII. PERMITS AND LICENSES: PYRO SHOWS shall process the necessary permits and licenses to enable PYRO SHOWS to perform fully hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise. It is hereby stipulated that this Agreement is to be construed and governed by the laws of the State of Texas, and any suit involving this contract shall be brought in the Courts of Collin County in the State of Texas, and the Customer hereby submits itself to the jurisdiction of said Courts. For Shows that include licensed music accompaniment, Customer agrees to verify with their organization, venue, sponsor, and/or municipality, the permission to simulcast music and agrees to pay any and all fees associated with the broadcast of said music in the public environment of the Show. IX. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one- and one-half percent (1 1\2%) per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in Paragraph XIV herein. The stated late payment fee shall begin to run from the applicable date(s) established in Section XIV, unless this provision is prohibited by law. X. ADVERTISEMENT AND PROMOTIONS: Customer agrees that when promoting fireworks performed by PYRO SHOWS OF TEXAS, Customer will name PYRO SHOWS OF TEXAS as the fireworks provider in such promotional advertising media. Customer agrees to allow PYRO SHOWS OF TEXAS to use Customer’s name as Customer. XI. COMPLAINTS: In the event that Customer has a complaint concerning the Show, or any material or product used in or pursuant to the Show, or of the conduct of the Show by PYRO SHOWS, or any act or omission of PYRO SHOWS or its agents, either directly or indirectly, without limitation, Customer shall make complaint known to PYRO SHOWS in writing by certified mail to PYRO SHOWS' address as set forth above, within ten (10) days after the date of the Show. In the event that Customer fails to register any complaint in the time and in the manner specified, Customer agrees that it shall not claim such complaint as cause for an offset or withhold any payment due to PYRO SHOWS hereunder on account of or because of such complaint or any matter arising from, relating to or a consequence of the complaint. Furthermore, Customer agrees that should PYRO SHOWS have to collect any amount due PYRO SHOWS hereunder which Customer claims as an offset or which is withheld by Customer on account of, or because of, a complaint not registered with PYRO SHOWS in the time and in the manner specified herein, by law or through an Attorney-at-Law, PYRO SHOWS shall be entitled to collect attorneys' fees in the amount of 15% of the amount owing PYRO SHOWS or the maximum amount allowed by law, whichever is greater, along with all cost of collection. XII. INSURANCE: Pyro Shows will provide General Liability Insurance and Automobile Liability in the amount of $10,000,000.00, combined single limit, covering its activities and services in connection with the show described in this contract. Pyro Shows also agrees to include Customer as additional Insured under the terms of this coverage. Pyro Shows, Inc. will provide a Certificate of Insurance. All entities listed on the certificate as additional insured will be deemed an additional Insured per this contract. Such insurance shall also cover any and all claims which might arise out of this Agreement, whether by Producer, Performer a contractor, subcontractor, material man, or otherwise. Coverage must be on a “per occurrence” basis. All such insurance shall: (i) be issued by a carrier which is rated “A 1” 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 of Anna, Texas” as an additional insured and contain a waiver of subrogation endorsement in favor of the City. XIII. PAYMENT TERMS: City of Anna shall pay PYRO SHOWS $29,000 and $8,000 respectfully and is a political subdivision that is exempt from sales tax and conditions set forth for presenting the Show. Customer shall submit a 50% deposit ($14,500 and $4,000 respectfully) upon return of signed contract by April 22, 2022. Balance will be due in the PYRO SHOWS office prior to day of the Shows. XIV. TAXES: The City of Anna is a political subdivision that is exempt from the payment of sales tax. XV. INDEPENDENT CONTRACTOR. PYRO SHOWS is executing this agreement as an independent contractors not as an employee of the Customer and all services by PYRO SHOWS under this Agreement shall be provided as an independent contractor. Customer shall not be responsible for payment of payroll taxes and charges under federal and local law. At no time shall Customer have any control over or charge of PYRO SHOWS’ services under this agreement or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for preparation for and conduct of the Show. This Agreement does not create a joint enterprise or venture between the Customer and PYRO SHOWS OF TEXAS. This section will survive the termination of this Agreement. XVI. NOTICES. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any party shall be deemed to have been received when delivered personally or upon deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to the other party at the address first stated above. Any party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. Page 3 of 3 XVII. NO THIRD-PARTY BENEFICIARIES. Except as otherwise provided herein, this Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. Nothing in this Agreement shall be deemed to be a waiver of any party’s immunity from suit or liability. XVIII. NON-WAIVER. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. XIX. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. IMPORTANT: Checks must be made payable to PYRO SHOWS, INC. All the terms and conditions set forth on any addendum attached to this Agreement are made part of this Agreement and incorporated by reference herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. PYRO SHOWS OF TEXAS, INC. BY:_________________________________ DATE:_____________________ Michael E. Walden, its President CUSTOMER BY:____________________________ _________________________ ____________________ DATE:______________ Signature Printed Name Title WARRANTY EXCLUSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representation of affirmation of fact including but not limited to statement regarding capacity, suitability for use, or performance of equipment or products shall be, or be deemed to be, a warranty by PYRO SHOWS for any purpose, nor give rise to any liability or obligation of PYRO SHOWS whatsoever. IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED BREACH OF OBLIGATIONS HEREUNDER. CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A CONTRACT WITH PYRO SHOWS OF TEXAS FOR A CONTRACT (WITH TWO, ONE YEAR OPTIONS FOR RENEWAL) FOR THE 2022-2024 INDEPENDENCE DAY CELEBRATIONS (BOOTS AND BOOMS) AND CHRISTMAS TREE LIGHTHING FIREWORK SHOWS. WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the contract with Pyroshows of Texas forup to six firework shows is instrumental and necessary to the Independence Day (Boots and Booms) and Christmas tree lighting events; and WHEREAS, the City Council considers that Pyro Shows of Texas will provide the best value to the City; and WHEREAS, the City Council considers the firework shows to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed contract with Pyro Shows of Texas, to include the following fee: “Assuming all renewal options are exercised, the total price is $111,000 for fiscal years 2022-2024. The total amount for fiscal year 2022 of $37,000 and $37,000 each in 2023 and 2024 should the two one-year renewal options be exercised.” 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the attached contract with Pyro Shows of Texas and 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 and enforce the contract with Pyro Shows of Texas. PASSES AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April 2022. APPROVED: ATTEST: _____________________________ ______________________________ Mayor Nate Pike City Secretary Carrie Land Item No. 7.a. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Consider/Discuss/Action on an Ordinance establishing a Stormwater Utility Fee for the City of Anna. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna has been working with a consulting engineer to develop the necessary analysis and studies to recommend the creation of a stormwater fee in the City of Anna, Texas, to fund the costs of stormwater management activities in the City. The proposed fees would only be used on stormwater maintenance and improvements in the City, including the maintenance of drainage systems, replacement of undersized and inadequate storm systems, and the improvement of flood prone areas. Currently, the City of Anna only has a budget of $20,000/year for stormwater projects. This does not fund any staff or equipment, and only allows for 1 or 2 very small maintenance projects to be done each year. Most cities in DFW fund their stormwater programs through a monthly fee which is included in the water bill. Staff is proposing a rate of $3.20/month for single family and $10.94/acre/month for non-residential properties. Staff is also proposing for the rate to not go into effect until the October billing cycle. The proposed fee would be added to the monthly utility bills. Undeveloped properties, State and Federal lands, and properties in the ETJ are exempt from the fee. Funding the stormwater utility will allow the City to complete many needed maintenance and improvement projects throughout the City. As more non-residential development comes into the City, these larger developments would fund their fair share through the higher rate, as they generate more stormwater runoff than residential properties. FINANCIAL IMPACT: If adopted, the ordinance would establish a flat rate stormwater fee of $3.20 per month for residential properties, and $10.94 per acre per month for non-single family residential properties. These stormwater rates are projected to generate as much as $575,000 per fiscal year. Undeveloped properties will not be charged, in accordance with State Law. 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 of the ordinance to establish a Stormwater Utility Fee for the City of Anna, Texas. Furthermore, staff recommends the fee to be implemented in the October water bills, to allow appropriate time for the City to continue to answer questions neighbors may have regarding the program. ATTACHMENTS: 1.Ord Levy Drainage Charge C03029D20211025CR1 2.Exhibit A - Final Storm Water Utiltiy Rate Report (Signed) v10.20.2021 APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/8/2022 Terri Doby, Budget Manager Approved - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 1 of 2 CITY OF ANNA, TEXAS ORDINANCE NO._______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, LEVYING SURFACE WATER DRAINAGE UTILITY SYSTEM CHARGE AND AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW SECTION A6.015 TO ARTICLE A6.000 (UTILITY FEES), SAID NEW SECTION ESTABLISHING THE CITY OF ANNA’S DRAINAGE UTILITY SYSTEM CHARGES; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the “City Council”) finds th.at to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council has established a Drainage Utility System under Local Government Code, Section 552.045 and has made the following findings (a)it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; (b)it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; (c)it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and (d)notice as required by Subchapter C has been provided and a public hearing has been held; and WHEREAS, the City Council finds that the schedule of charges adopted hereunder is nondiscriminatory, reasonable, and equitable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances, Appendix A (Fee Schedule) is amended to add Sec. A6.015 of Article A6.000, to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 2 of 2 “Sec. A6.015 Surface water drainage utility system schedule of charges The surface water drainage utility system charge is a monthly charge to a user calculated as $3.20 per equivalent residential unit and $10.94/acre for non-single-family residential properties. The terms used in this section shall have the meanings set forth in Sec. 12.09.001 of this Code.” SECTION 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ___ day of ___________, 2022. ATTESTED: _________________________ Carrie L. Land, City Secretary APPROVED: _________________________ Nate Pike, Mayor October 2021 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS FIRM NO. 526 Prepared By Prepared For MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS j:\clerical\anna\2020 drainage utility analysis\02_index.doc CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY (STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Page No. A. Introduction ............................................................................................................................. 1 B. Service Area ............................................................................................................................ 1 C. Calculation Method ................................................................................................................ 2 D. Rate Categories (Land Uses) .................................................................................................. 2 · Figure 1 – Rate Categories Map .................................................................................... 4 E. Land Uses & Charge Distribution ........................................................................................... 5 · Table 1 – Rate Categories Summary & Budget Allocation F. Stormwater System Capital Improvement Plan ...................................................................... 6 · Table 2 – Summary of 10-year CIP Expenditures ........................................................ 7 · Figure 2 – Stormwater System CIP Map ...................................................................... 8 G. Capital improvements Plan Annualized Debt Service .............................................................. 9 · Table 3 – Annualized Capital Improvement Project Debt Service H. Operation & Maintenance Annualized Expenditures ........................................................... 10 · Table 4 – Operation & Maintenance Budget .............................................................. 11 I. Storm Water Utility Rate Options ........................................................................................ 12 1) 10-year Level Approach · Table 5 – Stormwater Utility Rate (O&M Budget Only) ............................................. 12 · Table 6 – Stormwater Utility Rate (CIP Only) ............................................................. 12 · Table 7 – Stormwater Utility Rate (Combined O&M and CIP) .................................. 12 2) 10-year Annual Analysis (Supplemental Approach) ..................................................... 13 · Table 1A – Calc. of Runoff Contribution by Property Category (Annual Estimate ... 14 · Table 5A – Stormwater Utility Rate (O&M Budget Only) ......................................... 14 · Table 6A – Stormwater Utility Rate (CIP Only) ........................................................ 15 · Table 7A– Stormwater Utility Rate (Combined O&M and CIP) ............................... 15 J. Non-Residential Stormwater Detention System Fee Credit ................................................. 16 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 - CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A “Drainage Charge” is a fee that is imposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public- use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 2 - C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per- acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient ‘C’ of the Rational Method Equation (Q = CiA) is the factor related to an area’s impervious coverage (likewise, related to the area’s ability to retain rainfall). Coefficient ‘C’ is multiplied by the watershed area ‘A’ and by the rainfall intensity ‘i’ to calculate a runoff flow rate ‘Q’. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, ‘i’, was not used. The eligible and benefitted properties in the service area were distinguished into impervious- coverage categories. Runoff coefficients, ‘C’-values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City’s parcel areas was conducted to determine each category’s flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USES) Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non-Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi-Public & Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 3 - · Residential Properties– Properties used for residential dwelling. · Non-Residential Properties – Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) · Public Properties (Exempt Land) – Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. NON-RESIDENTIAL PUBLIC LEGEND RESIDENTIAL NON-RESIDENTIAL PUBLIC LAND USE WITHIN CITY LIMITS RESIDENTIAL 1,633 AC. 662 AC. 5,482 AC. CITY LIMITS FLOODPLAIN - DEVELOPED - UNDEVELOPED 3,424 AC. 1,453 AC. - DEVELOPED - UNDEVELOPED 260 AC. 1,373 AC. PROFESSIONAL ENGINEERS BIRKHOFF, HENDRICKS & CARTER, L.L.P. TBPE Firm No. 526; TBPLS Firm No. 10031800 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 October 2020 STORMWATER UTILITY RATE ANALYSIS LAND USE RATE CATEGORIES FIGURE 1 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 5 - E. LAND USES & CHARGE DISTRIBUTION The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the properties is by a ratio of the runoff rate calculated for the parcel in question to the total runoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size and in impervious coverage, and therefore the calculation for runoff uses the average property size for those categories. Non-Residential properties, however, vary more widely by land area, and the rates calculated for those properties are based on the land area of the individual properties themselves. Table 1 summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non-Residential lots within the service area. The table includes the 10- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, ‘C’-values, with the parcel counts and areas. In Table 1, The ‘Proportional Share Based on C*A’ column provides the percentages of the budget that are to be obtained from parcels of each respective category. Table 1 - Calculation of Runoff Contribution by Property Category Runoff (d) Coefficient 'C' Weighted Value 'C*A' Porportional Share Based on C*A Developed Parcels Developed Acres(a)Developed Parcels(b)Developed Acres(b)Developed Parcels Developed Acres Residential: 6,250 3,424 10,667 5,844 8,459 4,634 0.50 2,317 88.0% Non-Residential: N/A 260 N/A 445 N/A 353 0.90 317 12.0% Public: N/A 662 N/A 661 N/A 662 0 0 0% Total: 6,250 3,684 10,667 6,289 8,459 4,987 2,634 100% (a) Developed lots ONLY (b) Source: 2018 City of Anna & Wastewater Impact Fee update landuse assumptions (c) Direct Annual Average Growth per 2014 Land use assumptions: Source 2014 City of Anna & Wastewater Impact fee,Appendix A (d) Runoff Coefficient 'C' represents impervious coverage of development on a property. Source of 'C'-values : City of Plano Storm Drainage Design Manual 2021 2031 Rate Category 10-Year Level Average Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 6 - F. STORMWATER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: · Bridge Projects – Nine (9) projects are proposed to construct a bridge over a creek. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constructed. · Culvert Projects – Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 7 - Table 2 - Summary of 10-Year Capital Improvement Plan ExpendituresProject I.D.Stormwater Drainage SystemProposed ImprovementPipe Diameter Length (ft.)Estimated Construction CostContingencies & Misc.Professional Services Material Testing Inspection FeeTotalCapital CostEFT-1Storm Water Master Plan, East Fork Trinity, Crossing EFT-1Bridge 245 3,008,235 601,647 451,235 75,206 75,206 4,212,000TC-1Storm Water Master Plan, Throckmorton Creek, Crossing TC-14 - 9'x8' 480 858,740 171,748 128,811 21,469 21,469 1,203,000TC-2Storm Water Master Plan, Throckmorton Creek, Crossing TC-284" 480 580,830 116,166 87,125 14,521 14,521 814,000TC-3Storm Water Master Plan, Throckmorton Creek, Crossing TC-34 - 9'x8' 480 857,245 171,449 128,587 21,431 21,431 1,201,000TC-4Storm Water Master Plan, Throckmorton Creek, Crossing TC-4Bridge 95 3,007,785 601,557 451,168 75,195 75,195 4,211,000TC-5Storm Water Master Plan, Throckmorton Creek, Crossing TC-5Bridge 85 3,007,755 601,551 451,163 75,194 75,194 4,211,000TC-6Storm Water Master Plan, Throckmorton Creek, Crossing TC-6Bridge 115 3,007,673 601,535 451,151 75,192 75,192 4,211,000SC-1Storm Water Master Plan, Slayter Creek, Crossing SC-14 - 10'x8' 320 681,940 136,388 102,291 17,049 17,049 955,000SC-2Storm Water Master Plan, Slayter Creek, Crossing SC-2Bridge 75 3,007,725 601,545 451,159 75,193 75,193 4,211,000SC-3Storm Water Master Plan, Slayter Creek, Crossing SC-3Bridge 250 3,008,250 601,650 451,238 75,206 75,206 4,212,000SC-4Storm Water Master Plan, Slayter Creek, Crossing SC-4Bridge 55 3,007,665 601,533 451,150 75,192 75,192 4,211,000WSGC-3Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-3TXDOT 0 0 0 0 0 0 0WSGC-4Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-44 - 9'x9' 320 607,200 121,440 91,080 15,180 15,180 851,000SGC-4Storm Water Master Plan, Sister Grove Creek, Crossing SGC-4Bridge 65 3,007,695 601,539 451,154 75,192 75,192 4,211,000SGC-15Storm Water Master Plan, Sister Grove Creek, Crossing SGC-15Bridge 55 3,007,583 601,517 451,137 75,190 75,190 4,211,000SGC-16Storm Water Master Plan, Sister Grove Creek, Crossing SGC-16TXDOT 0 0 0 0 0 0 0$30,656,320$6,131,264$4,598,448$766,408$766,408$42,925,000Total: CLEMONSCR E E K WEST SISTER GROVE CREEK HARRINGTON BRANCH PILOT GROVE CREEK SLA Y T E R CRE E KHURRICANECREEK SIS T E R GR O V E CREEKEAST FORK TRINITY SISTERGR O V E CR E E K THROCKMORTONCREEKCOLLIN COUNTY OUTER LOOP C.R. 371 DARTS.H. 5F.M. 455 U.S. HWY 75F.M. 2862 F.M. 455 F.M. 455 U.S. HWY 75S.H. 121 S.H. 121S.H. 5CITY OF MELISSA F.M. 455F.M. 455C.R. 289C.R. 290 F.M. 2862 F.M. 2862FUTURE COLLIN COUNTY OUTER LOOP S.H. 121 S.H. 1 2 1 S.H. 5S.H. 5U.S. HWY 75U.S. HWY 75C.R. 286HOUSTON ST. S.H. 121 FUTURE COLLIN COUNTY OUTER LOOP C.R. 421 SCS SITE 45 SCS SITE 44 SCS SITE 43 SCS SITE 47 SCS SITE 9 SCS SITE 8 SCS SITE 7 SCS SITE 16 SCS SITE 14 SCS SITE 15 SCS SITE 13 SCS SITE 46 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TBPE Firm No. 526; TBPLS Firm No. 10031800 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 SHEET NO. 1August 2018 BHC PROJECT NO. 2018123 CITY OF ANNA STORM WATER MASTER PLAN EXHIBIT A Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost EFT-1 2,652.2 6-lane divided 245' Bridge $4,212,000 EFT-2 4,957.5 6-lane divided 80' Bridge $4,211,000 HC-1 4,090.3 6-lane divided 75' Bridge $4,211,000 HC-2 5,412.6 6-lane divided 80' Bridge $4,211,000 HC-3 6,170.2 6-lane divided 90' Bridge $4,211,000 TC-1 1,578.6 6-lane divided 4- 9x8 RC Box Culverts ASTM C-1677 $1,203,000 TC-2 804.5 6-lane divided 4-84" Circular Culverts ASTM C-76 $814,000 TC-3 1,706.0 6-lane divided 4- 9x8 RC Box Culverts ASTM C-1677 $1,201,000 TC-4 5,720.7 4-lane divided 95' Bridge $4,211,000 TC-5 6,743.0 6-lane divided 85' Bridge $4,211,000 TC-6 7,926.4 4-lane divided 115' Bridge $4,211,000 SC-1 1,884.9 4-lane divided 4- 10x8 RC Box Culverts ASTM C-1677 $955,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SC-2 2,528.8 6-lane divided 75' Bridge $4,211,000 SC-3 2,594.3 6-lane divided 250' Bridge $4,212,000 SC-4 4,271.3 4-lane divided 55' Bridge $4,211,000 WSGC-1 2,648.7 4-lane divided 130' Bridge $4,211,000 WSGC-2 1,757.2 6-lane divided 4- 9x9 RC Box Culvert ASTM C-1677 $1,270,000 WSGC-3 1,642.4 6-lane divided TXDOT WSGC-4 1,807.0 4-lane divided 4- 9X9 RC Box Culvert ASTM C-1677 $851,000 WSGC-5 4,014.2 4-lane divided 70' Bridge $4,211,000 SGC-1 1,999.4 6-lane divided 5- 9x8 RC Box Culverts ASTM C-1677 $1,497,000 SGC-2 5,350.4 4-lane divided 50' Bridge $4,211,000 SGC-3 6,566.5 4-lane divided 135' Bridge $4,212,000 SGC-4 7,049.2 6-lane divided 65' Bridge $4,211,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SGC-5 2,970.2 6-lane divided 65' Bridge $4,211,000 SGC-6 8,058.7 6-lane divided 180' Bridge $4,212,000 SGC-7 210.6 6-lane divided 3- 48" Circular Culverts ASTM C-76 $209,000 SGC-8 147.6 6-lane divided 3- 42" Circular Culverts ASTM C-76 $173,000 SGC-9 491.9 6-lane divided 4- 5x5 RC Box Culverts ASTM C-1677 $508,000 SGC-10 584.3 6-lane divided 5- 5x5 RC Box Culverts ASTM C-1677 $631,000 SGC-11 1,870.1 6-lane divided 4- 10x8 RC Box Culverts ASTM C-1677 $1,428,000 SGC-12 581.9 4-lane divided 4- 5x5 RC Box Culverts ASTM C-1677 $342,000 SGC-13 8,460.8 4-lane divided 165' Bridge $4,211,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SGC-14 2,576.5 4-lane divided 85' Bridge $4,211,000 SGC-15 2,899.8 4-lane divided 55' Bridge $4,211,000 SGC-16 15,308.4 6-lane divided TXDOT SGC-17 1,471.3 4-lane divided 4- 9x7 RC Box Culverts ASTM C-1677 $767,000 SGC-18 16,144.9 4-lane divided 105' Bridge $4,211,000 PGC-1 2,014.0 6-lane divided 250' Bridge $4,212,000 PGC-2 2,536.3 4-lane divided 70' Bridge $4,211,000 NO SCALE Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 9 - G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the 10-year term of this evaluation. Year Issue 1(1)Issue 2(1)Issue 3(1) Amount $5,000,000 $5,000,000 $5,000,000 2022 $373,427 -$ -$ 2023 $373,427 -$ -$ 2024 $373,427 -$ -$ 2025 $373,427 -$ -$ 2026 $373,427 $373,427 -$ 2027 $373,427 $373,427 -$ 2028 $373,427 $373,427 -$ 2029 $373,427 $373,427 -$ 2030 $373,427 $373,427 $373,427 2031 $373,427 $373,427 $373,427 Average: (1) Note: Financing Terms Issuance Cost: 1.5% Term (Years) 20 Rate: 4% Total Annual Debt Service $373,427.38 $373,427.38 $373,427.38 $373,427.38 $672,169.29 $746,854.77 $746,854.77 $746,854.77 $746,854.77 $1,120,282.15 Table 3 Annulized Captial Improvement Project Debt Service Monthly Debt Service $31,118.95 $31,118.95 $31,118.95 $31,118.95 $62,237.90 $62,237.90 $62,237.90 $62,237.90 $93,356.85 $93,356.85 $56,014.11 $1,120,282.15 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 10 - H. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Anna Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City’s Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory-compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the future, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system (MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent stormwater maintenance. Therefore, a new ‘Enhanced Storm Water Maintenance’ program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the O&M 10-year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 11 - TABLE 4 - Operation & Maintenance Budget Year Inflation (CPI) Rate (%) Annual (A) O&M Budget Projection Enhanced Strom Water Maintennace Program MS4 Permit Expenses Capital (c) (Equipment) Expenditure Total Annual Ammount ($) (d) 2021 1.7% $103,105 $170,000 $0 $273,105 2022 (b) 1.7% $284,857 $172,890 $0 $66,000 $457,747 2023 1.7% $289,700 $175,829 $0 $465,529 2024 1.7% $294,625 $178,818 $0 $473,443 2025 1.7% $299,633 $181,858 $75,000 $556,492 2026 1.7% $304,727 $184,950 $76,275 $565,952 2027 1.7% $309,908 $188,094 $77,572 $575,573 2028 1.7% $315,176 $191,291 $78,890 $585,358 2029 1.7% $320,534 $194,543 $80,232 $595,309 2030 1.7% $325,983 $197,851 $81,595 $605,429 2031 1.7% $331,525 $201,214 $82,983 $615,722 Average: 1.7%$289,070 $185,213 $50,232 $524,514 (c) 3/4 Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,000] (A) Total Annulized Sum of 2021 = $1,031,046 * 10% (b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,000] (d) Total Annual Ammount divided by 12 results in Total Montly Budget Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 12 - I. STORM WATER UTILITY RATE OPTIONS A. 10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non-Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5) Option 2: Capital Improvement Project monthly budget (Table 6) Option 3: Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 - Stormwater Utility Rate Calculation ( O&M Budget Only) Rate Category Porportional Share Based on C*A Total O&M Monthly Budget ($) (Table 5) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $38,437 8,459 4,634 $4.54 N/A Non-Residential 12.0% $5,263 0 353 N/A $14.93 Public 0.0% $0 0 0 N/A N/A Total: 100% $43,700 8,459 4,987 TABLE 6 - Stormwater Utility Rate Calculation (CIP Only) Rate Category Porportional Share Based on C*A Total Monthly Debt Service ($) (Table 4) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $49,268 8,459 4,634 $5.82 N/A Non-Residential 12.0% $6,746 0 353 N/A $19.14 Public 0.0% $0 0 0 N/A N/A Total: 100% $56,014 8,459 4,987 TABLE 7 - Stormwater Utility Rate Calculation (Combined CIP + O&M) Rate Category Porportional Share Based on C*A Total Monthly Requirement ($) (Table 4+5) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $87,705 8,459 4,634 $10.37 N/A Non-Residential 12.0% $12,009 0 353 N/A $34.07 Public 0.0% $0 0 0 N/A N/A Total: 100% $99,714 8,459 4,987 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 13 - The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee Rates that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: $10.37 per month Non-Residential: $34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a “supplemental” annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non-Residential lots is calculated on a year-by-year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table 1A below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional “CA” used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 14 - TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Lots Acres (A) Run-off "C" Weighted CA Proportinal CA Acres Run-off "C" Weighted CA Proportional CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 6,500 3,561 0.5 1,780.5 87.99% 270 0.9 243.0 12.01% 2,023.5 2023 6,800 3,725 0.5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88.06% 297 0.9 267.3 11.94% 2,239.3 2025 7,700 4,218 0.5 2,109.0 88.08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88.11% 347 0.9 312.3 11.89% 2,626.8 2027 9,217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 2,871.0 2028 9,877 5,411 0.5 2,705.5 88.13% 405 0.9 364.5 11.87% 3,070.0 2029 10,427 5,712 0.5 2,856.0 88.19% 425 0.9 382.5 11.81% 3,238.5 2030 10,667 5,844 0.5 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,667 5,844 0.5 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 Non Residential acresResidential Units Total CAYear The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5A) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables 5A-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation ( O&M Budget Only) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $273,105 $3.20 $10.52 2022 $457,747 $5.16 $16.97 2023 $465,529 $5.02 $16.49 2024 $473,443 $4.83 $15.86 2025 $556,492 $5.30 $17.44 2026 $565,952 $4.92 $16.16 2027 $575,573 $4.58 $15.04 2028 $585,358 $4.35 $14.30 2029 $595,309 $4.20 $13.79 2030 $605,429 $4.16 $13.66 2031 $615,722 $4.23 $13.89 Average:$524,514 $4.67 $15.36 Year Total Annual O&M Budget Amount ($) Monthly Rates Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 15 - TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $373,427 $4.38 $14.39 2022 $373,427 $4.21 $13.84 2023 $373,427 $4.03 $13.23 2024 $373,427 $3.81 $12.51 2025 $746,855 $7.12 $23.40 2026 $746,855 $6.49 $21.33 2027 $746,855 $5.94 $19.51 2028 $746,855 $5.55 $18.24 2029 $1,120,282 $7.90 $25.94 2030 $1,120,282 $7.70 $25.28 2031 $672,169 $4.62 $15.17 Average:$672,169.29 $5.61 $18.44 Year Annual CIP Debt Service Monthy Rates TABLE 7A - Stormwater Utility Rate Calculation (Combined CIP + O&M) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $273,105 $373,427 $646,532 $7.58 $24.91 2022 $457,747 $373,427 $831,175 $9.38 $30.81 2023 $465,529 $373,427 $838,956 $9.05 $29.73 2024 $473,443 $373,427 $846,870 $8.63 $28.37 2025 $556,492 $746,855 $1,303,346 $12.42 $40.84 2026 $565,952 $746,855 $1,312,807 $11.41 $37.49 2027 $575,573 $746,855 $1,322,428 $10.51 $34.55 2028 $585,358 $746,855 $1,332,213 $9.91 $32.54 2029 $595,309 $1,120,282 $1,715,591 $12.09 $39.73 2030 $605,429 $1,120,282 $1,725,711 $11.86 $38.94 2031 $615,722 $672,169 $1,287,891 $8.85 $29.06 Average:$524,514.41 $672,169.29 $1,196,683.70 $10.15 $33.36 Year Total Annual O&M Budget Amount ($) Annual CIP Debt Service Total Annual Budget (O&M + CIP) Monthy Rates Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 16 - J. Non-Residential Stormwater Detention System Fee Credit Several non-residential properties in the City of Anna currently utilize stormwater detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on-site stormwater detention system benefits the City’s existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee-Reduction Credit. We recommend requirement of application for the fee-reduction credits that is to be administered, approved and maintained by the City. We recommend the fee-reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a ‘C’-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff ‘C’- factor of 0.9, and therefore the maximum fee-reduction for a well-performing on-site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City-approval and adherence by the property owner would be required. The City shall retain the powers to revoke the fee-credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee-credits shall be revocable and subject to back-charges, based on the City’s determination of the failure period and severity. MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS Firm No. 526 October 2021 CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 1 of 7 CITY OF ANNA, TEXAS ORDINANCE NO._______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW ARTICLE 12.09 TO CHAPTER 12 (UTILITIES), SAID NEW ARTICLE ESTABLISHING THE CITY OF ANNA’S DRAINAGE UTILITY SYSTEM AND ITS SERVICE AREA ; DEDICATING CITY ASSETS TO THE D R A I N A G E UTILITY SYSTEM, AND ADOPTING RELATED REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the “City Council”) finds th.at to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council desires to establish a municipal drainage utility system and this ordinance is adopted for that purpose pursuant to the Texas Local Government Code, Subchapter C, Sections 552.041, et seq., as amended; and WHEREAS, the City Council finds that pursuant to the Local Government Code, Section 552.045: (a)it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; (b)it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; (c)it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and (d)notice as required by Subchapter C has been provided and a public hearing has been held; and WHEREAS, the City Council finds that certain persons and entities shall be exempt from the rules, regulations, and charges imposed by the new 12.09 (Drainage), of The Anna City Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances Chapter 12 (Utilities) is amended to add Article 12.09 (Drainage), to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 2 of 7 ARTICLE 12.09. DRAINAGE Sec. 12.09.001 Definitions. Benefitted property. An improved lot or tract to which drainage service is made available under this article. City. The City of Anna, Texas. City council. The city’s governing body. Cost of service. As applied to the drainage utility system service to any benefitted property: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights-of- way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue-pledge securities or obligations issued by the city; and (g) the administrative costs of a drainage utility system. Drainage. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Drainage utility. The drainage utility established under this article in accordance with Subchapter C. Drainage utility system. The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including provisions for additions to the system. CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 3 of 7 Equivalent Residential Unit (ERU). An area of impervious coverage on an improved lot or tract that is generally equal to the average impervious area on a single family property in the City limits, calculated as 3,600 square feet. User. The person or entity who owns or occupies a benefitted property. Impervious Cover. Impervious area for the purpose of the SDUS charge, defined below, means any surface or subsurface of benefitted property including, but not be limited to, roads, parking areas, buildings, roofs, pools, patios, sheds, driveways, private sidewalks, compacted subgrades, compacted gravel used for vehicular traffic and/or parking, and other impermeable construction that does not readily absorb water and has the effect of increasing water runoff flow rate or runoff volume that drains to the drainage utility system. Improved lot or tract. A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Surface water drainage utility system (SDUS) charge means the total monthly drainage charge for a benefitted property as calculated under this article and the schedule of charges adopted by the city council, as may be modified from time to time. Wholly sufficient and privately owned drainage system. Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of the drainage utility system. Sec. 12.09.002 Establishment of drainage utility. The provisions of Subchapter C, Chapter 552, Texas Local Government Code (“Subchapter C”), are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the city is hereby declared to be a public utility. The city incorporates into the drainage utility system all existing property, facilities, materials, and supplies constituting the city's drainage utility system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city's drainage utility system shall be maintained as a part of the drainage utility. Sec. 12.09.003 Service area. The service area for the drainage utility shall include all real property within the city limits of the City of Anna as now existing and which may be annexed hereafter from time to time. Sec. 12.09.004 Calculation of drainage charges. (a)The city council finds that: (1)impervious cover increases water runoff and associated pollutants: and CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 4 of 7 (2)rates charged shall be based on a benefitted property’s impact on the drainage utility system; and (3)it is fair and equitable to calculate the impact and assess the drainage charge to each benefitted property based on impervious cover, subject to the limitation set forth below for single family residential properties. (b)The city council hereby imposes a drainage charge to be paid by users of benefitted property to cover the cost of service of the drainage utility system. Said drainage charge shall be set forth in a schedule of charges to be adopted by the city council and calculated as follows: (1)Single family residential properties shall be measured as one ERU per month regardless of actual amount of impervious cover on such properties; (2)except with respect to the limitation for single family residential properties set forth in subsection (1), above, all non-exempt benefitted properties shall be measured for ERU in one/tenth increments with no maximum and for such non-exempt properties there shall be a minimum of one ERU regardless of actual amount of impervious cover on such properties; and (3)Each benefitted property shall be assessed a monthly SDUS fee to be established by the city council in a schedule of charges. The schedule of charges shall be included in Appendix A Schedule of Fees. (c) The city council may adjust the values, rates, and fees at any time based upon the recommendation of the city manager that the cost of service for the drainage utility warrants an adjustment in rates. (d) The rates to be imposed shall be collected through the city’s bill for public utilities in accordance and be set forth therein as a separate charge. Sec. 12.09.006 Segregation of income. The income of the drainage utility system shall be segregated and completely identifiable in city accounts. If drainage charges are solely for the cost of service, the city may transfer the charges in whole or in part to the city’s general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage utility system. If the city council has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund. Sec. 12.09.007 Exemptions; fee credits. (a)The following shall be exempt from the provisions of this article: CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 5 of 7 (1)property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2)property held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; (3)a subdivided lot until a s t r u c t u r e has been built on the lot and a certificate of occupancy has been issued by th e city; (4)property owned by the United States, the State of Texas, or Collin County; (5)property owned by Anna Independent School District and private K-12 education providers; (6)property owned by public or private institutions of higher education; and (7)property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code. (b)A property owner may petition the city to reduce the drainage utility fee for an individual property to account for on-site stormwater management controls that reduce the property's impact to the drainage utility system. The petition shall be evaluated and the fee adjustment decision determined by the city engineer or the engineer's designated representative. The evaluation and determination performed by the city engineer shall be based on nondiscriminatory, reasonable and equitable terms in accordance with the applicable law and this section. Sec. 12.09.008 No effect on land owner obligations under city ordinances; no waiver of immunity; other laws and obligations. (a)The establishment of the drainage utility by the city does not relieve users, private land owners, developers, other individuals or entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or laws of the State of Texas that relate to flooding, drainage, drainage management, or drainage improvements. (b)The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This ordinance does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the city's immunity under law or reduce the need or necessity for flood insurance. (c)This article is intended to be read in harmony with all other provisions of this Code. To the extent this article conflicts with any other provision in this code, the provisions shall be harmonized CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 6 of 7 when possible, however, this article shall control and supersede any other conflicting provision regarding the drainage utility system. (d)A wholly sufficient and privately owned drainage system must have volume to capture runoff for storms of magnitude up to and included in the one-percent annual chance (100-year) storm event, 24-hour duration. Captured runoff must be removed from the retention system of a wholly sufficient and privately owned drainage system within 72 hours of the rainfall event without discharging into the drainage utility system. Owner of the wholly sufficient and privately owned drainage system must provide evidence to the city to show the facility meets the above requirements. Failure to comply with this provision shall result in a wholly sufficient and privately owned drainage system being deemed to be a benefitted property and subject to the SDUS charge and other provisions of this article. Sec. 12.09.009 Delinquencies. Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided in Subchapter C or other law, failure of a user within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. City employees of the utility drainage system shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this article; provided, however that this section does not authorize entry, access or searches where a search warrant is required. Section 12.09.010 Appeals. (a)Billing and payment disputes for administrative issues shall be subject to appeals procedures used by the city for other utility billing disputes. (b)Appeals for the following reasons shall be directed to the public works director or his designee for evaluation and determination: (1)exempt property has been assessed a charge under this article; (2)a charge under this article for an individual property is based on an incorrect determination of the property's contribution to the drainage utility system, as established in accordance with the schedule of charges referenced in Sec. 12.09.004(b)(3); (3)a charge under this article for an individual property is assessed on more than one utility account; (4)a charge under this article is assessed to individual property outside the service area; or (5)a benefitted property has boundaries or dimensions that deviate from the city’s determination of the boundaries or dimensions for such benefitted property. CITY OF ANNA, TEXAS ORIDINANCE NO. ____________________ Page 7 of 7 (c)The public works director or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. (d)Any user who disagrees with the decision of the public works director or his designee may appeal to the city manager. The city manager shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. The city manager’s decision is final. If the city manager does not render a decision within thirty (30) days of an appeal, it shall be deemed to have sustained the decision of the public works director. SECTION 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ___ day of ___________, 2022. ATTESTED: _________________________ Carrie L. Land, City Secretary APPROVED: _________________________ Nate Pike, Mayor October 2021 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS FIRM NO. 526 Prepared By Prepared For MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS j:\clerical\anna\2020 drainage utility analysis\02_index.doc CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY (STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Page No. A. Introduction ............................................................................................................................. 1 B. Service Area ............................................................................................................................ 1 C. Calculation Method ................................................................................................................ 2 D. Rate Categories (Land Uses) .................................................................................................. 2 · Figure 1 – Rate Categories Map .................................................................................... 4 E. Land Uses & Charge Distribution ........................................................................................... 5 · Table 1 – Rate Categories Summary & Budget Allocation F. Stormwater System Capital Improvement Plan ...................................................................... 6 · Table 2 – Summary of 10-year CIP Expenditures ........................................................ 7 · Figure 2 – Stormwater System CIP Map ...................................................................... 8 G. Capital improvements Plan Annualized Debt Service .............................................................. 9 · Table 3 – Annualized Capital Improvement Project Debt Service H. Operation & Maintenance Annualized Expenditures ........................................................... 10 · Table 4 – Operation & Maintenance Budget .............................................................. 11 I. Storm Water Utility Rate Options ........................................................................................ 12 1) 10-year Level Approach · Table 5 – Stormwater Utility Rate (O&M Budget Only) ............................................. 12 · Table 6 – Stormwater Utility Rate (CIP Only) ............................................................. 12 · Table 7 – Stormwater Utility Rate (Combined O&M and CIP) .................................. 12 2) 10-year Annual Analysis (Supplemental Approach) ..................................................... 13 · Table 1A – Calc. of Runoff Contribution by Property Category (Annual Estimate ... 14 · Table 5A – Stormwater Utility Rate (O&M Budget Only) ......................................... 14 · Table 6A – Stormwater Utility Rate (CIP Only) ........................................................ 15 · Table 7A– Stormwater Utility Rate (Combined O&M and CIP) ............................... 15 J. Non-Residential Stormwater Detention System Fee Credit ................................................. 16 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 - CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A “Drainage Charge” is a fee that is imposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public- use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 2 - C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per- acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient ‘C’ of the Rational Method Equation (Q = CiA) is the factor related to an area’s impervious coverage (likewise, related to the area’s ability to retain rainfall). Coefficient ‘C’ is multiplied by the watershed area ‘A’ and by the rainfall intensity ‘i’ to calculate a runoff flow rate ‘Q’. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, ‘i’, was not used. The eligible and benefitted properties in the service area were distinguished into impervious- coverage categories. Runoff coefficients, ‘C’-values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City’s parcel areas was conducted to determine each category’s flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USES) Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non-Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi-Public & Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 3 - · Residential Properties– Properties used for residential dwelling. · Non-Residential Properties – Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) · Public Properties (Exempt Land) – Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. NON-RESIDENTIAL PUBLIC LEGEND RESIDENTIAL NON-RESIDENTIAL PUBLIC LAND USE WITHIN CITY LIMITS RESIDENTIAL 1,633 AC. 662 AC. 5,482 AC. CITY LIMITS FLOODPLAIN - DEVELOPED - UNDEVELOPED 3,424 AC. 1,453 AC. - DEVELOPED - UNDEVELOPED 260 AC. 1,373 AC. PROFESSIONAL ENGINEERS BIRKHOFF, HENDRICKS & CARTER, L.L.P. TBPE Firm No. 526; TBPLS Firm No. 10031800 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 October 2020 STORMWATER UTILITY RATE ANALYSIS LAND USE RATE CATEGORIES FIGURE 1 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 5 - E. LAND USES & CHARGE DISTRIBUTION The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the properties is by a ratio of the runoff rate calculated for the parcel in question to the total runoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size and in impervious coverage, and therefore the calculation for runoff uses the average property size for those categories. Non-Residential properties, however, vary more widely by land area, and the rates calculated for those properties are based on the land area of the individual properties themselves. Table 1 summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non-Residential lots within the service area. The table includes the 10- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, ‘C’-values, with the parcel counts and areas. In Table 1, The ‘Proportional Share Based on C*A’ column provides the percentages of the budget that are to be obtained from parcels of each respective category. Table 1 - Calculation of Runoff Contribution by Property Category Runoff (d) Coefficient 'C' Weighted Value 'C*A' Porportional Share Based on C*A Developed Parcels Developed Acres(a)Developed Parcels(b)Developed Acres(b)Developed Parcels Developed Acres Residential: 6,250 3,424 10,667 5,844 8,459 4,634 0.50 2,317 88.0% Non-Residential: N/A 260 N/A 445 N/A 353 0.90 317 12.0% Public: N/A 662 N/A 661 N/A 662 0 0 0% Total: 6,250 3,684 10,667 6,289 8,459 4,987 2,634 100% (a) Developed lots ONLY (b) Source: 2018 City of Anna & Wastewater Impact Fee update landuse assumptions (c) Direct Annual Average Growth per 2014 Land use assumptions: Source 2014 City of Anna & Wastewater Impact fee,Appendix A (d) Runoff Coefficient 'C' represents impervious coverage of development on a property. Source of 'C'-values : City of Plano Storm Drainage Design Manual 2021 2031 Rate Category 10-Year Level Average Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 6 - F. STORMWATER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: · Bridge Projects – Nine (9) projects are proposed to construct a bridge over a creek. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constructed. · Culvert Projects – Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 7 - Table 2 - Summary of 10-Year Capital Improvement Plan ExpendituresProject I.D.Stormwater Drainage SystemProposed ImprovementPipe Diameter Length (ft.)Estimated Construction CostContingencies & Misc.Professional Services Material Testing Inspection FeeTotalCapital CostEFT-1Storm Water Master Plan, East Fork Trinity, Crossing EFT-1Bridge 245 3,008,235 601,647 451,235 75,206 75,206 4,212,000TC-1Storm Water Master Plan, Throckmorton Creek, Crossing TC-14 - 9'x8' 480 858,740 171,748 128,811 21,469 21,469 1,203,000TC-2Storm Water Master Plan, Throckmorton Creek, Crossing TC-284" 480 580,830 116,166 87,125 14,521 14,521 814,000TC-3Storm Water Master Plan, Throckmorton Creek, Crossing TC-34 - 9'x8' 480 857,245 171,449 128,587 21,431 21,431 1,201,000TC-4Storm Water Master Plan, Throckmorton Creek, Crossing TC-4Bridge 95 3,007,785 601,557 451,168 75,195 75,195 4,211,000TC-5Storm Water Master Plan, Throckmorton Creek, Crossing TC-5Bridge 85 3,007,755 601,551 451,163 75,194 75,194 4,211,000TC-6Storm Water Master Plan, Throckmorton Creek, Crossing TC-6Bridge 115 3,007,673 601,535 451,151 75,192 75,192 4,211,000SC-1Storm Water Master Plan, Slayter Creek, Crossing SC-14 - 10'x8' 320 681,940 136,388 102,291 17,049 17,049 955,000SC-2Storm Water Master Plan, Slayter Creek, Crossing SC-2Bridge 75 3,007,725 601,545 451,159 75,193 75,193 4,211,000SC-3Storm Water Master Plan, Slayter Creek, Crossing SC-3Bridge 250 3,008,250 601,650 451,238 75,206 75,206 4,212,000SC-4Storm Water Master Plan, Slayter Creek, Crossing SC-4Bridge 55 3,007,665 601,533 451,150 75,192 75,192 4,211,000WSGC-3Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-3TXDOT 0 0 0 0 0 0 0WSGC-4Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-44 - 9'x9' 320 607,200 121,440 91,080 15,180 15,180 851,000SGC-4Storm Water Master Plan, Sister Grove Creek, Crossing SGC-4Bridge 65 3,007,695 601,539 451,154 75,192 75,192 4,211,000SGC-15Storm Water Master Plan, Sister Grove Creek, Crossing SGC-15Bridge 55 3,007,583 601,517 451,137 75,190 75,190 4,211,000SGC-16Storm Water Master Plan, Sister Grove Creek, Crossing SGC-16TXDOT 0 0 0 0 0 0 0$30,656,320$6,131,264$4,598,448$766,408$766,408$42,925,000Total: CLEMONSCR E E K WEST SISTER GROVE CREEK HARRINGTON BRANCH PILOT GROVE CREEK SLA Y T E R CRE E KHURRICANECREEK SIS T E R GR O V E CREEKEAST FORK TRINITY SISTERGR O V E CR E E K THROCKMORTONCREEKCOLLIN COUNTY OUTER LOOP C.R. 371 DARTS.H. 5F.M. 455 U.S. HWY 75F.M. 2862 F.M. 455 F.M. 455 U.S. HWY 75S.H. 121 S.H. 121S.H. 5CITY OF MELISSA F.M. 455F.M. 455C.R. 289C.R. 290 F.M. 2862 F.M. 2862FUTURE COLLIN COUNTY OUTER LOOP S.H. 121 S.H. 1 2 1 S.H. 5S.H. 5U.S. HWY 75U.S. HWY 75C.R. 286HOUSTON ST. S.H. 121 FUTURE COLLIN COUNTY OUTER LOOP C.R. 421 SCS SITE 45 SCS SITE 44 SCS SITE 43 SCS SITE 47 SCS SITE 9 SCS SITE 8 SCS SITE 7 SCS SITE 16 SCS SITE 14 SCS SITE 15 SCS SITE 13 SCS SITE 46 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS TBPE Firm No. 526; TBPLS Firm No. 10031800 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900 SHEET NO. 1August 2018 BHC PROJECT NO. 2018123 CITY OF ANNA STORM WATER MASTER PLAN EXHIBIT A Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost EFT-1 2,652.2 6-lane divided 245' Bridge $4,212,000 EFT-2 4,957.5 6-lane divided 80' Bridge $4,211,000 HC-1 4,090.3 6-lane divided 75' Bridge $4,211,000 HC-2 5,412.6 6-lane divided 80' Bridge $4,211,000 HC-3 6,170.2 6-lane divided 90' Bridge $4,211,000 TC-1 1,578.6 6-lane divided 4- 9x8 RC Box Culverts ASTM C-1677 $1,203,000 TC-2 804.5 6-lane divided 4-84" Circular Culverts ASTM C-76 $814,000 TC-3 1,706.0 6-lane divided 4- 9x8 RC Box Culverts ASTM C-1677 $1,201,000 TC-4 5,720.7 4-lane divided 95' Bridge $4,211,000 TC-5 6,743.0 6-lane divided 85' Bridge $4,211,000 TC-6 7,926.4 4-lane divided 115' Bridge $4,211,000 SC-1 1,884.9 4-lane divided 4- 10x8 RC Box Culverts ASTM C-1677 $955,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SC-2 2,528.8 6-lane divided 75' Bridge $4,211,000 SC-3 2,594.3 6-lane divided 250' Bridge $4,212,000 SC-4 4,271.3 4-lane divided 55' Bridge $4,211,000 WSGC-1 2,648.7 4-lane divided 130' Bridge $4,211,000 WSGC-2 1,757.2 6-lane divided 4- 9x9 RC Box Culvert ASTM C-1677 $1,270,000 WSGC-3 1,642.4 6-lane divided TXDOT WSGC-4 1,807.0 4-lane divided 4- 9X9 RC Box Culvert ASTM C-1677 $851,000 WSGC-5 4,014.2 4-lane divided 70' Bridge $4,211,000 SGC-1 1,999.4 6-lane divided 5- 9x8 RC Box Culverts ASTM C-1677 $1,497,000 SGC-2 5,350.4 4-lane divided 50' Bridge $4,211,000 SGC-3 6,566.5 4-lane divided 135' Bridge $4,212,000 SGC-4 7,049.2 6-lane divided 65' Bridge $4,211,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SGC-5 2,970.2 6-lane divided 65' Bridge $4,211,000 SGC-6 8,058.7 6-lane divided 180' Bridge $4,212,000 SGC-7 210.6 6-lane divided 3- 48" Circular Culverts ASTM C-76 $209,000 SGC-8 147.6 6-lane divided 3- 42" Circular Culverts ASTM C-76 $173,000 SGC-9 491.9 6-lane divided 4- 5x5 RC Box Culverts ASTM C-1677 $508,000 SGC-10 584.3 6-lane divided 5- 5x5 RC Box Culverts ASTM C-1677 $631,000 SGC-11 1,870.1 6-lane divided 4- 10x8 RC Box Culverts ASTM C-1677 $1,428,000 SGC-12 581.9 4-lane divided 4- 5x5 RC Box Culverts ASTM C-1677 $342,000 SGC-13 8,460.8 4-lane divided 165' Bridge $4,211,000 Name Q (cfs)Roadway Section Stormwater Infrastructure Project Cost SGC-14 2,576.5 4-lane divided 85' Bridge $4,211,000 SGC-15 2,899.8 4-lane divided 55' Bridge $4,211,000 SGC-16 15,308.4 6-lane divided TXDOT SGC-17 1,471.3 4-lane divided 4- 9x7 RC Box Culverts ASTM C-1677 $767,000 SGC-18 16,144.9 4-lane divided 105' Bridge $4,211,000 PGC-1 2,014.0 6-lane divided 250' Bridge $4,212,000 PGC-2 2,536.3 4-lane divided 70' Bridge $4,211,000 NO SCALE Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 9 - G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the 10-year term of this evaluation. Year Issue 1(1)Issue 2(1)Issue 3(1) Amount $5,000,000 $5,000,000 $5,000,000 2022 $373,427 -$ -$ 2023 $373,427 -$ -$ 2024 $373,427 -$ -$ 2025 $373,427 -$ -$ 2026 $373,427 $373,427 -$ 2027 $373,427 $373,427 -$ 2028 $373,427 $373,427 -$ 2029 $373,427 $373,427 -$ 2030 $373,427 $373,427 $373,427 2031 $373,427 $373,427 $373,427 Average: (1) Note: Financing Terms Issuance Cost: 1.5% Term (Years) 20 Rate: 4% Total Annual Debt Service $373,427.38 $373,427.38 $373,427.38 $373,427.38 $672,169.29 $746,854.77 $746,854.77 $746,854.77 $746,854.77 $1,120,282.15 Table 3 Annulized Captial Improvement Project Debt Service Monthly Debt Service $31,118.95 $31,118.95 $31,118.95 $31,118.95 $62,237.90 $62,237.90 $62,237.90 $62,237.90 $93,356.85 $93,356.85 $56,014.11 $1,120,282.15 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 10 - H. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Anna Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City’s Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory-compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the future, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system (MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent stormwater maintenance. Therefore, a new ‘Enhanced Storm Water Maintenance’ program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the O&M 10-year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 11 - TABLE 4 - Operation & Maintenance Budget Year Inflation (CPI) Rate (%) Annual (A) O&M Budget Projection Enhanced Strom Water Maintennace Program MS4 Permit Expenses Capital (c) (Equipment) Expenditure Total Annual Ammount ($) (d) 2021 1.7% $103,105 $170,000 $0 $273,105 2022 (b) 1.7% $284,857 $172,890 $0 $66,000 $457,747 2023 1.7% $289,700 $175,829 $0 $465,529 2024 1.7% $294,625 $178,818 $0 $473,443 2025 1.7% $299,633 $181,858 $75,000 $556,492 2026 1.7% $304,727 $184,950 $76,275 $565,952 2027 1.7% $309,908 $188,094 $77,572 $575,573 2028 1.7% $315,176 $191,291 $78,890 $585,358 2029 1.7% $320,534 $194,543 $80,232 $595,309 2030 1.7% $325,983 $197,851 $81,595 $605,429 2031 1.7% $331,525 $201,214 $82,983 $615,722 Average: 1.7%$289,070 $185,213 $50,232 $524,514 (c) 3/4 Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,000] (A) Total Annulized Sum of 2021 = $1,031,046 * 10% (b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,000] (d) Total Annual Ammount divided by 12 results in Total Montly Budget Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 12 - I. STORM WATER UTILITY RATE OPTIONS A. 10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non-Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5) Option 2: Capital Improvement Project monthly budget (Table 6) Option 3: Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 - Stormwater Utility Rate Calculation ( O&M Budget Only) Rate Category Porportional Share Based on C*A Total O&M Monthly Budget ($) (Table 5) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $38,437 8,459 4,634 $4.54 N/A Non-Residential 12.0% $5,263 0 353 N/A $14.93 Public 0.0% $0 0 0 N/A N/A Total: 100% $43,700 8,459 4,987 TABLE 6 - Stormwater Utility Rate Calculation (CIP Only) Rate Category Porportional Share Based on C*A Total Monthly Debt Service ($) (Table 4) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $49,268 8,459 4,634 $5.82 N/A Non-Residential 12.0% $6,746 0 353 N/A $19.14 Public 0.0% $0 0 0 N/A N/A Total: 100% $56,014 8,459 4,987 TABLE 7 - Stormwater Utility Rate Calculation (Combined CIP + O&M) Rate Category Porportional Share Based on C*A Total Monthly Requirement ($) (Table 4+5) Parcel Count (#) Total Area (ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% $87,705 8,459 4,634 $10.37 N/A Non-Residential 12.0% $12,009 0 353 N/A $34.07 Public 0.0% $0 0 0 N/A N/A Total: 100% $99,714 8,459 4,987 Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 13 - The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee Rates that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: $10.37 per month Non-Residential: $34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a “supplemental” annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non-Residential lots is calculated on a year-by-year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table 1A below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional “CA” used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 14 - TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Lots Acres (A) Run-off "C" Weighted CA Proportinal CA Acres Run-off "C" Weighted CA Proportional CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 6,500 3,561 0.5 1,780.5 87.99% 270 0.9 243.0 12.01% 2,023.5 2023 6,800 3,725 0.5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88.06% 297 0.9 267.3 11.94% 2,239.3 2025 7,700 4,218 0.5 2,109.0 88.08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88.11% 347 0.9 312.3 11.89% 2,626.8 2027 9,217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 2,871.0 2028 9,877 5,411 0.5 2,705.5 88.13% 405 0.9 364.5 11.87% 3,070.0 2029 10,427 5,712 0.5 2,856.0 88.19% 425 0.9 382.5 11.81% 3,238.5 2030 10,667 5,844 0.5 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,667 5,844 0.5 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 Non Residential acresResidential Units Total CAYear The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5A) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables 5A-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation ( O&M Budget Only) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $273,105 $3.20 $10.52 2022 $457,747 $5.16 $16.97 2023 $465,529 $5.02 $16.49 2024 $473,443 $4.83 $15.86 2025 $556,492 $5.30 $17.44 2026 $565,952 $4.92 $16.16 2027 $575,573 $4.58 $15.04 2028 $585,358 $4.35 $14.30 2029 $595,309 $4.20 $13.79 2030 $605,429 $4.16 $13.66 2031 $615,722 $4.23 $13.89 Average:$524,514 $4.67 $15.36 Year Total Annual O&M Budget Amount ($) Monthly Rates Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 15 - TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $373,427 $4.38 $14.39 2022 $373,427 $4.21 $13.84 2023 $373,427 $4.03 $13.23 2024 $373,427 $3.81 $12.51 2025 $746,855 $7.12 $23.40 2026 $746,855 $6.49 $21.33 2027 $746,855 $5.94 $19.51 2028 $746,855 $5.55 $18.24 2029 $1,120,282 $7.90 $25.94 2030 $1,120,282 $7.70 $25.28 2031 $672,169 $4.62 $15.17 Average:$672,169.29 $5.61 $18.44 Year Annual CIP Debt Service Monthy Rates TABLE 7A - Stormwater Utility Rate Calculation (Combined CIP + O&M) Residential Rate (per Unit) Non- Residential Rate (per Acre) 2021 $273,105 $373,427 $646,532 $7.58 $24.91 2022 $457,747 $373,427 $831,175 $9.38 $30.81 2023 $465,529 $373,427 $838,956 $9.05 $29.73 2024 $473,443 $373,427 $846,870 $8.63 $28.37 2025 $556,492 $746,855 $1,303,346 $12.42 $40.84 2026 $565,952 $746,855 $1,312,807 $11.41 $37.49 2027 $575,573 $746,855 $1,322,428 $10.51 $34.55 2028 $585,358 $746,855 $1,332,213 $9.91 $32.54 2029 $595,309 $1,120,282 $1,715,591 $12.09 $39.73 2030 $605,429 $1,120,282 $1,725,711 $11.86 $38.94 2031 $615,722 $672,169 $1,287,891 $8.85 $29.06 Average:$524,514.41 $672,169.29 $1,196,683.70 $10.15 $33.36 Year Total Annual O&M Budget Amount ($) Annual CIP Debt Service Total Annual Budget (O&M + CIP) Monthy Rates Birkhoff, Hendricks & Carter, L.L.P. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 16 - J. Non-Residential Stormwater Detention System Fee Credit Several non-residential properties in the City of Anna currently utilize stormwater detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on-site stormwater detention system benefits the City’s existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee-Reduction Credit. We recommend requirement of application for the fee-reduction credits that is to be administered, approved and maintained by the City. We recommend the fee-reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a ‘C’-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff ‘C’- factor of 0.9, and therefore the maximum fee-reduction for a well-performing on-site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City-approval and adherence by the property owner would be required. The City shall retain the powers to revoke the fee-credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee-credits shall be revocable and subject to back-charges, based on the City’s determination of the failure period and severity. MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS Firm No. 526 October 2021 Item No. 7.c. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Consider approval of a Resolution authorizing the City Manager to execute a professional services agreement with Grantham & Associates for engineering design of the utility rehabilitation of Downtown Anna. (Director of Public Works Greg Peters, P.E.) SUMMARY: The City of Anna will receive approximately $3.8M in funds from the Federal government in the form of Coronavirus State and Local Fiscal Recovery Funds (SLFRF). These funds are required to be spent on specific types of projects due to the federal source of the money. One of the primary approved uses for the funding is for the rehabilitation of public water and sewer utilities. Downtown Anna has many segments of old, undersized water mains which serve existing homes and businesses. These mains are past their service life and should be replaced with modern systems which can adequately provide water and sewer to the area. The re-development of our downtown is a major strategic goal of the City Council, and was identified as a top priority in the City's Strategic Plan. This project will significantly improve public utilities for existing Anna Neighbors and businesses downtown, and will help to kick-start re-development of the downtown area. Staff utilized the list of approved consulting engineering firms for the category of water and sewer collection & distribution design to select a qualified firm to complete the analysis and design of this key project. Grantham & Associates was selected in the category, and has the experience, expertise, and staff needed to complete the project at a high level. The City worked with Grantham & Associates to develop a project scope for the Downtown Anna Utility Rehabilitation project, which is attached to the Resolution. The anticipated project schedule is attached as an exhibit. In addition, a downtown plan showing the project area is attached. The exhibit shows proposed future paving improvements - which require proposed water and sewer rehabilitation prior to paving taking place. Staff recommends approval of this item, and will work with the consultant to kick the project off if approved by the City Council. FINANCIAL IMPACT: The total project funding is approximately $3.8M. The anticipated cost of analysis and design is $380,000.00. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1.RES. Professional Services - Grantham 2.Downtown - Infrastructure Map APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Terri Doby, Budget Manager Approved - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS RESOLUTION NO._________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GRANTHAM & ASSOCIATES FOR THE DOWNTOWN UTILITY REHABILITATION PROJECT, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna received funding from the Federal Government pertaining to the Coronavirus State and Local Fiscal Recovery Funding Program (SLFRF); and, WHEREAS, the City is seeking to conduct engineering analysis and design pertaining to the rehabilitation of public utilities in Downtown Anna; and, WHEREAS, the rehabilitation of public water and sanitary sewer systems has been specifically identified as an acceptable use of the federal funds per federal guidelines; and, WHEREAS, the City is seeking to contract with Grantham & Associates for engineering and land surveying professional services pertaining to the project; and, WHEREAS, the services provided by Grantham & Associates will be funded through SLFRF Funds; and, 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 approves entering into and authorizes the City Manager to execute a professional services agreement with Grantham & Associates as shown in Exhibit “A” attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. 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WP¢CQd�azblsc�vlbW¢rz WEZI�OT IRI MIFc s91 VW ZA o= E am9m �Ic so9pNg4 RNC F®1 ilzNmmmrylT ] WJ H^cm k%L olzP V wu9oi IITz 1¢61P mrz WImoW k^= 1 IR E�sW Ea E 9®lei a'ulsT mn Fazc4 ou zP14F¢ P?^h S E ys�P®9 magmspou sz uva{Fq Ncu�mP¢^^E�cIm62V� H ��9W 1^as9PP�slm¢puSe sw11TW1\ 11RmmW'^zmEYFWtHhmxWIPCL'da'clk:'WE¢E MzhP'rz=fig I kcmPTkcmPT {vtR zmhc rz Pa �Pm st Mz Pam" C&tl6Wsw9 k: W kaz EmmcllKlsc419zRz s^91mc so9 Wstasfi sll^^mm'cz mPac 1R Ew Y6hwwF C&Y rz+ll Hdssc Mo MC 90161s^: Nc woDsquz^9lhv 32N . ylo ecryzmes'Tmhm�H Lc6¢k¢ {mmq¢lo6ulncy¢mgpuamSe- . ylov�mu&Ptak-z^sT9ori®®R ZMIWz�W muFMlPch¢lamq mv�luvmhlmzmlhPR'w9srwP%c h=�NTmmz YPPnm4sz]. zmN.i JPc9®tYzmecTMl mcPiRs&®¢v11wP®m.�>;u6pt-W-maT lva %zW yzzom mw el®=W zu �WsnP �6w1¢p®hox4A sePMNIB 4�h IPCP!W!^>; J�zP�w®hP%c'IP=b'�s=9 mxc¢s�c H19W.^6 m9 C^ MWoh m vu3 E•�II'Sa53 m �46Hv V mwz Bzz�'a [,emip� b£' 6z�9mt Y" 6P �4��Fxmy sm1 M¢Omz�c@ngm&ry�z WOMB v Nubw.w+manic a bznxgw m �mwl c anwm• S taVkn �1 iIn yo5a59Muuygaugca Y 4Yi10 • CmrW�P®bP>A' R310 • P Iv8H 2OEvnoumx Y IUOoo • 1�.16b'9M1m3C^'�W^W!m i Io'0]I • tl9PVoa+I NFW^�Momm¢ Y IO'IXp S 2 H�tl k^'p�a ld'SOSS NR tl�69� EXHIBIIV LF�CMHI EXHIBIT B MANHOUR PROJECTION 2+1712022 ESTIMATED NANHOURS Inject PmjecT Desipt CARD &—v y a..Y 1 Man Pn W.] Msiager Tech Tech Alma, M..ga Twit Survey TOTAL 3245 $%5 $120 58O S75 $120 $30 3155 FIXED FEE SERVICES FEASIBILITY& INVESTIGATION 31 PREPARE DATA SUAMWiY 2 9 11 SITE VISIT& ary OPERAT1 45 a 12 20 UPOATE DATA SIAAVWV,INVENTORY,&EO-0BITS 2 9 1 9 21 PROGRESS MEETING WITH CITY 5 5 10 PREPARE USTOF POTENILAL PROJECTS 2 9 11 PREPARE QUANTITIES & OPCO 2 18 4 27 51 PRCGRESS MEETING WITH CITY 5 5 10 DEVELOP PROPCGEO IMPROVEMENT RE(C IEFDATKM 4 18 22 2ND REGC 8 STAKEHoLDER MEETINGS 10 10 20 28 PROGRESS MEETHJG WITH CITY 5 5 CIT'MEETING 5 5 mi PREPARE MEMO 4 18 4 P PREPARE COUNCIL PRESJMATION 4 9 4 9 COUNCIL MEETWG 5 5 SUBTOTAL FEASIBILITY& INVESTMa47ION PHASE HOURS 93 198 28 106 0 0 a 0 432 SUBTOTAL FEASIBILITY& INVESTKA71ON PHASE COST $22,785 $3.120 $13.480 S075 50 30 $0 W.730 DESIGN SURVEY E INTO CITY SURVEYCCNfROL 2 a 8 SET PROJECT SURVEYCONTROL 2 18 1B CONTACT TENASS'.1 AND SURVEY UTILITY MARKERS 4 24 2B OPOGWFkC SURVEYFORTOOO LFOF STREET 1 4 B 120 133 OBTA N & REVIEW PLATS AND DEEDS 4 1a B 2B GENERAL SET DOWN CFROW ! PROPERTIES IN CADDFILE 1 1 1 a 1 1 1 1 29 1 40 71 PREPARE Pt.AdN E^EESHEETS 1 8 la 40 85 SU707AL SURVEY HOURS 3 24 U D D Vi 128 I 20a 1 449 iM�7JPfDCO'doartm6lWPWCF.IPROFVSALLNna4O}22Uti a V4opcsdOmaL46ry Pmposal F_dib62-17-22xt ESTIMATED MANHOURS Pmed Plow Deco CARD Surrey Sunny 1 Man Pe'.c , %wager Tech Tech Ad— Manafr Th S.—Y TOTAL S-14E $105 $120 880 379 s120 $80 $155 BIDDING PHASE Fl1FdT PL4N5 AND BID DOCUMENTS TO CITY&PLAN ROOMS 2 4 4 10 RESS T)mOT C.OMHENTS 1 2 2 4 0 ADDREZS RA.LRIDAD 03MMENTS 1 2 2 4 9 ATTEND PRE -EX CQNFERENCE 2 2 RESPOND TO CONTRACTOR BID OUESTICNS 1 4 5 PREPAREADOENOA 1 8 4 B 21 TABULATE BIDS ANDPREPARE CCNTRkCTCRREC0MTAENa4T.'CN 4 2 a PREPARE CONFORMED PROAL7 MANUAL 1 1 d 1 1 d 1 1 1 1 8 SUBTOTAL BIDDING PRkl;E HOURS 8 3a 18 28 18 0 0 0 104 SUBTOTAL BIDDING PHASE COST 31,470 8 55,94,020 31 52240 31.350 SO 30 m 21920 TIME & MATERIALS SERVICES CONSTRUCTION PHASE PREPARE FORAXXISTRLOOTION PLAM 1 2 8 11 PIgCCM1fiTRI.CTI�I MEETING 1 2 2 REVIEW SHOP DRAWING SLEMRTPLS a a REVIEW 1 T 8 4 20 TRAM CHANGE & LOG CHORDERS SLBI AUTAIS 8 8 CONSTRUCTION 5IFE VI5IT TO4 18 16 FILL W LV To RU[KEH 4 4 RECORD DRAVVINW 4 1 8 1 32 1 1 44 SUBTOTAL OCM16TRLCTION HOURS 1 57 18 40 4 0 0 0 120 SUBTOTAL CONIS RLOTION COST 3245 MJAU* �,140 5320D 5300 70 LD W 515XD ENGINEERING FEE BASED ON PERCENTAGE OF CONSTRUCTION COST TOTAL PRouECT BUDGET 3 3,300.9g0 DEDUCT G&A SERVICES S (37a.3W) CONSTRUCTION BUDGET 3 2,=815 TSPE CURVE A 0.6% 96760E CARVE A FOR ENGINFEPJW,DESIGN $ 15" i,P4L4DC01dcarrmL VVPDOCSVIROPOSAllMta= UdibnVlopcsdWna UM PrDF-4 Edibi62-17-22a1x BASZE SERVICES {FUED FEE) FEASIBILITY & INVESTIGATION 5 07.730 DESIGN SURVEY 3 57.425 ENGINEERING E 193,OD0 BIDDINGPPASE E 12.920 Sthtubl Fxed Fee Services 331,875 SPECIAL SERVICES ITIME & MATERIALS) ACOISIONAL MEETINGS s 10.000 T.DOT&RAELROAD COORDINATICN 3 10.000 LEVEL A&BSUE E 10,000 CONSTRUCTION PI -LASE E 15,310 Su6t" Tine & Materials Services 45.340 TOTAL FEE $ 379,385 �i� Mweuc3 zcHmnE� TxDOT Hwy (Franchise Utilities Only) Primary Corridor (Franchise, Paving, On Street Parking, Major Drainage) Future Corridor (Franchise, Paving, Major Drainage) Secondary Corridor (Franchise, Paving, Minor Drainage) Residential Corridor (Paving Only) Downtown Infrastructure Map (North) Creek Corridor (Drainage, Trails) Legend Future Parking (Exact Location TBD) Downtown Infrastructure Map (South) TxDOT Hwy (Franchise Utilities Only) Primary Corridor (Franchise, Paving, On Street Parking, Major Drainage) Future Corridor (Franchise, Paving, Major Drainage) Secondary Corridor (Franchise, Paving, Minor Drainage) Residential Corridor (Paving Only) Creek Corridor (Drainage, Trails) Legend Future Parking (Exact Location TBD) Item No. 7.d. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Gregory Peters AGENDA ITEM: Consider approval of a Resolution authorizing the City Manager to execute a contract by and between the City of Anna and Chambers Grove Municipal Utility District No. 1 for the City of Anna to provide wholesale treatment of residential wastewater. (Director of Public Works Greg Peters, P.E.) SUMMARY: Chambers Grove Municipal Utility District No. 1 is a newly formed MUD in the Extraterritorial Jurisdiction of the City of Anna, Texas. The land owner and developer of the MUD are seeking to enter into an agreement for the City of Anna to provide wholesale wastewater treatment for the MUD, at the proposed Hurricane Creek Wastewater Treatment Plant. Due to the timing of the land purchase and initiation of development, the MUD has requested the City to move forward with this agreement while the final wholesale rates are still being determined. City staff will return to the City Council with final rate recommendations, which will be incorporated into this contract once approved by the Council. Staff recommends approval of this item, as the City is actively seeking to provide a regional solution for wastewater treatment in our area. The attached agreement meets that goal, and allows the City of Anna to partner with the MUD to spread treatment costs across a larger swath of rate payers. FINANCIAL IMPACT: None at this time. The final rates which Chambers Grove Municipal Utility District No. 1 will pay to the City of Anna for wholesale treatment of residential wastewater will be determined at a future date, and incorporated into the agreement once approved by the City Council. 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.RESO and Wholesale Wastewater Agreement - Anna MUD1 APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 WHOLESALE WASTEWATER CONTRACT Page 1 016751.000001\4870-0727-7081.v2 CITY OF ANNA, TEXAS RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WHOLESALE WASTEWATER TREATMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND CHAMBERS GROVE MUNICIPAL UTILITY DISTRICT NO. 1, IN A FORM APPROVED BY THE CITY ATTORNEY, AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is seeking to construct the Hurricane Creek Regional Wastewater Treatment Plant in the southwest portion of the Extraterritorial Jurisdiction of the City of Anna; and, WHEREAS, the Chambers Grove Municipal Utility District No. 1 (Chambers Grove) is a proposed residential development in the Extraterritorial Jurisdiction of the City of Anna, Texas; and WHEREAS, Chambers Grove is seeking to contract with the City of Anna to receive wholesale wastewater treatment services from the City of Anna at the proposed Hurricane Creek Regional Wastewater Treatment Plant; and, WHEREAS, Chambers Grove has requested to enter into a contract for Wholesale Wastewater Treatment Services with the understanding that final rates to be charged for the services are yet to be determined; and, WHEREAS, upon the completion of a final rate study and adoption of wholesale wastewater rates by the City Council of the City of Anna, the wholesale wastewater treatment rates will be attached to the agreement as an exhibit and will be made a part of the agreement; and, WHEREAS, upon the adoption of the preliminary plat for Chambers Grove Subdivision by the City Council of the City of Anna, the legal description of the property will be attached to the agreement as an exhibit and will be made a part of the agreement; and, 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. WHOLESALE WASTEWATER CONTRACT Page 2 016751.000001\4870-0727-7081.v2 The City Council hereby approves entering into and authorizes the City Manager to execute an agreement with the Chambers Grove Municipal Utility District No. 1 as shown in Exhibit “A” attached hereto. WHOLESALE WASTEWATER CONTRACT Page 3 016751.000001\4870-0727-7081.v2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this ___ day of _________, 2022. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie L. Land Mayor, Nate Pike WHOLESALE WASTEWATER CONTRACT Page 4 016751.000001\4870-0727-7081.v2 Exhibit A (following page) WHOLESALE WASTEWATER CONTRACT Page 5 016751.000001\4870-0727-7081.v2 WHOLESALE WASTEWATER CONTRACT This Wholesale Wastewater Contract (this “Contract”) is made and entered into on this, the ______ day of April, 2022 (the “Effective Date”) by and between the City of Anna, Texas, a Texas home-rule municipality ("Anna"), and Chambers Grove Municipal Utility District No. 1, a political subdivision of the State of Texas ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, Customer is a municipal utility district created pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and operating under the provisions of Chapters 49 and 54 of the Texas Water Code, as amended; WHEREAS, Customer was created to provide, among other services, Wastewater service to certain property in Collin County, Texas known as Chambers Grove (the “Development”), which Development covers the 257.374 acres of land described in Exhibit “A”, attached hereto and made a part hereof (the “Property”); WHEREAS, in order to provide Wastewater treatment to serve the Development, Customer will need a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Perrmit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve full development of the Property. NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conditions herein contained, hereby agree as follows. AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 “Act” or "the Act" - the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). WHOLESALE WASTEWATER CONTRACT Page 6 016751.000001\4870-0727-7081.v2 1.02 “Amenity Center” – any open space, clubhouse and swimming pool owned and operated by a homeowner association created to serve the Property. 1.03 “Anna System” or “Anna’s System” - Anna's Wastewater Treatement Plant as said plant may expanded or connected to other systems over time. 1.04 “Approved Connection Point(s)” - the points of entry identified in Exhibit “B” through which Customer is authorized to discharge Wastewater into the Anna System. 1.05 “Basin Map” - the map attached hereto as Exhibit “B”, identifying the service area under this Contract and the Approved Connection Points. Such service area shall automatically be amended to include any land annexed into the boundaries of Customer in accordance with the laws of the State of Texas. 1.06 “Calibration” - verification of primary measuring device and secondary instrumentation accuracy utilizing then-current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 “Customer Annual Amount of Flow” – an annual average amount of Flow not to exceed 350,000 gallons per day. This amount of flow shall automatically be increased pro-rata in the amount of any additional acreage annexed into Customer’s boundaries in accordance with the laws of the State of Texas. 1.08 “Customer System” or “Customer’s System” - the Customer’s facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 1.09 “Delivery Facilities” or “Delivery Facility” - all facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.10 “Director” - the designee appointed or authorized by the Anna City Manager to act on Anna’s behalf. 1.11 “Flow” – the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer’s System through all Approved Connection Point(s), collectively. 1.12 “Industrial Waste” – non-domestic sewage that may include water-borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing WHOLESALE WASTEWATER CONTRACT Page 7 016751.000001\4870-0727-7081.v2 operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.13 “Infiltration” - water that has migrated from the ground into the Wastewater system. 1.14 “Inflow” - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.15 “Liquid Waste” - the water-borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.16 “Metering and Sampling Facility” or “Metering and Sampling Facilities” - the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer’s System at the Approved Connection Point(s)or other such locations as the Parties mutually agree upon in writing. 1.17 “Party” or “Parties” - Anna and Customer may also be referred to in the singular as “Party” and in the plural as “Parties.” 1.18 “Prohibited Discharge” – any discharge prohibited by 40 C.F.R. 403.5. 1.19 “Publicly Owned Treatment Works” (“POTW”) – a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer’s System and Anna’s System. 1.20 “Suspended Solids” – the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.21 “System Cost” - operating expenses and capital-related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, without limitation, all costs identified whether specifically or by implication as System Costs under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. WHOLESALE WASTEWATER CONTRACT Page 8 016751.000001\4870-0727-7081.v2 1.22 “TCEQ” – the Texas Commission on Environmental Quality or its successor agency(ies). 1.23 “Wastewater” – water containing other liquid and water-carried wastes and sewage exclusively from residential dwellings and an Amenity Center whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.24 “Wastewater Treatment Plant” – the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has applied to the TCEQ for a Texas Pollutant Discharge Elimination System Permit (the “Discharge Permit”) to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day (“GPD”). Notwithstanding any provision of this Contract, if the TCEQ does not grant the Discharge Permit on or before January 1, 2023, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. If the Discharge Permit is timely granted, then Anna shall construct the Wastewater Treatment Plant in accordance with the Discharge Permit (i.e. the first phase of the Wastewater Treatment Plant shall be capable of providing no less than 2,000,000 GPD of Wastewater Treatment Service). Anna shall commence construction of the Wastewater Treatment Plant on or before 180 calendar days after the Discharge Permit is timely granted by the TCEQ. Anna shall complete construction of the Wastewater Treatment Plant on or before 545 calendar days after the Discharge Permit is timely granted by the TCEQ. Notwithstanding any provision of this Contract, if Anna fails to timely commence construction of the Wastewater Treatment Plant, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of the Wastewater Treatment Plant, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. The term “commence construction” as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna’s contractor(s); and (iii) onsite construction of the site WHOLESALE WASTEWATER CONTRACT Page 9 016751.000001\4870-0727-7081.v2 development components (such as drainage, grading or utilities) is underway. The term “complete construction” as used in this paragraph means to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer’s System into the Approved Connection Point(s). In the event Anna obtains the Discharge Permit but fails to complete construction of the first phase of the Wastewater Treatment Plant within 545 calendar days thereafter and Customer does not terminate this Agreement, then Anna agrees to allow Customer to provide retail Wastewater service to customers within its service area and Anna will provide Wastewater treatment services by pumping such Wastewater from Customer’s System and hauling it elsewhwere for treatment. 2.02 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer’s System to the Anna System for the term of this Contract and provided that Customer is not in breach of any material provision of this Contract. 2.03 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit “B”, to Anna unless otherwise approved in writing by Anna. Customer acknowledges the need to this limited exclusivity in order the reduce the number of small-volume “package plants” and so that Anna may adequately plan capacity needs for Anna, Customer, and other customers or users of the Anna System. Customer further acknowledges that this limited exclusivity does not create or evidence monopolistic power on the part of or by Anna. 2.04 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit “B” or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights-of-way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer’s System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty (60) calendar days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. WHOLESALE WASTEWATER CONTRACT Page 10 016751.000001\4870-0727-7081.v2 In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of the Property, the difference in the cost of the Delivery Facilities attributable to the size increase shall be at Anna’s expense. If Anna requests Customer to increase size of any portion of the Delivery System, Anna shall reimburse Customer for such additional cost (engineering and construction) immediately upon completion of such facilities. 2.05 Unless mutually agreed to, in writing, by Anna and Customer, Customer shall be responsible for the design, construction, and financing of Customer’s System and the Delivery Facilities including the cost of and acquisition of any necessary rights-of-way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna’s and state law and regulatory requirements in all material respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably conditioned, delayed or withheld. Without limiting the foregoing, no construction of any portion of Customer’s System that may be located on Anna’s property may begin until the Director has approved the plans and specifications for the work. Customer agrees that Anna, at its sole cost, has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.06 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than the Customer Annual Amount of Flow into the Anna System or that would cause Customers daily flow to Anna to exceed the Customer Annual Amount of Flow (monthly average) without first providing written notice to Anna. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer’s System in good and working condition and to make all necessary repairs in a timely manner. Anna shall not have any responsibility or liability for the operation of the Customer’s System, it being Customer’s sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer’s System. Article 4. Metering and Sampling Facilities WHOLESALE WASTEWATER CONTRACT Page 11 016751.000001\4870-0727-7081.v2 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct one (1) Customer Metering and Sampling Facilities at each Approved Connection Point, not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site reasonably acceptable to Anna. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer’s Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point. 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner reasonably satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all necessary access easements and rights of way in a form reasonably satisfactory to Anna. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. 4.06 Anna, at its sole cost, shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna’s approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably conditioned, delayed or withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities and costs associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to WHOLESALE WASTEWATER CONTRACT Page 12 016751.000001\4870-0727-7081.v2 the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be a System Cost. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of a scada system at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; c. Cost of annual calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities; f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna’s standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. WHOLESALE WASTEWATER CONTRACT Page 13 016751.000001\4870-0727-7081.v2 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer’s personnel to enter and observe Anna’s employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than forty-five (45) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights-of-Way 5.01 Customer shall grant, without charge to Anna, such easements, rights-of-way or other necessary property rights along public streets, alleys or other property owned by Customer, to the extent lawful and as reasonably necessary, to construct or maintain facilities to provide Wastewater collection. Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer’s System located on property owned by Anna, such alterations shall be made by Customer at Customer’s expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other’s property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and WHOLESALE WASTEWATER CONTRACT Page 14 016751.000001\4870-0727-7081.v2 Customer agree to coordinate the location of the mains and facilities in the other’s easements and rights-of-way in order to prevent conflicts insofar as reasonably practicable. Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a Calibration is completed, if it is determined that a meter is under-metering or over-metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration, but in no event further back than a period of twelve (12) months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent (3%), divided by three-hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 If in the opinion of the Director, further monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.08 All costs incurred by Anna under this Article are System Costs. WHOLESALE WASTEWATER CONTRACT Page 15 016751.000001\4870-0727-7081.v2 Article 7. Rates, Charges, and Surcharges 7.01 Rates, Charges, and Surcharges are yet to be determined but once determined will be uniformly applied to all similarly situated same-class wholesale customers that discharge Wastewater into the Wastewater Treatment Plant under contract with the City. Once the Rates, Charges and Surcharges for wholesale Wastewater service is finally determined, this article and Exhibit “C” shall be amended to specify same. However, the methodolgy used to determine such rates, charges and surcharges shall be consistent with the current terms provided in Exhibit “C”. Class of wholesale customers shall be based solely on the type of Wastwater being discharged by such customer into the Anna System, so that customers discharging similar types of wastewater shall be charged the same volumetric rate. 7.02 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days after Customer is provided noticed of such adoption by Customer submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract. Anna shall provide Customer with written notice of each such rate increase within thirty (30) calendar days after such rate increase. 7.03 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than forty-five (45) calendar days after the date such bill is forwarded to Customer. Bills will show current charges, as well as past- due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past-due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past-due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, to Anna within forty-five (45) calendar days of the billing date, or any objection to the billing is waived. 7.04 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest Anna assessed Customer on the credited amount of the disputed bill. 7.05 The Parties agree that this Contract is a contract for goods or services under the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code and that services obtained WHOLESALE WASTEWATER CONTRACT Page 16 016751.000001\4870-0727-7081.v2 pursuant to this Contract are essential and necessary to the operation of Customer's waterworks and Wastewater facilities. The Parties agree that all payments made by Customer constitute reasonable and necessary operating expenses of Customer's waterworks and Wastewater system. Customer and the City waive any immunity from suit or liability relating to this Contract. 7.06 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks system, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.07 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the Contract price is necessary (1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customer or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer acknowledges that it has entered into this Contract willingly after determining, after considering alternative sources and methods of providing for its Wastewater needs, that entering into this Contract is in the best interests of Customer and its constituent users. 7.08 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from the revenues of its System. Customer represents and has determined that the Wastewater service to be obtained from the System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.09 Upon the occurrence of Customer’s first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of three (3) month’s average billings, from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for WHOLESALE WASTEWATER CONTRACT Page 17 016751.000001\4870-0727-7081.v2 the remainder of the term of the Contract, notwithstanding Anna’s withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 7.10 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.11 The security fund described in Section 7.09 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.12 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.13 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Property shall be required to pay to Anna any “impact” or “capital recovery fee” related to wastewater conveyance or treatment capacity or service. Article 8. Class is exclusively Residential, Outside of City. 8.01 The Parties agree and understand that the Property shall be developed and used solely for residential housing. Residential housing shall consist of single family homes, townhomes, duplexes, quadraplexes, and any other form of single or multi-family housing, either for rent or ownership by the residents, as well as any open-space or amenities provided to such residents. There shall be no retail, commercial, industrial, institutional or any other development or use of the Property or any part thereof. 8.02 Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of making a Prohibited Discharge or other unauthorized or illegal discharge. WHOLESALE WASTEWATER CONTRACT Page 18 016751.000001\4870-0727-7081.v2 8.03 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. Article 9. Wastewater Quality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the provisions of Chapter 12 of the Anna City Code of Ordinances (regarding Wastewater) and any amendments thereto, and any applicable state or federal regulations relating to discharged substances and Prohibited Discharge. The operation of Customer’s System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer’s System. 9.02 Section 12.04.004 and 12.04.005 of the Anna City Code of Ordinances are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty (60) calendar days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction Articles VI and VII of Chapter 22 of the Anna Code of Ordinances, as amended. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna City Code of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna’s System, whichever quality standards are more stringent. Customer shall indemnify, defend and hold Anna harmless to the extent Customer’s failure to ensure the quality of Wastewater discharged into Customer’s System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer’s System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by WHOLESALE WASTEWATER CONTRACT Page 19 016751.000001\4870-0727-7081.v2 Anna. This insurance policy must be in the amount of at least $5 million and shall cover any costs necessary to bring Anna back into compliance, including payment of any fines, penalties, surcharges or other fees imposed by any state or federal regulatory agency, statute, law, or regulation, should Customer fail to maintain the requisite Wastewater quality standards. 9.04 Customer shall take all necessary steps to mitigate any odors from Customer’s System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer’s System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna’s approval to modify the odor control mechanisms as better odor control options become available. Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent Infiltration and Inflow into Customer’s System, and to prevent same from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer’s System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non-Wastewater source of Flow into Customer’s System. 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided for any Inflow or Infiltration into Customer’s System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer’s System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna WHOLESALE WASTEWATER CONTRACT Page 20 016751.000001\4870-0727-7081.v2 System from Customer’s System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Anna the following data on a quarterly basis: a. The actual number of Customer’s accounts discharging directly or indirectly into the Anna System or Customer System within its service area; b. A classification of domestic and nondomestic accounts within Customer’s service area by number and percentage of accounts discharging directly or indirectly into the Customer System; and, c. Additional data which may assist Anna in developing methodology for cost- of-service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices WHOLESALE WASTEWATER CONTRACT Page 21 016751.000001\4870-0727-7081.v2 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 200 N. Fifth Street Anna, Texas 75040 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 Customer: Chambers Grove Municipal Utility District No. 1 c/o Coats|Rose P.C. Attn: Tim Green 14755 Preston Road, Suite 600 Dallas, Texas 75254 Each party shall provide written notification to the other of any change in address. Article 15. Inspection and Audit of Records 15.01 Complete records and accounts shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts relating to this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Intentionally Deleted. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the terms, conditions and provisions hereof shall be subject to the remedies provided herein, including but not limited to termination. The non- WHOLESALE WASTEWATER CONTRACT Page 22 016751.000001\4870-0727-7081.v2 breaching Party shall provide the breaching Party ninety (90) calendar days written notice of such breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to cure the breach, then Anna shall have the right, with three (3) years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three (3) year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna may, in its sole discretion, withdraw the termination notice. In any event, the non-breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: a. Customer’s failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer’s failure to pay any bill, charge or fee as provided for in this Contract; c. Customer’s making any connection to the Anna System at any point except as provided in Section 2.03; d. Customer’s failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer’s failure to provide Anna rights-of-way as required herein; f. Customer’s failure to permit any sampling of Wastewater as provided for herein; i. Customer’s failure to maintain the quality of discharge required by Article 9; or j. Customer’s failure to comply with Article 19 of this Contract. k. Anna’s failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. WHOLESALE WASTEWATER CONTRACT Page 23 016751.000001\4870-0727-7081.v2 17.02 Failure to provide notice of breach is not waiver - Anna. Anna’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer’s material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver - Customer. Customer’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City’s breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 17.04 If a Party is in default under this Contract, then the non-defaulting Party shall, whether or not the termination provisions of this Article 17 have been invoked, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto acknowledges that this Contract is for the providing of goods and services and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18. Ownership and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the WHOLESALE WASTEWATER CONTRACT Page 24 016751.000001\4870-0727-7081.v2 independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 This Contract shall continue in force and effect for a period of forty-five (45) years from the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party in accordance with the terms hereof. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate at the end of the current term. This Contract is being entered into by Customer to accommondate the purchase of the Property by or any affiliate thereof (“Stratford”). “Affiliate” shall mean an entity or person in which at least ninety percent (90%) of the equity of which is directly or indirectly owned by Stratford or the owner of Stratford. . In the event Stratford does not close on the purchase of the Property by June 30, 2023, then Customer shall have the option for a period ending on December 31, 2023 to terminate this Contract upon notice thereof to Anna and neither Party thereafter shall have any further rights or obligations hereunder. 20.02 The provisions of this Article 20 shall not apply to a Party seeking to terminate this Contract for cause as set forth in Article 17, or timely exercising the right to terminate set forth in Section 24.04 of this Contract. WHOLESALE WASTEWATER CONTRACT Page 25 016751.000001\4870-0727-7081.v2 Article 21. Force Majeure 21.01 No Party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non-action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 21.03 In the event the proper operation of the Anna System, as a result of the above, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising from or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages.. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take full force and effect on the later of the dates this Contract is approved by Anna and signed by the authorized representative of each Party. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. WHOLESALE WASTEWATER CONTRACT Page 26 016751.000001\4870-0727-7081.v2 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third-party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer’s contracts or commitments, and Anna shall not be construed to be responsible for Customer’s contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer’s boundaries to connect to Customer’s System without Anna’s prior written approval. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. WHOLESALE WASTEWATER CONTRACT Page 27 016751.000001\4870-0727-7081.v2 Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute; and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna; b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; c. if Customer does not believe Anna’s response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna’s response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten (10) business days of receipt of Customer’s written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. WHOLESALE WASTEWATER CONTRACT Page 28 016751.000001\4870-0727-7081.v2 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten business days after Customer’s appearance and said decision shall be final subject to any remedy Customer may have under applicable law. 24.04 Expenses. Customer shall have the right to challenge Anna’s decision regarding any rate or fee dispute before the PUC. If Customer initiates or participates in any proceeding regarding the Wastewater rate and City’s policies under this Contract and advocate a position that is adverse to City, and City prevails, Customer shall reimburse City for its reasonable expenses, including attorneys’ fees in the proceeding, within thirty (30) days after City’s demand for payment. If Customer initiates or participates in any proceeding regarding the Wastewater rate and City’s policies under this Contract and advocate a position that is adverse to City, and Customer prevails, Anna shall reimburse Customer for its reasonable expenses, including attorneys’ fees in the proceeding, within thirty (30) days after Customers demand for payment. Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit “A” – The legal description of the Property. Exhibit “B” –The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit “C” – An example of the methodology Anna shall use to calculate the cost of service. Executed on this _____ day of ________, 2022 CITY OF ANNA ____________________________ Jim Proce City Manager WHOLESALE WASTEWATER CONTRACT Page 29 016751.000001\4870-0727-7081.v2 Executed on this _____ day of ________, 2022 CHAMBERS GROVE MUNICIPAL UTILITY DISTRICT NO. 1 ____________________________ ____________________________ President, Board of Directors WHOLESALE WASTEWATER CONTRACT Page 30 016751.000001\4870-0727-7081.v2 EXHIBIT A THE PROPERTY WHOLESALE WASTEWATER CONTRACT Page 31 016751.000001\4870-0727-7081.v2 EXHIBIT B BASIN MAP, INCLUDING APPROVED CONNECTION POINTS WHOLESALE WASTEWATER CONTRACT Page 32 016751.000001\4870-0727-7081.v2 EXHIBIT C THE GENERAL METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE This exhibit shall be amended in accordance with Section 7.01 of the Contract. Wholesale Wastewater rates established hereunder will be determined based upon cost-of- service analysis to be performed by or on behalf of Anna using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by Anna to set the rate for wholesale wastewater service to customers located outside the corporate limits of the Anna. The cost of such analysis is a System Cost. The Parties agree that the methodologies and principals used to conduct a cost-of-service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then-adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna’s established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna’s System. b. To determine the allocation and distribution of costs to the service class, the analysis shall consider at least the following factors: total volume, rate of flow, Wastewater quality, metering, and customer-related costs such as accounting, billing, and monitoring. c. Capital-related costs will consist of budgeted cash capital outlays as well as budgeted debt service payments including principal and interest and debt service coverage as may be required. Item No. 7.e. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution entering into a Development Agreement with Anna 31 Retail, LP, to establish development timelines and design regulations for a multiple-family residence development on 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455). (Director of Development Services Ross Altobelli) SUMMARY: The intent of the development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the City to create well- designed and attractive architecture. Additionally, the development agreement includes development deadlines associated with the construction of the property. Approving the development agreement in no way puts an obligation on the City Council to approve the zoning amendment. It only puts in place construction deadlines and development and design regulations should the decision be made to approve the zoning amendment request. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: ATTACHMENTS: 1.Anna Retail Addition Location Map 2.Development Agreement Anna Retail (multi-family) 040822 3.Resolution - DA (Anna Retail, multiple-family) 4.Anna Retail, Developers Agreement Exhibit 1A 5.Anna Retail, Developers Agreement Exhibit 1B 6.Anna Retail, Developers Agreement Exhibit 2 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 COTTONWOOD TRLP IN E K N O L LWAY W W H I T E S T C ED A RTRLCREEKVIEW DRCREEKSIDE DRHILLTOP DRPARKVIEWDR S CENTRAL EXPYUS HIGHWAY 75Copyright nearmap 2015 200' NoticeBoundary SubjectProperty City Limits ETJ ¯ 0 400 800200Feet February 2022 L:\Planning & Development\Project Review\Anacapri Zoning (Megatel)\Locator\Notification Location M ap.m xd Anna Retail Addition, Block A, Lot 6 - Rezoning from C-2 to PD -MF-2Anna Retail Addition - Rezoning from C-2 to PD-MF-2 Agenda Item #7.e Development Agreement –Establishment of design regulations and development timelines for multiple- family residence construction. Proposed DA Standards Development Standards / Building Materials Minimum 70% masonry for first three stories Architectural roof shingles 75% percent of units must have either a true balcony, stoop, or patio. Buildings require four design features Timelines (after approval of zoning) Legally subdivide the property Submittals of Civils, site plan, landscaping, replat, etc. Pre-construction & site construction Building plans and building application Vertical construction DEVELOPMENT AGREEMENT Page 1 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of April 12, 2022 (the “Effective Date”) between and among the City of Anna, Texas, a home-rule municipality (the "City") and Anna 31 Retail, LP, a Texas limited partnership (“Owner”) as follows: RECITALS WHEREAS, the Owner is the sole owner of 15.4± acres of real property located wholly within the City’s corporate limits and described in Exhibit 1A and Exhibit 1B and depicted on Exhibit 2, (the "Property"); and, WHEREAS, the Property is subject to City Regulations, including without limitation the City’s zoning regulations; and, WHEREAS, the current zoning classification of the Property is C-2 General Commercial District (the “Original Zoning Classification”); and, WHEREAS, Owner has applied to rezone the Property to allow for Planned Development- Multiple-Family - High Density (PD-MF-2) to allow for multiple-family residences with modified development standards (the “Zoning Change”); and, WHEREAS, the City's Planning & Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, in the event that the Property is rezoned, the City and Owner desire to enter into this Agreement to establish development and design regulations to ensure that future development is appropriate for the area and fits in well with adjacent properties; and, WHEREAS, it is the Parties’ mutual intent that this agreement shall govern only the subject matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this development agreement; and, NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date: SECTION 1. RECITALS INCORPORATED. DEVELOPMENT AGREEMENT Page 2 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 Owner and the City. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. A. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations unless expressly stated to the contrary in this Agreement. It is expressly understood and to include but are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning regulations not affected by this Agreement, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code (“Materials and Methods Regulations”), which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, “City Regulations” mean the City’s applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including, without limitation, all development fees), design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the PD-MF-2 Zoning District, Owner agrees to comply and/or to cause all other persons or entities to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards, which are incorporated herein as if set forth in full for all purposes, and with the following standards (in the event of any conflict, the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner’s responsibilities set forth herein. For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Owner or Owner's successor in title to the Property or any part thereof Multiple-Family Residence Buildings A.All multi-family buildings and structures shall have at least seventy percent (70%), for DEVELOPMENT AGREEMENT Page 3 the first three stories of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick, stone, pre-cast stone, and other similar veneer material) or Stucco materials with no more than (30%) consisting of cementitious siding (Hardie products). B.Roofing materials for buildings and structures must be architectural roof shingles, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstances shall three-tab shingles be used as roofing material. C.Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. D.A covered entry area shall be designed at the main entry to each building. E.A minimum of 75% of all units must have one of the following design features: 1)true balcony, stoop, or patio to create outdoor living space. F.Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but are not limited to: 1)Articulation of building facade, 2)Extensions to the building through bay or box windows, and other similar features projecting out from the facade, 3)A horizontal change in building materials between stories of a building, 4)Variation in building materials between vertical intervals, 5)Variations in window placement, 6)Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details, and 7)Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, if hand-delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT Page 4 To City: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, Texas 75409 To Owner: Anna 31 Retail, LP c/o David E Claassen 8400 Westchester Dr. Suite 300 Dallas, TX 75225 SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION. A. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of the City and Owner or, after a Closing (as hereinafter defined), by a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of the Owner or Subsequent Owner. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the Zoning Change on or before the 12th day of April 2022. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1.Within 45 days after City Council approval of the Zoning Change, Owner will have submitted a replat of the Property. 2.Within 180 days after the City has approved and signed the Replat, Owner shall have submitted a site plan, landscaping plan, lighting plan, replat (showing easements, fire lanes and utilities for the multi-family development), and civil plans. 3.A preconstruction meeting between Owner and City staff shall occur within 60 days of final approval of the civil plans. 4.Site construction pursuant to final approved civil plans must commence within 90 days after the preconstruction meeting. DEVELOPMENT AGREEMENT Page 5 5.Owner must submit plans and specifications for the buildings and other improvements not part of the civil plans (the ”Building Plans”) no later than 150 days after civil plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of all civil construction and public improvements by the City of Anna, and (d) recordation of the multi-family development final replat, Owner must submit an application for a building permit within 60 days thereafter (including without limitation the payment of all fees due to the City as required to develop the Property). 6.Recordation in the Official Records of Collin County, Texas of multifamily development final replat must occur within 420 days of commencement of site construction. 7.Vertical construction pursuant to the Building Plans for approved structures must commence within 120 days after the later to occur of the recordation of final multi-family development replat and obtaining a building permit. C. Not by way of limitation as to other material terms and conditions, the deadlines stated above are material terms and conditions of this Agreement and any failure to meet any of the deadlines above (each, a “Deadline Default”) is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION 5. DEFAULT. If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails to comply with any of the material terms and conditions included in this Agreement (such defaulting owner referenced herein as “Defaulting Owner”), the City will have the following non-exclusive and cumulative remedies. A.Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation building DEVELOPMENT AGREEMENT Page 6 permits and certificates of occupancy. B.The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to materially comply with the development standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C.The non-defaulting party will additionally have any and all remedies available to it at equity or in law. Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this section unless there is a breach of 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 City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement runs with the land and is binding on all subsequent owners of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties’ intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a DEVELOPMENT AGREEMENT Page 7 part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who assumes Transferor's obligations under this Agreement with respect to the transferred Property, the Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A CLOSING (THE “INDEMNIFYING PARTY”), HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS (TOGETHER, "CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE INDEMNIFYING PARTY SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY, THE INDEMNIFYING PARTY’S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY’S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES’ REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT AGREEMENT Page 8 DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the termination of this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits, may be recorded in the Official Records of Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Owner represents and warrants to the City that the Owner owns the Property and that this Agreement is binding and enforceable on the Property. Owner may sell the Property or a part thereof to a person or entity (the “Closing”) prior to commencement of site construction on the property sold, and in such event the Subsequent Owner shall be required to acknowledge and assume all obligations, liabilities and indemnifications under this Agreement. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 15 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trust against the Property or a prospective transferee of an owner's interest or an DEVELOPMENT AGREEMENT Page 9 existing or prospective mortgagee, the City will execute and deliver an estoppel certificate stating that, to the best of the City’s knowledge: (i) the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto. SECTION 14. FORCE MAJEURE. Whenever a period of time is prescribed in this Agreement for a Party (the “Acting Party”) to take an action (other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the “Force Majeure Period”) of delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds (“Force Majeure”). However, a date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence or commencement of the event that constitutes Force Majeure within ten days after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Party’s performance; (ii) all of the measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party will be able to resume performance, which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure. SECTION 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. [signature page follows] DEVELOPMENT AGREEMENT Page 10 CITY OF ANNA By: ________________________________ Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ______ day of ______________ 2022, 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 Anna 31 Retail, LP, a Texas limited partnership By: DEC Properties, L.L.C., its general partner By:_________________________________ David E. Claassen, its Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the ____ day of ______________,2022 appeared David E. Claassen, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified under oath that he/she executed the same in his/her capacity as Manager of DEC Properties, LLC, in its capacity as general partner of Anna 31 Retail, LP. _____________________________ Notary Public, State of Texas EXHIBIT “1A” PROPERTY DESCRIPTION EXHIBIT “1B” PROPERTY DESCRIPTION EXHIBIT “2” DEPICTION OF PROPERTY CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE-FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE EAST AND WEST SIDE OF THROCKMORTON BOULEVARD, 370± FEET SOUTH OF W. WHITE STREET (FM 455). WHEREAS, Anna 31 Retail LP, is the Property Owners of real estate generally located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455); and WHEREAS, Property Owners desire to rezone the subject property to allow residential uses; and WHEREAS, Property Owner has agreed to development and design regulations should the City approve rezoning the property. 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 The City Council hereby approves the Development Agreement with Anna 31 Retail, LP, attached hereto as Exhibit A, and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 12th day of April 2022. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit 1 Exhibit 1 R m G) c) x�u 00 mz N �1 Ul -4 po v N cn 0Ui Co n co N 7°36'56„ 165 55' EN 3 22'45„E 041 00 N21 S , 3� �?6Q� 00 � J Cti CA 4 � C� L)O' 121.70" (c �S1 02'37" i , � o '4507E 1133.06 rpm S2 '"�Arp x A =ZOO Axon 3 cin m l it I(DO r Ii I J� I II I 1981 � 'N-1=0542-i -- - --- I I i 00 _ I�--- 1 °02'59"W, I i 1.05'42 11199.08' Pc) �3� I_-- ----- � 6 f—S 1 &2'r 9f- 7.79' Item No. 7.f. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 15.4± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W White Street (FM 455) from C-2 General Commercial to Planned Development-MF-2 Multiple-Family Residential – High Density. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is proposing multiple-family zoning and design standards that would allow for a development layout that would support three- and four-story buildings with, one-, two-, and three-bedroom units. A Planned Development (PD) district is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. Surrounding Land Uses and Zoning North - Retail and restaurant lot and vacant land zoned C-2 General Commercial East - Common area lot zoned C-2 General Commercial South - Vacant land zoned Planned Development-C-1 Restricted Commercial West - Restaurant and vacant land zoned C-2 General Commercial Proposed Planned Development Stipulations The requested zoning is PD-MF-2. This Planned Development is to allow for a high- density, multiple-family residence. Maximum height - The MF-2 base zoning only allows for two-story apartments with a maximum height of 45 feet.  The applicant is proposing both 3 and 4-story building designs that will have a maximum height of 60 feet. Parking - Sec. 9.04.037 (Parking space regulations) of the Zoning Ordinance require a minimum of 2 parking spaces per dwelling unit for multiple-family dwellings, plus 0.25 spaces per dwelling unit for visitor parking. Additionally, 75% of the required parking is required to be covered.  The applicant is proposing to reduce the required parking for studio and one- bedroom units from two (2) spaces per unit to one and a half (1.5) spaces per unit.  The applicant is requesting to reduce the required covered parking 75% to 50%. Screening fence - The MF-2 zoning requires border fencing of masonry construction no less than eight feet in height be installed along the property line on any perimeter not abutting a public street-right-of-way.  The applicant is requesting to install a six-foot-high ornamental metal fence with masonry columns and landscaping.  The applicant is proposing to allow the required screening within the front yard setback along Throckmorton Boulevard and to set back the screening and fencing from the northern property line to create a walkable environment along the access easement. Open Space – The applicant is requesting to count regional detention towards overall open space provided. The regional detention lot (Anna Retail, Block B, Lot 1) is identified as a location for a Hike/Bike trail on the Parks Master Plan. Refuse Facilities - The applicant is proposing to utilize a trash compactor and trash chute for buildings exceeding 24 units. The buildings with 24 or less units will be serviced by refuse facilities per the Zoning Ordinance. Future Land Use Plan The Future Land Use Plan designates this property as Community Commercial (CC). Community Commercial development is typically characterized by small, freestanding buildings containing one or more businesses. Unlike larger shopping centers that may attract regional customers, Community Commercial developments primarily provide services for residents of surrounding neighborhoods. Business types may include restaurants, local retail, medical offices, banks and other retail and services. SUMMARY: The applicant has submitted a rezoning request to allow multiple-family residences with modified development standards. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Concept Plan is in conformance with the proposed Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval. ATTACHMENTS: 1.Anna Retail Addition Location Map 2.Ordinance - Anna Retail Addn (multi-family) 3.Exhibit 1 (Metes & Bounds) Anna Retail BL A Lt 8 and BL B Lt 1 4.Exhibit 2 (CP) Anna Retail BL A Lts 3R, 6, 7, 8, 9 and BL B Lt 1 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 4/7/2022 Jim Proce, City Manager Final Approval - 4/8/2022 COTTONWOOD TRLP IN E K N O L LWAY W W H I T E S T C ED A RTRLCREEKVIEW DRCREEKSIDE DRHILLTOP DRPARKVIEWDR S CENTRAL EXPYUS HIGHWAY 75Copyright nearmap 2015 200' NoticeBoundary SubjectProperty City Limits ETJ ¯ 0 400 800200Feet February 2022 L:\Planning & Development\Project Review\Anacapri Zoning (Megatel)\Locator\Notification Location M ap.m xd Anna Retail Addition, Block A, Lot 6 - Rezoning from C-2 to PD -MF-2Anna Retail Addition - Rezoning from C-2 to PD-MF-2 Agenda Item #7.f Zoning Case –Request to rezone 15.4±acres from C-2 General Commercial to Planned Development- MF-2 Multiple-Family Residential –High Density. THE CITY OF manna Amendment Request Rezone 15.4 acres to allow for multiple-family residence Proposed development includes: 3 and 4 story multifamily buildings. Private amenities and trail system around perimeter of the multi-family development. Recreational improvements around regional detention pond. Recommendation Planning & Zoning Commission voted unanimously to APPROVE the multiple-family zoning request with the following modified development standards. 1)Maximum height (feet): 4-story (60 feet) 2)Parking: a)1.5 parking spaces per one bedroom unit and 2 parking spaces per two-bedroom unit. b)50% of required parking must be covered (Garage or Carport) c)0.25 per dwelling units for visitor parking 3)Usable Open Space: The regional detention area shall be allowed to be counted toward minimum open space requirements with the stipulation that a 5’ interior sidewalk is incorporated into the detention area lot design. 4)Screening/Fencing: Six (6) foot tall ornamental metal fencing with masonry columns with a ten (10) foot-wide landscape buffer. 5)Refuse Facilities: For buildings over 24 units, refused shall be served by an integral trash compactor and multi story trash chute sized and designed by the refuse management provider. 1 CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the east and west sides of Throckmorton Boulevard, 370± feet south side of West White Street (FM 455). ORDINANCE NO. ________________ 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. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Anna 31 Retail LP on Property described in Exhibit 1 (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the east and west sides of future Throckmorton Boulevard, 370± feet south of W. White Street (FM 455) is rezoned from C-2 to Planned Development – Multiple-Family Residential – High Density (PD-MF-2); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) are hereby amended by amending the zoning of the Property described in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit 2. 2 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high- quality Multiple-Family Residential - High Density. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. A. Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the MF-2 Multiple-Family Residential - High Density (MF-2) zoning district and the Planning and Development Regulations except as otherwise specified herein. i. Maximum height (feet): 60 feet (4-story). ii. Parking: A minimum of 1.5 parking spaces shall be provided per one- bedroom and studio units and two (2) spaces per two or more-bedroom units, plus 0.25 per dwelling units for visitor parking. iii. Covered Parking: 50% of the required parking must be covered. iv. Usable Open Space: The regional detention area (Anna Retail Addition, Lot 1, Block B) shall be allowed to be counted toward minimum open space requirements as defined in Section 9.04.004 of the City of Anna Zoning Ordinance. A minimum five (5) foot sidewalk is required to be incorporated into the regional detention area lot design. v. Screening Fence: a. Boarder fencing on any perimeter not abutting a public right-of- way shall consist of; i. a minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot-wide landscape buffer shall consist of a vegetative screen comprised of minimum 3” caliber trees planted staggered at twenty-five (25) foot centers; and/or ii. Border fencing of masonry construction of not less than eight feet in height. 3 b. Border screening and fencing along the northeast property line, shall consist of a six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel along with masonry columns at no more than forty (40) foot intervals. ii. Refuse facilities: Refuse facilities shall comply with MF-2 zoning to serve the three-story buildings with a maximum of 24 units. For buildings over 24 units, refused shall be served by an integral trash compactor and multi story trash chute sized and designed by the refuse management provider. B. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non- substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. C. The Conceptual Development Plan will expire after two (2) years of approval. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code (“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that 4 does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 12th day of April, 2022. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Exhibit A 1 of 2 Anna Retail Addition, Block A, Lot 8 1 Exhibit A 2 of 2 Anna Retail Addition, Block A, Lot 8 1 EXHIBIT A1 OF 2P&Z COMMISSIONCITY OF ANNA APPROVED MARCH 22, 2022CITY COUNCIL CITY OF ANNA APPROVED MARCH 7, 2022B2 EXHIBIT A2 OF 2P&Z COMMISSIONCITY OF ANNA APPROVED MARCH 22, 2022CITY COUNCIL CITY OF ANNA APPROVED MARCH 7, 2022B2 Item No. 7.g. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding the Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1, Concept Plan. (Director of Development Services Ross Altobelli) SUMMARY: Multiple-family residential lot, common area lot, and four commercial lots on 25.7± acres located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street (FM 455). Zoned: C-2 General Commercial. This concept plan is associated with the zoning request to allow a multiple-family residential development with modified development standards and is contingent upon approval of that request. The purpose for the concept plan is to show the future multiple-family residential and commercial development and related site improvements. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: The Concept Plan is in conformance with the proposed Planned Development standards and with the city's Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval of the Concept Plan subject to City Council approval of the zoning request. ATTACHMENTS: 1.Anna Retail Concept Plan Locator Map 2.RESOLUTION (CP) Anna Retail Addn BL A Lt 3R 6 7 8 9 BL B Lt 1 3.Exhibit A (CP) Anna Retail BL A Lts 3R, 6, 7, 8, 9 and BL B Lt 1 APPROVALS: Lauren Mecke, Planning Manager Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 W W H IT E S T S TH ROCKMORTONB LV DCREEKVIEWDRPARKVIEW DRCREEKSIDEDR HILLTOPDRSCENTRALEXPYUS HIGHWAY 75Copyright nearmap 2015 Subject Property ETJ City Limits ¯ 0 400 800200 Feet April 2022 H:\Notification Maps\Notification Maps\ Concept Plan - Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 & Block B, Lot 1 Agenda Item #7.g Concept Plan –Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1 Concept Plan CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONCEPT PLAN FOR ANNA RETAIL ADDITION, BLOCK A, LOTS 3R, 6, 7, 8, 9 AND BLOCK B, LOT 1. 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 (Subdivision Regulations”) and Article 9.04 (Zoning Ordinance) of the Anna City Code of Ordinances; and WHEREAS, Anna 31 Retail, LP, has submitted an application for the approval of the Concept Plan for Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1; and 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 Concept Plan The City Council hereby approves the Concept Plan for Anna Retail Addition, Block A, Lots 3R, 6, 7, 8, 9 and Block B, Lot 1 attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of April, 2022. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Land Mayor, Nate Pike SITE PLAN LEGEND I/7-Z �/ 11 1CAR PORT (10 PARKING SPACES U.N.O.) DUMPSTER ENCLOSURE (50' APPROACH SHOWN) E.*-..-.-.. 26' FIRE LANE i i LANDSCAPE BUFFER VISIBILITY ACCESS MAINTENANCE EASEMENTS w w w w INTERNAL LANDSCAPE EV ELECTRIC VEHICLE CHARGING HC ACCESSIBLE PARKING SPACE SITE PLAN GENERAL NOTES 1. Buildings 6,000 square feet or greater shall be 100% fire sprinkled. 2. Fire lanes shall be designed and constructed per city standards. 3. Handicapped parking areas shall be designed and provided per city standards and shall comply with requirements of the current, adopted International Building Code. 4. FIVE -foot wide sidewalks shall be provided per the City design Manual in the public Right of Way, unless a sidewalk easement is provided for a meandering sidewalk or an alternative design is approved by the city. 5. Barrier -free ramps, per city standards, shall be provided on sidewalks at all curb crossings. 6. Mechanical units, dumpsters, and trash compactors shall be screened in accordance with the Zoning Ordinance. ee I I / • i '_—EXISTING F� Y � I _ I < — 10' TILITY EASEMENT \ _ 5 I __—GENERA DRI DRIVEWAY I I I • (NOT BY IS APPLICATION) 7. All signage contingent upon approval by Building Inspections Department. 8. Approval of the site plan is not final until all engineering plans are approved. 9. Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance. 10. Outdoor lighting shall comply with illumination standards within city ordinance. Please contact the Building Inspections Department to determine the type of construction and occupancy group. 11. All private electrical transmission, distribution, and service lines must be underground. CAALMS GROUP, LLC INSTRUMENT NUMBER 20180904001111350 STATUTORY CORRECTION AFFIDAVIT INSTRUMENT NUMBER 20180906001124710 OPRCCT 12. Uses shall conform in operation, location, and construction to the following performance standards in the Zoning Ordinance: noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, and/or other performance standards. 0 60' 120' Scale: 1:60 prepared by: 0 YEAR FLOOD PL NE / �iJ Z Z Q W LLI D ry LtJ CO U U � tl 0 (� I— Z Z O co Q M>ZC.0 w � Ict �HLLI0 I C:)O I� w J Z0 Lid H (f) Z 0 o 0 T o VK�\\';\4 IIIN'cj' PROPOSED LOT 1 BLOCK B ANNA RETAIL ADDITION PROPOSED ZONING: GREEN LIGHT STUDIO, LLC www.greenlig ht.company 100 N. Cottonwood Drive Suite 104 Richardson, Texas 75080 214.810.4535 Drawn by/Checked By: Tyler Adams, Registered Architect 21898 Owner: Anna 31 Retail LP 8400 Westchester Dr. Suite 300 Dallas, Texas 75225 Contact: David Claassen - 214.361.8300 VICINITY MAP SCALE: 1:2000 WHITE STREET/FM 455 - Lot 311 Block A: Site Data Summary Table General Site Data Zoning Existing: C-2 / Proposed: Unchanged Concept Use Hotel Lot Area 157,718 Lot Area Combined (Acreage) 3.62 Building Footprint Area (Approximate) 14,000 Area Covered by Canopy 1,500 Total Building Area 28,000 Building Height (# Stories) 2 Building Height (Feet) 34 Lot Coverage g% Floor Area Ratio 11/62 Lot 6 Block A: Site Data Summary Table General Site Data Zoning Existing: C-2 / Proposed: Unchanged Concept Use Restaurant Lot Area 54,392 Lot Area Combined (Acrage) 1.25 Building Footprint Area (Approximate) 3,500 Area Covered by Canopy 200 Total Building Area 3,500 Building Height (# Stories) 1 Building Height (Feet) 16 Lot Coverage 6% Floor Area Ratio 2/31 Lot 7 Block A: Site Data Summary Table General Site Data Zoning Existing: C-2 / Proposed: Unchanged Concept Use Restaurant Lot Area 74,308 Lot Area Combined (Acrage) 1.71 Building Footprint Area (Approximate) 7,000 Area Covered by Canopy 200 Total Building Area 7,000 Building Height (# Stories) 1 Building Height (Feet) 16 Lot Coverage god Floor Area Ratio 1 8/85 Lot 8 Block A: Site Data Summary Table General Site Data Zoning Existing: C-2 / Proposed: PD: MF-2 Proposed Land Use Multifamily Lot Area Combined (SF) 669,632 Lot Area Combined (Acrage) 15.37 Building Footprint Area (Approximate) 96,513 Area Covered by Canopy 46,800 Multifamily Units Studio/Min 550 SF 44 One Bedroom/Min 660 SF 74 Two Bedroom/Min 1025 SF 177 Three Bedroom/Min 1300 SF 33 Total Unit Count 328 Unit Density Per Acre 21.3 Total Building Area 521,945 Building Height (# Stories) 4 Building Height (Feet) 58' to ridge Lot Coverage 14% Floor Area Ratio 7/9 Parking Parking Ratio (From Zoning Ordinance) Studio/One Bedroom - 1.5 Spaces per Unit 177 Two Bedroom - 2 Spaces per Unit 354 Three Bedroom - 2 Spaces Per Unit 66 Guest Parking (1/4 per Unit) 82 Parking Required 679 Resident Covered Parking Required (50%) 299 Parking Provided Uncovered Surface Spaces 293 Car Port Spaces 260 Garage Spaces 64 Tandem Spaces 64 Total Parking Provided 681 Accessible Parking Required 29 Accessible Parking Provided 29 Parking in Excess of 110% required parking None Landscaping Area Open Space Required 1 Bedroom = 600SF Open Space (328) 196800 Each Additional Bedroom Over 1 Bedroom= 300 SF (243) 72900 Total Open Space Required 269700 Open Space Provided Landscape Edge Area (SF) 49,196 Detention Pond and Site Amenity Area 108,289 Within 10' of poolPool Area (x3 SF) 22,302 Dog Park (x3sf) 16,971 Interior Open Space 76,072 Total Open Space Provided 272,830 Other Landscape area within the lot 651533 Total Landscape Area 338,363 Permeable Areas Permeable Pavement 0 Other Permeanble Area 0 Total permeable Area 0 Impervious Area Building Area 96,513 Sidewalks, Pavement, and other Impervious Flatwork 224,905 Other Impervious Area 9,851 Total Impervious Area 331,269 Total Landscape Area, Impervious Area, Permeable Area 669,632 Total Area for Outdoor Storage None Lot 9 Block A: Site Data Summary Table General Site Data Zoning Existing: C-2 / Proposed: Unchanged Concept Use Office Lot Area 91,521 Lot Area (Acreage) 2.10 Building Footprint Area (Approximate) 19,000 Area Covered by Canopy 250 Total Building Area 38,000 Building Height (# Stories) 2 Building Height (Feet) 35 Lot Coverage 21% Floor Area Ratio 22/53 GREEN LIGHT STUDIO, LLC —.gr—nlight.c pony 100 N. Cottonwood Drive Suite 104 Richardson, Texas 75080 214.810.4535 Drawn by/Checked By: Tyler Adams, Registered Architect 21898 Owner: Anna 31 Retail LP 8400 Westchester Dr. Suite 300 Dallas, Texas 75225 Contact: David Claassen - 214.361.8300 Item No. 7.h. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Dean Habel AGENDA ITEM: Conduct an initial Public Hearing on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) SUMMARY: Texas Local Government Code 370.002 requires public hearings for the renewal/adoption of a Juvenile Curfew Ordinance every three years. The verbiage has not changed from the existing Juvenile Curfew Ordinance. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval ATTACHMENTS: APPROVALS: Dean Habel, Police Chief Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 7.i. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Dean Habel AGENDA ITEM: Conduct a second Public Hearing on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Dean Habel, Police Chief Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 Item No. 7.j. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Dean Habel AGENDA ITEM: Consider/Discuss/Action on the adoption of the Juvenile Curfew Ordinance as required by Local Government Code 370.002. (Police Chief Dean Habel) SUMMARY: Texas Local Government Code 370.002 requires a municipality to conduct public hearings every three years if it chooses to renew/adopt a Juvenile Curfew Ordinance. The current ordinance expired on April 9, 2022 and requires council action for renewal. There were some very minor changes to the verbiage in the ordinance. FINANCIAL IMPACT: None STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: High Performing, Professional City. STAFF RECOMMENDATION: Adopt ATTACHMENTS: 1.Curfew Ordinance Renewal 2022 2.Division_2__Curfew_ APPROVALS: Dean Habel, Police Chief Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ESTABLISHING A NEW CURFEW FOR MINORS; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR WAVIER BY THE MUNICIPAL COURT OF JURISDICTION OVER A MINOR WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE YEARS AFTER THE DATE OF INITIAL ENFORCEMENT; PROVIDING A PENALTY NOT TO EXCEED $500; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, there is a substantial amount of juvenile violence, vandalism, illegal drug activity, and other crime committed within the City of Anna (“City”) by persons under the age of 18 (“minors”); and WHEREAS, minors are particularly susceptible, by their lack of maturity and experience, to participate in unlawful activities and to be the victims of older perpetrators of crime; and WHEREAS, the parents and legal guardians of both minor residents and minor visitors to the City may not be able to maintain continuous supervision of said minors, particularly during nighttime hours, which provides opportunities for minors to become the perpetrators or victims of crime within the City; and WHEREAS, the City has authority to provide for the protection of minors from each other and from other persons, and to assist with enforcement of parental control over and responsibility for minors, in order to provide for the protection of the general public and to reduce the incidence of both juvenile criminal activities and crimes against children; and WHEREAS, the Anna Police Department reports that the creation and enforcement of the juvenile curfew has had a positive effect on its ability to respond to issues of juvenile violence, vandalism, illegal drug activity, and other crime committed by minors in the City, as compared to the absence of such a curfew; WHEREAS, the City of Anna, Texas City Council (“the City Council”) has investigated and determined that it would be advantageous and beneficial to the City and its citizens, and in the interest of the public health, safety, and general welfare, to adopt a curfew for minors within the City and regulations in support of same, to be made part of the City of Anna Code of Ordinances (“Anna Code”), and to create criminal offenses and penalties for the purpose of achieving the objectives of said curfew; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as the findings of the City Council as if set forth in full. Section 2. Ordinance adopted. 2.01 Replacement Provisions for Chapter 8, Article 8.02, Division 2, Sections 8.02.031 through 8.02.038. This ordinance amends Chapter 8, Article 8.02, Division 2 of the Anna Code, to amend the City’s curfew regulations as shown below, with added text depicted in underline format (example) and deleted text depicted in strikethrough format (example): Article 8.02 MINORS [ . . . ] Division 2. Curfew [ . . . ] Sec. 8.02.037 Review [ . . . ] (c) This division has been reauthorized and continued in full force and effect by the City Council in accordance with this section. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ______ day of _____________ 2022. ATTESTED: _________________________ City Secretary, Carrie Land APPROVED: _________________________ Mayor, Nate Pike Division 2. Curfew* Sec. 8.02.031 Findings The city council finds that: (1) There has been an increase in juvenile violence, vandalism, illegal drug activity, and other crime by persons under the age of 18 in the city; (2) Persons under the age of 18 are particularly susceptible, by their lack of maturity and experience, to participate in unlawful activities and to be victims of older perpetrators of crime; (3) The city has authority to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and (4) A curfew for those under the age of 18 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the city. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.01; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.032 Definitions The following words and phrases, when used in this division, shall have the meaning ascribed to them by this section. All terminology used in this division, and not specifically defined herein, shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body, or if not defined therein the latest volume of Merriam Webster’s Collegiate Dictionary. Adult means an individual over 18 years of age. Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; (2) 12:01 a.m. until 6:00 a.m. on any Saturday (immediately following midnight on Friday) or Sunday (immediately following midnight on Saturday); and (3) During the regular academic calendar of the Anna Independent School District, between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday, or Friday if public schools in the area are in session. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, or automobile accident, serious medical condition of sudden onset, or any situation where immediate action is needed to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Guardian means: (1) A person who, under court order or by operation of law, is the legal guardian of a minor; (2) A public or private agency with whom a minor has been placed by a court or the parent(s) of a minor; or (3) A person at least 21 years of age who has been lawfully granted temporary custody of a minor or charged with supervisory responsibility for a minor by a parent. Interstate transportation means transportation between states of the United States or between a state of the United States and a foreign country, to which any travel through the city is merely incidental. Intrastate transportation means transportation between locations within the State of Texas, to which any travel through the city is merely incidental. Minor means any person under 18 years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent, or step-parent of a minor; or (2) An adult who has been given custody of a minor by the State of Texas or a qualified foster care agency. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, establishments, streets, highways, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, restaurants, theaters, game rooms, shops and shopping centers. Remain means to: (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means an injury to the human body that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Unaccompanied minor means a minor who is not within the immediate supervision of that minor’s parent or guardian. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.02; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.033 Offenses (a) An unaccompanied minor commits an offense if he or she is present within, or remains in, any public place or on the premises of any establishment within the city during curfew hours, or if he or she is the operator or passenger of a motor vehicle within the territorial limits of the city. No culpable mental state need be pled or proven to support a prosecution for the offense created under this subsection, nor shall it be necessary to plead or prove that the minor had actual knowledge of the curfew hours. (b) A parent or guardian of a minor commits an offense by knowingly permitting, or by willfully failing to exercise sufficient control so as to allow, an unaccompanied minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (c) The owner, operator, or any employee of an establishment commits an offense by knowingly allowing an unaccompanied minor to remain upon the premises of the establishment during curfew hours. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.03; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.034 Defenses (a) It is an affirmative defense to prosecution under section 8.02.033 of this division that the unaccompanied minor was: (1) Legally emancipated, or married/formerly married and had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code; (2) On an emergency errand or an errand at the direction of the minor’s parent or guardian, without any detour or stop; (3) Within or waiting for an aircraft or motor vehicle involved in interstate travel or intrastate travel with the informed consent of the minor’s parent or guardian; (4) Engaged in lawful employment activity or a labor organization meeting, or going to or returning home from an employment activity or labor organization meeting without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence or activity; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor and has valid consent of a parent or guardian for the minor, or going to or returning home from such an activity without any detour or stop; (8) The minor was engaged in, participating, in, or traveling to or from any event, function, or activity for which the application of section 8.02.033 of this code would contravene his or her rights protected by the Texas or United States Constitution; (9) Not subject to compulsory school attendance under Texas Education Code section 25.086 (as amended) and engaged in only lawful activities, with consent of an unemancipated minor’s parent or guardian, during the time the minor was in violation of curfew hours set by section 8.02.032. (b) It is a defense to prosecution under section 8.02.033(c) of this division that the owner, operator, or employee of an establishment promptly notified the city police department or emergency dispatch serving the city that an unaccompanied minor was present on the premises of the establishment during curfew hours and refused to leave when asked to do so. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.04; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.035 Enforcement Notwithstanding the penal effect of this division the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall conform to the requirements of Texas Code of Criminal Procedure art. 45.059 and be promulgated in writing to members of the police department so that this division may be enforced in a uniform manner. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.05; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.036 Penalty (a) A person who violates a provision of this division is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense is a class C misdemeanor, and upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code, unless otherwise specifically set forth in this code. (b) When required by section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates this division and shall refer the minor to juvenile court. (c) In assessing punishment, the municipal court judge may consider a community service or teen court program. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.06; Ordinance 811-2019 adopted 4/9/19; Ordinance adopting 2019 Code) Sec. 8.02.037 Review (a) In accordance with Local Government Code section 370.002 (as amended), before the third anniversary of the date of adoption of this division, and every third year thereafter, the city council shall: (1) Review this division’s effects on the community and on problems this division was intended to remedy; (2) Conduct public hearings on the need to continue this division; and (3) Abolish, continue, or modify this division. (b) Failure to act in accordance with subsections (a)(1) through (3) of this section shall cause the ordinance establishing a curfew for minors to expire. (Ordinance 208-2005 adopted 5/24/05; 2008 Code, pt. II, art. 29, sec. 2.07; Ordinance 811-2019 adopted 4/9/19) Sec. 8.02.038 Supplemental effect The provisions of this division are supplemental to, and shall be cumulative with, all other laws and ordinances applicable in any manner to minors. (Ordinance 811-2019 adopted 4/9/19) Item No. 7.k. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Joey Grisham AGENDA ITEM: Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of the Crystal Park Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) SUMMARY: The next steps in the creation of the Crystal Park Improvement District are: conducting a Public Hearing and consideration of a Resolution creating the PID. A petition to establish the PID was received by the City Secretary on March 1st. Crystal Park is a 361-acre mixed-use project being developed by Bloomfield Homes. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 3: Anna – Great Place to Live STAFF RECOMMENDATION: Approve. ATTACHMENTS: 1.Resolution Creating the Crystal Park PID v2 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS RESOLUTION NO. 2022-______ A RESOLUTION REGARDING THE CREATION OF THE CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on March 1, 2022, there was submitted to and filed with the City Secretary of the City (the “City Secretary”) pursuant to the Act that certain "Petition for Creation of the Crystal Park Public Improvement District Within the City of Anna, Texas" (the "Petition") requesting the establishment of a public improvement district covering approximately 360.452 acres located within the City as described in the Petition and Exhibit A attached hereto (the “Property”), and to be known as the "Crystal Park Public Improvement District" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on April 12, 2022, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than fifty percent (50%) of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the Property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the Property within the District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. The City Council hereby authorizes and directs the City Secretary, on or before April 19, 2022, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 12TH DAY OF APRIL, 2022. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY BEING A 390.452 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY, ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504, THE T. RATTAN SURVEY, ABSTRACT NO. 782, THE J. CAHILL SURVEY, ABSTRACT NO. 144, THE H. CHENAWETH SURVEY, ABSTRACT NO. 158, THE J. COFFMAN SURVEY, ABSTRACT NO. 197, THE J. ELLETT SURVEY, ABSTRACT NO. 295 AND THE J. KINCADE SURVEY, ABSTRACT NO. 510, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 148.68 ACRE TRACT OF LAND, CONVEYED TO F.A. MILLER, AS RECORDED IN COUNTY CLERK’S FILE NO. 19960321000231110, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, A 244.135 ACRE TRACT OF LAND CONVEYED TO FREDERICK ALEXANDER MILLER (18.6%), VIRGIL WREN MILLER (18.6%), MAQUIN JAN KUNKLE (18.6%), JEFFEREY WAYNE ROLLINS (22.1%), AND REBECCA LORRAINE BONA (22.1%), AS RECORDED IN VOLUME 5086, PAGE 1760, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 390.452 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND FOR THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT FOUND). SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 75, (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 322.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID CEMETERY; SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING ON THE NORTH LINE OF A 97.682 ACRE TRACT OF LAND CONVEYED TO RATTAN PROPERTIES, LTD., AS RECORDED IN VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN COUNTY ROAD NO. 284, (A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND OCCUPATION); THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 97.682 ACRE TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF 1509.22 FEET TO A 1/2" IRON ROD FOUND FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JOHN RATTAN AND SUE RATTAN, (NO RECORD DOCUMENT FOUND); THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID RATTAN TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 18 DEGREES 15 MINUTES 04 SECONDS EAST, A DISTANCE OF 800.08 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID RATTAN TRACT; NORTH 78 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF 700.67 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID RATTAN TRACT. SAID POINT BEING ON THE EAST LINE OF AFORESAID 244.135 ACRE TRACT AND BEING WITHIN COUNTY ROAD NO. 286, (A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND OCCUPATION); THENCE, ALONG SAID COMMON LINES OF SAID 244.135 ACRE TRACT AND THE WEST LINE OF A SAID RATTAN TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 02 DEGREES 45 MINUTES 42 SECONDS EAST, A DISTANCE OF 22.19 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 04 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 362.07 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 05 DEGREES 43 MINUTES 05 SECONDS WEST, A DISTANCE OF 496.57 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID RATTAN TRACT AND A COMMON NORTHWEST CORNER OF A 97.682 ACRE TRACT OF LAND CONVEYED TO RATTAN PROPERTIES, LTD, AS RECORDED IN VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 01 DEGREE 13 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF SAID 244.135 ACRE TRACT AND THE COMMON WEST LINE OF SAID 97.682 ACRE TRACT, WITH SAID COUNTY ROAD NO. 286, A DISTANCE OF 484.11 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 244.135 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A 140.00 ACRE TRACT OF LAND CONVEYED TO JOHN ANDREW ADAMS AND LESLIE JANE BOX, AS RECORDED IN VOLUME 5389, PAGE 3671, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 87 DEGREES 14 MINUTES 28 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 244.135 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 140.00 ACRE TRACT, A DISTANCE OF 3215.64 FEET TO A 60D NAIL FOUND FOR THE SOUTHWEST CORNER OF SAID 244.135 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF SAID 140.00 ACRE TRACT. SAID POINT BEING ON THE EAST LINE OF A 216.801 ACRE TRACT OF LAND CONVEYED TO VERLA SUE HOLLAND AND MAURINE DICKEY, AS RECORDED IN COUNTY CLERK’S FILE NO. 95-0011069, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE COMMON LINES OF SAID 244.135 ACRE TRACT AND THE SAID 216.801 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 02 DEGREES 16 MINUTES 14 SECONDS EAST, A DISTANCE OF 119.99 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 42 MINUTES 51 SECONDS WEST, A DISTANCE OF 640.05 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 357.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 01 DEGREE 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 381.16 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER, OF SAID 244.135 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 216.801 ACRE TRACT. SAID POINT BEING AT THE END OF AFORESAID COUNTY ROAD NO. 937; NORTH 87 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE OF 29.55 FEET TO A 60D NAIL FOUND FOR AN EXTERIOR ELL CORNER OF SAID 244.135 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A 245.6 ACRE TRACT OF LAND CONVEYED TO VIRGIL WREN MILLER, AS RECORDED IN VOLUME 5823, PAGE 3619, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE WEST LINE OF SAID 244.135 ACRE TRACT AND THE COMMON EAST LINE OF SAID 245.6 ACRE TRACT, WITH SAID COUNTY ROAD NO. 937, THE FOLLOWING COURSES AND DISTANCES: NORTH 12 DEGREES 06 MINUTES 31 SECONDS WEST, A DISTANCE OF 109.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 06 DEGREES 52 MINUTES 41 SECONDS WEST, A DISTANCE OF 258.10 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 09 DEGREES 46 MINUTES 25 SECONDS WEST, A DISTANCE OF 725.61 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 28 DEGREES 35 MINUTES 06 SECONDS WEST, A DISTANCE OF 186.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 14 DEGREES 05 MINUTES 23 SECONDS WEST, A DISTANCE OF 170.86 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, A DISTANCE OF 250.08 FEET TO A 60D NAIL FOUND (BENT) FOR CORNER; NORTH 02 DEGREES 44 MINUTES 20 SECONDS EAST, PASSING THE NORTH LINE OF SAID 245.6 ACRE TRACT AND THE COMMON SOUTH LINE OF AFORESAID 64 ACRE TRACT, AND CONTINUING ALONG THE WEST LINE OF SAID 244.135 ACRE TRACT AND THE COMMON EAST LINE OF SAID 64 ACRE TRACT, IN ALL, A TOTAL DISTANCE OF 254.07 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; THENCE, NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID COMMON LINE, WITH SAID COUNTY ROAD NO. 937, A DISTANCE OF 923.21 FEET A 1/2" IRON FOUND FOR THE NORTH CORNER OF SAID 244.135 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 5.765 ACRE TRACT OF LAND CONVEYED TO SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY CLERK’S FILE NO. 20190221000181710, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE EAST LINE OF A 64 ACRE TRACT OF LAND CONVEYED TO NAOMI L. WATSON, AS RECORDED IN COUNTY CLERK’S FILE NO. 20140313000236380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN THE APPROXIMATE CENTER OF COUNTY ROAD NO. 937, (A PRESCRIPTIVE RIGHT-OF-WAY BY USE AND OCCUPATION), FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED “PEISER.MANKIN.SUR” FOUND FOR THE NORTHWEST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON SOUTHWEST CORNER OF A 101.118 ACRE TRACT OF LAND CONVEYED AS “TRACT 1” TO SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY CLERK’S FILE NO. 20180925001201240, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, BEARS NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE, ALONG THE NORTHEAST LINE OF SAID 244.135 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 5.765 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 48 DEGREES 26 MINUTES 03 SECONDS EAST, A DISTANCE OF 82.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 67 DEGREES 30 MINUTES 05 SECONDS EAST, A DISTANCE OF 84.40 FEET TO 60D NAIL FOUND FOR CORNER; SOUTH 62 DEGREES 35 MINUTES 14 SECONDS EAST, A DISTANCE OF 296.45 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 41 DEGREES 10 MINUTES 03 SECONDS EAST, A DISTANCE OF 157.79 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 06 MINUTES 15 SECONDS EAST, A DISTANCE OF 262.41 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 55 DEGREES 39 MINUTES 45 SECONDS EAST, A DISTANCE OF 144.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF AFORESAID 101.118 ACRE TRACT; THENCE, CONTINUING ALONG THE NORTHEAST LINE OF SAID 244.135 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 18 MINUTES 28 SECONDS EAST, A DISTANCE OF 348.05 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 21 DEGREES 37 MINUTES 21 SECONDS EAST, A DISTANCE OF 346.53 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 06 DEGREES 07 MINUTES 23 SECONDS EAST, A DISTANCE OF 211.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 37 DEGREES 30 MINUTES 06 SECONDS EAST, A DISTANCE OF 88.02 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 64 DEGREES 23 MINUTES 44 SECONDS EAST, A DISTANCE OF 62.59 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 42 DEGREES 35 MINUTES 09 SECONDS EAST, A DISTANCE OF 246.54 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 88 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 72.92 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 61 DEGREES 26 MINUTES 55 SECONDS EAST, A DISTANCE OF 164.75 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 69 DEGREES 36 MINUTES 03 SECONDS EAST, A DISTANCE OF 58.91 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 17 DEGREES 13 MINUTES 17 SECONDS EAST, A DISTANCE OF 15.78 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 06 DEGREES 10 MINUTES 57 SECONDS EAST, A DISTANCE OF 125.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 53 DEGREES 17 MINUTES 57 SECONDS EAST, A DISTANCE OF 61.31 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 59 MINUTES 39 SECONDS EAST, A DISTANCE OF 125.01 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 80 DEGREES 01 MINUTE 26 SECONDS EAST, A DISTANCE OF 234.63 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 24 MINUTES 21 SECONDS EAST, A DISTANCE OF 426.09 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 80 DEGREES 54 MINUTES 25 SECONDS EAST, A DISTANCE OF 239.90 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 77 DEGREES 43 MINUTES 11 SECONDS EAST, A DISTANCE OF 68.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 71 DEGREES 14 MINUTES 49 SECONDS EAST, A DISTANCE OF 42.49 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 66 DEGREES 21 MINUTES 02 SECONDS EAST, A DISTANCE OF 67.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 55 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 73.51 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 101.118 ACRE TRACT AND THE WEST CORNER OF AFORESAID 148.68 ACRE TRACT; THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 35 DEGREES 12 MINUTES 23 SECONDS EAST, A DISTANCE OF 177.76 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 42 DEGREES 44 MINUTES 06 SECONDS WEST, A DISTANCE OF 131.40 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 19 DEGREES 54 MINUTES 38 SECONDS WEST, A DISTANCE OF 41.83 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 03 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF 30.38 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 23 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF 444.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 24 DEGREES 17 MINUTES 36 SECONDS EAST, A DISTANCE OF 387.15 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 25 DEGREES 22 MINUTES 03 SECONDS EAST, A DISTANCE OF 293.24 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 24 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 419.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 101.118 ACRE TRACT. SAID POINT BEING ON THE SOUTH LINE OF A 41.531 ACRE TRACT OF LAND CONVEYED AS “TRACT NO. 2” TO WBK PARTNERS, LTD., AS RECORDED IN COUNTY CLERK’S FILE NO. 98-126145, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 69 DEGREES 20 MINUTES 00 SECONDS EAST, ALONG THE NORTHEAST LINE OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 41.531 ACRE TRACT, A DISTANCE OF 1130.40 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A 33 ACRE TRACT OF LAND CONVEYED TO MIXON REALITY CO., AS RECORDED IN COUNTY CLERK’S FILE NO. 20110407000364750, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING IN THE APPROXIMATE CENTER LINE OF AFORESAID COUNTY ROAD NO. 286; THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID 33 ACRE TRACT, WITH SAID COUNTY ROAD NO. 286, THE FOLLOWING COURSES AND DISTANCES: SOUTH 32 DEGREES 23 MINUTES 30 SECONDS WEST, A DISTANCE OF 148.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 16 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 597.04 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 33 ACRE TRACT; SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, DEPARTING SAID COUNTY ROAD NO. 286, A DISTANCE OF 1552.52 FEET TO A TxDOT MONUMENT WITH ALUMINUM DISC FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID U.S. HIGHWAY NO. 75, FROM WHICH A TxDOT MONUMENT WITH BRASS DISC FOUND BEARS NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, A DISTANCE OF 12.19 FEET; THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID COMMON WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF 150.17 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF 500.39 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF 400.10 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.34 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 17,008,076 SQUARE FEET OR 390.452 ACRES OF LAND. LESS AND EXCEPT: TRACT 1: 30.000 ACRES BEING A 30.000 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY, ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504 AND THE T. RATTAN SURVEY ABSTRACT NO. 782, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 148.68 ACRE TRACT OF LAND, CONVEYED TO F.A. MILLER, AS RECORDED IN COUNTY CLERK’S FILE NO. 19960321000231110, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 30.000 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND FOR THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT FOUND). SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 75, (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 322.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID CEMETERY; SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING ON THE NORTH LINE OF A 97.682 ACRE TRACT OF LAND CONVEYED TO RATTAN PROPERTIES, LTD., AS RECORDED IN VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN COUNTY ROAD NO. 284, (A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND OCCUPATION); THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE SOUTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 97.682 ACRE TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF 470.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; THENCE, NORTH 13 DEGREES 05 MINUTES 58 SECONDS EAST, OVER AND ACROSS SAID 148.68 ACRE TRACT, A DISTANCE OF 2131.68 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTH LINE OF A 33 ACRE TRACT OF LAND CONVEYED TO MIXON REALITY CO., AS RECORDED IN COUNTY CLERK’S FILE NO. 20110407000364750, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, ALONG SAID COMMON LINE, A DISTANCE OF 587.47 FEET TO A TxDOT MONUMENT WITH ALUMINUM DISC FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID U.S. HIGHWAY NO. 75, FROM WHICH A TxDOT MONUMENT WITH BRASS DISC FOUND BEARS NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, A DISTANCE OF 12.19 FEET; THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID COMMON WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF 150.17 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF 500.39 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF 400.10 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER; SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.34 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 1,306,800 SQUARE FEET OR 30.000 ACRES OF LAND. EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (i) street, roadway and sidewalk improvements, including related drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) drainage improvements and facilities; (iii) parks, trails and recreational facilities improvements; (iv) projects similar to those listed above authorized by the Act, including similar off-site projects that provide a benefit to the Property within the District; (v) acquisition of real property, interests in real property, or contract rights in connection with each Authorized Improvement; (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) payment of costs associated with operating and maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of establishing, administering, and operating the District, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (viii) above (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. . Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $50,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer. Item No. 7.l. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Joey Grisham AGENDA ITEM: Conduct a Public Hearing and Consider/Discuss/Action on a Resolution regarding the creation of the AnaCapri Public Improvement District and ordering public improvements to be made for the benefit of such district. (Director of Economic Development Joey Grisham) SUMMARY: The next steps in the creation of the AnaCapri Public Improvement District are: conducting a Public Hearing and consideration of a Resolution creating the PID. A petition to establish the PID was received by the City Secretary on February 15th. AnaCapri is a 285-acre development that will include a 2.3-acre crystal lagoon, multifamily units, single-family lots, and commercial. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth Goal 3: Anna – Great Place to Live STAFF RECOMMENDATION: Approve. ATTACHMENTS: 1.Resolution Creating the Anacapri PID v2 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS RESOLUTION NO. 2022-______ A RESOLUTION REGARDING THE CREATION OF THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on February 15, 2022, there was submitted to and filed with the City Secretary of the City (the “City Secretary”) pursuant to the Act that certain "Petition to Establish Anacapri Public Improvement District" (the "Petition") requesting the establishment of a public improvement district covering approximately 284.952 acres located within the City as described in the Petition and Exhibit A attached hereto (the “Property”), and to be known as the "Anacapri Public Improvement District " (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on April 12, 2022, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than fifty percent (50%) of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the Property within the District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council Section 4. The City Council hereby authorizes and directs the City Secretary, on or before April 19, 2022, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 12TH DAY OF APRIL, 2022. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY T "I 2 2.192 AC all that certain lot, tract or parcel of land, situmed in the Jobn Ellett Sunmy, Abstract Number 296, Collin County, Texas, and being part of that certain tract of laud described by deed W QJR Fartnership LTD, recorded in Insttvtnent Number 20020214000237330, Real Property Re -,Ms, Collin County, Texas and being more partiaAwly described as follows, BEGINNING at a 5!8" capped rebar found stamped "UA Surveying', at the northeast corner of a certain tract of land, described by deed to Bloomfield Homes LP, recorded in lnst ument Number 20200117000076380, Real Property Records, Collin County, Texas, and being the northwest corner of a certain tract of land, described by deed to Oakwood Village Apartments Inc., recorded in Instrument Number 20171201001594200, Real Property Records, Collin County, Texm, and being in the south line of said QJR tract; THENCIF N 8V54'18" W, with t'he south Ilne of said OJR tract, and the north line of said Bloomfield tact, a distance of 40.12 feet; THENCE Northwesterly, with the are of a curve to the left„ having a radius of L 140,00 feet, a central angle of 15'38'2(r, and an are length of 311.16 feet, whose thord bears N O6'S5'26" Ohl, 310.20 feet; THENCE Northwestcrly, with the arc of a curve to the right} having a radius of 1260.00 feet, a central angle of 13`12'4V, an arc length of 290.53 feet „Arose chord bears N 08'08'15" W, 289,89 feet to the north line of said Qa caret} mod the south line of that certain tract of land, described by deed to DR Horton -Texas LTD, recorded in Instrument Number 20210212000310470, ll.eal Property Records, Collin County, Texas; THENCE N 89*23'38" E, with the north line of aa.id QJR tract, and tht south line of said DR Morton -Texas LTD, a distance of 120.02 feet, from which a 5/8" capped rebEir found at the southeast corner thereof, being the northeast coraer of said QJR tract, and being on the west line of that certain tract of land described by deed to Kay= Holdings LLC, recorded in instrument Number 20190807000946750, heal Proptrty Rrds, Collin County, Texas; THENCE Southeaswrly with the are of acme to the lets having a radius of 1140.00 feet, a central angle of 13*WST, an arc length of 260.93 feet, and whose chord bears S 0MV11" E, a distance of 260,36 feet; THENCE southeasterly with the arc of a curve to the right, having a radius of 1260,00 feet, a central a n gle of 00'58'25", a n a rc length of 21.41 feet, a n d whose chord bea rs 5 14'15'23" E, a distance of 21.41 feet to the common fine of said QJR tract and said lCayasa Holdings tract; THENCE 5 01'16'34" W, with the common line of said QJR tract and said Kayesa Holdings tract, a dtsu=e of 745.53 feet to the POINT OF BEG INNI NG and contai aing approximately 2.192 acres of land. Tract 3 2.M AG all that certain let, tract nr parcel of land, situated in the EU W_ Wirt Survoy, Absrract Number 997, Collin County, Texas and being part of that certain tract of land, described by deed to DR HortonTexas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas, and being more particularly described as follows, COMMENCING at a 5f8"capped rebar found stamped "UA Sur+reyine, at the northeast corner of a certain tract of laud, described by deed to Bloomfield Haynes LP, recorded in Instrument Number 20200117000076380, Real Property Records, Collin County, Texas, and being the northwest comer of a certain tract of land, described by deed to Oakwood Vi Ilage Apartments Inc., r orded in Instrument Number 2.0171201001594200, Real Property Records, Collin County, Texas, and being in the south line of that certain tract of land described by deed to QJR Pammship LTD, recorded in L tshument Number 2002U214000237330, Real Property Records, Collin County, Texas; THENCE 5 89' 14'43" E, with the north line of said Oakwood Village Apartments tract, and said CIJR tract, a distance of 33.88 feet to a 1" rebar found at the southeast corner thereof, and being an the west line of that certain tract of land described by deed to Knyasa Holdings LLC, recorded in Instrument Plumber 20190807000946750, Read Property Records, Collin County, Texas; THENCE N 01'16'34" E, with. the common llne of said Kayasa tract, and said CUR tract, a distance of 1024.56 feet to a 51V tapped rebar fou n d at the northeast earner thereof, and being the soutda~-ast corner of said DR Horton -Texas tract: THENCE 5 89'23'38" W, wlth the common line of said QJR tract, and salfd DR Horton -Texas tract, a distance of 48.56 feet to the POINT OF BEGINNING; THENCE 5 89'23'38" W, with the common line of sald 4JR tract, and said DR Horton -Texas tract, a distance of 120,02 feet; THENCE over, across and through said DR Morton -Texas tract the following; Northwesterly with the arc of a curve to the aright, having a radius of 1260.00 feet, a central angle of 02'48'28', an are length of 61,75 feet, and whose chord bears N 00"07'41" W, a distwee of 61.74 feet; N 01'16'34�, a distance of 478.02 feet; Northeasterly with the arc of a curve to the left, leaving a radius of 1140,00 fret, a central angle of 01'Wor, an arc length of 39.51 feet, and whose chord bears N 00917'00" E, a distance of 39.50 feet; N 00"42'34" W, a distance of 475.25 feet, Northeasterly with the arc of a curve to the right, having a radius of 1140.00 feet, a oentral angle of 03"35'2r, an arc length of 71.42 feet, and whose chord bears N 89'ii4'31" E, a distanu of 7LAI feet; 5 89'07'47" E, a distance of 48.61 feet, from which a 112" capped rebar found stamped "JBI" at an, outer ell comer of said DR Dorton -Texas tract bears N 4.9'15'11' E, a distance of 90,49 feet, S OW42' 34" E, a d Mance of 475.25 feet, Southwesterly with the are of a curve to the right, having a radius of 1260-00 feet, a central angle of 01"59'08", an arc length of 43.66 feet, and whose chard HH�-ars S 00017'00" W, a distance of43.66; 5 01'16'34" W, a distance of 47&02 feet; Southeasterly with the arc of a curve to the left, having a radius of 1140.00 feet, a central angle of 02"54'19", an art length of 57.91 feet, and whose chord bears 5 W10'36" E, a distance of 57,80 feet to the POINT OF BEGINNING ar)d containing approximately 2.949 acres of ]aF d- LEGAL DESCRIPTION Trait 4 0.590 Ac BEING all that certain lot, tractor parcel of land, situated in the Eli ►) Witt Survey, Abstract Number 997, Collin County, Texas and berm part of that certain tract of land, described by deed Anna Texas Land Ltd, retarded in 20140718000750370, Real Proparty Records, Collin Crnmty, Texas and being more particularly described as follows: BEGINNING at a 1/2" rapped rebar set stamped "MCADAMS' at the northwest comer of said Anna Texas Land tract, and being on the east line of that certain tract of land, described by deed to DR Horton -Texas LTD, recorded in Instrument Number 20210212000310470, meal Property Records, Collin County, Texas and being the southwest corner of that certain tract of land, described in deed t* Anarapri Laguna Aaure, LL , recorded in 20210819001679920, Real property Records, Collin Crnmty, Texas; THENCE S 88"24'0?" E, with the common line of aid Anna Texas Land tract, and said Anampri Laguna Amm treat, a distmee of 40,15 feet; THENCE S 00°34'W E, a distance of 641.93 feet; THENCE N 89007'47" W, a distance of 20.19 fee#; THENCE Northwesterly with the arc of a curve to the left, having a radius of 1260,00 fear a central angle of 001545", an are length of 19.82 feet, and whose chord bears N 89134'S0" W, a distance of 19.82 feet to the common line of said Anna Texas Land tract, and said DR Horton - Texas tract, from which a 112" capped rehar found slamped "JBI" at a southwest corner of said Anna Texas Land tract bears S 00034'OV E, a distance of 20,17 feet; THENCE N 00034'00' W, with the common line of said Anna Texas UA tract, and said DR Horton -Texas tract, a distance of 642.60 feet to the POINT OF BEGINNING and containing approximately 0.590 acres of land, LEGAL DESCRIPTIONi Tract 5 1.290 ,At MING all that certain lot, tract or parcel of land, situated in the Eli W, Witt Survey, Abstract Number 997, Collin County, Texas and being part of that ceruaun tract ref land described by deed to DR HortonTexas LTD, recorded in Instrument Number 20210212000310470, Real Property Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 112" capped rebar set stamped "MCADAMS" on the east line of said DID Horkm-Texas tract, and being the southwest comer of that certain tract of 1 and, described in deed to Anacapri Laguna Azure, LLC, recorded in 20210819001679920, Real Property records, Collin County, Texas, and being the northwest corner of that certain tract of land, described in deed to Anna Texas hand Ltd, recorded in 2014071 M7570, Real Property records, Collin County, Texas; THENCE S OV34'00" F, with the coumon line of said .Anna Texas Land tract, and said DR Horton -Texas tract, a distance of 642.60 feet to a point, from which a 1/2" capped rebar found stamped "Mr at the southwest corner of the aforementioned Anna Texas Lend tract bears S 00°34'DW E, a distance of 20.17 feet; THENCE Southwesterly with the arc of a mauve to the left, having radius of 1260.00 feet, a central angle of 01 VOW, an arc Length of 40.00 feet, and whose chord bears S 89°03'34" W, a distance of 40.00 feet; THENCE N 0011-34'00" W, a distance of 1404.42 feet to a north line of said DR Horton -Texas tract, and being on a southwest line of said Anacapri Laguna Azure tract; TH ENCE N 88020'56" E, with the common line of said DR Horton -Texas tract, and said Amacapri Laguna Azure tract, a distance of 40,01 feet, to a 1 /2" capped rebar found at a northeasterly corner thereof; THENCE S W34'OO" E,, with the con non line of said DR Horton -Texas tract, and said Anacapri Laguna Azure tract, a distance of762.12 feet to the POINT OF BEGINNING and containing approximately 1.290 acres of land, PID LEGAL DESCRIPTION 97.716 Acres Phase Icy,10, IC BEI NG, all that certain lot, tract, or parcel of land, situated in the F. Dafrau Survey, Abstract Number 288, Collie County, Texas, and being part that certain called 111.666 we #tact of land, described in deed to Oakwood Village Apartments, recorded in Instrument Number 20171201001594200, Official 1Public Records, Collin County, Texas, and being part of that certain 60.549 =t traet of land, described indeed to Two-) Partners. recorded in Instrument Number 20080509000562490, Official Public Records, Collin County, Texas, and being part of #brat certain called 51,195 acre tract of land described in deed to Two-J Partners, recorded in Instrument Number 20080509000562500, Official Public Records, Collin County, Texas: BEGINNING at a 1" pipe found at the northeast comer of said 60.549 acre tract, being the approximate northeast miner of said Mffau Survey, being the northwest corner of that certain tract of land, described in deed to Jose FwAmdo and wife, Josef= O. Facundo, recorded in Volume 4625, Page 759, Deed Records, Collin Coumly, Texas, and being on the south line of County Raad 370, and flit south tine of a variable width right-of-way dedication, as dedicated by mtl.m.M's cmlul augcok 31.SS3t., so w outgo qNS 33OW auq Woo; Wap Pcau N N^Wwswlr'a^!W JR me ok,sspw... W WDROTS ONAMS auq!OMakTWO 'N Now V ,ryc*gmk aJ ahslw Utnu+suoc'ata cmncW Wx uHyY. H 30.31,20., M' s 41MUa at 33TS1 off Jos W. csbaW WPOL 2W xpwbW 12.13.n.M'sq!omm%M22 WaLao a 11S. MOON [¢Pa[ xw xnwb¢q.gg gquxa ®pq wlg¢atU j.M-sun[I¢u8W o1 P38'W WN auo mpon 4a[q pow plogpmayoll m{W gm x at VAR awns m at PWV "W p a Wglm at ISOO'W Test a w s mlal atamunuae at V c To Wa pu: N oo,op „f aclaW colU8'3S goes a M cobMq WOOL n[ 4awbsq,ylrygaa, 1NEM[E ana'eo[ea'no9 Wwn8pmq lll'PQQ ow¢lucY WC PIIom!U8: Ug s[lcnuq cinnuawpmx y 2gaT,r 0'2 Pcd NccwgYConuW lwt Pow N B&sd.3d. 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Cebbeq RPsx xR Mwbcq„ gPigvz„: PID LEGAL DESCRIPTION 179373 Acres Phase III BEINd all that oertain lot, tract, or parcel of land, situated in the Eli _ Witt Survey, Abstract Number 997, and the S. K Roberts Survey, Abstract Number 786, Collin County, Texas, and being all of that certain called 80.000 acre tract of land, debed in deed to Anacapri Laguna Afurc. LLC, recorded in Document Number 20210819001679940, Real Property Records, Collin Cowy, Texas, and being all of that certain called 95,444 acre tract of Iaad described in deed to Anacapri Laguna Azure, LL , recorded in Document Number 20210819001679920, Deal Property Records, Collin County, Texas, and being more particularly described as follows; BEGINNING, at PK Nail found in at the irdersection of County road No. 369, and County Road No. 371, and being the northwest corner of that certain tract of land described indeed to HowW J Cox etal, recorded in Volume 1995. Page 577, Deed Records, Collin County, Texas; THENCE S 01"29'21" W, with the east line of said 80.000 acre tract, and with the approximate center of the abandoned county road 369, a distance of 3021.11 feet to a 1l2" rebar found (disturbed), and being the northeast corner of that certain tract of land, described in deed to Anna Texas Land, LTD, recorded in Document Plumber 20140718000750570, Real Property Records, Collin County, Texas; THENCE N 98"29'03b W, with the north line of said Anna Texas Land tract, and the south line of said 80.DD0 acre tract, passing at a distwyx of 1211.75 feet the southwest corner thereof, and being the southeast corner of said 95.444 acre tract, continuing with the south line thereof, a total distance of 1904.50 feet to a Ur capped rebar set stamped 'MCADAMS" on the east Line of that certain tract of land, described in deed to DR Horton -Texas LTD, recorded in Document Number 20210212WM310470, heal Property Records, Collin County, Texas; THENCE with the cvmmon line of said 95,444 acre tract, and said DR Hunan -Texas tract. the following: N 00134'00" W, a distance of 762.32 feet to a 112" capped rebar found; 88"20'56" W, a distance of 967A9 feet; N 00°46'28" W, a distance of 1103A4 £cot; N 4l'17'06' W, a dis-tance of 1185.78 feet to a point in the approximate center of County Road 371; THENCE S 891IT15P F, with the north line of said 95.444 acre tract, and with said County Road 371, a distarce of 1496.53 feet; THENCE S 98041'44" E, with said Country Road 571, and with the north line of said 95,444 acre tract of land, passing at a distance of 190.26 feet a PK nail found at the northeast corner thereon and being the northwest corner of said 80.DW acre tract, and continuing with the north line thereof, a total di stance of 591.09 feet to a PK Nail found; THENCE S 58038'19r" F, with the north line of said 80.000 acre tract, and said County Road 371, a distance of 910.94 feet to the POWF OF BEGI ING and containing approximately 179.573 acres of land_ EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (1) landscaping; (2) erection of fountains, distinctive lighting, and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of-way, including related landscaping, lighting, traffic control devices, screening walls and retaining walls; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of off-street parking facilities; (7) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (8) the establishment or improvement of parks; (9) projects similar to those listed in (1)-(8); (10) acquisition, by purchase or otherwise, of real property or contract rights in connection with an authorized improvement; (11) special supplemental and maintenance services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, roadways, public safety, security, business recruitment, development, recreation, and cultural enhancement (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $58,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property and potential tax increment reinvestment zone revenues. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer, and possible tax increment reinvestment zone revenue. Item No. 7.m. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact:Joey Grisham AGENDA ITEM: Consider/Discuss/Action on a Resolution entering into a Development Agreement with PC5 Properties, LLC, for the Anna Business Park. (Director of Economic Development Joey Grisham) SUMMARY: This Agreement sets building standards for the Anna Business Park. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy STAFF RECOMMENDATION: Approve. ATTACHMENTS: 1.Resolution - DA PC5 Properties C03029D20220318CR1 APPROVALS: Joey Grisham, Economic Development Director Created/Initiated - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH PC5 PROPERTIES, LLC WHEREAS, PC5 Properties, LLC, a Texas limited liability company (“Developer”) is under contract to purchase 81.893± acres of real property described and defined as “Property” in the Development Agreement attached hereto as Exhibit 1 (the “Agreement”); and WHEREAS, the City and Developer have agreed to building standards that shall apply to the Property in the event that Developer acquires the Property; 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 Subject to approval as to legal form by the City’s legal counsel, the City Council hereby approves the Development Agreement with PC5 Properties, LLC, attached hereto as Exhibit 1, and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 12th day of April 2022. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor Item No. 8. City Council Agenda Staff Report Meeting Date:4/12/2022 Staff Contact: AGENDA ITEM: Closed Session (Exceptions). 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 - 4/8/2022 Jim Proce, City Manager Final Approval - 4/8/2022