HomeMy WebLinkAbout2018-08-28 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, August 28, 2018 @ 6:30 P M
A nna City Hall, Council Chambers
111 N. P owell P arkway, Anna, Texas 75409
T he City Council of the City of Anna will meet in Work S ession at 6:30 P M, on August
28, 2018, at the Anna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to
consider the following items.
1.Call to Order, Roll Call and Establishment of Quorum
2.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate E conomic 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 C ity is
conducting economic development negotiations; or (2) To deliberate the offer
of a f inancial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
The Council further reserves the ri ght to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
3.Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the C ity of A nna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(I f there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
4.A djourn. There being no f urther business bef ore the Council, we will consider this
meeting adjourned at ___________ p.m.
T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place
readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at
or before 5:00 p.m. on A ugust 23, 2018.
___________________________________
Carrie L . S mith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session c oncerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate
arrangements can be made.
AGENDA
Regular City Council Meeting
Tuesday, August 28, 2018 @ 7:30 P M
A nna City Hall, Council Chambers
111 N. P owell P arkway, Anna, Texas 75409
T he City C ouncil of the City of A nna will meet in Regular Session at 7:30 P M, on August
28, 2018, at the Anna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to
consider the following items.
Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of
attendance. If you wi sh to speak on an open-session agenda i tem, please fill out the
Opinion/Speaker Registration Form and turn it in to the Ci ty Secretary before the
meeting starts.
1.Call to Order, Roll Call and Establishment of Quorum.
2.I nvocation and P ledge of A llegiance.
3.Citizen Comments.
Citizens are allowed three mi nutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual informati on in
response to a citizen's inquiry or to reci te existing poli cy i n response to the
inquiry.
4.Receive reports from Staff or the City Council about items of community interest.
Items of communi ty i nterest include: expressions of thanks, congratulations, or
condolence; i nformation 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 publ ic empl oyment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or communi ty 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.Proclamation - Constitution Week.
a
b.Proclamation - P ain Awareness Month
a
5.Consent I tems.
These items consist of non-controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a.Approve Council Meeting Minutes for August 14, 2018. (City S ecretary)
a
b.Approve a Resolution approving and authorizing the C ity Manager to purchase
Self Contained Breathing A pparatus for the F ire Department. (Chief Gothard)
a
c.Approve a Resolution authorizing the City Manager to purchase a mini-
excavator and accessory items. (J oseph J ohnson)
a
d.Approving a Resolution approving a Special E vent P ermit for Harvest F est to
be held on October 27th, 2018. (Maurice Schwanke)
a
e.Approve a Resolution approving the Special Events Permit for a
Homecoming P arade. (Maurice S chwanke)
a
6.Conduct a P ublic Hearing on the P roposed 2018 Tax Rate. (Dana T hornhill)
a
7.Consider/Discuss/Action regarding a R esolution authorizing the C ity Manager to
execute an engineering task order with Birkhoff, Hendricks & Carter, L L P f or the
Ferguson Parkway Project. (J oseph J ohnson)
a
8.Consider/Discussion/A ction on a Resolution Approving the F irst Amended and
Restated S ubdivision I mprovement A greement with the Villages of Hurricane
Creek and authorizing the C ity Manager to execute all documents and to take all
other actions necessary to finalize the agreement. (Maurice Schwanke)
a
9.Consider/Discuss/Action of a R esolution of reinstatement for the P reliminary P lat
of the Villages of Hurricane Creek. (Maurice Schwanke)
a
10.Consider/Discuss/Action on a Resolution to authorize the City Manager to execute
an L ocal Maintenance Agreement (L MA ) for the Green Ribbon P rogram by Texas
Department of Transportation (T X D O T ). (Maurice S chwanke)
a
11.Consider/Discuss/Action on a Resolution appointing a C ity Manager and approving
a City Manager employment agreement.
a
12.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071); dispute regarding damage to City utility facilities.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate E conomic 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 C ity is
conducting economic development negotiations; or (2) To deliberate the offer
of a f inancial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
The Council f urther reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings A ct.
13.Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the C ity of A nna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(I f there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
14.A djourn. There being no f urther business bef ore the Council, we will consider this
meeting adjourned at ___________ p.m.
T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place
readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at
or before 5:00 p.m. on A ugust 24, 2018
___________________________________
Carrie L . S mith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session c oncerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate
arrangements can be made.
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
P roclamation - Constitution Week.
S UM M ARY:
Daughter's of the A merican Revolution, J ohn F. Greer Chapter, Anna T X
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Proclamation Constitution Week 7/16/2018 Presentation
ProclamationProclamationProclamationProclamation
by the
Mayor of the City of Mayor of the City of Mayor of the City of Mayor of the City of AnnaAnnaAnnaAnna, Texas, Texas, Texas, Texas
To all to whom these presents shall come,
Greetings:
WHEREAS, The Constitution of the United States of America, the guardian of our liberties,
embodies the principles of limited government in a Republic dedicated to rule by
law; and
WHEREAS, September 17, 2018, marks the two hundred thirty-first anniversary of the framing
of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document
and its memorable anniversary, and to the patriotic celebrations which will
commemorate it; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23
as Constitution Week.
NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby declare and proclaim
September 17-23, 2018 as
“CONSTITUTION WEEK”
and ask our citizens to reaffirm the ideals the Framers of the Constitution had
in 1787 by vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the official seal of the City of Anna, Texas to be
affixed this the _________ day of
____________________, 2018.
_____________________________________
NATE PIKE, MAYOR
ATTEST:
CARRIE SMITH, CITY SECRETARY
BY: ________________________________
Item No. 4.b.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
P roclamation - Pain Awareness Month
S UM M ARY:
U.S . P ain F oundation
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Proclamation 8/22/2018 Exhibit
Pain Awareness Month
Proclamation for September, 2018
WHEREAS
pain is a major public health problem for children and adults and is the number one reason Americans seek
medical care
WHEREAS
the Institute of Medicine has found that 100 million Americans live with chronic pain as a result of serious
illnesses and injuries
WHEREAS
chronic pain costs the nation an estimated $560 to $630 billion annually in medical expenses, lost wages and
lost productivity
WHEREAS
pain negatively impacts almost every aspect of a person’s life including the ability to work, sleep, and engage
in social activities as well as adversely impacts pain sufferers’ families and caregivers
WHEREAS
the U.S. Pain Foundation’s mission is to educate, connect, inform, empower, and advocate on behalf of our
over 80,000 members throughout the country and all those who live with chronic pain
WHEREAS
the U.S. Pain Foundation provides education on pain management skills and constructive ways to cope with
pain and find fulfillment in life
WHEREAS
increased awareness about the effects of chronic pain result in better outcomes, increased access to good
pain care, and empowerment and validation for those living with pain
NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, do hereby proclaim September, 2018 as Pain
Awareness Month.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Anna to
be affixed.
DONE at the City Hall in the City of Anna on this 28th day of August in the year 2018.
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
A pprove Council Meeting Minutes for A ugust 14, 2018. (City Secretary)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Work Session 8/22/2018 Exhibit
Regular Session 8/22/2018 Exhibit
A NNA C I T Y C O UNC I L
M I NUT E S
W O R K S E S S I O N
August 14, 2018
T he City Council of the City of Anna met in Work S ession on the above date at A nna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1.Call to Order, Roll Call and E stablishment of Quorum
Mayor Pike called the meeting to order at 6:43 p.m.
Council Member Reeves was absent.
2.Briefing/Discussion regarding a proposed project to add a City logo to the
Hackberry E levated S torage Tank. (J oseph J ohnson)
3.Discussion on requiring residential solid waste customers to bag their
trash.
A t the last city council meeting, a discussion ensued related to
requiring residents to bag their trash prior to placing it in their city issued trash
receptacle. This discuss grew out of concerns related to trash trucks leaking waste
onto city roadways as well as odor and litter control.
Based on council's direction, staff is recommending an ordinance change to,
Part II General Ordinance Section 6 - Garbage and Refuse Service, to include
specific language that requi res residents to bag their trash pri or to placing it in
the ci ty issued pol ycart receptacle. Staff has provided language for the council's
consideration below:
6.06 Containers to be kept sanitary and secure:
All solid waste placed in the city issued residenti al polycart container must be
contained in either plasti c or paper bags to prevent odors and to prevent the
contents from blowing out of the container when the container is being emptied.
S taff was directed to explore other options.
4.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071); City ordinance compliance, Municipal Court of Record.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate E conomic 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 C ity is
conducting economic development negotiations; or (2) To deliberate the offer
of a f inancial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
MO T I O N: C ouncil Member Miller moved to enter closed session. Council
Member B ryan seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 7:06 p.m.
Mayor Pike reconvened the meeting at 7:30 p.m.
The Council further reserves the ri ght to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
5.Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the C ity of A nna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
No Action
6.A djourn. There being no f urther business bef ore the Council, we will consider this
meeting adjourned at ___________ p.m.
Mayor Pike adjourned the meeting at 7:30 p.m.
Approved on the August 28, 2018.
________________________
Mayor Nate Pike
AT T E S T:
__________________________
City Secretary Carrie L . Smith
A NNA C I T Y C O UNC I L
M I NUT E S
R E G UL A R S E S S I O N
August 14, 2018
1.Call to Order/Roll Call and E stablishment of Quorum
Mayor Pike called the meeting to order at 7:31 p.m.
A ll Members were present.
2.Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and pledge.
3.Citizen Comments.
Citizens are allowed three mi nutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual informati on in
response to a citizen's inquiry or to reci te existing poli cy i n response to the
inquiry.
W illiam Morgan, requested Council adopt the effective tax rate. He opposed the
layout of F erguson Parkway and suggested it be moved further east. Mayor Pike
stated that he and staf f met with the L uscombe's and are looking at other options
for the road way.
4.Receive reports from Staff or the City Council about items of community
interest.
Items of communi ty i nterest include: expressions of thanks, congratulations, or
condolence; i nformation 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 publ ic empl oyment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or communi ty 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.
I nterim C ity Manager Schwanke recognized F inancial D irector T hornhill for all her
hard work on the budget and for receiving the Government F inancial Officer's
A ssociation award.
Council Member Tutson thanked the fire and police departments for their
outstanding services. He noted his daughter Tomia was voted top athlete in the
news for 2018.
Council Member Reeves thanked the f ire and police department for going above
and beyond to save his family and house after a house fire.
5.Consent Items.
These items consist of non-controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
Consent I tems F and G were removed.
Consent I tem H was deleted.
MO T I O N: C ouncil Member Beazley moved to approve a, b, c, d, and e. Council
Member Tutson seconded. Motion carried 7-0.
a.Approve City Council Meeting Minutes for J uly 24, 2018. (City Secretary)
b.Approve a Resolution for the City Manager to authorize a request by the police
chief to purchase (1) F aro 3 D Crime S cene Mapping and P hotograph
System. (Chief Caponera)
The F aro 3D C rime Scene Mapping and P hotograph S ystem was a requested
supplemental budget item f or the F Y 19 B udget. C ouncil approved a budget
reallocation to purchase this equipment in F Y 18.
P er our purchasing policy, any purchase over $50,000 must be approved by
Council. T his purchase is $59,997.54 and will be purchased f rom FA R O,
I ncorporated using the G S A Purchasing Cooperative.
A RE S O L UT I O N O F T HE C IT Y O F ANNA, T E X AS AP P RO V ING AND
AUT HO RI ZI NG T HE C I T Y M ANAG E R T O P URC HAS E A FARO 3 D C RIM E
S C E NE M AP P I NG S Y S T E M AND AC C E S S O RY I T E M S F RO M FARO
T E C HNO L O G I E S , INC O RP O RAT E D T HRO UG H T HE G S A C O O P E RAT IV E
P URC HAS ING S Y S T E M .
c.Approve a resolution authorizing the City Manager to enter into a I nter-local
Agreement between the City of Anna and North C entral Texas Council of
Governments for the purposes of obtaining 9-1-1 data for distribution to
Hyper-Reach. (Chief Caponera)
This I L A allows the NC T C O G to release pertinent 9-1-1 data to the C ity of Anna
and its third party vendor - Hyper-Reach - f or the purposes of establishing a
baseline database for emergency communications.
A RE S O L UT I O N O F T HE C IT Y O F ANNA, T E X AS AP P RO V ING AND
AUT HO RI ZI NG AN AG RE E M E NT B E T WE E N T HE C I T Y O F ANNA AND
NO RT H C E NT RAL T E X AS C O UNC I L O F G O V E RNM E NT S (NC T C O G).
d.Authorize the City Manager to solicit bids for the 2018 A nnual Street
Rehabilitation P roject. (J oseph J ohnson)
The current f iscal year budget includes funds for the annual rehabilitation of existing
asphalt streets. S taff has worked with our engineering group to develop plans for
drainage improvements to Easton, 4th, 3rd and 2nd streets including asphalt
replacement f or 4th and E aston streets. T his project was originally scheduled for
2017 but was delayed a year so that design could continue and appropriate funding
would be available to complete both the paving and the drainage improvements.
The P roject is expected to cost approximately $211,000. F unding is available for
the project in excess of this amount in the C apital I mprovements - S treets line item.
A dditional streets may be added to the project as an alternate bid.
e.Approve a resolution approving the “Milam Addition” development plat.
(Maurice Schwanke)
The property is located within Anna’s extra territorial jurisdiction and is generally
known as 9967 Twin C reeks Circle. T he tract is in the E zra S helby S urvey,
A bstract No. 839 and contains 1.627 acres of land. The owner is f iling the plat to
approve the 10’ x 25’ building and other additions to an existing structure that he
already built on the property. The submittal meets the C ity of A nna development
plat requirements.
f.Consider/D iscuss/A ct: Request C ity C ouncil’s consideration and any action
regarding approval of the application for participation in the L aw Enforcement
Support Office (L E S O) Program with Defense L ogistics Agency and approval
of the S tate Plan of Operations with the S tate of Texas to allow the Police
Department to utilize surplus military property at no cost to the City and
authorize the City Manager to execute same. (Chief Caponera)
This item is required to update our agreement in the L E S O program (formerly
known as 1033 program). T his annual renewal must be completed to continue our
involvement in the program.
A RE S O L UT I O N O F T HE C IT Y O F ANNA, T E X AS G RANT ING AP P RO VAL
O F T HE AP P L IC AT I O N F O R PART IC I PAT I O N IN T HE L AW
E NF O RC E M E NT S UP P O RT O F F IC E (L E S O) P RO G RAM WIT H D E F E NS E
L O G IS T IC S AG E NC Y AND AP P RO VAL O F T HE S TAT E P L AN O F
O P E RAT I O NS WIT H T HE S TAT E O F T E X AS T O UT IL I ZE M IL I TARY
S URP L US P RO P E RT Y AT NO C O S T T O T HE C I T Y AND AUT HO RIZING
T HE C I T Y M ANAG E R T O E X E C UT E S AM E.
MO T I O N: Council Member B ryan moved to approve. Council Member Toten
seconded. Motion carried 7-0.
g.Approve a resolution authorizing the C ity Manager to enter into an I nter-L ocal
Agreement f or C ooperative P urchasing with the City of D esoto, Texas for the
purchase of the police records management solution (Chief Caponera).
The police department received grant funding in the amount of $139,427.00 to
purchase a new records management solution to replace its existing antiquated
system (Crime S tar). T he Police Department R MS committee looked at several
options and determined that the solution by Z uercher Technologies would be the
best option.
The City of DeSoto recently purchased the solution through Z uercher Technologies
through their competitive bid process. T he Police D epartment contacted the City
of D eSoto purchasing/finance and they agreed to allow A nna to "piggy back" on
their existing contract through a cooperative purchasing I nter-local A greement as
authorized by C hapter 791 of the Texas G overnment C ode and S ubchapter F,
Chapter 271 of the Texas L ocal Government Code, specifically S ection 271.102.
This request helps f urther the C ity's Strategic Plan of creating collaborative
partnerships with other entities and by promoting f iscal responsibility and
transparency.
The I L A has been reviewed by the City Attorney and was approved as to form.
A RE S O L UT I O N O F T HE C IT Y O F ANNA, T E X AS AP P RO V ING AND
AUT HO RI ZI NG T HE C IT Y M ANAG E R T O E NT E R I NT O AN AG RE E M E NT
B E T WE E N T HE C I T Y O F ANNA AND C IT Y O F D E S O T O, T E X AS F O R
C O O P E RAT IV E P URC HAS I NG AS AUT HO RIZE D B Y S E C T IO N 271.102 O R
T HE T E X AS L O C AL G O V E RNM E NT C O D E .
MO T I O N: C ouncil Member B eazley moved to approve. Council Member B ryan
seconded. Motion carried 7-0.
h.Consider/Discuss/A ct: O n a resolution authorizing the City Manager to enter
into an I nter-L ocal A greement for Cooperative P urchasing with the City of
Desoto, Texas for the purchase of the police records management solution
(Chief Caponera).
I tem was deleted from agenda.
6.Consider/Discuss/Action regarding a Resolution naming the date and place
of a public hearing on the F Y 2018-2019 budget. (Dana T hornhill)
a
S ection 7.02 of the C ity C harter states that on or bef ore the 15th day of A ugust of
the fiscal year, the C ity Manager must submit to the C ity C ouncil a budget f or the
ensuing fiscal year; and at the C ouncil meeting when the budget is submitted, the
City Council must name the date and place of the public hearing on the budget.
S taff recommends approval of the attached Resolution that sets September 4,
2018 at 6:30 p.m. as the date and time f or the public hearing on the F Y 2018-2019
budget, said hearing to be held in the C ity C ouncil Chambers of the Municipal
B uilding located at 111 N. P owell Parkway in A nna, Texas. T he R esolution further
directs that notice of the time and place of the public hearing be published in the
official newspaper of the City as required in S ection 7.05 of the Charter.
A RE S O L UT I O N O F T HE C I T Y O F ANNA, T E X AS, NAM ING T HE D AT E
AND P L AC E O F A P UB L I C HE ARI NG O N T HE F Y 2018-2019 B UD G E T.
MO T I O N: C ouncil Member B eazley moved to approve. Council Member B ryan
seconded. Motion carried 7-0.
7.P resentation of the proposed F Y 2018-2019 Budget. (Dana T hornhill)
a
8.Consider/Discuss/Action regarding a Resolution naming the maximum tax
rate the Council may adopt for the 2018 tax year and setting dates and times
for public hearings on the tax rate. (Dana T hornhill)
a
E ach year after properties are appraised by the Collin County A ppraisal District the
Collin County Tax Of f ice calculates both the ef f ective tax rate and the rollback tax
rate f or the City of A nna as part of the service to collect taxes for the City. T he
following definitions are provided from the Texas Comptroller's Office:
E ffective tax rate: T he effective tax rate is a calculated rate that would provide the
taxing unit with about the same amount of revenue it received in the year before on
properties taxed in both years. I f property values rise, the ef f ective tax rate will go
down and vice versa.
Rollback tax rate: The rollback rate provides the taxing unit with about the same
amount of tax revenue it spent the previous year for day-to-day operations, plus an
extra 8 percent increase f or those operations, in addition to sufficient f unds to pay
debts in the coming year. I f a taxing unit adopts a tax rate higher than the rollback
rate, voters in the taxing unit can circulate a petition calling for an election to limit the
size of the tax increase.
The proposed budget is supported by a tax rate of $0.601288 which is equivalent
to the current tax rate. S ince the tax rate recommended to fund the proposed
budget exceeds the effective tax rate, the Council must give notice of its intent to
consider an "increase" in taxes and set the times and places for the two required
public hearings. T he following table is a comparison between the proposed tax
rate, last year's rate, the effective rate and roll-back rate.
Proposed F Y 2018 Tax Rate $0.601288 per $100
Preceding F Y 2017 Tax Rate $0.601288 per $100
Effective Tax Rate $0.536478 per $100
Rollback Tax Rate $0.624613 per $100
The effective tax rate is lower than the current rate because the value of properties
taxed in both years has increased.
A pproval of the attached Resolution would set $0.601288 as the maximum rate the
Council will consider after the required public hearings. T he C ouncil may adopt any
rate lower than the rate voted on tonight, but not higher. T he Resolution also calls
for the public hearings to be held on August 28th at 7:30 P.M. and on September
4th at 6:30 P.M. T he public hearing notice will run in the Anna Melissa Tribune on
A ugust 16th.
The budget and tax rate are scheduled for adoption at the September 12th Council
meeting. Since the proposed tax rate is higher than the effective rate, section
26.05 of the Texas Tax Code requires a minimum of 60% of the Council members
to vote in favor of that rate. T hat would require at least 5 Council members to vote
in favor of the proposed tax rate.
A RE S O L UT I O N O F T HE C I T Y O F ANNA, T E X AS NAM ING T HE
M AX I M UM TAX RAT E T HE C O UNC I L M AY AD O P T F O R T HE 2018 TAX
Y E AR AND S E T T ING T HE D AT E S AND T IM E S F O R P UB L IC HE ARING S
O N T HE TAX RAT E
MO T I O N: Mayor Pike moved to approve. Council Member Tutson seconded.
Motion carried 6-1. Miller opposed.
9.Consider/Discuss/Action on an Ordinance defining J unked Vehicles. (Clark
M cCoy)
a
The City has a junked vehicle ordinance prohibiting persons from placing
inoperable vehicles on public or private property. I n the past, determining whether a
vehicle met the definition of a junked vehicle could depend on whether it had a
current inspection sticker. Texas is now a “single sticker” state with respect to the
required window decals and inspection stickers are no longer issued. This
ordinance amends the Anna Code to change the sticker requirement to a
registration sticker.
AN O RD I NANC E O F T HE C I T Y O F ANNA, T E X AS , AM E ND ING T HE ANNA
C IT Y C O D E O F O RD I NANC E S PART I I, ART IC L E 8, S UB S E C T I O N 1.18
G E NE RAL D E F I NI T I O NS RE L AT E D T O J UNK E D V E HIC L E S; P RO V I D ING
F O R S AV ING S, S E V E RAB IL I T Y, AND RE P E AL I NG C L AUS E S ;
AF F I RM I NG VAL I D IT Y O F PAS T AC T IO NS; P RO V ID I NG F O R AN
E F F E C T IV E D AT E ; AND P RO V ID ING F O R T HE P UB L I C AT IO N O F T HE
C AP T IO N HE RE O F.
MO T I O N: C ouncil Member B eazley moved to approve. Council Member B ryan
seconded. Motion carried 7-0.
10.First Public Hearing on a voluntary annexation of a 9.752-acre tract of land
located in the J oseph S chluter S urvey, Abstract 856. (M aurice Schwanke)
a
T h i s annexation involves approximately 9.752 acres of land within the J oseph
S chluter, A bstract No. 856. T he area involves the third phase of L akeview E states
and is located east of Ferguson Parkway and south of R attan E lementary. T he
tract is owned by P&R Anna Realty, L L C . The P &R A nna R ealty has petitioned the
City requesting the annexation (voluntary).
A second public hearing will be held during the regular City C ouncil Meetings on
S eptember 11th. A final vote on the annexation would be scheduled on September
11th after the public hearing.
P rior to the adoption of the annexation ordinance the City will need to enter into an
agreement on services to the area.
Mayor Pike opened the public hearing at 9:48 p.m.
No comments.
Mayor Pike closed the public hearing at 9:48 p.m.
11.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071); City ordinance compliance and Municipal Court of Record.
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. G ov’t Code §551.074); Council
appointments, City Manager, and related contracts and appointments.
a
d.Discuss or deliberate E conomic 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 C ity is
conducting economic development negotiations; or (2) To deliberate the offer
of a f inancial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
a
MO T I O N: Council Member B ryan moved to enter closed session. Council
Member Tutson seconded. Motion carried 7-0.
Mayor Pike closed the meeting at 9:50 p.m.
Mayor Pike opened the regular session at 11:35 p.m.
12.Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
No Action
13.Adjourn.
Mayor Pike adjourned the meeting at 11:35 p.m.
Approved on the August 28, 2018.
________________________
Mayor Nate P ike
AT T E S T:
__________________________
City Secretary Carrie L . Smith
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
A pprove a Resolution approving and authorizing the City Manager to purchase S elf Contained
B reathing Apparatus for the Fire Department. (Chief Gothard)
S UM M ARY:
I n the F Y 18 budget adjustments authorized by Council, $67,500 was set aside f or S.C.B .A.
replacements in the F ire Department. This purchase is for $67,376.
S TAF F RE C O M M E ND AT I O N:
Approve the Resolution.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
Metro F ire P rice S heet for S C B A Replacement 8/22/2018 Staff Report
RESOLUTION NO. _______ PAGE 1 OF 2
S.C.B.A. Purchase
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO PURCHASE SELF CONTAINED
BREATHING APPARATUS (S.C.B.A.) AND ACCESSORY ITEMS FROM METRO
FIRE APPARATUS SPECIALIST THROUGH BUY BOARD PURCHASING SYSTEM
CONTRACT # 524-17.
WHEREAS, a S.C.B.A. is a crucial piece of equipment needed for the Fire
Department’s fire and emergency response; and,
WHEREAS, City staff has proposed the purchase of S.C.B.A.’s and accessory items
(the “Equipment”); and
WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) finds that
the purchase of S.C.B.A.’s and accessory items for enhancing the Fire department’s
ability to more efficiently respond to fire and emergency incidents is in the interest of
the residents of the City of Anna, Texas (the “City”); and,
WHEREAS, the procurement through a purchasing cooperative complies with the
Texas Local Government Code and ensures a competitive price; and,
WHEREAS, there are funds allocated for this equipment in the 2018 Fiscal Year
budget reallocation approved by the City Council; and,
WHEREAS, the City Council desires to authorize the City Manager to purchase the
equipment;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Contract Award .
The City Council hereby authorizes the City Manager to purchase the Self Contained
Breathing Apparatus and accessory items from Metro Fire Apparatus Specialist Inc.
for a total sum of $67,376, consistent with the Buy Board Purchasing system proposal
attached hereto as Exhibit A. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to procure the equipment.
RESOLUTION NO. _______ PAGE 2 OF 2
S.C.B.A. Purchase
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
28th day of August 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
Corporate
1745 Parana Dr
Houston TX 77080-7115
(713) 692-0911 Phone
(713) 692-1591 Fax
Mansfield
625 S Wisteria St Ste 121
Mansfield TX 76063-2528
(817) 467-0911 Phone
(817) 375-1775 Fax
South Houston
514 Michigan St
South Houston TX 77587-3221
(713) 475-2411 Phone
(713) 475-2428 Fax
ORDER ACKNOWLEDGEMENT
Order Number 128696-0
Printed Date 08/16/2018
Ordered Date 08/16/2018
Page 1
Bill to:ANNA FIRE DEPARTMENT
305 SOUTH POWELL PARKWAY
ANNA, TX 75409
Ship to:ANNA FIRE DEPARTMENT
305 SOUTH POWELL PARKWAY
ANNA, TX 75409
Attn:CHIEF TIM GOTHARD
Cust Code Ordered By Salesman Job/Rel#Customer PO
ANN002 TIM GOTHARD JONATHAN MERCER PENDING
Entered By FOB Ship Via Terms
JONATHAN MERCER CUSTOMER PAYS FREIGHT BEST WAY NET 20 DAYS
Customer/Order Instructions
PRICING PER BUY BOARD CONTRACT #524-17
LOC OC Quantity
Ord Shp B/O
U/M Item #Description Price Extension
02 P 8 0 8 EA 5350.00 42800.00SCT-X361402205304
02 P 16 0 16 EA 962.00 15392.00SCT-804722-01 45 MINUTE, CARBON CYLINDER 4500 PSI
02 P 1 0 1 EA 1072.00 1072.00SCT-804723-01 60 MINUTE, CARBON CYLINDER 4500 PSI, CGA
02 P 1 0 1 EA 2515.00 2515.00SCT-200954-02 RIT-PAK III ASSY 4500 PSI
02 P 2 0 2 EA 1301.00 2602.00SCT-201582-01 SCOTT SIGHT FULL KIT WITH AV3000HT, MEDIUM 5
STRAP 160 X 120 RESOLUTION
02 P 1 0 1 EA 1301.00 1301.00SCT-201583-02 SCOTT SIGHT FULL KIT WITH AV3000HT, LARGE 5
STRAP 160 X 120 RESOLUTION
02 P 3 0 3 EA 242.00 726.00SCT-201215-02 AV3000 HT, KEVLAR HEAD HARNESS MEDIUM
FACESEAL
02 P 1 0 1 EA 242.00 242.00SCT-201215-01 AV3000 HT, KEVLAR HEAD HARNESS SMALL FACESEAL
02 P 3 0 3 EA 242.00 726.00SCT-201215-03 AV3000 HT, KEVLAR HEAD HARNESS LARGE FACESEAL
SubTotal 67,376.00
THIS IS NOT AN INVOICE. DO NOT PAY FROM THIS SALES ORDER.Total 67,376.00
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
A pprove a Resolution authorizing the City Manager to purchase a mini-excavator and accessory
items. (J oseph J ohnson)
S UM M ARY:
Council previously approved a budget reallocation for F iscal Year 2018 that included up to
$74,844 f or the purchase of a mini-excavator. T hrough the B uyBoard P urchasing C ooperative the
City may purchase a new Yanmar A -T18 V55B K P excavator and accessory items f or $73,913.20.
T he proposed purchase is more particularly described in Exhibit A .
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the Resolution authorizing the C ity Manager to purchase a mini-
excavator and accessory items.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/22/2018 Resolution
Exhibit A 8/22/2018 Exhibit
RESOLUTION NO. _________________
Mini-Excavator Purchase Page 1 of 1
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO PURCHASE AN EXCAVATOR AND ACCESSORY ITEMS FROM
VERMEER TEXAS-LOUISIANA THROUGH THE BUYBOARD COOPERATIVE
PURCHASING SYSTEM.
WHEREAS, City staff has proposed the purchase of a new mini-excavator and accessory
items (the “equipment”); and,
WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) find s that the
purchase of a mini-excavator and accessory items for the purpose of maintenance and
emergency operations is in the interest of the residents of the City of Anna, Texas (the “City”);
and,
WHEREAS, the procurement through a purchasing cooperative complies with the Texas
Local Government Code and ensures a competitive price; and,
WHEREAS, there are funds allocated for this equipment in the 2018 Fiscal Year budget
reallocation previously approved by the City Council; and,
WHEREAS, the City Council desires to authorize the City Manager to purchase the
equipment;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Contract Award.
The City Council hereby authorizes the City Manager to purchase the mini-excavator and
accessory items from Vermeer Texas-Lousiana for a total sum of $73,913.20 , consistent
with the BuyBoard Cooperative Purchasing system proposal attached hereto as Exhibit A.
The City Manager is hereby authorized to execute all documents and to take all o ther
actions necessary to procure the equipment.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
Ship To: SANE AS BELOW
Invoice To: CITY OF ANNA
PO BOX 776
ANNA TX 75409
ouisiana Vermeer Texas-L
3025 State Highw
Irving, TX 75
Ph: (972) 255-
vermeertexas
ay 161
062
3500
.com
Branch
01 -
Date
IRVING
08/21/2018
Account No
ANNAOOOl
Ship VI.
Tax 10 No
JARED DAVIS
EQUIPMENT QUOTE -NOT AN INVOICE
Description
Stock #: 1042127
New YA VI055
YANMAR VI055-6A-PRLUSQ
Open rops
Angle blade
Stock #: 1042091
** QUO T E ** EXPIRY DATE: 09/30/2018
Serial #:
Serial #: 237382-49
New 2018 YA A-T18-V45BKP uri:"~~"Q'"~"~"""!~!~'"
New 2018 YANMAR A-T18 "
18 "BUCKET
16" sheeps foot compactor for
BigTex 14-tl
22ft
BuyBoard contract 515-16
Miscellaneous
DISCOUNT Qty:
Authorization: -C~~.~ __________________ ___
Thank you for the opportunity. I look forward
you with you new mini-ex!
Please remit to:
Vermeer Texas-Louisiana
Dept # 41351 • PO Box 650823
Dallas, TX 75265-0823
Time !pa;e
10:37:16 (0)
Phone No I Est No 01
9729242620 Q00569
Purchase Order
BUDGET QUOTE
Amount
83409.00
1769.94
3853.14
7955.64
96987.72
23074.52-
73913.20
73913.20
I Salesperson
145
Good for thirty (30) days from date of quote. Thank You For Your Business!
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
A pproving a Resolution approving a Special E vent P ermit for Harvest F est to be held on October
27th, 2018. (Maurice Schwanke)
S UM M ARY:
T he annual Harvest F est event (f ormerly G low Fest) sponsored by the Greater Anna Chamber of
Commerce is scheduled for Saturday, O ctober 27th, with an alternate date of November 3rd. The
event this year will be held at Slayter Creek P ark. The event includes the following:
a children’s area with bounce houses
community partners (trick/or treat candies, games)
car show
live music with stage and
vendors
G A C C is working with the A nna F ire and Police Departments to coordinate public safety and the
directing of traf f ic and pedestrians in and around the area. P arking for the event will be at the A nna
High S chool where buses will provide transportation to the event. P reparation for the event will
start on S aturday Morning, October 27th with clean up continuing on S unday following the event.
S TAF F RE C O M M E ND AT I O N:
Approve the Resolution approving the Special E vents P ermit for Harvest F est.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
Agreement for Harvest F est 8/22/2018 Backup Material
Event Map 8/22/2018 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO. ________________
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR
THE 2018 “ANNA HARVEST FEST” AT SLAYTER CREEK PARK
WHEREAS, the Greater Anna Chamber of Commerce (the “GACC”) has
submitted a Special Event Permit application to conduct a community event
known as “ANNA HARVEST FEST” at Slayter Creek Park on Saturday, October
27th; and
WHEREAS, in the event of inclement weather on October 27th the alternate date
will be November 3rd; and
WHEREAS, the City of Anna Parks Board has reviewed the application and is
recommending that the City Council of the City of Anna, Texas (the “City
Council”) approve the Special Event Permit; and
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City
shall enter into a Special Event Agreement (the “Agreement) incorporating the
terms and conditions of said permit;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth
in full.
Section 2. The City Council hereby approves the Special Event Permit
application for the 2018 Harvest Fest at Slayter Creek Park and the Special
Event Agreement attached hereto as Exhibit A, incorporated herein for all
purposes and authorizes the City Manager to execute same on its behalf. The
City Manager is further authorized to execute all documents and 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 28th day of
August 2018.
ATTEST: APPROVED:
_____________________________ _________________________
City Secretary Carrie L. Smith Mayor Nate Pike
EXHIBIT A
AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event (“Agreement”) is made by and between the
City of Anna (“City”), and the Greater Anna Chamber of Commerce (“GACC”)
entered into on this 28th day of August 28th, 2087.
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, the City enters this
Agreement with GACC for use of Public Park Property for the Anna Harvest Fest.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna,
Texas.
Anna Glow Fest shall mean the community event sponsored by the GACC and
associated events and activities to take place in Anna, Texas on October 27th,
2018 with an alternate date being November 3rd, 2017.
Public Park Property shall mean the pavilion, parking lot and surrounding
property of Slayter Creek Park, and the Slayter Creek Trail system.
Special Event means any event that operates wholly or partially within the
incorporated City limit’s and may require the use of or assistance from any
department or employee of the City, or the use of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
The GACC has submitted a Special Event Permit application and sought
authorization for the special event from the City of Anna Parks Board subject to
entering into this agreement with the City. Said application is attached hereto as
Exhibit A.
The Council authorizes the Special Event, subject to the following restrictions:
Parking Restrictions:
All parking for the event will be at the high school parking lots Parking is to be
prohibited on all public rights of way (shoulders, grass areas directly adjoining
roadways, etc.). Event staff, signage, barricades, or a combination thereof, must
be utilized to keep patrons from parking in rights of way.
If parking areas are full, Event staff must be in place to direct vehicles to open
parking areas.
Vehicles on Park Property:
Except for designated parking areas and other designated areas approved by the
Director of Public Works, motor vehicles are prohibited from driving on Park
property. At the discretion of the Director of Public Works Motor vehicles may be
allowed on some turf areas to deliver equipment but must be immediately
removed when the delivery is complete. The City may prohibit any vehicle or
trailer from driving on turf areas if in the opinion of the Director of Public Works
the ground is too wet to support the weight of the vehicle. Except for small utility
vehicles approved by the Director of Public Works, all motor vehicles are
expressly prohibited from driving on or crossing the concrete walking trails.
The applicant will ensure that all event participants observe these rules and will
be responsible for paying for any damages to park property caused by vehicles
driven by participants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for
the event may only locate on designated areas of the park that have been
approved by the Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in
the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar
deposit and will pay for any additional actual costs incurred by the City of Anna in
reviewing such application that exceeds said amount.
Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Anna Harvest Fest and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Anna Harvest Fest.
Section 6. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the City has no right of control,
supervision, or direction over any work performed by the GACC relating in any
way to the GACC’s undertaking, promoting, operating, and performance of any
other activity related to the Anna Harvest Fest (the “Work”), including but not
limited to its employees or its subcontractors, nor does the City have any control,
supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to complete any the Work. There shall be no joint control over
the Work. The GACC agrees to fully defend, indemnify and hold harmless the
City from any claim, proceeding, cause of action, judgment, penalty, or any other
cost or expense arising or growing out of, associated or in connection with the
Work. The indemnification includes, but is not limited to, attorney fees incurred by
the City in defending itself or in enforcing this Agreement. By entering into this
Agreement, GACC waives all rights and remedies in law or in equity except to
seek enforcement of specific performance of the obligations under this
Agreement. This provision is not intended to and does not waive any of the City’s
governmental immunities, including immunity from suit and liability.
Section 7. Insurance
GACC shall procure and maintain for the duration of the contract insurance to
cover claims for injuries to persons or damages to property, which may arise
from or in conjunction with the performance of the Work or in any way related to
the GACC’s undertakings performed in connection with the Anna Glow Fest,
including but not limited to coverage for GACC, its agents, representatives,
employees, or subcontractors and Special Event participants, attendees and
spectators. The insurance policy must be a Commercial General Liability
Insurance Policy with combined single limits of liability for bodily injury and
property damage of not less than $500,000 for each occurrence if the estimated
attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000
for each occurrence if the estimated attendance is a total of 5,000 persons or
more. Failure of the GACC to maintain the required coverage is a breach of this
contract and shall not relieve the GACC of any other contractual responsibility or
obligation. Each policy shall name the City as an additional insured and provide
that there will be no alteration or modification which reduces coverage in any way
prior to 30 days written notice being given to the City. A copy of a certificate of
insurance shall be filed with the City’s Secretary.
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Section 9. Notice
Notice as required by this Agreement shall be in writing delivered to the parties
via U.S. certified mail, return receipt requested, at the addresses listed below:
City of Anna
Carrie L Smith, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Kevin Hall, Executive Director
312 Powell Pkwy
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 10. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the
City under Texas law. The provisions of this paragraph are solely for the benefit
of the parties hereto and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between the
City and GACC and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both parties.
Section 12. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas,
Sherman Division.
Section 13. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be
found to be contrary to the law, or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions
of this Agreement.
Section 14. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be
interpreted fairly and reasonably, and not to be more strictly construed against
one party than another, regardless of which party originally drafted the section in
dispute.
Section 15. Force Majeure
If a party is prevented or delayed from performing any of its obligations
hereunder due to a natural or manmade event or condition not caused by such
party and beyond such party’s reasonable control, then such party’s performance
of those obligations shall be suspended until the event or condition no longer
prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall
discuss, but shall not be bound to conclude, terms and conditions for collection of
those excess amounts.
Section 16. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written
approval of the City.
Section 17. Effective Date
This Agreement shall be effective upon the date first stated herein, and
performance of such Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, City and GACC have executed this Agreement.
By: _________________________ _________________________
Kevin Hall Maurice Schwanke
Greater Anna Chamber of Commerce Interim City Manager
EXHIBIT A
AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event (“Agreement”) is made by and between the
City of Anna (“City”), and the Greater Anna Chamber of Commerce (“GACC”)
entered into on this 28th day of August 28th, 2087.
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, the City enters this
Agreement with GACC for use of Public Park Property for the Anna Harvest Fest.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna,
Texas.
Anna Glow Fest shall mean the community event sponsored by the GACC and
associated events and activities to take place in Anna, Texas on October 27th,
2018 with an alternate date being November 3rd, 2017.
Public Park Property shall mean the pavilion, parking lot and surrounding
property of Slayter Creek Park, and the Slayter Creek Trail system.
Special Event means any event that operates wholly or partially within the
incorporated City limit’s and may require the use of or assistance from any
department or employee of the City, or the use of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
The GACC has submitted a Special Event Permit application and sought
authorization for the special event from the City of Anna Parks Board subject to
entering into this agreement with the City. Said application is attached hereto as
Exhibit A.
The Council authorizes the Special Event, subject to the following restrictions:
Parking Restrictions:
All parking for the event will be at the high school parking lots Parking is to be
prohibited on all public rights of way (shoulders, grass areas directly adjoining
roadways, etc.). Event staff, signage, barricades, or a combination thereof, must
be utilized to keep patrons from parking in rights of way.
If parking areas are full, Event staff must be in place to direct vehicles to open
parking areas.
Vehicles on Park Property:
Except for designated parking areas and other designated areas approved by the
Director of Planning, motor vehicles are prohibited from driving on Park property.
At the discretion of the Director of Planning Motor vehicles may be allowed on
some turf areas to deliver equipment but must be immediately removed when the
delivery is complete. The City may prohibit any vehicle or trailer from driving on
turf areas if in the opinion of the Director of Planning the ground is too wet to
support the weight of the vehicle. Except for small utility vehicles approved by
the Director of Planning, all motor vehicles are expressly prohibited from driving
on or crossing the concrete walking trails.
The applicant will ensure that all event participants observe these rules and will
be responsible for paying for any damages to park property caused by vehicles
driven by participants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for
the event may only locate on designated areas of the park that have been
approved by the Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in
the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar
deposit and will pay for any additional actual costs incurred by the City of Anna in
reviewing such application that exceeds said amount.
Section 5. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Anna Harvest Fest and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Anna Harvest Fest.
Section 6. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the City has no right of control,
supervision, or direction over any work performed by the GACC relating in any
way to the GACC’s undertaking, promoting, operating, and performance of any
other activity related to the Anna Harvest Fest (the “Work”), including but not
limited to its employees or its subcontractors, nor does the City have any control,
supervision or direction of the means, methods, sequences, procedures, and
techniques utilized to complete any the Work. There shall be no joint control over
the Work. The GACC agrees to fully defend, indemnify and hold harmless the
City from any claim, proceeding, cause of action, judgment, penalty, or any other
cost or expense arising or growing out of, associated or in connection with the
Work. The indemnification includes, but is not limited to, attorney fees incurred by
the City in defending itself or in enforcing this Agreement. By entering into this
Agreement, GACC waives all rights and remedies in law or in equity except to
seek enforcement of specific performance of the obligations under this
Agreement. This provision is not intended to and does not waive any of the City’s
governmental immunities, including immunity from suit and liability.
Section 7. Insurance
GACC shall procure and maintain for the duration of the contract insurance to
cover claims for injuries to persons or damages to property, which may arise
from or in conjunction with the performance of the Work or in any way related to
the GACC’s undertakings performed in connection with the Anna Glow Fest,
including but not limited to coverage for GACC, its agents, representatives,
employees, or subcontractors and Special Event participants, attendees and
spectators. The insurance policy must be a Commercial General Liability
Insurance Policy with combined single limits of liability for bodily injury and
property damage of not less than $500,000 for each occurrence if the estimated
attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000
for each occurrence if the estimated attendance is a total of 5,000 persons or
more. Failure of the GACC to maintain the required coverage is a breach of this
contract and shall not relieve the GACC of any other contractual responsibility or
obligation. Each policy shall name the City as an additional insured and provide
that there will be no alteration or modification which reduces coverage in any way
prior to 30 days written notice being given to the City. A copy of a certificate of
insurance shall be filed with the City’s Secretary.
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Section 9. Notice
Notice as required by this Agreement shall be in writing delivered to the parties
via U.S. certified mail, return receipt requested, at the addresses listed below:
City of Anna
Carrie L Smith, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Kevin Hall, Executive Director
312 Powell Pkwy
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 10. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to the
City under Texas law. The provisions of this paragraph are solely for the benefit
of the parties hereto and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between the
City and GACC and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both parties.
Section 12. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas,
Sherman Division.
Section 13. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be
found to be contrary to the law, or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions
of this Agreement.
Section 14. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be
interpreted fairly and reasonably, and not to be more strictly construed against
one party than another, regardless of which party originally drafted the section in
dispute.
Section 15. Force Majeure
If a party is prevented or delayed from performing any of its obligations
hereunder due to a natural or manmade event or condition not caused by such
party and beyond such party’s reasonable control, then such party’s performance
of those obligations shall be suspended until the event or condition no longer
prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall
discuss, but shall not be bound to conclude, terms and conditions for collection of
those excess amounts.
Section 16. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written
approval of the City.
Section 17. Effective Date
This Agreement shall be effective upon the date first stated herein, and
performance of such Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, City and GACC have executed this Agreement.
By: _________________________ _________________________
Kevin Hall Maurice Schwanke
Greater Anna Chamber of Commerce Interim City Manager
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Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
A pprove a Resolution approving the Special E vents P ermit for a Homecoming Parade. (Maurice
S chwanke)
S UM M ARY:
T he A nna I S D has proposed to conduct a “Home C oming P arade’ to be held on Rosamond
Parkway between the A nna High S chool and S layter C reek Park on Monday, S eptember 10th.
T he Parade will start at approximately 6:30 p.m. T he parade will consist of trailer float(s) a few
cars f or homecoming nominee, band and cheerleaders. T he participants other than vehicles and
floats will then proceed into the football stadium for a P E P rally.
S TAF F RE C O M M E ND AT I O N:
Approve a Resolution approving the S pecial Events Permit for a Homecoming P arade.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/22/2018 Resolution
Application and E vent Map 8/22/2018 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO. ________________
RESOLUTION APPROVING A SPECIAL EVENT PERMIT AND AN
AGREEMENT WITH THE ANNA INDEPENDENT SCHOOL DISTRICT
“HOMECOMING PARADE” AT ROSAMOND PARKWAY
WHEREAS, the Anna Independent School District (the “AISD”) has submitted a Special
Event Permit application to conduct a “Homecoming Parade” event known as “Anna ISD
homecoming parade” on Rosamond Parkway and Slayter Creek Park on Monday,
September 10th; and
WHEREAS, the City of Anna Parks Board has reviewed the application and is
recommending that the City Council of the City of Anna, Texas (the “City Council”)
approve the Special Event Permit; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council hereby approves the Special Event Permit application for
the Homecoming Parade on Rosamond Parkway and Slayter Creek Park,
PASSED by the City Council of the City of Anna, Texas, on this 28th day of August 2018.
ATTEST: APPROVED:
_____________________________ _________________________
City Secretary Carrie L. Smith Mayor Nate Pike
SPECIAL EVENT PERMIT APPLICATION
Planning and Development Dept.
3223 N. Powell Pkwy
Anna, TX 75409
cin ovwru.teus
972-924-2616
Type of Event:
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❑Circus
❑Festival Parade ❑Tent ❑Other
Applicant Name:
Address:
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Mel 11
State:
Zip Code:
Phone#:CF1
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Email: eNI(tf-r,CK
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Date: - -
*Note: A
`em ons must be filed at least 30 days in advance.
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Application Fee $50 (non�reftmdable) Deposit $300 (refundable)
■ Same Information As Above
Issue Deposit
Address: . Code
Dates of Activity:
1
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Reservation Time Block:
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Type of Activityex lain
purpose of activity):I h
2
Estimated Number of People
Aft ing Activity:
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Reservation Location:
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Will Food and/or Beverages be on -site for the activity? ❑ Yes
No
Will Alcohol be served or
sold? ❑ Yes
o if yes, include request letter
If yes, please indicate who
the vendors are (food and drinks):
Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.):
*If City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the
event sponsor.
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Conduct a P ublic Hearing on the P roposed 2018 Tax Rate. (Dana T hornhill)
S UM M ARY:
T he City Council scheduled August 28th, 2018 at 7:30 p.m. as the date and time for the first
public hearing on the proposed 2018 Tax R ate. The second public hearing is scheduled for
September 4, 2018 at 6:30 p.m.
Each year af ter properties are appraised by the C ollin County A ppraisal District the C ollin County
Tax Of f ice calculates both the effective tax rate and the rollback tax rate f or the City of A nna as
part of the service to collect taxes for the C ity. T he following definitions are provided from the
Texas Comptroller's Office:
Effective tax rate: T he effective tax rate is a calculated rate that would provide the taxing unit with
about the same amount of revenue it received in the year bef ore on properties taxed in both years.
I f property values rise, the effective tax rate will go down and vice versa.
Rollback tax rate: T he rollback rate provides the taxing unit with about the same amount of tax
revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for
those operations, in addition to sufficient funds to pay debts in the coming year. I f a taxing unit
adopts a tax rate higher than the rollback rate, voters in the taxing unit can circulate a petition calling
for an election to limit the size of the tax increase.
T he proposed budget is supported by a tax rate of $0.601288 which is equivalent to the current
rate. T he following table is a comparison between the proposed tax rate, last year's rate, the
effective rate and roll-back rate.
P roposed F Y 2019 Tax Rate $0.601288 per $100
P receding F Y 2018 Tax Rate $0.601288 per $100
E ffective Tax Rate $0.536478 per $100
Rollback Tax Rate $0.624613 per $100
T he ef f ective tax rate is lower than the current rate because the value of properties taxed in both
years has increased.
T he budget and tax rate are scheduled for adoption at the S eptember 11th Council meeting.
S ince the proposed tax rate is higher than the effective rate, section 26.05 of the Texas Tax Code
requires a minimum of 60% of the C ouncil members to vote in f avor of that rate. T hat would
require at least 5 Council members to vote in favor of the proposed tax rate.
S TAF F RE C O M M E ND AT I O N:
T his is a public hearing only. No action by the City Council is required at this time.
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an
engineering task order with B irkhoff, Hendricks & Carter, L L P for the F erguson P arkway P roject.
(J oseph J ohnson)
S UM M ARY:
T he F erguson P arkway P roject consists of approximately 6,200 linear feet of 4-lanes of an
ultimate 6-lane divided thoroughf are within a 120-foot right-of -way from the Collin C ounty Outer
L oop to Taylor B oulevard. T he project also includes a six-lane bridge over S layter Creek and
approximately 1,800 linear f eet of 2-lanes of the ultimate 6-lane between Taylor Boulevard and
Elm S treet.T he project, if constructed, would provide traffic an additional north-south route into the
City's population center, relieving the intersections of F M 455 with US 75 and S H 5. T he project
aligns with the City's adopted S trategic Plan goal "B uild Transportation I nf rastructure" in which the
comprehensive strategy is to design and build transportation projects that relieve traffic
congestion. The F erguson P arkway P roject is listed as a specific project within the Strategic P lan.
T he project meets the eligibility criteria for Congestion Mitigation A ir Quality (C MA Q) and Surface
Transportation Block G rant (S T B G) funding. T he project has been proposed to the North Texas
Council of Governments (NC T C O G) and NC T C O G has expressed significant interest in
partnering with the City on this project. The goal in moving the project forward into the schematic
design phase would be to position the project f or f unding and allow for right-of -way acquisition
should the Council so choose.
Task A is for the schematic design phase and includes P art I and portions of Part V I I I . P art I is for
the amount of $114,080 and Part V I I I is f or the amount of $137,700 for a total not-to-exceed
amount of $251,780. F unding is available for the project design in the City of Anna 2018
Certificate of Obligation B ond issue.
S TAF F RE C O M M E ND AT I O N:
Staff recommends approval of the R esolution authorizing the City Manager to execute an
engineering task order with Birkhoff, Hendricks & Carter, L L P for the Ferguson Parkway Project.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
Exhibit A - Task Order 8/22/2018 Exhibit
RESOLUTION: Ferguson Parkway Task Order PAGE 1 OF 1 8/28/18
CITY OF ANNA, TEXAS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING
TASK ORDER WITH BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE FERGUSON
PARKWAY PROJECT.
WHEREAS; The City of Anna, Texas (the City) has negotiated an engineering service task
order with Birkhoff, Hendricks & Carter, LLP for the Ferguson Parkway Project (the Project);
and,
WHEREAS; the task order provides the necessary engineering services for schematic design
of the Project; and,
WHEREAS; the engineering services fee for Task A, Part I is in the amount of $114,080 and
Part VIII is in the amount of $137,700 for a total not-to exceed amount of $251,780; and,
WHEREAS; funds are available for the project in the 2018 Certificate of Obligation; and,
WHEREAS; the Project supports the City’s adopted Strategic Plan goal of building
transportation infrastructure with emphasis on projects that relieve traffic congestion;
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 Task A, Parts I and VIII of the Agreement attached
hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of
same. The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the task order agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
TBPE Firm 526 ACEC Wellness Firm Better Decisions - Better Designs TBPLS Firm 100318-00
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Phone (214) 361-7900 www.bhcllp.com
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, P.E.
ANDREW MATA, JR., P.E.
JOSEPH T. GRAJEWSKI, III, P.E.
DEREK B. CHANEY, P.E
CRAIG M. KERKHOFF, P.E.
June 13, 2018
Mr. Maurice Schwanke
Interim City Manager
City of Anna
111 North Powell Parkway
Anna, Texas 75409
Re: General Engineering Services – Task Order (V. 06.13.2018)
Ferguson Road Paving and Drainage Improvements:
TASK A -Schematic Design & Right of Way Plat and Field Notes
TASK B – Final Design, Bidding and Construction Administration
Dear Mr. Schwanke:
As requested by Mr. Joseph Johnson and in accordance with our existing general engineering services
agreement, we are pleased to submit this General Services Task Order letter for services related to the
preparation construction plans, bidding documents and construction administration for:
Ferguson Road Paving and Drainage Extension
From: The Collin County Outer Loop
To: Elm Street
GENERAL PROJECT DESCRIPTION
The total project consists of:
A. Approximately 6,200 linear feet of 4-lanes of an ultimate 6-lane divided thoroughfare within a 120-
foot wide Right-of-way from the Collin County Outer Loop to Taylor Boulevard;
B. A 360 foot long x 100 foot wide - 6-lane bridge with 8-foot wide pedestrian walkways over Slayter
Creek;
C. Approximately 1,800 linear feet of 2-lanes of the ultimate 6-lane divided thoroughfare within a 120-
foot wide right-of-way from Taylor Boulevard to Elm Street.
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 2 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
The Ferguson Parkway route and alignment is to be configured in general accordance with the
recommendations for ROUTE C as identified in the Ferguson Parkway Alignment Study – Final Report
by Birkhoff, Hendricks & Carter, LLP, dated and submitted to the City on September 14, 2016.
The Project Location Map is attached hereto and marked “Exhibit A”. The Project Typical Section is
attached hereto and marked Exhibit “B”.
GENERAL TASK ORDER DESCRIPTION
This Engineering Services Task Order is divided into two (2) Major Task Items as follows:
Task A – Schematic Design Phase:
1. Schematic Design (including horizontal and vertical alignments, paving geometry and preliminary
drainage evaluation)
2. Preparation of a right-of-way strip map; and Plat and Field Notes for Right of Way and Easements
required for implementation of the project
Task B – Final Design and Construction Administration Phase:
1. Final Design
2. Bidding Phase Services
3. Construction Contract Administration Phase Services
OVERALL PROJECT BUDGET
Based on our understanding of the project requirements as outlined above, our opinion of overall probable
project budget, projected to a construction date of 2020, is summarized below:
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 3 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
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Our itemized opinion of cost is attached as Appendix A for reference only.
Annual Project Cost Inflation Rates
Construction Cost 4.00% Construction Cost Index (CCI)
Soft Cost (Engineering, Enviromental, etc.)2.00% Consumer Price Index (CPI)
Land Rights 5.00% Estimated
2017
Project Budget 2018 2019 2020
11,379,000$ $13,535,000 15,225,034$
Engineering Services
Task A: Schematic Design Phase Services 227,439$ $246,843 $251,780
Task B: Final Design Phase Services 940,721$ $1,093,343 $1,137,514
Task C: Bidding and Construction Phase Services 140,567$ $162,580 172,531$
Inspection Services (By City of Anna) -$ $0
Quality Control/Material Testing 284,475$ $338,375 359,086$
Environmental Reporting & FEMA/USACE Permits 150,000$ $150,000 $156,060
Legal and Attorney Fees -$ $200,000 $208,080
Land Rights Acquisitions 1,000,000$ $1,000,000 $1,102,500
Displaced Structures 232,830$ $331,000 $364,928
Remainder Parcels 100,000$ $100,000 $110,250
14,455,032$ $17,157,141 $251,780 $3,079,332 $15,756,652
433,651$ $514,715 $7,553 $92,380 $472,700
14,888,683$ $17,671,856 $259,333 $3,171,712 $16,229,351
$260,000 $3,172,000 $16,230,000
Project Budget By Year
City of Anna, Texas
Ferguson Parkway Paving and Drainage
From: Collin County Outer Loop To: Elm Street
2016 Project
Budget
14,889,000$
Project Budget Summary by Year (Adjusted Annually for Inflation)
$19,662,000
$17,672,000USE FOR BUDGETARY PURPOSES:Soft CostProject Sub-Total:
Total Project Contingencies (3%)
Total Project Budget:Land RightsProject Element
Opinion of Probable Construction Cost
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 4 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
SCOPE OF SERVICES
TASK A: SCHEMATIC DESIGN PHASE SERVICES
Part I: Project Schematic (10% Design Phase)
1) Preparation of the roadway schematic including:
a) Establishing the project alignment and centerline
b) Preparing Typical Roadway Section
c) Preparing the schematic horizontal geometric layout including median openings, left turn
lanes, right turn lanes, intersection layouts at the Collin County Outer Loop and Taylor Blvd.
d) Establishing preliminary roadway grade
e) Preparing preliminary roadway cross-sections (100-foot interval) in order to determine final
land rights requirements.
2) Prepare Schematic Bridge Layout over Slayter Creek including:
a) Preparing Typical Section of Bridge
b) Preliminary bridge span plan and profile
c) Location of bridge piers and abutments
d) Preparing bridge approach slab cross-sections to determine final land rights requirements
3) Prepare Preliminary Drainage System Plan including:
a) Preliminary Drainage Area Map
b) Identification of Major Drainage Outfall Structure and preliminary sizing
c) Determination of Drainage Easement Requirements
4) Establishing Land Right Requirements including Preparation of a Right of way strip map showing
Right-of-Way requirements, Slope Easements and Drainage Easements; and preparation of plat
and field note descriptions for conveyance of up to eighteen (18) right-of-way parcels and three
(3) drainage easements.
5) Preparation of Opinion of Probable Construction Cost based on Schematic Layout
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 5 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
Part VIII. -Additional Services (Task A -Schematic Design Phase)
1) Field Surveys as follows:
a) Limited topographic surveys to determine the existing ground line along the project
centerline, rights-of-way and expected drainage outfalls and embankment areas.
b) Boundary Surveys necessary for land rights plat and field note descriptions
c) Cross-sections of Slayter Creek 1,000 feet upstream and downstream of the proposed bridge
at minimum 300 foot intervals.
2) Preparation Land Rights documents based on the project schematic requirements including:
a) Right-of-Way Strip Map
b) Right-of-Way Plats and Field Notes for eighteen (18) parcels of land
c) Embankment/Slope Plats and Field Notes for three (3) parcels of land
d) Drainage Easement Plat and Field Notes for two(2) parcels of land
3) Preparation of a Slayter Creek Flood Study and Letter Report to determine the base 100-year
water surface elevation of Slayter Creek and the required bridge span length across Slayter Creek.
4) Printing Expense
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 6 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
TASK B: FINAL DESIGN PHASE SERVICES
Part II: Final Design
Preparation of construction plans, specifications, bidding phase services and construction
administration phase services for the following:
1. Construction Plan-Profile Sheets prepared at a scale of not less than 1”= 20’.
2. Standard Details.
3. Special Details.
4. Cover Sheet, Location Map and Sheet Index.
5. Submittals to State Regulatory Agencies, as required.
6. Preparation of Texas Department of Transportation permits, as required.
7. Coordination with other Franchise Utility companies.
8. 3-Design review meetings.
9. Opinion of Probable Construction Estimate.
10. Preparation of Specifications and Contract Documents.
11. Assist in procuring geotechnical engineering information or reports as the project
requirements dictate.
12. Printing of preliminary plans and specifications for review by the City.
Part III: Bidding Phase
1. Assist the City staff in advertising for bids. This will include e-mailing “Notice to
Contractors” to contractors experienced in this type of construction. City will have Notice
published in local newspaper.
2. Sell bidding documents to potential bidders and their suppliers and other parties.
3. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested
by the City.
4. Assist during opening of bids and provide bidding tally sheets.
5. Provide bid tabulation to City and contractors who submitted bids.
6. Obtain the following information from the lowest bidder:
7. Past work history.
8. Physical resources to produce the project.
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 7 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
9. Formulate opinion from information received and provide the City a summary of the opinion
for their use in selection and award of the construction contract.
10. After award of contract, furnish ten sets of prints of the final plans, specifications and contract
documents to the City for construction use by the City and Contractor.
Part IV: Construction Phase
1. Attend a pre-construction conference, including preparing an agenda.
2. Attend coordination meetings with contractor, quality control personnel, and City
representatives to discuss strategy, problem areas, progress, and any required coordination.
3. Review shop drawings and other submittal information, which the Contractor submits. This
review is for the benefit of the Owner and covers only general conformance with information
given by the Contract Documents. The contractor is to review and stamp their approval on
submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the
Contractor of any responsibilities, safety measures or the necessity to construct a complete
and workable facility in accordance with the Contract Documents.
4. Provide written responses to requests for information or clarification to City or Contractor.
5. Prepare and process routine change orders for this project as they pertain to the original scope
of work.
6. Make periodic site visits during construction as the project requirements dictate. Minimum of
one project site visit per month.
7. Review monthly pay request from information obtained in the field.
8. Accompany the City during their final inspection of the project.
9. Recommend final acceptance of work based on information from the on-site representative.
10. Prepare Record Drawings. Utilizing on-site representative and Contractor construction record
information, consultant will prepare one set of 22”x 34” reproducible record drawings on
mylar and one set of electronic image files in Adobe Acrobat file format and ACAD.dwg file
format.
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 8 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
Part V: Traffic Signal Design (Optional)
Prepare construction plans, specifications, bidding documents and construction contract
administration for traffic signalization at:
1. Ferguson Parkway and the Collin County Outer Loop
2. Ferguson Parkway and Taylor Blvd.
Part VI: Roadway Lighting Design (Optional)
Preparation of construction plans, specifications, bidding documents and construction contract
administration for roadway lighting in the median of Ferguson Parkway, from the Collin
County Outer Loop to Elm Street.
Part VII: Ferguson Parkway Irrigation Design (Optional)
Preparation of construction plans, specifications, bidding documents and construction contract
administration for Ferguson Parkway median and parkway irrigation.
Part VIII: Additional Services (Task B - Final Design Phase)
1. Design, Property and Construction Control Surveys
2. Preparation of the Slayter Creek Letter of Map Amendment (LOMA) to the Federal
Emergency Management Agency (FEMA) reflecting the project improvements and flood
study results.
3. Geotechnical Evaluations and recommendations. The Geotechnical evaluation and report will
be performed by a sub-consultant to be approved by the City of Anna.
4. Printing of final plans and specifications for distribution to prospective bidders and the
successful contractor.
Part IX: Exclusions
The intent of this scope of services is to include only the services specifically listed
herein and none others. Services specifically excluded from this scope of services
include, but are not necessarily limited to the following:
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 9 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
A. Legal Advice or Attorney Fees
B. Fees for advertising the public notices.
C. Fiduciary responsibility to the Client.
D. Environmental impact statements and assessments.
E. Certification that work is in accordance with plans and specifications.
F. Environmental cleanup.
G. Trench safety designs.
H. Quality control and testing services during construction.
I. Inspection Services during construction
J. Services in connection with condemnation hearings.
K. Phasing of Contractor’s work.
L. On-site safety precautions, programs and responsibility.
M. Consulting services by others not included in proposal.
N. Revisions and/or change orders as a result of revisions after completion of original
design (unless to correct error on plans).
O. Traffic engineering report or study.
P. Title searches.
COMPLETION SCHEDULE
TASK A – Schematic Design Phase
Notice to Proceed from City .......................................... At direction of City
Permission to Survey ................................................... Two Months after Notice to Proceed
Initial Topographic and Boundary Surveys ................. One Month after Permission to Survey
Flood Study .................................................................. Two Months after Permission to Survey
Schematic Layout to City for Review ......................... Two Months after approval of Flood Study
Plats and Field Notes for Land Rights Documents: ....... Four Months after Schematic Layout Approval
TASK B – Schematic Design Phase
Schedule to be Determined
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 10 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
FEE NOT TO EXCEED AMOUNT
Basic Services (Task A –Part I and Task B Parts I-VII):
Payment for the Basic Services described under Task A- Part I; and Task B, Parts II through VII shall
be on a Lump Sum Basis in the following Amounts:
2018 2019 2020
TASK A
Schematic
Phase
TASK B
Final
Design/Const
Phase
Task C
Bidding and
Constructon
Phase
Total Basic Service Fee
Part I Preliminary Schematic Phase $114,080 $114,080
Part II Final Design $884,347 $884,347
Part III Bidding Phase $17,803 $17,803
Part IV Construction Administration $137,702 $137,702
$114,080 $884,347 $155,505 $1,153,932
Part V Traffic Signal Design (Two Intersections) $58,835 $58,835
Part VI Roadway Lighting Design $42,093 $42,093
Part VII Median and Parkway Irrigation Design $35,507 $35,507
$0 $136,435 $0 $136,435
$114,080 $1,020,782 $155,505 $1,290,367
Fee Proposal Phase
Basic ServicesOptional Basic Services Subtotal:Optional Basic ServicesTotal Basic Services Plus Optional Services
Lump Sum Fee
Total Lump
Sum Basic
Services Fee
Basic Service Subtotal:
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 11 of 17
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526
Additional Services (Part VIII)
For the Additional Services described in Task A, Task B and Task C - Part VIII, we propose to be
compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost
times 1.10. The two man survey crew will be billed at a crew rate of $155 per hour. Automobile
mileage for special services will be invoiced at $0.50 per mile.
We suggest you budget approximately $137,700 for Task A Additional Services; $116,732 for Task
B Additional Services; and $17,026 for Task C Additional Services for a total Additional Services
budget of $271,458 in the following amounts:
2018 2019 2020
TASK A
Schematic
Phase
TASK B
Final
Design/Const
Phase
Task C
Bidding and
Constructon
Phase
1A Schematic Layout and Boundary Surveys $30,511 $30,511
1B Final Design and Construction Surveys $12,901 $17,026 $29,927
2A
Preparation of Land Rights Documents (18
Ea.)$79,968 $79,968
3A Slayter Creek Flood Study (No LOMR) $26,520 $26,520
2B CLOMR/LOMR $77,301 $77,301
3B Geotechnical Evaluations & Report $20,808 $20,808
4A & 4B Printing Expense $701 $5,722 $6,423
$137,700 $116,732 $17,026 $271,458
Total
Additional
Services Fee
Additional Services Grand Total:Part VIII. Additional ServicesFee Proposal Phase
Mr. Maurice Schwanke
General Engineering Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 12 of 17
Fee Conditional Statement
The Basic Services lump sum and Additional Services not to exceed fee amounts shown in the tables
above are conditional upon the Engineer receives a written AUTHORIZATION TO PROCEED
notice from the City no later than:
TASK A : Before the end of year 2018
TASK B: Before the end of year 2019
TASK C: Before the end of year 2020
Should the Engineer receive authorization to proceed from the for TASK A, TASK B or TASK C at a
date later than stipulated above, then the City hereby agrees the Engineer may revise and resubmit
both the total project budget and re -negotiate the engineering services fee amounts shown.
Texas Board of Professional Land Surveying Contact Information
Recipients of professional land surveying services under this agreement may direct complaints
regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle,
Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253.
If this General Engineering Services Agreement Task Order meets with your approval, please sign
and return one set to our office along with your directive to proceed. We look forward to working
with you on this important project for the City of Anna and are available to discuss this task further at
your convenience.
APPROVED FOR
CITY OF ANNA, TEXAS
Mr. Maurice Schwanke
Interim City Manager
Date
cc: Mr. Joseph Johnson, Director of Public Services
Sin2;icks,
s, P.E., R. S.
Alternate Partner
All
Craig Kerkhoff, P.E., CFM
Partner
Texas American Public Works Association 2010 Awardee
Environmental Project of the Year $10 - $100 Million
197015 con[dev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06. 12.2018).docx
Texas Firm F526
550
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725
0+00 5+00 10+00 15+00 20+00 25+00 30+00 35+00 40+00 45+00 50+00 55+00 60+00 65+00
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.
CJULY, 2015
BHC
PROJECT NO.
2015-123
SCHEMATIC ROUTE ANALYSIS
ROUTE 'C'
CITY OF ANNA, TEXAS
FERGUSON PARKWAY
NOTE:CENTERLINE RADIUS MIN. 1000'BIRKHOFF, HENDRICKS & CARTER, L.L.P.PROFESSIONAL ENGINEERSTBPE Firm No. 526; TBPLS Firm No. 1003180011910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361-7900SHEET NO.DAugust 2018BHCPROJECT NO.2015-123CONCEPTUAL ROUTE ANALYSISROUTE 'D'CITY OF ANNA, TEXASFERGUSON PARKWAY
Mr. Maurice Schwanke General Engineering Services Task Order: Ferguson Parkway Extension June 13, 2018 Page 14 of 17 Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million l:\7015 contdev\anna\2018 ferguson road schematic & row\ferguson road esa task order(v 06.12.2018).docx Texas Firm F526 Exhibit B – Typical Paving Section
Mr. Maurice Schwanke
General Services Task Order: Ferguson Parkway Extension
June 13, 2018
Page 15 of 17
TBPE Firm 526 ACEC Wellness Firm Better Decisions - Better Designs TBPLS Firm 100318-00
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Appendix A – Itemized Opinion of Project Cost
See Next Two Pages
BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.Not Assigned
PROFESSIONAL ENGINEERS
Client:City of Anna Date:5-Oct-17
Project:Ferguson Parkway - Route C (TxDOT Requirments)
From Collin County Outer Loop to Elm Street By:GCH
Item No. Description Quantity Unit Price Amount
A.
B.
C.
101 Right-of-Way Preparation, Mobilization Bonds & Insurance 84 STA 3,000.00$ $ 252,000
102 Furnish & Install 8-Inch Reinforced Concrete Pavement 44,290 S.Y.55.00$ $ 2,435,950
103 Furnish & Install 8-Inch Lime Treated Subgrade 48,433 S.Y.4.50$ $ 217,949
104 Furnish & Install Hydrated Lime (8% or 62.4 lbs/SY)1,517 Tons 170.00$ $ 257,890
105
Furnish & Install 4-Inch Thick, 5-Feet Wide Reinforced Concrete
Sidewalks 8,103 S.Y. 45.00$ $ 364,635
106 Furnish & Install Barrier Free Ramps 24 Ea.1,500.00$ $ 36,000
107 Unclassified Street Excavation 62,915 C.Y.10.00$ $ 629,150
Paving Improvements Subtotal: $ 4,193,574
108
Furnish & Install Underground Storm Sewer System (Piping,
Culverts and Inlets) $ 1,153,233
109 Seeding Median and Parkway 48,500 S.Y.2.00$ $ 97,000
110 Furnish & Install 4-Inch Topsoil in Medians and Parkways 48,500 S.Y.1.50$ $ 72,750
111 Furnish & Install Permanent Pavement Markings & Striping 8,365 L.F.5.00$ $ 41,825
112 Furnish & Install Roadway Signage 1 L.S.54,000.00$ $ 54,000
113 Remove and Replace Fencing 14,565 L.F.15.00$ $ 218,475
114 Bridge Crossing at Slayter Creek (360 ft Long x 100 wide)4,000 S.Y.1,200.00$ $ 4,800,000
115
Furnish & Install 7'x4' Reinforced Concrete Box Culvert with
Concrete Headwalls 100 L.F. 500.00$ 50,000$
116 Furnish & Install Signal Conduit (median sleeves)1,000 L.F.15.00$ $ 15,000
117 Furnish & Install Lighting Conduit (median sleeves)1,000 L.F.15.00$ $ 15,000
118 Furnish, Install, Maintain & Remove Erosion Control Devices 1 L.S.36,000.00$ 36,000$
119 Furnish Storm Water Pollution Prevention Plan (SW3P)1 L.S.10,200.00$ 10,200$
120 Furnish, Install, Maintain & Remove Traffic Control Measures 24 Mo.2,000.00$ 48,000$
Paving & Drainage Subtotal (Rounded Up to Nearest $1,000): $ 10,806,000
Contingencies and Misc. Items (Rounded Up to Nearest $1,000):15% $ 1,621,000
Paving and Drainage Total: $ 12,427,000
27.5% of Paving Subtotal
ENGINEER'S OPINION OF CONSTRUCTION COST
Approximately 6200-Feet of a 27-foot wide face to face each way 4 Lane Divided Thoroughfare (of an ultimate 38-
foot face to face each way 6 Lane Divided Thoroughfare) constructed with 8-Inch Reinforced Concrete Pavement
including Curb and Gutter and Storm Sewers from the Collin County Outer Loop to Taylor Blvd. (Meeting TxDOT
Typical Section Standards).
A 360' long x 100' wide 6-lane bridge over Slayter Creek with 8-foot wide pedestrian sidewalks on both sides.
Approximately 1,750 linear feet of two lanes of the utlimate 6-lane portion of Ferguson Road from Taylor Blvd. to
Elm Street.
BIRKHOFF, HENDRICKS & CARTER, L.L.P.Project No.Not Assigned
PROFESSIONAL ENGINEERS
Client:City of Anna Date:5-Oct-17
Project:Ferguson Parkway - Route C (TxDOT Requirments)
From Collin County Outer Loop to Elm Street By:GCH
Item No. Description Quantity Unit Price Amount
A.
B.
C.
ENGINEER'S OPINION OF CONSTRUCTION COST
Approximately 6200-Feet of a 27-foot wide face to face each way 4 Lane Divided Thoroughfare (of an ultimate 38-
foot face to face each way 6 Lane Divided Thoroughfare) constructed with 8-Inch Reinforced Concrete Pavement
including Curb and Gutter and Storm Sewers from the Collin County Outer Loop to Taylor Blvd. (Meeting TxDOT
Typical Section Standards).
A 360' long x 100' wide 6-lane bridge over Slayter Creek with 8-foot wide pedestrian sidewalks on both sides.
Approximately 1,750 linear feet of two lanes of the utlimate 6-lane portion of Ferguson Road from Taylor Blvd. to
Elm Street.
Additional Optional Items
201 Traffic Signalization (at W. Foster Crossing and Taylor Blvd)2 L.S.$250,000.00 500,000$
301 Roadway Lighting 1 L.S.$338,000.00 338,000$
302 Median and Parkway Irrigation 1 L.S.$270,000.00 270,000$
Subtotal Optional Items:1,108,000$
Construction Total (including Contigencies and Optional
Items):13,535,000$
Construction Cost per Linear Foot:1,619$
Surveying, Engineering, Geotech, Bidding & Construction
Administration:11.1% 1,502,767$
Environmental Reporting & FEMA/USACE Permits 1 L.S.$150,000.00 150,000$
Right-of-Way Acquisition (Including Extension):20 Ac.$50,000 1,000,000$
Displaced Structures (200% of 2015 Collin CAD Values):1 L.S.$331,000.00 331,000$
Remainder Parcels:2 Ac.$50,000 100,000$
3rd Party Inspection, Services:0.0% $ -
Inspection, Quality Control and Materials Testing:2.5% $ 338,375
Legal and Attorney Fees:1 LS $200,000
$ 200,000
Estimated Project Total:17,157,142$
Project Contingencies:3.0%514,715$
TOTAL PROJECT BUDGET (Rounded Up to Nearest $1,000):17,671,857$
USE:17,672,000$
Project Cost per Linear Foot:2,113$ Professional Fees, Land Rights, Permits and Inspections
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Consider/Discussion/A ction on a Resolution Approving the First A mended and
Restated Subdivision I mprovement Agreement with the Villages of Hurricane Creek and
authorizing the City Manager to execute all documents and to take all other actions necessary to
finalize the agreement. (Maurice Schwanke)
S UM M ARY:
After lengthy discussion and work by city council members, staff, city consultants with the V HC
team a f irst amended and restated Subdivision I mprovement Agreement with the Villages of
Hurricane Creek has been prepared. T his agreement replaces the existing agreement wherein
developer responsibilities were not met.
S TAF F RE C O M M E ND AT I O N:
Approval of a R esolution approving the F irst A mended and R estated Villages of Hurricane
Creek S ubdivision I mprovement Agreement and authorizing the C ity Manager to execute all
documents and to take all other actions necessary to finalize the agreement.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
V HC Subdivison I mprovement Agreement 8/24/2018 Exhibit
RESOLUTION:___________________________________ PAGE 1 OF 1 8/28/18
Villages of Hurricane Creek SIA
CITY OF ANNA, TEXAS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A SUBDIVISION
IMPROVEMENT AGREEMENT WITH CADG HURRICANE CREEK, LLC, A TEXAS
LIMITED LIABILITY COMPANY
WHEREAS; The City of Anna, Texas (the City) has previously approved a Subdivision
Improvement Agreement on property owned by CADG Hurricane Creek, LLC ; and,
WHEREAS; It is in the best interest of the City to amend and restate the Sub division
Improvement Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby approves the First Amended and Restated Villages of Hurricane
Creek Subdivision Improvement Agreement attached hereto as Exhibit A, and authorizes,
ratifies and approves the City Manager's execution of same. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to fi nalize the
agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 1
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK
SUBDIVISION IMPROVEMENT AGREEMENT
This First Amended and Restated Villages of Hurricane Creek Subdivision Improvement
Agreement (this “Agreement”) is entered into between the CITY OF ANNA, TEXAS, (the
“City”), and CADG Hurricane Creek, LLC, a Texas limited liability company (“Developer”), to
be effective on the effective date (the “Effective Date”).
ARTICLE I
RECITALS
WHEREAS, certain terms used in these recitals are defined in Section 2; and
WHEREAS, the City is a home-rule municipality of the State of Texas; and
WHEREAS, this Agreement amends that certain Villages of Hurricane Creek Subdivision
Improvement Agreement entered into among and between the City, Villages of Hurricane Creek,
LP, Don Collins, Ted K. Tedford, and Steven Cameron, effective on March 11, 2015 (the “Original
Agreement”); and
WHEREAS, the Developer is currently the sole owner of the Property and all of the rights,
covenants, and obligations under the Original Agreement have been fully assigned to the
Developer; and
WHEREAS, the City and the Developer acknowledge and agree that the Original Agreement is
hereby amended and restated as set forth in this Agreement and that this Agreement fully restates,
supersedes, and entirely replaces the Original Agreement as of the Effective Date; and
WHEREAS, Developer owns approximately 368.2 acres of real property located wholly within
the corporate limits of the City, and which property is described by metes and bounds and depicted
on Exhibit A (“Property”) upon which the Parties have agreed that Developer shall fully develop
654 residential lots; and
WHEREAS, Developer desires and intends to construct and/or make financial contributions to
certain on-site and/or off-site public improvements to serve the development of the Property
(“Authorized Improvements”), which Authorized Improvements are generally identified in
Exhibit B; and
WHEREAS, the Developer and the City are sometimes collectively referenced in this Agreement
as the "Parties,” or, each individually, as “Party”; and
WHEREAS, the Property, located within the city limits of the City, is also located in Collin
County, Texas (the “County”); and
WHEREAS, on February 24, 2015 the City created the Villages of Hurricane Creek Public
Improvement District (the “PID”); and
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 2
WHEREAS, On December 8, 2015 the City created a tax increment reinvestment zone (“TIRZ”),
which TIRZ is coterminous with the boundaries of the PID; and
WHEREAS, the Developer plans to develop the Property as a residential development upon the
execution of this Agreement and subsequent issuance of PID bonds by the City for the payment of
certain costs for the construction and acquisition of certain public improvements to benefit the
Property, and for the repayment to Developer for certain costs advanced for the construction and
acquisition of certain public improvements to benefit the Property as set forth in this Agreement;
and
WHEREAS, the Developer intends for the design, construction and installation of the Authorized
Improvements to occur in a phased manner and to dedicate such Authorized Improvements to the
City for use and maintenance, subject to approval of the plans and inspection of the Authorized
Improvements in accordance with this Agreement and the City Regulations, and contingent upon
the issuance of PID bonds for partial or total financing of such Authorized Improvements; and
WHEREAS, the Developer and the City estimate that the cost of the Authorized Improvements
will be $25,015,000; and
WHEREAS, in consideration of the Developer’s agreements contained herein, the City shall
exercise its powers under Chapter 372, Texas Local Government Code, as amended (the “PID
Act”), to provide financing arrangements that will enable the Developer to do the following in
accordance with the procedures and requirements of the PID Act and this Agreement: (a) fund or
be reimbursed for a specified portion of the costs of the Authorized Improvements using the
proceeds of PID bonds; or (b) obtain reimbursement for the specified portion of the costs of the
Authorized Improvements, the source of which reimbursement will be installment payments from
Assessments within the Property, provided that such reimbursements shall be subordinate to the
payment of PID Bonds and Administrative Costs ; and
WHEREAS, the City, subject to the consent and approval of the City Council, and in accordance
with the terms of this Agreement and all legal requirements, including but not limited to the
Indenture, intends to: (i) adopt a Service and Assessment Plan; (ii) adopt an Assessment Ordinance
(to pay for a specified portion of the Budgeted Cost(s) shown on Exhibit B and approved by the
City’s consulting engineer and the costs associated with the administration of the PID and the
issuance of the PID Bonds); and (iii) issue, in multiple series, up to $25,015,000.00 in the principal
amount of PID Bonds for the purpose of financing a specified portion of the costs of the Authorized
Improvements and paying associated costs as described herein; and
WHEREAS, the City shall use reasonable efforts to issue PID Bonds periodically up to a
maximum principal amount of $25,015,000.00, in multiple series, to finance the Authorized
Improvements in accordance with the Service and Assessment Plan; and
WHEREAS, prior to the sale of the first PID Bond issue: (a) the City Council shall have approved
and adopted the PID Resolution, a Service and Assessment Plan and an Assessment Ordinance
(collectively, the “PID Documents”); (b) the City shall have reviewed and approved the Home
Buyer Disclosure Program; (c) owners of the Property constituting all of the acreage in the PID at
the time of the issuance of the first PID Bonds shall have executed a Landowner Agreement (as
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 3
defined in Section 2, herein); and (d) the Developer shall have delivered a fully executed copy of
the Landowner Agreement(s) to the City; and
WHEREAS, the Parties agree that the Authorized Improvements are also improvements that
qualify as projects under Texas Tax Code Chapter 311, as amended; and
WHEREAS, the City has adopted, approved, and executed and/or shall adopt, approve, and
execute the TIRZ Documents to dedicate the TIRZ Increment, as hereinafter defined, for a period
not to exceed 30 years beginning in Tax Year 2018 and ending in Tax Year 2048 to pay for certain
public improvements that benefit the entire PID and other property in accordance with this
Agreement; and
WHEREAS, all of the City’s Administrative Expenses associated with the TIRZ will be paid in
accordance with the TIRZ Act, and the City will not be responsible for payment of such costs; and
WHEREAS, to the extent funds must be advanced to pay for any costs associated with the creation
of the PID, the TIRZ, the issuance of PID Bonds or the preparation of documentation related
thereto, including any costs incurred by the City and its consultants and advisors (excluding the
fees associated with closing the PID Bonds), the Developer shall be responsible for advancing
such funds, shall have a right to reimbursement for certain funds advanced from the proceeds of
PID Bonds, Assessment revenues or TIRZ Increments and the City will not be responsible for
such reimbursement or the payment of such costs from any other sources of funds; and
WHEREAS, unless expressly set forth to the contrary in this Agreement, it is the Parties’ mutual
intent that this Agreement shall supersede City Regulations only to the extent that City Regulations
directly conflict with the terms of this Agreement; and
WHEREAS, Developer understands and acknowledges that the obligations undertaken under this
Agreement are primarily for the benefit of the Property; and
WHEREAS, Developer understands and acknowledges that acceptance of this Agreement not an
exaction or a concession demanded by the City but rather is an undertaking of Developer’s
voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit
Developer’s development of the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
ARTICLE II
DEFINITIONS
Unless the context requires otherwise, the following terms shall have the meanings hereinafter set
forth:
Administrative Expenses shall include, without limitation, expenses incurred by the City in the
establishment, administration, and operation of the PID and the TIRZ.
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Administrator means an employee or designee of the City who shall have the responsibilities
provided in the Service and Assessment Plan, an Indenture, or any other agreement or document
approved by the City related to the duties and responsibilities for the administration of the PID.
Amenity Center means the lot and improvements required under this agreement to be constructed
by the Developer and maintained by the HOA that shall include amenities including a clubhouse
(at least 4,000 square feet) with fitness center with weight room and cardiovascular equipment, a
kitchen, a meeting area, and restrooms; swimming pool (at least 3,700 square feet); lap pool (at
least 2,800 square feet); children’s pool (at least 700 square feet); tennis court (at least 2,200 square
feet); basketball sports court (at least 4,200 square feet); playground with seating; ornamental
metal fencing; and landscape planting beds; all consistent with Amenity Center Concept Plan and
the minimum standards as set forth in Exhibit C. The site of the Amenity Center shall be
approximately 2.25 acres at the location shown on Exhibit C. The exterior masonry requirement
for the Amenity Center shall comply with the masonry requirement for single family homes
outlined zoning ordinance for the Property (Exhibit L).”
Assessment means the assessment levied by the City Council pursuant to the Assessment
Ordinance, to pay for a specific portion of the Budgeted Cost.
Assessment Company means an assessment firm acceptable to the City.
Assessment Ordinance means the ordinance approved by the City Council which levies
assessments on the Property in accordance with the PID Act to pay for a specified portion of the
costs of the Authorized Improvements set forth in the Service and Assessment Plan as well as the
costs associated with the issuance of the PID Bonds that provide a special benefit to the Property.
Assessment Roll means the Assessment Roll attached to the Service and Assessment Plan or any
other Assessment Roll in an amendment or supplement to the Service and Assessment Plan or in
an annual updated to the Service and Assessment Plan, showing the total amount of the Assessment
against each parcel assessed under the Service and Assessment Plan related to the Authorized
Improvements.
Authorized Improvements means water, sewer, drainage, and roadway facilities needed to serve
the Property and to be constructed by the Developer or by or on behalf of the City, including but
not limited to certain off-site improvements, as identified and depicted on Exhibit B.
Authorized Improvement Costs means the design, engineering, construction, and inspection costs
of the Authorized Improvements.
Bond Ordinance means and refers to an ordinance adopted by the City Council that authorizes and
approves the issuance and sale of the PID Bonds.
Bond Security means Assessments levied against the Property by the City.
Budgeted Cost with respect to any given Authorized Improvement means the estimated cost of
such improvement as set forth in Exhibit B.
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City means the City of Anna, a home rule municipality located in Collin County, Texas.
City Code means the Anna City Code of Ordinances.
City Council means the City Council of the City.
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 if the designation is in writing and signed by the current or
acting City Manager.
City PID Fee means a one-time fee of $3,400 per residential lot to be paid by Developer to the
City in accordance with Section 3.3.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
Collector “B” Roadway Improvements mean the improvements to Collector “B” as described and
depicted in further detail in Exhibit D-1 and Exhibit D-2 and in accordance with
design/construction plans to be approved by the City.
Collector “C” Roadway Improvements mean the improvements to Collector “C” as described and
depicted in further detail in Exhibit D-3 and in accordance with design/construction plans to be
approved by the City.
Collector “D” Roadway Improvements mean the improvements to Collector “D” as described and
depicted in further detail in Exhibit D-4 and in accordance with design/construction plans to be
approved by the City
Construction Cost means the costs actually paid for Public Infrastructure related to engineering,
design, permitting, construction, inspection, testing, and off-site, third-party property/easement
acquisitions; however, the cost of off-site, third-party property/easement acquisitions shall be
limited to the fair-market value of any property/easement acquired, plus any damages to the
remainder, all as determined by a Licensed Appraiser selected by the City, and Eminent Domain
Fees.
Developer means the entity responsible for developing the Property in accordance with this
Agreement.
Development means the new development on the Property that is the subject of this Agreement.
Developer Cash Contribution means that portion of the Authorized Improvements Cost that the
Developer is contributing to initially fund the Authorized Improvements.
Development Agreement Extension Fee means a fee in the amount of $366,943 that the Developer
shall pay to the City in accordance with Section 5.9.
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Effective Date means the date upon which the last of all of the Parties has approved and duly
executed this Agreement.
End Buyer means any Developer, developer, tenant, user, or owner of a Fully Developed and
Improved Lot.
Fully Developed and Improved Lot means any lot, regardless of proposed use, which is served by
the Authorized Improvements and for which a final plat has been approved by the City and
recorded in the real property records of Collin County.
Home Buyer Disclosure Program means the disclosure program, administered by the Assessment
Company as set forth in a document in the form of Exhibit E that establishes a mechanism to
disclose to each End Buyer the terms and conditions under which their lot is burdened by the PID.
Hurricane Creek Regional Trunk Sewer Improvements means a certain segment of a regional
sanitary sewer trunk line to be constructed by the City under this Agreement as generally depicted
in Exhibit H-3.
Improvement Account of the Project Fund means the construction fund account created under the
Indenture used to pay for the construction or acquisition of the Authorized Improvements.
Indenture means an indenture under which PID Bonds are issued.
Landowner(s) means the Developer and additional owners of the Property.
Landowner Agreement means the agreement, as set forth in a document in the form of Exhibit F
of an owner of the Property consenting to the form and terms of the PID Documents.
Maximum TIRZ Contribution means an amount estimated to be $23,193,733, which amount is
subject to a TIRZ par amount of $10,270,000.00 plus six and a half percent (6.5%) interest and
TIRZ Administrative Expenses, and further subject to adjustment as provided in Section 8.2 and
as may be adjusted in accordance with the model set forth in Exhibit P.
Neighborhood Trails mean a system of neighborhood hike and bike trails funded and constructed
by the Developer and maintained by the HOA as said trails are described and depicted in further
detail in Exhibit G and in accordance with design/construction plans to be approved by the City.
Notice means any notice required or contemplated by this Agreement (or otherwise given in
connection with this Agreement).
Offsite Sanitary Sewer Facilities mean any and all offsite connection lines to the City’s main
regional sewer line as said offsite connection lines are described and depicted in further detail in
Exhibit H-1 and in accordance with design/construction plans to be approved by the City.
Oversized Sanitary Sewer Facilities mean the over-sized onsite sanitary sewer main lines as
described and depicted in further detail in Exhibit H-1 and in accordance with design/construction
plans to be approved by the City.
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Phase 1 Development means development of those portions of the Property and offsite
improvements to be constructed by the Developer or the City, as set forth in this Agreement, and
included in the first phase and first final plat of the Development in accordance with Exhibit I.
PID means a public improvement district created by the City for the benefit of the Property
pursuant to Chapter 372, Texas Local Government Code, known as the Villages of Hurricane
Creek Public Improvement District.
PID Act means Chapter 372, Texas Local Government Code, as amended.
PID Bonds means the revenue bonds or other obligations secured solely by the Bond Security.
PID Resolution means the resolution adopted by the Council creating the PID.
Previous Facilities Agreement means the document titled Anna 376 Facilities Agreement, a copy
of which is attached to this Agreement as Exhibit K.
Property means the real property described by metes and bounds and depicted on Exhibit A.
Public Infrastructure means all water, sewer, drainage and roadway infrastructure necessary to
serve the full development of the Property.
Service and Assessment Plan means the PID Service and Assessment Plan, to be adopted by the
City Council for the purpose of assessing allocated costs against property located within the
boundaries of the PID having terms, provisions and findings approved and agreed to by the
Developer and City, as required by this Agreement.
TIRZ means the tax increment reinvestment zone the City intends to create for the benefit of the
Property pursuant to Chapter 311, Texas Tax Code.
TIRZ Act means Chapter 311 of the Texas Tax Code, as amended.
TIRZ Board means the board of directors of the TIRZ that will be established in accordance with
the TIRZ Act if the TIRZ is created.
TIRZ Documents means the TIRZ project and finance plan and the TIRZ Ordinance if the TIRZ
is created.
TIRZ Fund means the fund set up by the City if the TIRZ is created, in order to receive the TIRZ
funds in accordance with this Agreement, state law and the TIRZ Documents.
TIRZ Increment means an amount currently estimated at 64.19%, which actual percentage shall
be determined at the sale of the first series of PID Bonds (such bonds to include financing of major
improvements for the Property in one or more series), of the ad valorem tax increment, as
determined on a parcel by parcel basis each year under Section 311.012 of the Texas Tax Code,
that is generated by the Property from ad valorem taxes levied and collected by the City in fiscal
year 2018-2019 through and including fiscal year 2047-2048, less TIRZ administrative expenses.
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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TIRZ Ordinance means the City Ordinance creating the TIRZ.
TIRZ Project and Finance Plan means the project plan and finance plan that governs TIRZ
operations.
TIRZ Projects means a certain portion of the Authorized Improvements, as described in Exhibit
B, not to exceed $7,400,000.00 to be undertaken by the PID as well as the TIRZ.
ARTICLE III
PUBLIC IMPROVEMENT DISTRICT
3.1 Creation and Levy of Assessments. The City shall use its best efforts to initiate and
approve all necessary documents and ordinances required to effectuate this Agreement, to create
the PID, and to levy the Assessments. The City will prepare and the City will approve the Service
and Assessment Plan providing for the levy of the Assessments on the Property. Promptly
following preparation and approval of a Service and Assessment Plan acceptable to the Developer
and the City and subject to City Council making findings that the Authorized Improvements confer
a special benefit on the Property, the City Council shall consider an Assessment Ordinance. The
Developer shall develop the Property consistent with the terms of this Agreement. Nothing
contained in this Agreement, however, shall be construed as creating a contractual obligation that
controls, waives, or supplants the City Council’s legislative discretion or functions.
3.2 Acceptance of Assessments and Recordation of Covenants Running with the Land.
Concurrently with the levy of the Assessment, the Developer shall approve and accept in writing
the levy of the Assessment(s) on all land owned by the Developer and shall approve and accept in
writing the Home Buyer Disclosure Program and shall cause to be recorded against the Property
covenants running with the land that will bind any and all current and successor Developers and
owners of the Property to: (i) pay the Assessments, with applicable interest and penalties thereon,
as and when due and payable hereunder and that the purchasers of such land take their title subject
to and expressly assume the terms and provisions of such assessments and the liens created
thereby; and (ii) comply with the Home Buyer Disclosure Program.
3.3 City PID Fee. The Developer shall pay to the City, simultaneously with the closing
on the first PID Bonds issued under this Agreement, the full amount of the City PID Fee. The full
amount of the City PID Fee shall be deemed to be $2,223,600 (654 lots multiplied by $3,400) and
shall not be refundable for any reason. The City PID Fee shall not be increased, decreased or
discounted for any reason, including without limitation a change in the number of lots ultimately
developed within the Development.
ARTICLE IV
AUTHORIZED IMPROVEMENTS
4.1 Authorized Improvements. The Budgeted Costs are subject to change and shall be
updated by the City consistent with the Service and Assessment Plan, the PID Act and the TIRZ
Act, and shall be included on each approved final plat(s) for the Property as each final plat for each
phase of the Property is approved by the City Council. The Developer shall include an updated
Exhibit B with each final plat application which shall be submitted to the City Council for
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 9
consideration and approval concurrently with the submission of each final plat. Upon approval by
the City Council of an updated Exhibit B, this Agreement shall be deemed amended to include
such approved updated Exhibit B and same will be attached as an addendum to this Agreement.
The Authorized Improvement Costs and the timetable for installation of the Authorized
Improvements will be reviewed annually by the Parties in an annual update of the Service and
Assessment Plan adopted and approved by the City.
4.2 Construction, Ownership, and Transfer of Authorized Improvements.
(a) Contract Award. The Developer’s engineers shall prepare, or cause the preparation
of, and provide all contract specifications and necessary related documents. Certain portions of
the Budgeted Cost(s) shall be paid from the proceeds of PID Bonds in accordance with the
Indenture.
(b) Construction Standards and Inspection. The Authorized Improvements and all
other Public Infrastructure required for the development of the Property shall be constructed and
inspected—and all applicable fees shall be paid by Developer—in accordance with applicable state
law, City Regulations, the Bond Ordinance and other development requirements, including those
imposed by any other governing body or entity with jurisdiction over the Authorized
Improvements.
(c) Contract Letting. This Agreement and construction of the Authorized
Improvements, including the TIRZ Projects, are anticipated to be exempt from competitive bidding
pursuant to Texas Local Government Code Section 252.022(a)(9) and 252.022(a)(11) based upon
current cost estimates. However, in the event that the actual costs for the Authorized Improvements
do not meet the parameters for exemption from the competitive bid requirement, then either
competitive bid or alternative delivery methods may be utilized by the City as allowed by law.
Further, the City may elect to require that all or any part of the construction contracts be let using
competitive bidding and/or sealed proposals. The Parties acknowledge that the construction
contracts for the construction of Authorized Improvements have not been awarded as of the
Effective Date and contract prices have not yet been determined. Before entering into any
construction contract for the construction of all or any part of the Authorized Improvements, the
Parties agree as follows.
(1) Developer’s engineers shall prepare, or cause the preparation of, and submit to
the City all contract specifications and necessary related documents, including
but not limited to the proposed construction contract showing the negotiated
total contract price and scope of work.
(2) Developer shall submit all such documents along with a written notice of
intention to let a construction contract at least 20 days in advance of the date
that Developer intends to execute such contract.
(3) Within 15 days after receipt of the written notice and associated documents, the
City Manager may: (i) approve the amount of the contract price and provide
written notice to the Developer that the Developer may execute the construction
contract; or (ii) require that the contract be procured through competitive
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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bidding or competitive sealed proposals (“Competitive Procurement”). If the
City fails to notify the Developer within such 15 day period, the City shall be
deemed to have approved the contract price and authorized the Developer to
execute the construction contract.
(4) In order to require Competitive Procurement, the City must provide the
Developer with written notice of said requirement within 15 days of delivery to
the City of the written notice as required under Section 4.2(c)(2), above.
(5) If the City Manager requires Competitive Procurement, then the Developer
must: (i) advertise for and award the contract in the same manner set forth for
competitive sealed bids or competitive sealed proposals Local Government
Code Chapter 252 as if the City were pursuing a public improvement contract
subject to said Chapter 252 as approved by the City Manager; and (ii) supply
the City with true and complete copies of all notices of bid/proposal requests
and all bids/proposals subsequently received.
(6) The City Manager reserves the right to cause the Developer to reject all bids
and re-advertise, but the City Manager may do so only once for each
construction contract sought by the Developer.
(d) Ownership. All of the Authorized Improvements shall be owned by the City upon
acceptance of them by the City. The Developer agrees to take any action reasonably required by
the City to transfer or otherwise dedicate or ensure the dedication of, easements for the Authorized
Improvements to the City and the public.
(e) Applicability. Subsections (a)-(c), above, shall not apply to Public Infrastructure
that the City is obligated to fund and construct under this Agreement.
ARTICLE V
ADDITIONAL OBLIGATIONS
5.1 Sanitary Sewer Facilities.
(a) Developer’s Obligations.
(1) Developer is responsible for funding and construction of all sanitary sewer
improvements required to serve the Property that are not constructed by the City
under this Agreement.
(2) Prior to recording a final plat in the Land Recordings with the Collin County
Clerk’s Office for any phase of the Development Developer shall complete in
a good and workmanlike manner construction of the Offsite Sanitary Sewer
Facilities and the Oversized Sanitary Sewer Facilities necessary to serve such
phase, including without limitation any such facilities that connect to the offsite
Hurricane Creek regional trunk sewer improvements to be funded and
constructed by the City under this Agreement.
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(b) City’s Obligations.
Within two (2) years of the Effective Date the City is responsible for the funding
and construction of the offsite Hurricane Creek Regional Trunk Sewer
Improvements as shown on Exhibit H-3. As a result of the offsite Hurricane Creek
regional trunk sewer improvements, Developer is not responsible for the funding
and construction of the offsite sanitary sewer improvements on Exhibit H-1.
5.2 Water Facilities.
(a) Developer’s Obligations. Developer is responsible for the construction of all water
improvements required to serve the Property that are not constructed by the City under this
Agreement. Developer agrees to construct a minimum twelve (12) inch diameter water line
estimated to cost $329,007 and known as the “Standridge oversized waterline improvements” as
shown in Exhibit M, which water line shall be a TIRZ project, and which costs are reimbursable
to the Developer as a qualified TIRZ project.
(b) City’s Obligations. Not later than the second (2nd) anniversary of the Effective Date
the City is responsible for the funding and the construction of the estimated $435,000 segment for
Collector “C” water improvements as shown in Exhibit M.
5.3 Roadway Facilities.
(a) Developer’s Obligations. Developer is responsible for the funding and the
construction of all roadway improvements required to serve the Property that are not funded and
constructed by the City under this Agreement, as follows.
(1) Prior to recording a final plat in the Land Recordings with the Collin County Clerk’s
Office for the first (1st) phase of the Development, but not later than March 31, 2021,
Developer shall complete in a good and workmanlike manner construction of all of the
Phase 1 offsite roadway facilities shown in Exhibit D-1 and the onsite and offsite
portion of Phase 1 of the Collector “B” Roadway Improvements as shown in Exhibit
D-1 and Exhibit D-2;
(2) Prior to recording a final plat in the Land Recordings with the Collin County Clerk’s
Office for the second (2nd) phase of the Development, but not later than March 31,
2023, Developer shall complete in a good and workmanlike manner construction of
Phase 2 of the Collector “B” Roadway Improvements and Phase 1 of the onsite portion
of Collector “C” Roadway Improvements as shown in Exhibit D-2, and Exhibit D-3;
and
(3) Prior to recording a final plat in the Land Recordings with the Collin County Clerk’s
Office for the fourth (4th) phase of the Development, but not later than March 31, 2027,
Developer shall complete in a good and workmanlike manner construction of Phase 2
of the Collector “C” Roadway Improvements, and the Collector “D” Roadway
Improvements as shown in Exhibit D-3 and Exhibit D-4.
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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(b) City’s Obligations. Not later than the third (3rd) anniversary of the Effective Date
the City is responsible for the funding and construction of an estimated $909,000 for two lanes of
Collector “C” (offsite only) roadway improvements as shown on Exhibit D-3.
5.4 Amenity Center. Within one year of the recording of a final plat in the Land
Recordings with the Collin County Clerk’s Office for the first (1st) phase of the Development,
Developer shall complete construction on the Amenity Center. At a minimum, the primary
building of the Amenity Center shall be required to be at least four thousand square feet. Amenities
shall consist of at least (i) a swimming pool, (ii) a sports court, (iii) a tennis court, (iv) a fitness
room consisting of weight training equipment and cardiovascular exercise equipment, (v) a
kitchen, (vi) a meeting area, and (vii) restrooms as set forth in Exhibit C.
5.5 Neighborhood Trails. Developer is responsible for funding and construction of the
Neighborhood Trails. Neighborhood Trails shall be constructed as required or necessary for each
phase of the Development in accordance with the trail construction and development plan depicted
in Exhibit G. The City Manager may, at his sole discretion, approve alterations to the construction
phasing schedule of Neighborhood Trials if requested by the Developer. Developer shall execute
and deliver to the City a permanent easement in a form acceptable to the City granting public
access to the trails depicted in Exhibit G-1.
5.6 Mandatory Homeowners Association. The Developer will create, in a manner
acceptable to the City, a mandatory homeowner association (“HOA”), which HOA, whether one
or more, shall be required to levy and collect from home owners annual fees in an amount
calculated to maintain the open spaces, common areas, hike and bike trails located in common
areas, portions of which will be open to the public, the Amenity Center, right-of-way irrigation
systems, raised medians and other right-of-way landscaping, and screening walls within the PID.
Common areas including but not limited to all landscaped entrances to the PID and right-of-way
landscaping shall be maintained solely by the HOA. Maintenance of public rights-of-way by the
HOA shall comply with City Regulations and shall be subject to oversight by the City. The hike
and bike trails shall be constructed and maintained in accordance with Exhibit G or as the trail
plan may be modified by the Developer and approved by the City Manager.
5.7 Fire Station/Public Safety Facilities Land Dedication. Within 30 days of recording
a final plat of the Phase 1 Development in the Land Recordings with the Collin County Clerk’s
Office, Developer shall, at no cost to the City, donate to the City by irrevocable deed of dedication
for public use, the form and content of which shall be approved by the City, a certain tract of land
identified in Exhibit N. Prior to this dedication to the City, Developer shall not encumber said
tract or any portion thereof and shall furnish documentation acceptable to the City verifying that
said tract is free of all liens and other encumbrances that could cloud the title to the property upon
said dedication.
5.8 Parkland Dedication. Within thirty (30) days of the City providing the Developer
with written notice requesting dedication, Developer shall donate by irrevocable deed of dedication
for public use, the form and content of which shall be approved by the City, certain tracts of land
identified in Exhibit O to the City of Anna, which dedication may be conveyed in separate parts
upon different requests from the City. Prior to dedication to the City, developer shall not encumber
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 13
said tracts or any portions thereof and shall furnish documentation acceptable to the City verifying
that said tracts are free of all liens and other encumbrances that could cloud the title being granted
to the City. The City agrees that such dedication shall satisfy the park land dedication requirement
outlined in the Anna City Code, Part III-A (“Subdivision Regulations”), Article 4, Section 5.03(a)
for the development of Property.
5.9 Performance Window; Development Agreement Extension Fee; Election to
Terminate. In the event that the Developer satisfies all of its obligations under its control pursuant
to Section 6.1 below and has requested that the City issue PID Bonds on or before December 31,
2018 (and has done so within a time period that reasonably allows the City to issue PID Bonds on
or before December 31, 2018), Developer is not otherwise in default under this Agreement, and
the City does not issue the PID Bonds on or before December 31, 2018, neither Party shall
thereafter be required to perform under this Agreement and this Agreement will terminate. In the
event that the Developer does not satisfy all of its obligations under its control pursuant to Section
6.1 or does not request that the City issue PID Bonds on or before November 10, 2018, neither
Party shall thereafter be required to perform under this Agreement and this Agreement will
terminate. Notwithstanding the foregoing, the Developer shall take all actions required under City
Regulations and this Agreement necessary to: (i) obtain the City’s approval of a final plat of the
Phase 1 Development and commence construction on Phase 1 Development by the latter of
January 31, 2019 or thirty (30) days after the closing of the PID Bonds; and (ii) record a final plat
of the Phase 1 Development in the Land Recordings with the Collin County Clerk’s Office within
(2) years of the Effective Date. As it pertains to this Agreement, “commence construction”
includes initial grading or other site preparation as necessary for further development. If any of the
requirements set forth in Section 5.1(a)(2), Section 5.2(a), Section 5.3(a), or in this Section 5.9 are
not timely satisfied in accordance with this Agreement, the City may elect to terminate this
Agreement by providing the Developer with written notice of such failure(s) and its intent to
terminate this Agreement. If the City provides such written notice, the Developer shall have 120
days from the date that the City delivers said written notice in which to cure such failure(s). If the
Developer fails to cure such failure(s) before the expiration of said 120-day period, the City may
terminate this Agreement by delivering written notice of termination to the Developer, and the
Parties shall have no further obligations under this Agreement, including without limitation the
obligations set forth under Article VIII of this Agreement. If this Agreement is terminated under
this Section 5.9 or is otherwise terminated early under any other provision of this Agreement,
Developer must within 30 days of such termination file or caused to be filed with the City an
irrevocable petition by the owners of the Property to dissolve the PID and shall thereafter promptly
undertake any and all reasonable actions to facilitate the dissolution of the PID and—
notwithstanding anything to the contrary in this Agreement—the Developer’s obligations
regarding the dissolution of the PID in accordance with this section shall survive such termination.
Notwithstanding any provision of this Agreement, Developer shall pay to the City the
Development Agreement Extension Fee on or before the 10th day after the Effective Date. If
Developer shall fail to timely pay the City the Development Agreement Extension Fee, then this
Agreement shall terminate, and Developer shall have the surviving obligations set forth in this
section to take all necessary steps to dissolve the PID. The Development Agreement Extension
Fee shall not be refundable for any reason, including without limitation termination of this
Agreement for any reason.
ARTICLE VI
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PID BONDS
6.1 PID Bond Issuance. Subject to the satisfaction of conditions set forth in this article,
the City may issue PID Bonds solely for the purposes of acquiring or constructing Authorized
Improvements. The Developer may request issuance of PID Bonds by filing with the City a list
of the Authorized Improvements to be funded with the PID Bonds and the estimated costs of such
Authorized Improvements. The Developer acknowledges that the City may require at that time a
professional services agreement that obligates the Developer to fund the costs of the City's
professionals relating to the preparation for and issuance of PID Bonds, which amount shall be
agreed to by the Parties and considered a cost payable from such PID Bonds. The issuance of PID
Bonds is subject to the following conditions:
(1) the adoption of a service and assessment plan (the "Service and Assessment
Plan") and an assessment ordinance levying assessments on all or any portion
of the Property benefitted by such Authorized Improvements in amounts
sufficient to pay all costs related to such PID Bonds;
(2) the aggregate principal amount of PID Bonds issued and to be issued shall
not exceed $25,015,000.00;
(3) each series of PID Bonds shall be in an amount estimated to be sufficient to
fund the Authorized Improvements or portions thereof for which such PID
Bonds are being issued;
(4) delivery by the Developer to the City of a certification or other evidence from
an independent appraiser acceptable to the City confirming that the special
benefits conferred on the properties being assessed for the Authorized
Improvements increase the value of the property by an amount at least equal
to the amount assessed against such property;
(5) approval by the Texas Attorney General of the PID Bonds and registration
of the PID Bonds by the Comptroller of Public Accounts of the State of
Texas;
(6) the Developer is current on all taxes, fees and obligations to the City;
(7) the Developer is not in default under this Agreement;
(8) no outstanding PID Bonds are in default and no reserve funds have been
drawn upon that have not been replenished;
(9) review and approval by the City of the plats and construction plans for the
Authorized Improvements;
(10) the Administrator has certified that the specified portions of the costs of the
Authorized Improvements to be paid from the proceeds of the PID Bonds are
eligible to be paid with the proceeds of such PID Bonds;
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(11) the Authorized Improvements to be financed by the PID Bonds have been or
will be constructed according to the approved design specifications and
construction standards imposed by this Agreement including any applicable
City Regulations;
(12) a finance officer of the City, jointly with the City’s legal and financial
advisors, determine that there will be no negative impact on the City’s
creditworthiness, bond rating, access to or cost of capital, or potential for
liability and that the PID Bonds are structured and marketed appropriately,
meet all regulatory and legal requirements and are marketable under
financially reasonable terms and conditions;
(13) the City has determined that the amount of proposed PID assessments and
the structure, terms, conditions and timing of the issuance of the PID Bonds
are reasonable for the project costs to be financed and the degree of
development activity within the PID, and that there is sufficient security for
the PID Bonds to be creditworthy;
(14) the maximum maturity for PID Bonds shall not exceed 30 years from the
date of delivery thereof;
(15) the final maturity for any PID Bonds shall be not later than 45 years from the
date of this Agreement;
(16) unless otherwise agreed to by the City, the PID Bonds shall be sold and may
be transferred or assigned only (i) in compliance with applicable securities
laws and (ii) in minimum denominations of $25,000 or integral multiples of
$1,000 in excess thereof; provided, however, that the limitation on
transferability or assignment in this subparagraph (ii) shall not apply if the
PID Bonds have a rating of not less that BBB- from Fitch Ratings or Standard
& Poor’s Ratings Services or Baa3 from Moody's Investors Service, Inc.
(17) no information regarding the City, including without limitation financial
information, shall be included in any offering document relating to PID
Bonds without the consent of the City;
(18) simultaneous with closing the PID Bonds, Developer shall fund or cause the
funding of the Authorized Improvements to the extent that the Authorized
Improvements have not already been completed and paid for by Developer
or otherwise to the extent that the PID Bonds are insufficient to fund such
Authorized Improvements;
(19) simultaneous with closing the PID Bonds, Developer shall pay or cause to
be paid to the City the City PID Fee;
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(20) the Developer agrees to provide periodic information and notices of material
events regarding the Developer and the Developer's development within the
PID in accordance with Securities and Exchange Commission Rule 15c2-12
and any continuing disclosure agreements executed by the Developer in
connection with the issuance of PID Bonds;
(21) the Developer satisfies the City’s consulting engineer that the Budgeted
Cost(s) are reasonable;
(22) the Developer has timely paid to the City the Development Agreement
Extension Fee as set forth in Section 5.9; and
(23) minimum value to lien ratio of 50% for PID Bonds; provided that any
receivables due under any reimbursement agreement may be sold or assigned
in accordance with Section 11.1 of the Agreement; such value shall be
confirmed by appraisal from licensed MAI appraiser based on the
assumption that development of property only includes the public
improvements in place and to be constructed with the PID Bond proceeds
and any Developer Cash Contribution deposited with trustee and finished
lots (without vertical construction) for an improvement area.
6.2 Disclosure Information. The Developer agrees, represents and warrants that any
information provided by the Developer for inclusion in a disclosure document for an issue of
Bonds will not contain any untrue statement of a material fact or omit to state a material fact
required to be stated therein or necessary to make the statements made therein, in light of the
circumstances under which they were made, not misleading.
6.3 Qualified Tax-Exempt Status. The Developer agrees to pay the City any additional
costs ("Additional Costs") the City may incur in the issuance of PID Bonds and/or in the issuance
of other City obligations because the PID Bonds or other City obligations are deemed not to qualify
for the designation of "qualified tax-exempt obligations" as defined in section 265(b)(3) of the
Internal Revenue Code of 1986, as amended, as a result of the issuance of the PID Bonds. The
City’s Financial Advisor shall calculate such amount and the City shall provide a written invoice
to the Developer. The Developer shall pay such costs to the City within fifteen days of the date of
City’s invoice.
6.4 Developer Cash Contribution. At closing on any series of PID Bonds intended to
fund construction of Authorized Improvements that have not already been constructed by the
Developer, Developer shall deposit into the Developer Improvement Account a pro-rata amount
of the Developer Cash Contribution.
ARTICLE VII
PAYMENT OF AUTHORIZED IMPROVEMENTS
7.1 Improvement Account of the Project Fund. The Improvement Accounts of the
Project Fund shall be administered and controlled by the City and funds in the Improvement
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Account of the Project Fund shall be deposited and disbursed in accordance with the terms of the
Indenture.
7.2 Cost Overrun. If the total cost of the Authorized Improvements in the aggregate
exceeds the total amount of monies on deposit in the Improvement Account of the Project Fund,
the Developer shall be solely responsible for the remainder of the costs of the Authorized
Improvements, except as provided in Section 7.3 below.
7.3 Cost Underrun. Upon the final acceptance by City of an Authorized Improvement
and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of
such Authorized Improvement is less than the Budgeted Cost (a “Cost Underrun”), any remaining
Budgeted Cost, to the extent available in the monies on deposit in the Improvement Account of
the Project Fund, will be available to pay Cost Overruns on any other Authorized Improvement.
The City shall promptly confirm to the Trustee that such remaining amounts are available to pay
such Cost Overruns, and the Developer and the City will agree how to use such moneys to secure
the payment and performance of the work for other Authorized Improvements.
7.4 Remainder for Authorized Improvements. If funds remain in the Improvement
Account of the Project Fund after the completion of all Authorized Improvements and the payment
of all Authorized Improvements Costs, then such funds shall thereafter be the exclusive property
of the City and shall be used by the City for the purpose of paying or retiring the PID Bonds as
provided in the Indenture, the Services and Assessment Plan, and any construction funding
agreement entered into by the Parties.
ARTICLE VIII
TIRZ
8.1 Tax Increment Reinvestment Zone. If the PID Bonds are issued in accordance with
this Agreement, the City agrees that it will create, operate and maintain the TIRZ over the Property
with the intention to provide revenue to pay for: (i) the construction or acquisition of Authorized
Improvements to serve the Property; (ii) to reimburse the Developer for any costs advanced or
expended by the Developer related to the construction or acquisition of Authorized Improvements;
and/or (iii) to pay PID Bond Assessments or to retire all or part of the debt created by PID Bonds.
Determination of which of the three purposes (or a combination of those purposes), referenced
above, for which the TIRZ Increment shall be expended will be at the City’s sole discretion. The
City shall deposit and disburse, or cause to be deposited and disbursed, the TIRZ Increment in
accordance with the TIRZ Project and Finance plan. Notwithstanding any other provision of this
Agreement, the term of the TIRZ shall not extend beyond December 31, 2048 and the total
combined amount of the TIRZ Increment to be provided for the purposes described above shall
not exceed the Maximum TIRZ Contribution; provided that any TIRZ Increments due and
uncollected as of the termination date of the TIRZ shall be deposited and disbursed, when and if
received by the City, in accordance with the TIRZ Project and Finance Plan. If the total amount of
the TIRZ Increment collected and disbursed reaches the Maximum TIRZ Contribution during the
term of the TIRZ, then the TIRZ may be terminated at the City's sole discretion and the City shall
have no further obligations with respect to the TIRZ. The members of the TIRZ Board shall be
appointed by the City Council in accordance with Chapter 311, Texas Tax Code.
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8.2 Adjustment. The amount of the Maximum TIRZ Contribution shall be reduced by: (i) the
amount that actual debt service and additional interest for delinquency and prepayment reserves
on the PID Bonds (plus TIRZ administrative expenses) issued to fund the first $7,400,000 of
Authorized Improvements is less than the amount shown as “Net Debt Service and Other
Payments” on page 6 of Exhibit P; (ii) the amount of debt service of the PID Bonds issued to fund
the first $7,400,000 of Authorized Improvements is reduced as a result of the City providing funds,
other than PID Bond Assessment or TIRZ Increments, to discharge or pay debt service on such
PID Bonds; and (iii) the amount of any payments of assessments made by the City from funds
other than PID Bond Assessment or TIRZ Increments.
8.3 Additional TIRZ Qualified Projects. In addition to the listed Authorized Improvements,
qualified public improvement projects such as roads, sewers, drainage, water, right-of-way and
real estate acquisition projects (including the public safety property) totaling $2,629,943.00 is
included in the total TIRZ project amount as defined above, and shall be added to the TIRZ
Authorized Improvement list if not already included.
8.4 Conflict. To that this Agreement conflicts with the TIRZ Project and Finance Plan
approved by the City, this Agreement shall control.
ARTICLE IX
INTENTIONALLY LEFT BLANK
ARTICLE X
EVENTS OF DEFAULT; REMEDIES
10.1 Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given in writing (which notice shall set
forth in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period
to the extent expressly stated in this Agreement as relates to a specific failure to perform) after
written notice of the alleged failure has been given except as relates to a type of default for which
a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing,
no Party shall be in default under this Agreement if, within the applicable cure period, the Party to
whom the notice was given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a
Party shall be in default of its obligation to make any payment required under this Agreement if
such payment is not made within twenty (20) business days after it is due.
10.2 Remedies. As compensation for the other part y’s default, an aggrieved Party is
limited to seeking specific performance of the other party’s obligations under this Agreement.
However, the Parties agree that the Developer will not be required to specifically perform under
this Agreement in the event that the Developer satisfies all of its obligations under Section 6.1 and
the City does not issue PID Bonds on or before December 31, 2018. The City will not be required
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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to specifically perform under this Agreement in the event that the Developer does not satisfy all of
its obligations under its control pursuant to Section 6.1; or, regardless of Developer’s actions with
regard to its obligations under Section 6.1 if Developer does not request that the City issue the PID
Bonds by November 10, 2018.
ARTICLE XI
ASSIGNMENT; ENCUMBRANCE
11.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto. The obligations, requirements, or covenants to
develop the Property in this Agreement shall be able to be assigned to any affiliate or related entity
of the Developer, or any lien holder on the Property, without the prior written consent of the City.
The obligations, requirements or covenants to the development of the Property shall not be
assigned by Developer to a non-affiliate or non-related entity of the Developer without the prior
written consent of the City Manager of the City, which consent shall not be unreasonably withheld
if the assignee demonstrates financial ability to perform. Any receivables due under this
Agreement, any construction funding agreement, or any reimbursement agreement may be
assigned by the Developer upon written notice to the City pursuant to Section 11.5 of this
Agreement. An Assignee shall be considered a “Party” for the purposes of this Agreement. Each
assignment shall be in writing executed by Developer and the Assignee and shall obligate the
Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the
obligations, rights, title, or interests being assigned. No assignment by Developer shall release
Developer from any liability that resulted from an act or omission by Developer that occurred prior
to the effective date of the assignment unless the City approves the release in writing. Developer
shall maintain written records of all assignments made by Developer to Assignees, including a
copy of each executed assignment and, upon written request from any Party or Assignee, shall
provide a copy of such records to the requesting person or entity, and this obligation shall survive
the assigning Party’s sale, assignment, transfer, or other conveyance of any interest in this
Agreement or the Property.
11.2 Intentionally Deleted. This Section 11.2 has been intentionally deleted by the
Parties.
11.3 Assignees as Parties. An Assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance with Section 11.5 of this
Agreement shall be considered a “Party” for the purposes of this Agreement. With the exception
of the end-user of a lot within the Property, any person or entity upon becoming an owner of land
within the PID or upon obtaining an ownership interest in any part of the Property shall be deemed
to be a “Developer” and have all of the obligations of the Developer as set forth in this Agreement
and all related documents to the extent of said ownership or ownership interest.
11.4 Third Party Beneficiaries. Subject to Section 11.1 of this Agreement, this
Agreement only 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.
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11.5 Notice of Assignment. The following requirements shall apply in the event that the
Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or
any of its rights or benefits under this Agreement:
(a) the Developer must provide written notice to the City to the extent required under
Section 11.1 at least fifteen (15) business days in advance of any such sale,
assignment, transfer, or other conveyance;
(b) said notice must describe the extent to which any rights or benefits under this
Agreement will be sold, assigned, transferred, or otherwise conveyed;
(c) said notice must state the name, mailing address, and telephone contact information
of the person(s) that will acquire any rights or benefits as a result of any such sale,
assignment, transfer or other conveyance; and
(d) said notice must be signed by a duly authorized person representing the Developer
and a duly authorized representative of the person that will acquire any rights or
benefits as a result of the sale, assignment, transfer or other conveyance.
ARTICLE XII
RECORDATION AND ESTOPPEL CERTIFICATES
12.1 Binding Obligations. This Agreement and all amendments thereto and assignments
hereof shall be recorded in the property records of Collin County. This Agreement binds and
constitutes a covenant running with the Property and, upon the Effective Date, is binding upon the
Developer and the City, and forms a part of any other requirements for development within the
Property. This Agreement, when recorded, shall be binding upon the Parties and their successors
and assigns as permitted by this Agreement and upon the Property.
12.2 Estoppel Certificates. From time to time upon written request of the Developer or
any future owner, and upon the payment to the City of a $100.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, the City Manager, or
his/her designee will, in his official capacity and to his reasonable knowledge and belief, execute
a written estoppel certificate identifying any obligations of an owner under this Agreement that
are in default.
ARTICLE XIII
GENERAL PROVISIONS
13.1 Term. The term of this Agreement shall be fifteen (15) years after the Effective
Date unless extended by mutual agreement of the Developer and the City. Upon expiration of the
Term, the City shall have no obligations under this Agreement with the exception of: (i)
maintaining and operating the PID in accordance with the Service and Assessment Plan and the
Indenture; and (ii) fulfilling its obligations under the TIRZ Documents. The term of the TIRZ shall
be as stated in Article VIII of this Agreement.
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13.2 Public Infrastructure, Generally. Except as otherwise expressly provided for in this
Agreement, Developer shall provide all Public Infrastructure, including streets, utilities, drainage,
sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to
the City except as provided herein, and in accordance with City Regulations, and as approved by
the City’s engineer or his or her agent. Developer shall cause the installation of such improvements
within all applicable time frames in accordance with the City Regulations unless otherwise
approved herein. Developer shall provide engineering studies, plan/profile sheets, and other
construction documents at the time of platting as required by City Regulations. Such plans shall
be approved by the City’s engineer or his or her agent prior to approval of a Final Plat.
Construction of any portion of the Public Infrastructure shall not be initiated until a pre-
construction conference that includes a City representative has been held regarding the proposed
construction and City has issued a written notice to proceed.
13.3 Performance Bond, Payment Bond and Other Security. For each construction
contract for any part of the Development, Developer or Developer’s contractor must execute a
performance bond in favor of the City and a payment bond for the construction and work covered
by those contracts, which bonds shall be in accordance with Texas Government Code, Chapter
2253 and applicable City Regulations. For each construction contract for any part of the Public
Infrastructure, Developer or Developer’s contractor further must execute a Maintenance Bond in
accordance with applicable City Regulations that guarantee the costs of any repairs which may
become necessary to any part of the construction work performed in connection with the Public
Infrastructure, arising from defective workmanship or materials used therein, for a full period of
two (2) years from the date of final acceptance of the Public Infrastructure constructed under such
contract.
13.4 Inspections, Acceptance of Public Infrastructure, and Developer's Remedy. The
City shall inspect, as required by City Regulations, the construction of all Authorized
Improvements, and any Public Infrastructure necessary to support the proposed development
within the Property, including water, sanitary sewer, drainage, streets, park facilities, electrical,
and street lights and signs. The City’s inspections shall not release the Developer from its
responsibility to construct, or ensure the construction of, adequate Authorized Improvements and
Public Infrastructure in accordance with approved engineering plans, construction plans, and other
approved plans related to development of the Property. Notwithstanding any provision of this
Agreement, it shall not be a breach or violation of the Agreement if the City withholds City utility
services as to any portion of the Development until all required Public Infrastructure necessary to
such portion is properly constructed according to the approved engineering plans and City
Regulations, and until such Public Infrastructure has been dedicated to and accepted by the City.
From and after the inspection and acceptance by the City of the Public Infrastructure and any other
dedications required under this Agreement, such improvements and dedications shall be owned by
the City. Developer’s sole remedy for nonperformance of this Agreement by the City shall be to
seek specific performance and cost reimbursements pursuant to the terms of this Agreement.
13.5 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, his engineer, employees, officers or agents
for the accuracy and competency of their design and specifications. Further, any such approvals
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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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 or Developer’s engineer, or
engineer’s officers, agents, servants or employees, it being the intent of the parties that approval
by the City’s engineer signifies the City’s approval on only the general design concept of the
improvements to be constructed.
13.6 Insurance. Developer or its contractor(s) shall acquire and maintain, during the
period of time when any of the Public Infrastructure is under construction (and until the full and
final completion of the Public Infrastructure and acceptance thereof by the City: (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 which might arise out of the
Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor,
material man, or otherwise. Coverage must be on an "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
Infrastructure 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.
13.7 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER,
INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT
AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY
AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ALL THIRD-PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS
(TOGETHER, "CLAIMS") AGAINST THE CITY, 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 OF THE DEVELOPER, INCLUDING THE
NEGLIGENCE OF ITS RESPECTIVE 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
DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY
AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY
INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE
DEVELOPER AND THE CITY, THE DEVELOPER’S INDEMNITY OBLIGATION WILL BE
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LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE
DEVELOPER’S OWN PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER,
INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, 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 WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH
CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S
RELIANCE UPON THE DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; (2)
THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH
RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the
Developer’s design, construction or installation of any of the Public Infrastructure that is the
subject of this Agreement, nor the means, methods, techniques, sequences or procedures utilized
for said design, construction or installation. This Agreement does not create a joint enterprise or
venture between the City and Developer.
13.8 Eminent Domain. Developer agrees to use reasonable efforts to obtain all third-
party rights-of-way, consents, or easements, if any, required for the Public Infrastructure. If,
however, Developer is unable to obtain such third-party rights-of-way, consents, or easements
within ninety (90) days of commencing efforts to obtain the needed easements and right of way,
the City agrees to take reasonable steps to secure same (subject to City Council authorization after
a finding of public necessity) through the use of the City’s power of eminent domain. Developer
shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs,
attorney’s fees and related expenses, and appraiser and expert witness fees (collectively, “Eminent
Domain Fees”) paid or incurred by the City in the exercise of its eminent domain powers that for
any reason are not funded by the proceeds of the PID Bond or TIRZ Increment and shall escrow
with a mutually agreed upon escrow agent the City’s reasonably estimated Eminent Domain Fees
both in advance of the initiations of each eminent domain proceeding and as funds are needed by
the City. Provided that the escrow fund remains appropriately funded in accordance with this
Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so
that the Public Infrastructure can be constructed as soon as reasonably practicable. If the City’s
Eminent Domain Fees exceed the amount of funds escrowed in accordance with this paragraph,
Developer shall deposit additional funds as requested by the City into the escrow account within
ten (10) days after written notice from the City. Any unused escrow funds will be refunded to
Developer with thirty (30) days after any condemnation award or settlement becomes final and
non-appealable. Nothing in this subsection is intended to constitute a delegation of the police
powers or governmental authority of the City, and the City reserves the right, at all times, to control
its proceedings in eminent domain.
13.9 Payee Information. With respect to any and every type of payment/remittance due
to be paid at any time by the City to the Developer under this Agreement, the name of the payee
for such payment shall be CADG Hurricane Creek, LLC, and the payment/remittance shall be sent
or delivered to the following address:
CADG Hurricane Creek, LLC
1800 Valley View Lane
Suite 300
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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Farmers Branch, Texas 75234
Developer may change the name of the payee and/or address set forth above by delivering
written notice to the City designating a new payee and/or address.
13.10 Previous Facilities Agreement Void. To the extent that the Previous Facilities
Agreement or any other agreement with the City or incentive program previously undertaken by
the City—other than this Agreement—affects or relates in any way to the Property, said
agreements and incentive programs are null and void.
ARTICLE XIV
ADDITIONAL PROVISIONS
14.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the
Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the
consideration for entering into this Agreement and, but for the intent of the Parties reflected by the
recitals, would not have entered into this Agreement.
14.2 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
personally delivered or 72 hours following deposit of the same in any United States Post Office,
registered or certified mail, postage prepaid, addressed as follows:
To the City: Attn: City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
And to: Attn: Bond Counsel
McCall, Parkhurst & Horton, LLP
717 North Harwood, Suite 900
Dallas, TX 75201
To the Developer: CADG Hurricane Creek, LLC
Attn: Mehrdad Moayedi
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
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With a copy to: Attn: Robert Miklos
Miklos Cinclair, PLLC
1800 Valley View Lane, Suite 360
Farmers Branch, Texas 75234
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.
14.3 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
any dispute over the meaning or application of any provision of this Agreement, the provision will
be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless
of which Party originally drafted the provision.
14.4 Time. In this Agreement, time is of the essence and compliance with the times for
performance herein is required.
14.5 Authority and Enforceability. The City represents and warrants that this Agreement
has been approved by official action by the City Council of the City in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the Texas
Open Meetings Act) and that the individual executing this Agreement on behalf of the City has
been duly authorized to do so. The Developer represents and warrants that this Agreement has
been approved by appropriate action of the Developer, and that each individual executing this
Agreement on behalf of the Developer has been duly authorized to do so. Each Party respectively
acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against
such Party, in accordance with its terms and conditions and to the extent provided by law.
14.6 Severability. This Agreement shall not be modified or amended except in writing
signed by the Parties. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be
deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon
mutual agreement of the parties, be rewritten to be enforceable and to give effect to the intent of
the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall
be interpreted to give effect to the intent of the Parties.
14.7 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be
construed and enforced in accordance with, the laws of the State of Texas, and all obligations of
the Parties are performable in Collin County. Exclusive venue for any action related to, arising
out of, or brought in connection with this Agreement shall be in the Collin County District Court.
14.8 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
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 26
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.
14.9 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.
14.10 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description and Depiction of the Property
Exhibit B Authorized Improvements with their Budgeted Costs
Exhibit C Amenity Center
Exhibit D-1 Roadway Improvements – Phase 1
Exhibit D-2 Collector “B” Roadway Improvements
Exhibit D-3 Collector “C” Roadway Improvements
Exhibit D-4 Collector “D” Roadway Improvements
Exhibit E Home Buyer Disclosure Program
Exhibit F Landowner Agreement
Exhibit G Neighborhood Trails Plan
Exhibit G-1 Public Access Trails Plan
Exhibit H-1 Oversized and Offsite Sanitary Sewer Facilities
Exhibit H-2 Intentionally Omitted
Exhibit H-3 Hurricane Creek Regional Trunk Sewer Improvements
Exhibit I Phase 1 Development Plan
Exhibit J Intentionally Omitted
Exhibit K Previous Facilities Agreement
Exhibit L Intentionally Omitted
Exhibit M Water Facilities
Exhibit N Public Safety Property
Exhibit O Parkland Sites
Exhibit P City PID Bond financing and TIRZ Contribution Analysis - draft for
illustration purposes only
14.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care
in the performance of its respective obligations under this Agreement, and time shall be of the
essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within three (3) business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to
all the Parties, including a detailed explanation of the force majeure and a description of the action
that will be taken to remedy the force majeure and resume full performance at the earliest possible
time. The term “force majeure” shall include events or circumstances that are not within the
reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care.
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 27
14.12 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 the City and Developer expressly amending the terms of this Agreement.
14.13 Consideration. This Agreement is executed by the Parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT
BLANK]
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 28
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
By: ______________________________
Name: Nate Pike
Title: Mayor
Date:
APPROVED AS TO FORM
Name: Clark McCoy
Title: City Attorney
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the __ day of _______, 2018 by Nate
Pike, Mayor of the City of Anna, Texas on behalf of said City.
Notary Public, State of Texas
(SEAL)
Name printed or typed
Commission Expires:
FIRST AMENDED AND RESTATED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT
PAGE 29
DEVELOPER:
CADG Hurricane Creek, LLC,
a Texas limited liability company
By: CADG Holdings, LLC,
a Texas limited liability company
Its: Member
By: MMM Ventures, LLC,
a Texas limited liability company
Its: Manager
By: 2M Ventures, LLC,
a Delaware limited liability company
Its: Manager
By:______________________________
Name: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of ________________,
2018 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liability company,
as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG
Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC,
a Texas limited liability company, on behalf of said company.
___________________________________
Notary Public, State of Texas
Exhibit A
METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY
Exhibit B
AUTHORIZED IMPROVEMENTS WITH THEIR BUDGETED COSTS AND
MAP
Exhibit C
AMENITY CENTER
Exhibit D - 1
ROADWAY IMPROVEMENTS – PHASE 1
Exhibit D -2
COLLECTOR “B” ROADWAY IMPROVEMENTS
Exhibit D-3
COLLECTOR “C” ROADWAY IMPROVEMENTS
Exhibit D-4
COLLECTOR “D” ROADWAY IMPROVEMENTS
Exhibit E
HOME BUYER DISCLOSURE PROGRAM
The Administrator (as defined in the Service and Assessment Plan) shall facilitate notice
to prospective homebuyers in accordance the following notices. Administrator shall monitor the
enforcement of the following minimum requirements:
1. Record notice of the special assessment district in the appropriate land records for
the property.
2. Require builders to include notice of the special assessment district in addendum to
contract on brightly colored paper.
3. Collect a copy of the addendum signed by each buyer from builders and provide to
the City.
4. Require signage indicating that the property for sale is located in a special
assessment district and require that such signage be located in conspicuous places
in all model homes.
5. Prepare and provide to builders an overview of the District for those builders to
include in each sales packets.
6. Notify builders who estimate monthly ownership costs of the requirement that they
must include special taxes in estimated property taxes.
7. Notify Settlement Companies through the builders that they are required to include
special taxes on HUD 1 forms and include in total estimated taxes for the purpose
of setting up tax escrows.
8. Include notice of the special assessment district in the homeowner association
documents in conspicuous bold font.
9. The City will include announcements of the special assessment district on the City’s
web site and community channel.
10. The disclosure program shall be monitored by the Developer and Administrator.
Exhibit F
LANDOWNER AGREEMENT
LANDOWNER AGREEMENT
This LANDOWNER AGREEMENT (the “Agreement”), is entered into as of
__________________, among the City of Anna, Texas (the “City”), a home-rule municipality of
the State of Texas (the "State"), and _____________________, a Texas ___________ (the
“Landowner”).
RECITALS:
WHEREAS, Landowner owns the Assessed Parcels described by a metes and bounds
description attached as Exhibit A to this Agreement and which is incorporated herein for all
purposes, comprising all of the non-exempt, privately-owned land described in Exhibit A (the
“Landowner Parcel”) which is coterminous with the Villages of Hurricane Creek Public
Improvement District (the “District”) in the City; and
WHEREAS, the City Council has adopted an assessment ordinance for the Authorized
Improvements (including all exhibits and attachments thereto, the “Assessment Ordinance”) and
the Service and Assessment Plan included as an exhibit to the Assessment Ordinance (the “Service
and Assessment Plan”) and which is incorporated herein for all purposes, and has levied an
assessment on each Assessed Parcel in the District (as identified in the Service and Assessment
Plan) that will be pledged as the security for the payment of bonds or other obligations (the
“Bonds”) to be issued for the purpose of paying the costs of constructing the Authorized
Improvements that will benefit the Assessed Property (as defined in the Service and Assessment
Plan); and
WHEREAS, the Covenants, Conditions and Restrictions attached to this Agreement as
Exhibit C and which are incorporated herein for all purposes, include the statutory notification
required by Texas Property Code, Section 5.014, as amended, to be provided by the seller of
residential property that is located in a public improvement district established under Chapter 372
of the Texas Local Government Code, as amended (the "PID Act"), to the purchaser.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
obligations and benefits hereinafter set forth, the City and the Landowner hereby contract,
covenant and agree as follows:
DEFINITIONS; APPROVAL OF AGREEMENTS
Definitions. Capitalized terms used but not defined herein (including each exhibit hereto)
shall have the meanings ascribed to them in the Service and Assessment Plan.
Affirmation of Recitals. The findings set forth in the Recitals of this Agreement are hereby
incorporated as the official findings of the City Council.
I.
AGREEMENTS OF LANDOWNER
A. Affirmation and Acceptance of Agreements and Findings of Benefit. Landowner
hereby ratifies, confirms, accepts, agrees to, and approves:
(i) the creation and boundaries of the District, and the boundaries of the
Landowner’s Parcel which are coterminous with the District, all as shown on Exhibit A,
and the location and development of the Authorized Improvements on the Landowner
Parcel and on the property within the District;
(ii) the determinations and findings as to the benefits by the City Council in the
Service and Assessment Plan and the Assessment Ordinance;
(iii) the Assessment Ordinance and the Service and Assessment Plan.
B. Acceptance and Approval of Assessments and Lien on Property. Landowner
consents to, agrees to, acknowledges and accepts the following:
(i) each Assessment levied on the Landowner’s Parcel within the District, as
shown on the assessment roll attached as Appendix __ to the Service and Assessment Plan
(the “Assessment Roll”);
(ii) the Authorized Improvements specially benefit the District, and the
Landowner’s Parcel, in an amount in excess of the Assessment levied on the Landowner’s
Parcel within the District, as such Assessment is shown on the Assessment Roll;
(iii) each Assessment is final, conclusive and binding upon Landowner and any
subsequent owner of the Landowner’s Parcel, regardless of whether such landowner may
be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence
of a mandatory prepayment event as provided in the Service and Assessment Plan;
(iv) the obligation to pay the Assessment levied on the Landowner’s Parcel
owned by it when due and in the amount required by and stated in the Service and
Assessment Plan and the Assessment Ordinance;
(v) each Assessment or reassessment, with interest, the expense of collection,
and reasonable attorney’s fees, if incurred, is a first and prior lien against the Landowner’s
Parcel, superior to all other liens and monetary claims except liens or monetary claims for
state, county, school district, or municipal ad valorem taxes, and is a personal liability of
and charge against the owner of the Landowner’s Parcel regardless of whether such owner
is named;
(vi) the Assessment lien on the Landowner’s Parcel is a lien and covenant that
runs with the land and is effective from the date of the Assessment Ordinance and continues
until the Assessment is paid and may be enforced by the governing body of the City in the
same manner that an ad valorem tax lien against real property may be enforced by the City;
(vii) delinquent installments of the Assessment shall incur and accrue interest,
penalties, and attorney’s fees as provided in the PID Act;
(viii) the owner of an Landowner’s Parcel may pay at any time the entire
Assessment, with interest that has accrued on the Assessment, on any parcel in the
Landowner’s Parcel;
(ix) the Annual Installments of the Assessments (as defined in the Service and
Assessment Plan and Assessment Roll) may be adjusted, decreased and extended; and, the
assessed parties shall be obligated to pay their respective revised amounts of the annual
installments, when due, and without the necessity of further action, assessments or
reassessments by the City, the same as though they were expressly set forth herein; and
(x) Landowner has received, or hereby waives, all notices required to be
provided to it under State law, including the PID Act, prior to the Effective Date (defined
herein).
C. Mandatory Prepayment of Assessments. Landowner agrees and acknowledges that
Landowner may have an obligation to prepay an Assessment upon the occurrence of a mandatory
prepayment event, as provided in the Service and Assessment Plan.
D. Notice of Assessments. Landowner further agrees as follows:
(i) the Covenants, Conditions and Restrictions attached hereto as Exhibit C
shall be terms, conditions and provisions running with the Landowner’s Parcel and shall
be recorded (the contents of which shall be consistent with the Assessment Ordinance and
the Service and Assessment Plan as reasonably determined by the City), in the records of
the County Clerk of Collin County, as a lien and encumbrance against such Landowner’s
Parcel, and Landowner hereby authorizes the City to so record such documents against the
Landowner’s Parcel owned by Landowner;
(ii) reference to the Covenants, Conditions and Restrictions attached hereto as
Exhibit C shall be included on all recordable subdivision plats and such plats shall be
recorded in the real property records of Collin County, Texas;
(iii) in the event of any subdivision, sale, transfer or other conveyance by the
Landowner of the right, title or interest of the Landowner in the Landowner’s Parcel or any
part thereof, the Landowner’s Parcel, or any such part thereof, shall continue to be bound
by all of the terms, conditions and provisions of such Covenants, Conditions and
Restrictions and any purchaser, transferee or other subsequent owner shall take such
Landowner’s Parcel subject to all of the terms, conditions and provisions of such
Covenants, Conditions and Restrictions; and
(iv) Landowner shall comply with, and shall contractually obligate (and
promptly provide written evidence of such contractual provisions to the City) any party
who purchases any Landowner’s Parcel owned by Landowner, or any portion thereof, for
the purpose of constructing residential properties that are eligible for “homestead”
designations under State law, to comply with, the Homebuyer Education Program
described on Exhibit D to this Agreement. Such compliance obligation shall terminate as
to each Lot (as defined in the Service and Assessment Plan) if, and when, (i) a final
certificate of occupancy for a residential unit on such Lot is issued by the City, and (ii)
there is a sale of a Lot to an individual homebuyer, it being the intent of the undersigned
that the Homebuyer Education Program shall apply only to a commercial builder who is in
the business of constructing and/or selling residences to individual home buyers (a
“Builder”) but not to subsequent sales of such residence and Lot by an individual home
buyer after the initial sale by a Builder.
Notwithstanding the provisions of this Section, upon the Landowner’s request and the
City’s consent, in the City’s sole and absolute discretion, the Covenants, Conditions and
Restrictions may be included with other written restrictions running with the land on property
within the District, provided they contain all the material provisions and provide the same material
notice to prospective property owners as does the document attached as Exhibit C.
II.
OWNERSHIP AND CONSTRUCTION OF
AUTHORIZED IMPROVEMENTS
A. Ownership and Transfer of Authorized Improvements. Landowner acknowledges
that all of the Authorized Improvements and the land (or easements, as applicable) needed therefor
shall be owned by the City as constructed and/or conveyed to the City and Landowner will execute
such conveyances and/or dedications of public rights of way and easements as may be reasonably
required to evidence such ownership, as generally described on the current plats of the property
within the District.
B. Grant of Easement and License, Construction of Authorized Improvements.
(i) Any subsequent owner of the Landowner’s Parcel shall, upon the request of
the City or Developer, grant and convey to the City or Developer and its contractors,
materialmen and workmen a temporary license and/or easement, as appropriate, to
construct the Authorized Improvements on the property within the District, to stage on the
property within the District construction trailers, building materials and equipment to be
used in connection with such construction of the Authorized Improvements and for passage
and use over and across parts of the property within the District as shall be reasonably
necessary during the construction of the Authorized Improvements. Any subsequent owner
of the Landowner’s Parcel may require that each contractor constructing the Authorized
Improvements cause such owner of the Landowner’s Parcel to be indemnified and/or
named as an additional insured under liability insurance reasonably acceptable to such
owner of the Landowner’s Parcel. The right to use and enjoy any easement and license
provided above shall continue until the construction of the Authorized Improvements is
complete; provided, however, any such license or easement shall automatically terminate
upon the recording of the final plat for the Landowner’s Parcel in the real property records
of Collin County, Texas.
(ii) Landowner hereby agrees that any right or condition imposed by the
Improvement Agreement, or other agreement, with respect to the Assessment has been
satisfied, and that Landowner shall not have any rights or remedies against the City under
the Improvement Agreement, or under any law or principles of equity concerning the
Assessments, with respect to the formation of the District, approval of the Service and
Assessment Plan and the City’s levy and collection of the Assessments.
III.
COVENANTS AND WARRANTIES; MISCELLANEOUS
A. Special Covenants and Warranties of Landowner.
Landowner represents and warrants to the City as follows:
(i) Landowner is duly organized, validly existing and, as applicable, in good
standing under the laws of the state of its organization and has the full right, power and
authority to enter into this Agreement, and to perform all the obligations required to be
performed by Landowner hereunder.
(ii) This Agreement has been duly and validly executed and delivered by, and
on behalf of, Landowner and, assuming the due authorization, execution and delivery
thereof by and on behalf of the City and the Landowner, constitutes a valid, binding and
enforceable obligation of such party enforceable in accordance with its terms. This
representation and warranty is qualified to the extent the enforceability of this Agreement
may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other
similar laws of general application affecting the rights of creditors in general.
(iii) Neither the execution and delivery hereof, nor the taking of any actions
contemplated hereby, will conflict with or result in a breach of any of the provisions of, or
constitute a default, event of default or event creating a right of acceleration, termination
or cancellation of any obligation under, any instrument, note, mortgage, contract,
judgment, order, award, decree or other agreement or restriction to which Landowner is a
party, or by which Landowner or Landowner’s Parcel is otherwise bound.
(iv) Landowner is, subject to all matters of record in the Collin County, Texas
Real Property Records, the sole owner of the Landowner’s Parcel.
(v) The Landowner’s Parcel owned by Landowner is not subject to, or
encumbered by, any covenant, lien, encumbrance or agreement which would prohibit (i)
the creation of the District, (ii) the levy of the Assessments, or (iii) the construction of the
Authorized Improvements on those portions of the property within the District which are
to be owned by the City, as generally described on the current plats of the property within
the District (or, if subject to any such prohibition, the approval or consent of all necessary
parties thereto has been obtained).
(vi) Landowner covenants and agrees to execute any and all documents
necessary, appropriate or incidental to the purposes of this Agreement, as long as such
documents are consistent with this Agreement and do not create additional liability of any
type to, or reduce the rights of, such Landowner by virtue of execution thereof.
B. Waiver of Claims Concerning Authorized Improvements. The Landowner, with
full knowledge of the provisions, and the rights thereof pursuant to such provisions, of applicable
law, waives any claims against the City and its successors, assigns and agents, pertaining to the
installation of the Authorized Improvements.
C. Notices.
Any notice or other communication to be given to the City or Landowner under this
Agreement shall be given by delivering the same in writing to:
To the City: Attn: City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to: Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
And to: Attn: Bond Counsel
McCall, Parkhurst & Horton, LLP
717 North Harwood, Suite 900
Dallas, TX 75201
To the Developer: CADG Hurricane Creek, LLC
1800 Valley View Lane, Suite 300
Farmers Branch, Texas 75234
With a copy to: Attn: Robert Miklos
Miklos Cinclair, PLLC
1800 Valley View Lane, Suite 360
Farmers Branch, Texas 75234
Any notice sent under this Agreement (except as otherwise expressly required) shall be
written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written
confirmation at substantially the same time as such electronic or facsimile transmission, or
personally delivered to an officer of the recipient as the address set forth herein.
Each recipient may change its address by written notice in accordance with this Section.
Any communication addressed and mailed in accordance with this provision shall be deemed to
be given when so mailed, any notice so sent by electronic or facsimile transmission shall be
deemed to be given when receipt of such transmission is acknowledged, and any communication
so delivered in person shall be deemed to be given when receipted for, or actually received by, the
addressee.
D. Parties in Interest.
This Agreement is made solely for the benefit of the City and the Landowner and is not
assignable, except, in the case of Landowner, in connection with the sale or disposition of all or
substantially all of the parcels which constitute the Landowner’s Parcel. However, the parties
expressly agree and acknowledge that the City, the Landowner, each current owner of any parcel
which constitutes the Landowner’s Parcel, and the holders of bonds issued by the City to finance
the costs of the Authorized Improvements and which are secured by a pledge of the Assessments
or any part thereof, are express beneficiaries of this Agreement and shall be entitled to pursue any
and all remedies at law or in equity to enforce the obligations of the parties hereto. This Agreement
shall be recorded in the real property records of Collin County, Texas.
E. Amendments.
This Agreement may be amended only by written instrument executed by the City and the
Landowner. No termination or amendment shall be effective until a written instrument setting
forth the terms thereof has been executed by the then-current owners of the property within the
District and recorded in the Real Property Records of Collin County, Texas.
F. Effective Date.
This Agreement shall become and be effective (the “Effective Date”) upon the date of final
execution by the latter of the City and the Landowner and shall be valid and enforceable on said
date and thereafter.
G. Estoppels.
Within 10 days after written request from a party hereto, the other party shall provide a
written certification, indicating whether this Agreement remains in effect as to the Landowner’s
Parcel, and whether any party is then in default hereunder.
H. Termination.
This Agreement shall terminate and be of no further force and effect as to the Landowner’s
Parcel upon payment in full of the Assessment(s) against such Landowner’s Parcel.
[Signature pages to follow]
[Signature Page Landowner Agreement]
EXECUTED by the City and Landowner on the respective dates stated below.
Date: ___________________ CITY OF ANNA, TEXAS
By: ________________________________
City Manager
LANDOWNER
_________________________
a Texas ___________________,
By: __________________________
__________________________,
its manager
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the __ day of ____________, 2015, by
_______________________ in his capacity as Manager of _____________________________,
known to be the person whose name is subscribed to the foregoing instrument, and that he executed
the same on behalf of and as the act of Manager of ______________________________.
_____________________________________
Notary Public, State of Texas
My Commission Expires:
________________________________
LANDOWNER AGREEMENT - EXHIBIT A
METES AND BOUNDS DESCRIPTION OF LANDOWNER’S PARCEL
LANDOWNER AGREEMENT - EXHIBIT B
SERVICE AND ASSESSMENT PLAN
LANDOWNER AGREEMENT - EXHIBIT C
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (as
it may be amended from time to time, this “Declaration”) is made as of _____________________
by ____________________________________ a Texas ____________ (the “Landowner”).
RECITALS:
A. The Landowner holds record title to that portion of the real property located in Collin
County, Texas, which is described in the attached Exhibit A (the “Landowner’s Parcel”).
B. The City Council of the City of Anna (the “City Council”) upon a petition requesting the
establishment of a public improvement district covering the property within the District to
be known as the Villages of Hurricane Creek Public Improvement District (the “District”)
by the then current owners of 100% of the appraised value of the taxable real property and
100% of the area of all taxable real property within the area requested to be included in the
District created such District, in accordance with the Public Improvement District
Assessment Act, Chapter 372, Texas Local Government Code, as amended (the “PID
Act”).
C. The City Council has adopted an assessment ordinance to levy assessments for certain
public improvements (including all exhibits and attachments thereto, the “Assessment
Ordinance”) and the Service and Assessment Plan included as an exhibit to the Assessment
Ordinance (as amended from time to time, the “Service and Assessment Plan”), and has
levied the assessments (as amended from time to time, the “Assessments”) on property in
the District.
D. The statutory notification required by Texas Property Code, Section 5.014, as amended, to
be provided by the seller of residential property that is located in a public improvement
district established under Chapter 372 of the Texas Local Government Code, as amended,
to the purchaser, is incorporated into these Covenants, Conditions and Restrictions.
DECLARATIONS:
NOW, THEREFORE, the Landowner hereby declares that the Landowner’s Parcel is and
shall be subject to, and hereby imposes on the Landowner’s Parcel, the following covenants,
conditions and restrictions:
1. Acceptance and Approval of Assessments and Lien on Property:
(a) Landowner accepts each Assessment levied on the Landowner’s Parcel owned by
such Landowner.
(b) The Assessment (including any reassessment, the expense of collection, and
reasonable attorney’s fees, if incurred) is (a) a first and prior lien (the “Assessment
Lien”) against the property assessed, superior to all other liens or claims except for
liens or claims for state, county, school district or municipality ad valorem property
taxes whether now or hereafter payable, and (b) a personal liability of and charge
against the owners of the property to the extent of their ownership regardless of
whether the owners are named. The Assessment Lien is effective from the date of
the Assessment Ordinance until the Assessments are paid and may be enforced by
the City in the same manner as an ad valorem property tax levied against real
property that may be enforced by the City. The owner of any assessed property
may pay, at any time, the entire Assessment levied against any such property.
Foreclosure of an ad valorem property tax lien on property within the District will
not extinguish the Assessment or any unpaid but not yet due annual installments of
the Assessment, and will not accelerate the due date for any unpaid and not yet due
annual installments of the Assessment.
It is the clear intention of all parties to these Declarations of Covenants, Conditions
and Restrictions, that the Assessments, including any annual installments of the
Assessments (as such annual installments may be adjusted, decreased or extended),
are covenants that run with the Landowner’s Parcel and specifically binds the
Landowner, its successors and assigns.
In the event of delinquency in the payment of any annual installment of the
Assessment, the City is empowered to order institution of an action in district court
to foreclose the related Assessment Lien, to enforce personal liability against the
owner of the real property for the Assessment, or both. In such action the real
property subject to the delinquent Assessment may be sold at judicial foreclosure
sale for the amount of such delinquent property taxes and Assessment, plus
penalties, interest and costs of collection.
2. Landowner or any subsequent owner of the Landowner’s Parcel waives:
(a) any and all defects, irregularities, illegalities or deficiencies in the proceedings
establishing the District and levying and collecting the Assessments or the annual
installments of the Assessments;
(b) any and all notices and time periods provided by the PID Act including, but not
limited to, notice of the establishment of the District and notice of public hearings
regarding the levy of Assessments by the City Council concerning the Assessments;
(c) any and all defects, irregularities, illegalities or deficiencies in, or in the adoption
of, the Assessment Ordinance by the City Council;
(d) any and all actions and defenses against the adoption or amendment of the Service
and Assessment Plan, the City’s finding of a ‘special benefit’ pursuant to the PID
Act and the Service and Assessment Plan, and the levy of the Assessments; and
(e) any right to object to the legality of any of the Assessments or the Service and
Assessment Plan or to any of the previous proceedings connected therewith which
occurred prior to, or upon, the City Council’s levy of the Assessments.
3. Amendments: This Declaration may be terminated or amended only by a document duly
executed and acknowledged by the then-current owner(s) of the Landowner’s Parcel and
the City. No such termination or amendment shall be effective until a written instrument
setting forth the terms thereof has been executed by the parties by whom approval is
required as set forth above and recorded in the real Property Records of Collin County,
Texas.
4. Third Party Beneficiary: The City is a third party beneficiary to this Declaration and
may enforce the terms hereof.
5. Notice to Subsequent Purchasers: Upon the sale of a dwelling unit within the District,
the purchaser of such property shall be provided a written notice that reads substantially
similar to the following:
TEXAS PROPERTY CODE SECTION 5.014
NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT
ASSESSMENT TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS
CONCERNING THE PROPERTY AT [Street Address]
As the purchaser of this parcel of real property, you are obligated to pay an assessment to
the City of Anna, Texas, for improvement projects undertaken by a public improvement
district under Chapter 372 of the Texas Local Government Code, as amended. The
assessment may be due in periodic installments.
The amount of the assessment against your property may be paid in full at any time together
with interest to the date of payment. If you do not pay the assessment in full, it will be due
and payable in annual installments (including interest and collection costs). More
information concerning the amount of the assessment and the due dates of that assessment
may be obtained from the City of Anna, 111 N. Powell Parkway, Anna, Texas 75409
Your failure to pay the assessment or the annual installments could result in a lien and in
the foreclosure of your property.
Signature of Purchaser(s)___________________________ Date:___________________
The seller shall deliver this notice to the purchaser before the effective date of an executory
contract binding the purchaser to purchase the property. The notice may be given
separately, as part of the contract during negotiations, or as part of any other notice the
seller delivers to the purchaser. If the notice is included as part of the executory contract
or another notice, the title of the notice prescribed by this section, the references to the
street address and date in the notice, and the purchaser’s signature on the notice may be
omitted.
EXECUTED by the undersigned on the date set forth below to be effective as of the date first
above written.
LANDOWNER
___________________________________
a Texas ___________________,
By: __________________________
___________________________,
its manager
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the __ day of ____________, 20___, by
__________________ in his capacity as Manager of ___________________________, known to
be the person whose name is subscribed to the foregoing instrument, and that he executed the same
on behalf of and as the act of Manager of _______________________________.
_____________________________________
Notary Public, State of Texas
My Commission Expires:
________________________________
LANDOWNER AGREEMENT - EXHIBIT D
HOMEBUYER EDUCATION PROGRAM
As used in this Exhibit D, the recorded Notice of the Authorization and Establishment of the
Villages of Hurricane Creek Public Improvement District and the Covenants, Conditions and
Restrictions in Exhibit C of this Agreement are referred to as the “Recorded Notices.”
1. Any Landowner who is a Builder shall attach the Recorded Notices and the final
Assessment Roll for such Assessed Parcel (or if the Assessment Roll is not available for such
Assessed Parcel, then a schedule showing the maximum 30 year payment for such Assessed
Parcel) as an addendum to any residential homebuyer’s contract.
2. Any Landowner who is a Builder shall provide evidence of compliance with 1 above,
signed by such residential homebuyer, to the City.
3. Any Landowner who is a Builder shall prominently display signage in its model homes, if
any, substantially in the form of the Recorded Notices.
4. If prepared and provided by the City, any Landowner who is a Builder shall distribute
informational brochures about the existence and effect of the District in prospective homebuyer
sales packets.
5. Any Landowner who is a Builder shall include Assessments in estimated property taxes, if
such Builder estimates monthly ownership costs for prospective homebuyers.
Exhibit G
NEIGHBORHOOD TRAILS PLAN
Exhibit G-1
PUBLIC ACCESS TRAILS PLAN
Exhibit H-1
OVERSIZED AND OFFSITE SANITARY SEWER FACILITIES
Exhibit H-2
[INTENTIONALLY OMITTED]
Exhibit H-3
HURRICANE CREEK REGIONAL TRUNK SEWER IMPROVEMENTS
Exhibit I
PHASE 1 DEVELOPMENT PLAN
Exhibit J
[INTENTIONALLY OMITTED]
Exhibit K
PREVIOUS FACILITIES AGREEMENT
Exhibit L
[INTENTIONALLY OMITTED]
Exhibit M
WATER FACILITIES
Exhibit N
PUBLIC SAFETY FACILITIES
Exhibit O
PARKLAND SITES
Exhibit P
CITY PID BOND FINANCING AND TIRZ CONTRIBUTION ANALYSIS –
DRAFT FOR ILLUSTRATION PURPOSES ONLY
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Consider/Discuss/Action of a Resolution of reinstatement for the Preliminary P lat of the Villages of
Hurricane Creek. (Maurice S chwanke)
S UM M ARY:
The V illages of H urricane C reek preliminary plat has expired. A s part of the nego a ons for a revised
subdivis ion improvement agreement the preliminary plat needs to be reins tated.
The V illages of H urricane Creek preliminary plat contains 368.2 acres of land 654 residen al lots, an
amenity center, a fir e s ta on loca on, and tw o public par k ar eas . A ddi onally, w ithin the area are
numerous planned H O A parcels to be kept as open s paces and lands cape ar eas . The lot s izes range from
8,400 s quar e feet to 15,000 s quare feet. This proposal is in keeping w ith the z oning request recently
approved at C ity C ouncil. The P r eliminar y P lat has been review ed by the C ity S taff and our C ons ul ng
Engineer.
The remaining comments addr es s engineering pr ovis ions that w ill be addres s ed w hen various s ec ons are
final pla1ed. Tw o variance to the s ubdivision rules and regula ons are being reques ted with this plat. The
firs t is a v ariance to the maximum block length and the s econd is a variance to the minimum centerline
radius for Collector A . T he P lanning and Zoning recommended approval of the preliminary plat s ubject to
staff ’s comments at their mee ng November 3, 2014. The vote w as unanimous.
S TAF F RE C O M M E ND AT I O N:
The s taff is recommending appr oval of the reins tatement of the P reliminary P lat s ubject the variance
reques ts being granted.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
L ocation Map 8/24/2018 Backup Material
Preliminary P lat 8/24/2018 Backup Material
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS REINSTATING THE APPROVED
PRELIMINARY PLAT OF THE “VILLAGES OF HURRICANE CREEK ADDITION”
GENERALLY LOCATED IN ANNA’S CITY LIMITS LOCATED WEST OF U.S. HWY 75 AND
NORTH OF FARM TO MARKET HWY 455 AND IS SUBJECT TO THE SUBDIVISION
RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”)
has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and
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. Reinstatement of the previously approved Preliminary Plat
The City Council hereby reinstates the previously approved preliminary plat of the “Villages
of Hurricane Creek” subject to the following conditions:
Variances
Variance to the maximum block length.
Variance to the minimum centerline radius for Collector A.
General Preliminary Plat Comments
1.) ROW dedication is shown off-site between the proposed tract and FM 544. Off-
site ROW dedication will be required prior to any phase of this project being
developed.
2.) City ordinance requires two points of access, whereas only one is shown for the
entire development.
3.) Preliminary Plat shall have the RPLS of record’s contact information, license
number, and survey firm number.
4.) Legal description and curve data not provided.
5.) Clarify if the tract labeled as “Fire Station” is being dedicated to the City or who will
own the tract.
6.) Written release required from all existing easement holders.
7.) Clearly label all property on adjacent tracts.
Preliminary Storm Drainage Plan Comments
The following City Ordinances regarding the storm drainage design of the proposed
improvements are applicable:
Article 3, Section 11 of the Subdivision Ordinance
- “Drainage improvements shall accommodate runoff from the upstream drainage area
and shall be designed to prevent overloading the capacity of the downstream drainage
system or adversely impacting either upstream or downstream properties…”
Article 4, Section 2 of the Subdivision Ordinance
- “All creeks and drainage channels shall be preserved and protected in their natural
condition wherever possible unless significant storm drainage improvements are
required by the City…”
Article 5, Section 9 of the Subdivision Ordinance
- “An adequate storm sewer system consisting of inlets, pipes and other underground
structures with approved outlets shall be constructed where runoff of storm water and
the prevention of erosion cannot be accomplished satisfactorily by surface drainage
facilities…”
Section 3 of City Design Standards
- “Drainage facilities shall be designed and constructed at such locations and of such
size and dimensions to adequately serve the development and the contributing
drainage area above the development, as well as the affected areas downstream. The
developer shall provide all necessary easements and rights-of-way required…”
A detailed design to be submitted for the Villages of Hurricane Creek include a flood study
completed to the level of a CLOMR submittal. The hydrology for the flood study shall include
flows, elevations and velocities for the basin with fully developed flow, as well as a current
effective model with the proposed development. The proposed development shall not
adversely impact any upstream or downstream properties.
8.) Provide the flood study referenced for review.
9.) Several lots are located within the floodplain.
10.) The floodplain areas shown stop at the eastern and northern boundaries of the
tract. Show the extents of the floodplain within the basin.
11.) Details regarding the existing ponds, spillways and discharges, detention, etc.
will be required with the engineering design.
12.) Off-site drainage area to the south was not accounted for.
Preliminary Utility Plan Comments
13.) Sanitary sewer calculations will be required during the design phase. Including
peaking factors as well as Inflow and Infiltration (I&I).
14.) Dead end water lines are not allowed.
15.) As shown, the water line on the northern portion of the tract is connected to the
southern portion at a single point. Add additional points of connect/redundancy
as indicated on the mark-ups.
16.) Manholes located within the floodplain shall have sealed lids.
17.) During the design process, the sanitary sewer system shall be evaluated for
manholes that may be at increased risk of corrosion. Manholes that have
excess velocity, large velocity changes, drops, etc. shall have a corrosion
resistant epoxy coating.
18.) Underground structures shall be NCTCOG class “F”.
19.) Maximum distance between valves shall be 1,000-feet.
20.) Where installing water lines 12-inches and larger, a clear space of 20-feet shall
be provided. This can be a combination of ROW and utility easements but may
not be under pavement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August, 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
610620
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33
– 2.34 ACRES
OPEN SPACE
LOT 8X PRIVATE
– 0.69 ACRES
OPEN SPACE
LOT 1X PRIVATE
– 1.21 ACRES
OPEN SPACE
LOT 1X PRIVATE
32
– 1.80 ACRES
OPEN SPACE
LOT 9X PRIVATE
– 1.12 ACRES
OPEN SPACE
LOT 19X PRIVATE ECAPS NEPO ’
0
1
- X4
2
TOL– 0.22 ACRES
OPEN SPACE
PRIVATE
LOT 19X
– 0.27 ACRES
OPEN SPACE
PRIVATE
LOT 9X
– 0.17ACRES
10’ OPEN SPACE
LOT 10X PRIVATE
– 8.77 ACRES
10’ OPEN SPACE
LOT 1X PRIVATE
– 0.69 ACRES
OPEN SPACE
LOT 1X PRIVATE
ECAPS NEPO ’01 -
X8 TOL– 0.45 ACRES
OPEN SPACE
LOT 5X PRIVATE
– 4.60 ACRES
OPEN SPACE
PRIVATE
LOT 1X ’A’ ROTCELLOCCOLLECTOR ’B’COLLECTOR ’C’COLLECTOR ’D’
COLL
E
CTOR ’C’
COLLECTOR ’C’COLLECTOR ’B’STREET ’C’SPACE
10’ OPEN
16
17
18
19
20
21
22 23
242526
27
– 0.44 ACRES
OPEN SPACE
PRIVATE
LOT 2X
STREET ’A’
STREET ’B’
STREET ’A’
STREET ’A’
STREET ’D’
STREET ’D’
STREET ’E’
STREET ’G’STREET ’F’STREET ’G’STREET ’H’
STREET ’J’STREET ’I’STREET ’K’
STREET ’L’STREET ’M’STREET ’O’STREET ’N’STREET ’Q’STREET ’R’STREET ’S’STREET ’U’STREET ’V’STREET ’T’
STREET ’W’
STREET ’Y’
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RTSSTREET ’A’– 2.22 ACRES
FIRE STATION
– 5.90 ACRES
LAND DEDICATION
PUBLIC PARK
– 30.68 ACRES
LAND DEDICATION
PUBLIC PARK
– 46.28 ACRES
OPEN SPACE
LOT 50X PRIVATE
– 26.81 ACRES
OPEN SPACE
LOT 2X PRIVATE
– 7.23 ACRES
OPEN SPACE
LOT 17X PRIVATE – 6.52 ACRES
OPEN SPACE
LOT 1X PRIVATE
– 46.28 ACRES
OPEN SPACE
LOT 50X PRIVATE
– 0.99 ACRES
OPEN SPACE
LOT 1X PRIVATE
– 2.25 ACRES
AMENITY CENTER
ECAPS NEPO ’01 -
X01 TOLFUTURE
COLLECTOR
’C’
21
22
23
26
– 0.23 ACRES
OPEN SPACE
PRIVATE
LOT 22X
SHEET NO.
NORTH
OF
0 200’400’600’
GRAPHIC SCALE
J:\Job\CEN13023_Hurricane Creek\Ent\PPLAT\Submittals\20141031 Collector PPlat Submittal\CEN13023_pplat.shtPHONE: 817-562-3350
KELLER, TX 76244
SUITE 185
5751 KROGER DRIVE
TEXAS FIRM NO. 12207
MPREVIEWED BY
SEPTEMBER 2014DATE
CEN13023PROJECT NO.
J:JOB\CEN13023\ENTFILE PATH
PRELIMINARY - FOR REVIEW ONLY
Type or Print Name PE # Date
prepared by, or under supervision of:
Bidding or Permit Purposes. They were
and not Intended for Construction,
These documents are for Design Review
DEVELOPER
OWNERS
PLANNER / ENGINEER
CREEK
OF HURRICANE
THE VILLAGES
FAX: 817886-3626
PHONE: 469-892-7200
CARROLTON, TX 75006
1221 N. I-35E, STE 200
DEVELOPMENT GROUP
CENTURION AMERICAN
T. RATTAN SURVEY, ABSTRACT NUMBER 785
W. RATTAN SURVEY, ABSTRACT NUMBER 752
J. W. MITCHEL SURVEY, ABSTRACT NUMBER 565
J. M. KINCADE SURVEY, ABSTRACT NUMBER 509
JOHN COFFMAN SURVEY, ABSTRACT NUMBER 197
JOSEPH BOYLE SURVEY, ABSTRACT NUMBER 105
IN THE FOLLOWING COLLIN COUNTY, TX SURVEYS:
BEING A –368.2 ACRE TRACT OF LAND SITUATED
RECORDED IN VOL 5257, PG 4877, COLLIN COUNTY, TX
AS DESCRIBED BY DEED TO DON COLLINS, ET AL
AND BEING PART OF A CALLED 114.252 ACRE TRACT
CREEK, LP RECORDED IN VOL. 5430, PG 9864
DESCRIBED BY DEED TO VILLAGES OF HURRICANE
AND BEING ALL OF A CALLED 262.41 ACRE TRACT AS
3
PROPOSED ZONING: ’PD’ RESIDENTIAL
CURRENT ZONING: ’AG’, ’PD 55-2003’, ’PD 2001-18’
ANNA, COLLIN COUNTY, TX
75
75
5
5
JAKDRAWN BY
A PRELIMINARY PLAT FOR
1 AMENITY CENTER (– 2.25 ACRES)
1 FIRE STATION (– 2.22 ACRES)
2 PUBLIC OPEN SPACE LOTS (PARKS)
20 PRIVATE OPEN SPACE LOTS
654 RESIDENTIAL LOTS
1
MARC PAQUETTE 84936 09-03-2014
MCKINNEY, TX 75070-4009
2705 CLUBLAKE TRAIL
HURRICANE CREEK, LP
VILLAGES OF
OCTOBER 31, 2014REV:
PARCEL ID: 1001338
TRACT 3, 119.0 ACRES
ABS A0105 JOS BOYLE SURVEY,
JAN SHERLEY MILLER, ET AL
PARCEL ID: 2138032
TRACT 1, 66.845 ACRES
ABS A0752 WS RATTON SURVEY,
JAN SHERLEY MILLER, ET AL
PARCEL ID: 1007216
TRACT 1, 31.68 ACRES
ABS A0509 JM KINCAID SURVEY,
JAN SHERLEY MILLER, ET AL
PARCEL ID: 2657309
TRACT 6, 49.776 ACRES
ABS A0509 JM KINCAID SURVEY,
BLUE SPRUCE LTD PSHP
PARCEL ID: 1007421TRACT 18, 17.0 ACRESABS A0510 JM KINCAID SURVEY,JL RATTANPARCEL ID: 2649650
TRACT 1, 40.33 ACRES
ABS A0510 JM KINCAID SURVEY,
JL RATTAN
PARCEL ID: 2649651
TRACT 18, 4.67 ACRES
ABS A0510 JM KINCAID SURVEY,
DWIGHT GRIGGER
PARCEL ID: 2528703
TRACT 2, 40.1598 ACRES
ABS A0197 JOHN COFFMAN SURVEY,
WBK PARTNERS LTD
PARCEL ID: 2518070
TRACT 18, 8.55 ACRES
ABS A0782 THOMAS RATTON SURVEY,
STEVE CAMERON
DON COLLINS, TED K. TEDFORD &
PARCEL ID: 2518069
TRACT 2, 21.05 ACRES
ABS A0782 THOMAS RATTON SURVEY,
ONE ANNA TWO LTD
PARCEL ID: 2518071
TRACT 4, 60.7947 ACRES
ABS A0752 WS RATTON SURVEY,
ONE ANNA TWO LTD
75
ROSEWAY ST
SCS POND #45
LEGEND
SOUTH CENTRAL EXPRESSWAYEXISTING DAM
NOTES:
WHICH IT WAS PREPARED.
BOUNDARY OF THE POLITICAL SUBDIVISION FOR
CREATION OR RECONFIGURATION OF THE
INTERESTS IMPLIED OR ESTABLISHED BY THE
REAL PROPERTY EXCEPT THOSE RIGHTS AND
USED TO CONVEY OR ESTABLISH INTERESTS IN
ON THE GROUND SURVEY, AND IS NOT TO BE
663.21, DOES NOT REFLECT THE RESULTS OF AN
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 3.
FLOODPLAINS SHOWN ON THIS PLAT.
ROADWAY CROSSINGS ARE REFLECTED IN THE
CHANNEL MODIFICATIONS, IMPROVEMENTS, OR
ACCURATE ON-THE-GROUND SURVEY DATA. NO
SUBJECT TO REVISIONS BASED ON MORE
FLOODPLAIN LIMITS COULD THEREFORE BE
IS THE BEST AVAILABLE DATA AT THIS TIME. THE
DELINEATED ON LIDAR TOPOGRAPHY, WHICH
THE FLOODPLAINS WERE DEVELOPED AND
ON FULLY-DEVELOPED WATERSHED HYDROLOGY.
TRIBUTARIES AND SCS POND # 45 ARE BASED
FLOODPLAINS SHOWN FOR UNNAMED 2.
EFFECTIVE 06/02/2009.
COUNTY DFIRM PANEL NO. 48085C0155J,
CREEK (MAINSTEM) ARE TAKEN FROM COLLIN
FLOODPLAINS SHOWN FOR HURRICANE 1.
COLLIN COUNTY, TEXAS
VOLUME 1, PAGE 769
TEXAS POWER AND LIGHT CO.
170’ OVERHEAD ELECTRIC EASEMENT COLLIN COUNTY, TEXASVOLUME 1, PAGE 769TEXAS POWER AND LIGHT CO.170’ OVERHEAD ELECTRIC EASEMENTTO REMAIN
TRANSMISSION TOWER
EXISTING ELECTRICAL
N 895814W, 849.21’387.21’N 000427WS 895424W, 2687.84’N 033344E, 1188.00’’365.15
N 882626W’N 024815E, 1930.31N 895255E, 465.63’N 891532E, 742.56’900000E, 1755.97’232.18’S 001057WN 895612E, 1184.36’121.60’S 154202W201.55’S 010639ECD=204.65
CB=S 7 17’ 41" W
D=16 48’ 41"
=205.39’
R=700.00’
CD=204.65
CB=S 7 17’ 41" W
D=16 48’ 41"
=205.39’
R=700.00’
CD=116.30
CB=S 3 39’ 15" W
D=9 31’ 48"
=116.43’
R=699.99’S 082509W, 393.86’CD=101.60
CB=S 4 15’ 28" W
D=8 19’ 23"
=101.69’
R=700.03’
CD=518.00
CB=S 21 48’ 40" W
D=43 25’52"
=530.61’
R=700.00’
310.13’
S 433137W 55.96’
S 010639E
265.80’S 005611E N 894450W, 587.06’
F M 455
ZONING
EXISTING ’AG’
ZONING
EXISTING ’AG’
ZONING
’PD 2001-18’
EXISTING
DISTRICT
FLOODPLAIN
EXISTING
DISTRICT
FLOODPLAIN
EXISTING
DISTRICT
FLOODPLAIN
EXISTING ’SF-E’ ZONING
EXISTING
ZONING
EXISTING ’AG’
ZONING
EXISTING ’PD 134-2004’S 082509W, 1035.62’COUNTY
COLLIN
ANNA
CITY OF
ANNA
CITY OF
COUNTY
COLLIN
PARCEL ID: 1002177
TRACT 3-9, 30.89 ACRES
COFFMAN SURVEY,
ABS A0197 JOHN
DWIGHT GRIGGER
COUNTY
COLLIN
ANNA
CITY OF
CITY LIMITS
CITY LIMITSCITY LIMITSBL BUILDING LINE
DE DRAINAGE EASEMENT
SANITARY SEWER EASEMENTSSE
UE UTILITY EASEMENT
TYP TYPICAL
ROW RIGHT OF WAY
ESMT EASEMENT
1 BLOCK DESIGNATION
EXISTING TREE CANOPY
EXISTING FEMA 100 YEAR FLOODPLAIN
PRE-PROJECT 100 YEAR FLOODPLAIN
ANNA CITY LIMITS EXTENT
PHASE 1 BOUNDARY - 152 LOTS
N 891100E 794.06’
VARIANCES REQUESTED:
(ARTICLE 3, SECTION 1.15)
MAXIMUM BLOCK LENGTH 800’2.
REQUIRED - 850’ REQUESTED (COLLECTOR A)
CURVATURE ARTERIAL ROADWAY 1200’
MINIMUM HORIZONTAL CENTERLINE1.
TYPICAL LOT EASEMENT LAYOUT
N.T.S.
VICINITY MAP
N.T.S.NORTH
LOCATION
PROJECT
OUTER LOOP
COLLIN COUNTY
F M 455
F M 455F M 455100’ TYP169’100’ TYP
165’162’155’153’100’ TYP
R50
’
R50’
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R50’R50’R50’R50’R50’R50’R50’
R50’R50’R50’R50’R50’R50’R75’
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50’
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O
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’69’100’75’TYP
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0
’75’70’ TYP152’85’75’TYP
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11
7’9’
55 ’
1
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TYP12
0
’120’69’
1
4
6
’128’35’149’
120’
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5
2
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6
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3
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’ TYP74’
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13’54’26’123’41’68’69’36’68’69’
6
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42
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YP
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4’121’120’
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YP
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’76’55’
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TYP
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0’120’17
1
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1
57’70’56’74’46’131’120’95’87’103’103’99’80’80’120’29’
25’53’TYP120’TYP1 2 0 ’77’ T
Y
P
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P89’92’ T
Y
P
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195’105’169’129’12
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0
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4
6’70’152’184’121’175’18’120’TYP120’120’185’120
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0’68 ’69’12
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3’TYP120’120’120’125’98’140’140’194’25’25’
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6’
70’70’69’68’68’70’70’70’66’66’75’158’85’1
2
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76’80’81’169’134’80’120’95’82’155’117’106’85’124’
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ROW
80’
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L25’ BL
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L25’ BL25’ BL15’ BL15’ BL
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900
’R
610’R 740’
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1
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8
1
5’
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R 2802’R 300’R 750’R 855’R 545’R 3660’
R 3770’
R 3080’R 300’R 225’R 200’R
200’R 640’R 200’R 690’R 600’
R 3
5
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R 3097’
R 98’R 98’R 98’R 98’R 850’199’
428’
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3
13
’
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165’54’15
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’
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96’R 990’82’
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80
’119’76’75’72’121’89’46’79’89’81’71’110’
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’ TY
P 78’
8
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ROW
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1
’120’95’74’
11
3’134’82’
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’TYP120’TYP120’
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8’125’
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’ TYP7
5
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YP117’
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95’125’120’90’
121’12
1
’
98’
R 8
50’ROW120’ ROW80’ FEMA FLOODPLAIN
EXISTING 100 YEAR
PRELIMINARY FLOOD STUDY
FLOODPLAIN FROM
100 YEAR PRE-PROJECT
PRELIMINARY FLOOD STUDY
FLOODPLAIN FROM
100 YEAR PRE-PROJECTMAINSTEM
HURRICANE CREEK559’891’1648’493’367’264’263’736’
YRADNUOB 1 ESAHP
YRADNUOB 1 ESAHP
PHASES
FUTURE
PHASES
FUTURE
PHASES
FUTURE
STOL 251
TURNAROUND
TEMPORARY
LOCAL STREET ROWLOCAL STREET ROWCOLLECTOR ROW
10’ UE
25’ BL15’ BL10’ UE10’ HOA OPEN SPACE & UE
ESMT
MAINTENANCE
5’ WALL
ESMT
VISIBILITY
25’ x 25’
ESMT
VISIBILITY
25’ x 25’
LOT
Item No. 10.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Consider/Discuss/Action on a Resolution to authorize the City Manager to execute an L ocal
Maintenance Agreement (L MA) for the Green Ribbon Program by Texas Department of
Transportation (T X D O T). (Maurice Schwanke)
S UM M ARY:
T he C ity has received a grant f rom T X D O T for a Green R ibbon P rogram project for West W hite
Street f rom U. S . 75 to F erguson Parkway, and W illow C reek D r. S treet to S .H. 5. The grant
amount is for $687,286. A f ter the installation of the landscaping the C ity will be required to
maintain the right-of-way of the project area. T he proposed landscaping is a minimum
maintenance scenario since no turf grass is proposed. T he medians will use drought tolerant
plants and hard surfaces. We are currently mowing and picking up trash in the median and we will
continuing af ter improvements. A s part of the process the City is required to approve the
L andscape Maintenance A greement. T his agenda item meets the Strategic P lan of the C ity by
designing and construction of landscape enhancements in the median of S tate Highway 455
between U.S. 75 and S .H. 5.
S TAF F RE C O M M E ND AT I O N:
Approve the Resolution approving the L andscape Maintenance A greement.
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
Announcement L etter 8/10/2018 Backup Material
L andscape Maintenance A greement (L MA )8/10/2018 Exhibit
L MA Phase Exhibit 8/10/2018 Exhibit
Green Ribbon A pplication 8/10/2018 Exhibit
RESOLUTION: _______________________ PAGE 1 OF 1 8/28/18
Ferguson Parkway Task Order
CITY OF ANNA, TEXAS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A LANDSCAPE
MAINTENANCE AGREEMENT (LMA) WITH TEXAS DEPARTMENT OF TRANSPORTION
(TXDOT) FOR THE GREEN RIBBON PROGRAM PROJECT ON U.S. 455.
WHEREAS; The City of Anna, Texas (the City) has received grant funding for a Green
Ribbon Program Project (the Project) from TXDOT; and,
WHEREAS; A landscape maintenance agreement is required to execute the contract with
TXDOT; and,
WHEREAS; the Project supports the City’s adopted Strategic Plan goal of designing and
constructing of median enhancements on S.H. 455 between U.S. 75 and S.H. 5;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby approves Landscape Maintenance Agreement attached hereto as
Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same. The
City Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize the agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 28th day
of August 2018.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Smith Mayor Nate Pike
OUR GOALS
MAINTAIN A SAFE SYSTEM ▪ ADDRESS CONGESTION ▪ CONNECT TEXAS COMMUNITIES ▪ BEST IN CLASS STATE AGENCY
An Equal Opportunity Employer
4777 US Highway 80 East | Mesquite TX TEXAS 75150 | WWW.TXDOT.GOV
9 August 2018
Mr. Maurice Schwanke
City Planner
City of Anna
101 N Powell Parkway
Anna, TX 75409
RE: Green Ribbon Funding Award – FY2019
Dear Mr. Schwanke:
The Texas Department of Transportation (TxDOT) Dallas District has approved the City of
Anna’s proposed FM 455 project (phase 1 and phase 3) for Green Ribbon Landscape funds in
the 2019 fiscal year (September 2018 through August 2019). The City of Anna has been
approved for a fixed amount of $687,286.00. Direct State Cost will not be charged. Any items
exceeding the awarded amount will be the city’s responsibility.
In order for the project to move forward in a timely manner and in good faith, the City must sign
and return the Landscape Maintenance Agreement (LMA-attached) as quickly as possible. The
City of Anna should have two (2) original signed LMA documents to our office by September
24, 2018 or the funding will be forfeited.
We have set Wednesday August 15, 2018 at 1:00 pm for us to meet in our offices to go over
the proposed projects, responsibilities for design, and to discuss maintenance responsibilities.
If the City would like additional work beyond the funded amount, then an Advance Funding
Agreement should be drafted at this time to be signed by the City and TxDOT.
If you should have any questions, please contact me at Thomas.Hubacek@Txdot.gov or
(214) 320-6205.
Thank you,
Thomas Hubacek, RLA
Landscape Architect
TxDOT Dallas District
Office: (214) 320-6205
E-Mail: Thomas.Hubacek@Txdot.gov
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CITY OF ANNA. TEXAS
ANNA GREEN RIBBON
FWY 75 & FM 455
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DEADLINE: 06/04/2018 5:00 PM
of rranspariafian APPLICATION
GREEN RIBBON FY2019
GREEN RIBBON PROGRAM COORDINATOR: EMAIL:
Stephen R. Copley, RLA, CLARB STEPHEN.COPLEYCcDTXDOT.GOV
Dallas - District Landscape Architect Send PDF via email (Application & Attachments)
4625 E. US80
Mesquite, Texas 75150 AMOUNT REQUESTING:
Agency Name: City of Anna
Title: City Planner
Address: 101 N. Powell Parkway
City: Anna
(Print) Agreement Signer: Maurice Schwanke
Proj. Manager /Consultant: Pacheco Koch (Consultant)
Address: 7557 Rambler Road Suite 1400
City: Dallas
Tel: 972-924-2616
Email: mschwanke@:
Zip Code: 75409
Title: City Planner
Tel: 972-235-3031
Email: wpeterson@p4
Zip Code: 75231-2388
Will this be let as a Local Government Project Yes or No: No
Is this local entity (or consultant) certified in TxDOT's Local Government Project Procedures (LGPP) Yes or No: Yes
CSJ or Project #:1 0816-04-044 1 Highway: IF.M. 455
Project Limits From: Intersection of U.S. 75 and Farm to Market Hwy 455
Project Limits To: State Highway # 5
SCOPE OF WORK
Scope of work should be detailed enough to explain location, size and concept of the project.
This multi -phased project includes the medians of S.H. 455 from S.H. 5 to U.S. 75. This Green Ribbon project is composed of hardscapes,
mulches and edges using a variety of native and adaptive low water usage plants. The irrigation design will use bubblers and other low water
usage techniques. In the center of the medians a 7' wide street zone will be established with another 3' irrigation main zone on either side.
This design strategy helps with any future widening of F.M. 455 and will minimize the impact to established flora. The nose section of each
median will be hardscaped to minimize potential damage from turning vehicles. The tall vertical trees are projected to be Live Oaks planted at a
size to allow for immediate pruning to a level that will provide visibility from side to side. Shrub colors are added to the project with the proposal
of Sumac and Lilla Smoke Bushes, and groundcover colors with the proposal of Mexican Feather Grass and Purple Wintercreeper. No lawn
grasses will be used in this relatively low -maintenance and water design. The entire project will be designed by an outside consultant funded by
the City. The project is approximately 1.9 miles in length.
Attach a Preliminary Schedule, Location Map and Schematic Plan, Cost Estimate, and past Green Ribbon Photos
TXDOT USE ONLY
APPROVED (Y or N):
A ANNA GREEN RIBBON: Application
Green Ribbon - City of Anna Landscape Enhancement
Recommended Project Schedule
Year
2018
2019
Month
J
J
A
S
0
N
D
J
F
M
A
M
J
J
A
S
0
N
D
Task 1.0 - Contract and Kickoff
FINISH
Task 1.1
Application Submittal
6/4/2018
Task 1.2
Application Review (2 Weeks)
6/18/2018
Task 1.3
TXDOT: Award Letter to Anna
6/21/2018
Task 1.4
TXDOT: Funding Agreement to Anna
6/28/2018
Task 1.5
Anna Council Approval of TXDOT Funding Agreement
7/10/2018
Task 2.0 - Design & Bid
Phase
Task 2.1
Contract to Pacheco Koch
7/24/2018
Task 2.2
Design Contract Execution
7/24/2018
Task 2.3
Pacheco Koch: 30% Design Plan and Specification Development (2 Weeks)
8/7/2018
Task 2.4
TXDOT Review of 30% Plans (2 Weeks)
8/21/2018
Task 2.5
Pacheco Koch: 60% Design Plan and Specification Development (3 Weeks)
9/11/2018
Task 2.6
TXDOT Review of 60% Plans (2 Weeks)
9/25/2018
Task 2.7
Pacheco Koch: 90% Design Plan and Specification Development (3 Weeks)
10/18/2018
Task 2.8
TXDOT Review of 90% Plans (2 Weeks)
10/30/2018
Task 2.9
Pacheco Koch: 100% Plan and Specification Development (1 Week)
11/8/2018
Task 2.10
TXDOT Bid Process (3 Months)
2/5/2019
Task 2.11
TXDOT Construction Contract Award (3 Weeks)
2/26/2019
Task 3.0 - Construction Phase
Task 3.1
Mobilization (1 Week)
3/5/2019
Task 3.2
Fine Grade and Prepare Landscaped Areas (1 Week)
3/12/2019
Task 3.3
Irrigation Installation (3 Weeks)
4/2/2019
Task 3.4
Landscaping and Amenities Installation (8 Weeks)
5/28/2019
Task 3.5
Project Punchlist (1 Week)
6/4/2019
J ANNA GREEN RIBBON: Project Schedule
0
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Site
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MAJOR THORO
/ ENHANCEMENT
PHASE 1103 75 T
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HARDSCAPE
■ COLORED CONCRETE
■ CONCRETE PAVERS
TAT.
■ COBBLE
d
j ANNA GREEN RIBBON: White Road Median I Materials
BARK
MULCHES
DECOMPOSED GRANITE
EDGES
■ CONCRETE
4
0ITY OF ANNA,TF-XA$
END NOSING
20'
------------------------------------------------------------------------
FUTURE CURB
--------------------------------------------------------------------------
J:: ANNA GREEN RIBBON: White Road Median I Future Lane
3' IRRIGATION MAIN ZONE
7' STREET TREE ZONE
TURN LANE NOSING
110,
FUTURE LANE
CITY OF ANNA, TEXAS
" , y
A ANNA GREEN RIBBON: White Road Median
t
i
L
Prim
N
0 50 100 2001ft)
CITY OF ANNA. TEXAS
PURPLE CONCRETE LILLA MEXICAN
PAVERS BOULDER WINTERCREEPER MOW CURB LIVE OAK SMOKE BUSH FEATHERGRASS SUMAC COBBLES
*„P.. 10L
Live Oak
��-y, ... ��• -•ter.
Sumac
Purple
Wintercreeper
Lilla Smoke Bush
R
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5
Mexican
Feathergrass
Boulder Cobbles
F �t L —A
Concrete Pavers Concrete Curb
ANNA GREEN RIBBON: White Road Median
1 { ire
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t Iv
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lit
• r i r �' �
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JI ANNA GREEN RIBBON: White Road Median
A
N
0 50 100 2001ft)
CITY OF ANNA, TEXAS
PURPLE CONCRETE
PAVERS BOULDER WINTERCREEPER MOW CURB LIVE OAK
LILLA MEXICAN
SMOKE BUSH FEATHERGRASS SUMAC COBBLES
Sumac
Purple
Wintercreeper
Boulder
f - L...x
L-7-L-.
F �t L
N ;q: �:a -
Concrete Pavers
Live Oak
Lilla Smoke Bush
*Ow,
Mexican
Feathergrass
Cobbles
0
Concrete Curb
J/ ANNA GREEN RIBBON: White Road Median
Bid Item
Arch. Est
Unit
Description
Unit
Total
No.1
Quantity I
Price
SITE CLEARING AND PREPARATION
100-6001
0.38
1 AC
I PREPARING ROW (SOD REMOVAL & PALLET)
$6,000.00
$2,280.00
506-6040
10
LF
I BIODEG EROSN CONT LOGS (INSTL) (8")
$5.00
$50.00
506-6043
101
LF
I BIODEG EROSN CONT LOGS (REMOVE) (8")
$0.90
$9.00
TOPSOIL CREATION
161-6028
1 1,260
1 SY
COMPOST MANUF TOPSOIL (2")
$2.50
$3,150.00
HARDSCAPE
529-6033
1 387
LF
CONCRETE CURB (LANDSCAPE)
$12.00
$4,644.00
528-6004
1 1,3751
SF
I LANDSCAPE PAVERS
$12.00
$16,500.00
IRRIGATION SYSTEM
170-6001
1 1
1 LS
I IRRIGATION SYSTEM TYPE 1
$5,800.00
$5,800.00
618-6038
1 1301
LF
ICONDT (PVC) (SCH 40) (6") (BORE) (IRRIGATION)
$24.00
$3,120.00
MULCH AND
STONE
192-xxxx
5
EA
BOUDER -TYPE 1
$100.00
$500.00
192-xxxx
5
EA
BOUDERS -TYPE 2
$150.00
$750.00
192-xxxx
5
EA
BOUDERS-TYPE 3
$200.00
$1,000.00
192-6013
876
SY
LANDSCAPE PLANTING (MULCH) (BARK)
$5.00
$4,380.00
192-6013
1 3121
SY
ILANDSCAPE PLANTING (MULCH) (COBBLES)
$16.001
$4,992.00
PLANTING
192-6024
5
EA
PLANT MATERIAL (30 GAL) (TREE)
$225.00
$1,125.00
192-6026
5
EA
PLANT MATERIAL (65 GAL) (TREE)
$600.00
$3,000.00
192-6004
60
EA
LANDSCAPE PLANTING (5 GAL)
$28.00
$1,680.00
192-6002
1,750
EA
LANDSCAPE PLANTING (1 GAL)
$8.00
$14,000.00
192-6001
2,1621
EA
LANDSCAPE PLANTING (4" POT)
$3.00
$6,486.00
ELECTRICAL
628-xxxx
1
I EA
I ELC SRV
$500.00
$500.00
624-6004
2
EA
GROUND BOXTY B (122322) W/APRON
$850.00
$1,700.00
618-6024
1301
LF
I CONDT (PVC) (SCH40) (2") (BORE)
$16.00
$2,080.00
GENERAL CONDITIONS
500-6001 1
LS MOBILIZATION
$500.00
$500.00
502-6001 1 LS BARRICADES, SIGNS AND TRAFFIC HANDLING $250.00
BASE BID LUMP SUM TOTAL IN NUMERICAL FIGURES FOR SINGLE MEDIAN (16,500 SF)
DOLLARS PER SO. FOOT
TOTAL PHASE 1 MEDIANS ALONG FM 455 (100,779 SF)
TOTAL PHASE 2 MEDIANS ALONG FM 455 (121,342 SF)
TOTAL PHASE 3 MEDIANS ALONG FM 455 (44,222 SF)
in INEw—
$250.00
$78,496.00
$4.76
$479,706.00
$577,590.00
$210,500.00
* CITY OF ANNA IS SEEKING FUNDING FOR PHASE 1 THROUGH THIS APPLICATION
J,�.:: ANNA GREEN RIBBON: White Road Median I Cost Estimate
CITY OF ANNA, TEXAS
LANDSCAPE FUNCTIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
Cultivate & Weed Shrub Beds
1
1
1
1
2
2
2
2
1 2
1 1
1 1
1 1
17 j
Groundcover Trimming
1
1
1
3
Shrub Pruning
1
1
1
3
Shrub/Groundcover-Fertilization
1
1
2 j
Pre -emerge Beds
1
I 1
2 j
Tree Pruning (Lifting 8' min. clearance) on
Shade Trees (Starting in December)
Tree Fertilization I I I I 1 I 1 1
Leaf Removal 1 I 1 1 1 2 4
Irrigation Inspections I 1 I 1 I 1 1 I 1 I 1 I 1 I I 1 1 8 j
Shrub bed mulching (separate invoice) I I 1 I I I I I I I 1
J�:: ANNA GREEN RIBBON: Typical Annual Landscape Maintenance Schedule
CITY OF ANNA, TEXAS
Item No. 11.
City Council Agenda
Staff Report
Meeting Date: 8/28/2018
AG E ND A IT E M :
Consider/Discuss/Action on a Resolution appointing a City Manager and approving a City Manager
employment agreement.
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AT TAC HM E NT S :
Description Upload Date Type
Resolution 8/24/2018 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPOINTING A CITY
MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT.
WHEREAS, the City Council may appoint a person to serve as the City Manager
upon the affirmative vote of a majority of the full membership of the City Council;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth
in full.
Section 2. Appointment of City Manager
__________________________ is hereby appointed to serve as the City
Manager for the City of Anna, Texas effective _____________________.
Section 3. Approval of Employment Agreement
The City Council hereby approves the employment agreement with said
appointed City Manager and authorizes the Mayor to execute same.
PASSED by the City Council of the City of Anna, Texas, on this 28th day of
August 2018.
ATTEST: APPROVED:
_____________________________ _________________________
City Secretary Carrie L. Smith Mayor Nate Pike