HomeMy WebLinkAboutCDC-EDCpkt2022-10-05 Special MeetingIMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
SPECIAL CALLED
MEETING AGENDA
ANNA COMMUNITY DEVELOPMENT CORPORATION
AND
ANNA ECONOMIC DEVELOPMENT CORPORATION
Wednesday, October 5, 2022 @ 6:00 PM
The EDC/CDC of the City of Anna will meet at 6:00 PM, on October 5, 2022, at the
Anna Municipal Complex, located at 120 W. 7th Street, to consider the following
items below.
1.Call to Order, Roll Call, and Establishment of Quorum.
2.Invocation and Pledge of Allegiance.
3.Neighbor Comments.
Persons may address the Board of Directors on items not on the agenda; please observe
the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate
statements of the public except as authorized by Section 551.042 of the Texas Government
Code.
4.Consent Agenda.
a.Approve minutes from the September 7, 2022, Joint Community Development
Corporation and Economic Development Corporation Meeting. (CDC)
b.Approve minutes from the September 7, 2022, Joint Community Development
Corporation and Economic Development Corporation Meeting. (EDC)
5.Individual Consideration.
a.Receive a presentation regarding the Anna ISD Bond Election from
Superintendent Michael Comeaux.
b.Consider/Discuss/Action on a Resolution approving a Use Agreement with the
City of Anna, Texas and a Special Warranty Deed for the transfer of real
property to the Anna EDC. (EDC)
c.Consider/Discuss/Action on a Resolution approving an Incentive Agreement
with 3 Nations Brewing LLC. (EDC)
d.Consider/Discuss/Action on a Resolution approving a Lease Agreement with 3
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled persons who want to attend this meeting and who may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
Nations Brewing LLC for 101 S. Powell Pkwy. (EDC)
e.Consider/Discuss/Action on engaging a real estate representative. (EDC)
6.Director's Report.
a.Strategic Plan Update
b.Financial Report / Sales Tax Update
c.November Meeting Date
7.Closed Session.
a.Deliberate regarding the purchase, exchange, lease or value of real property.
(Tex. Gov’t Code §551.072) possible property acquisition; possible land
sale/purchase.
b.Consult with legal counsel on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with Chapter 551 of the Government
Code (Tex. Gov’t Code §551.071); Grant program; Lease agreement and
professional services contract.
c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the Board of
Directors has received from a business prospect that the Board of Directors
seeks to have locate, stay, or expand in or near the territory of the City of Anna
and with which the Board is conducting economic development negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business prospect
described by subdivision (1). (Tex. Gov’t Code §551.087) potential retail and
medical projects.
8.Reconvene into open session and take any action on closed session items.
9.Receive reports from staff or Board Members about items of community interest.
10.Adjourn.
This is to certify that I, Joey Grisham, Director of Economic Development, posted this agenda
on the City’s website (www.annatexas.gov) and at a place readily accessible to the public at the
Anna Municipal Complex bulletin board at or before 5:00 p.m. on Friday, September 30, 2022.
Joey Grisham, Director of Economic
Development
Item No. 3.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Neighbor Comments.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 4.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Approve minutes from the September 7, 2022, Joint Community Development
Corporation and Economic Development Corporation Meeting. (CDC)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 7 2022 CDC EDC Joint Meeting Minutes Final
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Anna Community Development Corporation and Anna Economic Development
Corporation Special-Called Meeting Minutes
Wednesday, September 7, 2022, at 6:00 pm
City of Anna Fire Station EOC Conference Room
305 S. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation and the Anna Economic Development Corporation
conducted a special-called meeting at 6:00 p.m. on Wednesday, September 7, 2022, at the Anna
Fire Station EOC Conference Room, located at 305 S. Powell Parkway (Highway 5) Anna, Texas
75409.
A video recording of the open session portions of the meeting may be viewed online at the City of
Anna’s website: https://www.annatexas.gov/962/AgendasMinutes
CDC and EDC Board Members Present: Bruce Norwood, Rocio Gonzalez, Kylee Kelley, Ronnie
Kerr, Gina Maria Ottavio, Michelle Hawkins and Shane Williams. CDC and EDC Board Members
Absent: None. Others Present: Joey Grisham (Director of Economic Development), Taylor
Lough (Assistant Director of Economic Development), Kimberly Garduno (Economic
Development Coordinator), Lee Miller (Mayor Pro Tem) and Clark McCoy (Attorney).
1.Call to Order. Roll Call and Establishment of Quorum.
The meeting was called to order by Board President Bruce Norwood at 6:02 p.m.
2.Invocation and Pledge of Allegiance.
Invocation and Pledge of Allegiance were led by Bruce Norwood.
3.Neighbor Comments.
None.
4.Consent Agenda.
a.Consider/Discuss/Act on approving minutes from the July 21, 2022, Joint City
Council, Community Development Corporation and Economic Development
Corporation Special-Called Meeting. (CDC)
b.Consider/Discuss/Act on approving minutes from the July 21, 2022, Joint City
Council, Community Development Corporation and Economic Development
Corporation Special-Called Meeting. (EDC)
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Michelle Hawkins made a motion on behalf of the CDC and EDC to approve the
consent agenda. Ronnie Kerr seconded the motion. All were in favor. Motion
passed.
5.Individual Consideration
a. Retail update from Casey Kidd with Navi Retail.
Casey Kidd with Navi Retail provided a presentation to the Board and highlighted
the things he has been working on for the CDC.
b. Consider/Discuss/Act on a resolution approving an agreement with
Cooksey Communications for public relations and marketing services.
(CDC)
Taylor Lough explained that in 2019 the CDC engaged Cooksey
Communications to create a Marketing audit and plan before the City of Anna
hired a Communications Manager. Cooksey has done an excellent job sharing
the story of Anna through public and news relations. With an increase in price
and the ability for the CDC to utilize the City’s Communications Manager, the
proposed agreement with Cooksey Communications is for 28 hours, which is 2
hours less than the current contract.
Bruce Norwood made a motion on behalf of the CDC Board authorizing the Board
President to execute a contract for marketing, advertising, and promotional
services to charge the CDC’s contract services line item in an amount not to
exceed $75,000 in Fiscal Year 2022-2023 for marketing and promotional services
for community and economic development purposes. Kylee Kelley seconded the
motion. All were in favor. Motion passed.
c. Consider/Discuss/Act on a resolution authorizing the expenditure of funds
for engineering services related to 101 S. Powell Pkwy. (EDC)
Taylor Lough explained this item is to update the survey and plat for the current
police/finance building. The EDC is working to finalize an agreement with a
brewery concept. With TxDOT’s plans to widen State Highway 5, there has been
a change to the property boundaries that need updating.
Shane Williams made a motion on behalf of the Economic Development
Corporation Board approving a resolution authorizing the expenditure of funds for
engineering services related to 101 S. Powell Parkway not to exceed $9,000.
Michelle Hawkins seconded the motion. All were in favor. Motion passed.
6.Director’s Report
a. Strategic Plan Update
During the month of August Economic Development staff met with various
departments and Oncor representatives to discuss burying overhead electrical
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
lines in Downtown, which we found will be very expensive. Staff submitted
amendments to update the City’s zoning ordinances. We expect this to come
before the City Council in a few months. The Economic Development Director
attended the ribbon cutting of the Rosamond-Sherley Elementary School and
presented to smaller cities in the region at the Texoma Council of Governments.
Several smaller cities in the area were in attendance. Assistant Director of
Economic Development met with Collin College to discuss future workforce
partnerships. The LinkedIn page has 911 followers, which is more than several
cities much larger than Anna.
b. Financial Report/Sales Tax Update
Sales tax reports were included in the packet. The June 2022 sales tax revenue
was 24.8% or $116,187 over June 2021. The fiscal year ends September 30. We
expect to be under budget this year, which will allow the ability for more projects
next year, especially in downtown.
7.CLOSED SESSION (exceptions):
a. Deliberate regarding the purchase, exchange, lease or value of real property.
(Tex. Gov’t Code §551.072) possible property acquisition; possible land
sale/purchase;
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov’t Code §551.071); Grant program; Lease
agreement and professional services contract.
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that
the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov’t Code §551.087) Anna
Business Park Property; potential retail and medical projects.
Rocio Gonzalez made a motion to enter closed session. Kylee Kelley seconded the motion.
All were in favor. Motion passed. CDC Board entered closed session at 6:44 p.m.
8.Reconvene into open session and take any action on closed session items.
Shane Williams made a motion to reconvene into open session. Gina Maria Ottavio
seconded the motion. All were in favor. Motion passed. The CDC reconvened into open
session at 7:12 p.m.
9.Receive reports from staff or Board Members about items of community interest.
Friday is the first home football game for the Anna Coyotes who are ranked number eight in
the State.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
City Hall ribbon cutting and tour will be held at 5:30 p.m. at Tuesday, September 13.
Saturday, October 1 Neighborhood Services and the CDC are hosting Anna Fest on the
Municipal Campus. The event will feature armadillo races, photos with a longhorn, food,
drink and more.
10.Adjourn.
Rocio Gonzalez made a motion to adjourn the meeting at 7:15 p.m. Michelle Hawkins
seconded the motion. All were in favor. Motion passed.
APPROVED: ATTESTED:
____________________________ ____________________________
Bruce Norwood Rocio Gonzalez
President of CDC/EDC Secretary of CDC/EDC
Item No. 4.b.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Approve minutes from the September 7, 2022, Joint Community Development
Corporation and Economic Development Corporation Meeting. (EDC)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 7 2022 CDC EDC Joint Meeting Minutes Final
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Anna Community Development Corporation and Anna Economic Development
Corporation Special-Called Meeting Minutes
Wednesday, September 7, 2022, at 6:00 pm
City of Anna Fire Station EOC Conference Room
305 S. Powell Parkway, Anna, Texas 75409
The Anna Community Development Corporation and the Anna Economic Development Corporation
conducted a special-called meeting at 6:00 p.m. on Wednesday, September 7, 2022, at the Anna
Fire Station EOC Conference Room, located at 305 S. Powell Parkway (Highway 5) Anna, Texas
75409.
A video recording of the open session portions of the meeting may be viewed online at the City of
Anna’s website: https://www.annatexas.gov/962/AgendasMinutes
CDC and EDC Board Members Present: Bruce Norwood, Rocio Gonzalez, Kylee Kelley, Ronnie
Kerr, Gina Maria Ottavio, Michelle Hawkins and Shane Williams. CDC and EDC Board Members
Absent: None. Others Present: Joey Grisham (Director of Economic Development), Taylor
Lough (Assistant Director of Economic Development), Kimberly Garduno (Economic
Development Coordinator), Lee Miller (Mayor Pro Tem) and Clark McCoy (Attorney).
1.Call to Order. Roll Call and Establishment of Quorum.
The meeting was called to order by Board President Bruce Norwood at 6:02 p.m.
2.Invocation and Pledge of Allegiance.
Invocation and Pledge of Allegiance were led by Bruce Norwood.
3.Neighbor Comments.
None.
4.Consent Agenda.
a.Consider/Discuss/Act on approving minutes from the July 21, 2022, Joint City
Council, Community Development Corporation and Economic Development
Corporation Special-Called Meeting. (CDC)
b.Consider/Discuss/Act on approving minutes from the July 21, 2022, Joint City
Council, Community Development Corporation and Economic Development
Corporation Special-Called Meeting. (EDC)
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
Michelle Hawkins made a motion on behalf of the CDC and EDC to approve the
consent agenda. Ronnie Kerr seconded the motion. All were in favor. Motion
passed.
5.Individual Consideration
a. Retail update from Casey Kidd with Navi Retail.
Casey Kidd with Navi Retail provided a presentation to the Board and highlighted
the things he has been working on for the CDC.
b. Consider/Discuss/Act on a resolution approving an agreement with
Cooksey Communications for public relations and marketing services.
(CDC)
Taylor Lough explained that in 2019 the CDC engaged Cooksey
Communications to create a Marketing audit and plan before the City of Anna
hired a Communications Manager. Cooksey has done an excellent job sharing
the story of Anna through public and news relations. With an increase in price
and the ability for the CDC to utilize the City’s Communications Manager, the
proposed agreement with Cooksey Communications is for 28 hours, which is 2
hours less than the current contract.
Bruce Norwood made a motion on behalf of the CDC Board authorizing the Board
President to execute a contract for marketing, advertising, and promotional
services to charge the CDC’s contract services line item in an amount not to
exceed $75,000 in Fiscal Year 2022-2023 for marketing and promotional services
for community and economic development purposes. Kylee Kelley seconded the
motion. All were in favor. Motion passed.
c. Consider/Discuss/Act on a resolution authorizing the expenditure of funds
for engineering services related to 101 S. Powell Pkwy. (EDC)
Taylor Lough explained this item is to update the survey and plat for the current
police/finance building. The EDC is working to finalize an agreement with a
brewery concept. With TxDOT’s plans to widen State Highway 5, there has been
a change to the property boundaries that need updating.
Shane Williams made a motion on behalf of the Economic Development
Corporation Board approving a resolution authorizing the expenditure of funds for
engineering services related to 101 S. Powell Parkway not to exceed $9,000.
Michelle Hawkins seconded the motion. All were in favor. Motion passed.
6.Director’s Report
a. Strategic Plan Update
During the month of August Economic Development staff met with various
departments and Oncor representatives to discuss burying overhead electrical
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
lines in Downtown, which we found will be very expensive. Staff submitted
amendments to update the City’s zoning ordinances. We expect this to come
before the City Council in a few months. The Economic Development Director
attended the ribbon cutting of the Rosamond-Sherley Elementary School and
presented to smaller cities in the region at the Texoma Council of Governments.
Several smaller cities in the area were in attendance. Assistant Director of
Economic Development met with Collin College to discuss future workforce
partnerships. The LinkedIn page has 911 followers, which is more than several
cities much larger than Anna.
b. Financial Report/Sales Tax Update
Sales tax reports were included in the packet. The June 2022 sales tax revenue
was 24.8% or $116,187 over June 2021. The fiscal year ends September 30. We
expect to be under budget this year, which will allow the ability for more projects
next year, especially in downtown.
7.CLOSED SESSION (exceptions):
a. Deliberate regarding the purchase, exchange, lease or value of real property.
(Tex. Gov’t Code §551.072) possible property acquisition; possible land
sale/purchase;
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov’t Code §551.071); Grant program; Lease
agreement and professional services contract.
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that
the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or,
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov’t Code §551.087) Anna
Business Park Property; potential retail and medical projects.
Rocio Gonzalez made a motion to enter closed session. Kylee Kelley seconded the motion.
All were in favor. Motion passed. CDC Board entered closed session at 6:44 p.m.
8.Reconvene into open session and take any action on closed session items.
Shane Williams made a motion to reconvene into open session. Gina Maria Ottavio
seconded the motion. All were in favor. Motion passed. The CDC reconvened into open
session at 7:12 p.m.
9.Receive reports from staff or Board Members about items of community interest.
Friday is the first home football game for the Anna Coyotes who are ranked number eight in
the State.
Officers: Staff:
Bruce Norwood, President Joey Grisham, Director of Economic Development
Shane Williams, Vice-President Taylor Lough, Assistant Director of Economic Development
Rocio Gonzalez, Secretary Kimberly Garduno, Economic Development Coordinator
City Hall ribbon cutting and tour will be held at 5:30 p.m. at Tuesday, September 13.
Saturday, October 1 Neighborhood Services and the CDC are hosting Anna Fest on the
Municipal Campus. The event will feature armadillo races, photos with a longhorn, food,
drink and more.
10.Adjourn.
Rocio Gonzalez made a motion to adjourn the meeting at 7:15 p.m. Michelle Hawkins
seconded the motion. All were in favor. Motion passed.
APPROVED: ATTESTED:
____________________________ ____________________________
Bruce Norwood Rocio Gonzalez
President of CDC/EDC Secretary of CDC/EDC
Item No. 5.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Individual Consideration.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 5.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Receive a presentation regarding the Anna ISD Bond Election from Superintendent
Michael Comeaux.
SUMMARY:
Superintendent Michael Comeaux will provide a presentation.
STAFF RECOMMENDATION:
ATTACHMENTS:
1. 15 min. ANNA- WRA Architects
ANNAISDBOND.COM
There will be no tax rate increase
associated with the 2022 bond election.
Tax Rate
LONG-RANGE
PLANNING
PROCESS
Reviewed district-wide historic and
future enrollment projections
Assessed campus and departmental needs
Gathered feedback from a Bond Committee made
up of admin, staff, and community members
A recommendation was made to the Board of
Trustees in August 2022
Board of Trustees called a bond in the
amount of $873,735,000
Election day is November 8, 2022
TEN YEAR FORECAST BY CAMPUS
2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32
12,500
10,000
7,500
5,000
2,500
0
ANNA ISD IS GROWING
ANNA ISD WILL BE
OVER CAPACITY AT2CAMPUSES BY 2023, AND
OVER CAPACITY AT5CAMPUSES BY 2024
ANNA ISD MAY ENROLL APPX.
7,800 STUDENTS
BY 2026/27
12,500 STUDENTS
BY 2031/32
Anna ISD Enrollment
Total District Student
Capacity = 6,000
HOUSING
DEVELOPMENTS
2,377 Total lots in Anna Town Square, building 180-200
homes per year
2,000 Future lots in Mantua
1,537 Total lots in Villages of Hurricane Creek, building
140-180 homes per year
1,800 Future lots in Oak Point
1,239 Future lots in Anacapri
969 Future lots in Crystal Park
948 Future lots in Lindsey Place
800 Future lots in Meadow Vista
731 Future lots in Coyote Meadows
556 Total lots in Anna Ranch
4,450 Future multi-family units in various stages of
planning across the district
•4 New Elementary Schools (750 Students each)
•2 New Middle Schools (850 Students each)
•Anna High School Expansion 2
•High School #2 (2,200 Students)
•New Administration Facility
•District Service Center
•Off-Site Roads & Utilities for New Sites
•Land Purchases for New Schools
Proposition A
$793,735,000
•District Wide Athletic Complex
Proposition B
$80,000,000
BOND SCOPE
2022 2023 2024 2025 2026 2027 2028 2029 TBD
PLAN
Elementary #6
CONSTRUCT
Elementary #6
PLAN
Elementary #5
CONSTRUCT
Elementary #5
PLAN
Elementary #7
CONSTRUCT
Elementary #7
CONSTRUCT
Middle School #2
CONSTRUCT
2ND AMS Expansion
PLAN
Middle School #3
CONSTRUCT
Middle School #3
LAND PURCHASES
PLAN
2ND AHS Expansion
CONSTRUCT
2ND AHS Expansion
PLAN
High School #2
CONSTRUCT
High School #2
PLAN
District
Service Center
CONSTRUCT
District
Service Center
PLAN
District-Wide
Athletic Complex
CONSTRUCT
District-Wide
Athletic Complex
BONDELECTION
PLAN
Administration
Building
CONSTRUCT
Administration
Building
ANNA ISD FACILITIES TIMELINE Revised August 2022
Subject to change due to
enrollment and building capacity
MAXIMUM CAPACITY
PER CAMPUS
750
800
1800 -2000
Elementary
Middle School
High School
SCHOOL FUNDING 101
Maintenance & Operations
Day-to-day operations and expenses such
as: salaries, utilities, supplies, instructional
materials, repairs, and fuel.
(~80% of the district’s M&O budget goes to
teacher and staff salaries.)
For the average citizen, this is similar to
expenses such as: groceries, minor house
repairs, utilities, car fuel, and routine services.
Interest & Sinking
Principal and interest payments on debt
issued for such things as: new construction,
renovations, heating and AC systems, roof
replacements and land purchases.
For the average citizen, this is similar to
expenses such as: a home mortgage, home
renovation, land purchases, major
appliance replacement, or auto purchases.
MAINTENANCE ANDOPERATIONS
Funds used for annual
budget expenses.
M&O I&S
INTEREST AND SINKING
Funds used for debt service on
capital projects. Total tax rate is
calculated by adding the M&O
and I&S rates. Taxation is based on
the rate per $100 of valuation.
NO TAX RATE INCREASE
YEAR M&O I&S TOTAL
2005/06 $1.45520 $0.3698 $1.82500
2006/07 $1.33040 $0.4410 $1.77140
2007/08 $1.01000 $0.5000 $1.54000
2008/09 $1.04000 $0.5000 $1.54000
2009/10 $1.04000 $0.5000 $1.54000
2010/11 $1.04000 $0.5000 $1.54000
2011/12 $1.04000 $0.5000 $1.54000
2012/13 $1.04000 $0.5000 $1.54000
2013/14 $1.04000 $0.5000 $1.54000
2014/15 $1.04000 $0.5000 $1.54000
2015/16 $1.17000 $0.5000 $1.67000
2016/17 $1.17000 $0.5000 $1.67000
2017/18 $1.17000 $0.5000 $1.67000
2018/19 $1.17000 $0.5000 $1.67000
2019/20 $1.06835 $0.5000 $1.56835
2020/21 $0.97460 $0.5000 $1.47460
2021/22 $0.96030 $0.5000 $1.46030
2022/23 $0.94290 $0.5000 $1.44290
ANNA ISD TAX RATE HISTORY
YEAR Freeze Adjusted
Value
Growth Of Values Additional Interest
& Sinking Revenue
2018 $1,209,000,000 $239,500,000 $1,197,500
2019 $1,393,000,000 $184,000,000 $920,000
2020 $1,570,000,000 $177,000,000 $885,000
2021 $1,860,000,000 $290,000,000 $1,450,000
2022 $2,519,000,000 $659,000,000 $3,295,000
HOW IS THIS DEBT PAID
WITHOUT RAISING THE TAX RATE?
NO TAX RATE INCREASE
This requirement was a part of new laws coming from
Austin after the legislative session in 2019. The Texas
legislature wanted the ballot language to be clear, that
voted bonds were the method that we use to finance
school construction. Paying for these voted bonds
requires tax revenues.
There will be no tax rate increase associated with this
bond but will continue the existing tax rate. The new law
requires every district in Texas to include this language on
the ballot, regardless of the expected tax rate to be set.
Why will the ballot read “This is a
property tax increase”?
HOMEOWNERS
65 AND OVER
No Tax Increase for 65 and Older
Under state law, the dollar amount of school taxes imposed
on the residence homestead of a person 65 years of age or
older cannot be increased above the amount paid in the first
year after the person turned 65 or became disabled. This
freeze applies regardless of changes in tax rate or property
value, unless there are new improvements/additions to the
homestead.
You must apply for this exemption.
VOTING
Register to Vote by
Tuesday, October 11
Early Voting is
October 24 -November 4
Election Day is
Tuesday, November 8
Visit AnnaISDBond.com for
voting times and locations
TOWN HALL
MEETINGS
Date:
Time:
Location:
Wednesday, September 14
6:00 PM -7:00 PM
Anna Middle School
Date:
Time:
Location:
Wednesday, October 19
6:30 PM
Anna City Hall
QUESTIONS?
ANNAISDBOND.COM
Item No. 5.b.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a Use Agreement with the City of
Anna, Texas and a Special Warranty Deed for the transfer of real property to the Anna
EDC. (EDC)
SUMMARY:
The City Council Strategic Plan lists activation of Downtown Anna as a top priority and
the Economic Development Strategic Plan calls for transforming Downtown Anna into a
vibrant district. On June 3, 2021, the Anna Economic Development Corporation (EDC)
Board recommended that the City Council convey 101 S. Powell Parkway to the EDC
as the EDC has the ability to lease to a private entity. The City Council unanimously
adopted a resolution approving a Use Agreement with the City of Anna, Texas and a
Special Warranty Deed for the transfer of real property to the Anna Economic
Development Corporation on September 27, 2022. The Economic Development team is
working with a brewery concept and preparing to renovate the former bank building and
property to improve pedestrian access, parking, and allow for an outdoor gathering
space.
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. Res EDC Sale to EDC C08010D20220826CR1 with exhibits
ANNA EDC RESOLUTION NO. ________ Page 1
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. __________________
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING A USE AGREEMENT WITH THE CITY OF ANNA, TEXAS AND
APPROVING A SPECIAL WARRANTY DEED FOR THE SALE OF REAL PROPERTY
TO ANNA ECONOMIC DEVELOPMENT CORPORATION
WHEREAS, the City of Anna, Texas (the “City”) is a duly formed home-rule municipality
with an elected governing body (the “City Council”); and
WHEREAS, the City of Anna, Texas (the “City”) has a population of less than 20,000;
and
WHEREAS, the Anna Economic Development Corporation (“AEDC”) is a duly formed
nonprofit Type A corporation governed by Chapter 504 of the Texas Local Government
Code; and
WHEREAS, under Texas Local Government Code § 253.012, the City is authorized to
transfer to an economic development corporation, for certain consideration, real
property or an interest in real property without complying with the notice and bidding
requirements of Section 272.001(a) or other law; and
WHEREAS, consideration for a transfer authorized under Texas Local Government
Code § 253.012 is in the form of an agreement between the parties that requires the
economic development corporation to use the property in a manner that primarily
promotes a public purpose of the municipality; and
WHEREAS, under Texas Local Government Code § 501.004, the Legislature has found
that the present and prospective right to gainful employment and the general welfare of
the people of this state require as a public purpose the promotion and development of
new and expanded business enterprises; and
WHEREAS, if the economic development corporation at any time fails to use the
property in for a public purpose, ownership of the property automatically reverts to the
municipality; and
WHEREAS, the City and AEDC desire that the City transfer its ownership in the real
property located at 101 South Powell Parkway Anna, Texas 75409 (the “Property”) to
ANNA EDC RESOLUTION NO. ________ Page 2
AEDC in accordance with Texas Local Government Code § 253.012 and as further set
forth in this resolution;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization to execute agreement and sell real property.
The Board of Directors of the Anna Economic Development Corporation hereby approves,
subject to approval by the Corporation’s attorney as to legal form, the Use Agreement
Between the City of Anna, Texas and Anna Economic Development Corporation (the “Use
Agreement”) attached hereto as Exhibit A and authorizes the President to execute a
special warranty deed substantially in the form attached hereto as Exhibit B and all other
required instruments and related documents necessary to accomplish the sale of the
Property to AEDC.
PASSED AND APPROVED by the Anna Economic Development Corporation on this
the ___ day of _____________ 2022.
ATTEST: APPROVED:
Secretary, Rocio Gonzalez President, Bruce Norwood
USE AGREEMENT Page 1
EXHIBIT A
USE AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS
AND
ANNA ECONOMIC DEVELOPMENT CORPORATION
This Use Agreement (this “Agreement”) Between the City of Anna, Texas, a
Texas home-rule municipality (the “City”) and Anna Economic Development
Corporation, a nonprofit Type A development Corporation (“AEDC”) is effective as of
the date of the execution by both parties.
WHEREAS, the City of Anna, Texas (the “City”) is a duly formed home-rule municipality
with an elected governing body (the “City Council”); and
WHEREAS, the City of Anna, Texas (the “City”) has a population of less than 20,000;
and
WHEREAS, the Anna Economic Development Corporation (“AEDC”) is a duly formed
nonprofit Type A corporation governed by Chapter 504 of the Texas Local Government
Code; and
WHEREAS, under Texas Local Government Code § 253.012, the City is authorized to
transfer to an economic development corporation, for certain consideration, real
property or an interest in real property without complying with the notice and bidding
requirements of Section 272.001(a) or other law; and
WHEREAS, consideration for a transfer authorized under Texas Local Government
Code § 253.012 is in the form of an agreement between the parties that requires the
economic development corporation to use the property in a manner that primarily
promotes a public purpose of the municipality; and
WHEREAS, under Texas Local Government Code § 501.004, the Legislature has found
that the present and prospective right to gainful employment and the general welfare of
the people of this state require as a public purpose the promotion and development of
new and expanded business enterprises; and
WHEREAS, if the economic development corporation at any time fails to use the
property in for a public purpose, ownership of the property automatically reverts to the
municipality; and
WHEREAS, the City and AEDC desire that the City transfer its ownership in the real
property located at 101 South Powell Parkway Anna, Texas 75409 (the “Property”) to
USE AGREEMENT Page 2
AEDC in accordance with Texas Local Government Code § 253.012 and as further set
forth in this Agreement;
NOW THEREFORE, FOR THE MUTUAL CONSIDERATION SET FORTH HEREIN,
THE PARTIES AGREE AS FOLLOWS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Sale of Property; Public Purpose; Reversion.
The City agrees to sell the Property to AEDC under a special warranty deed subject to the
title of the Property automatically reverting to the City’s ownership should AEDC fail to use
the Property for a public purpose as the City may determine in its sole discretion. Promptly
after any such reversion the City shall adopt a resolution memorializing the reversion and
recording the resolution and any other instruments as may be deemed necessary by the
City to have the land recordings of Collin County reflect the City’s fee simple ownership of
the Property and all rights incident thereto including without limitation all improvements and
fixtures.
Section 3. Warranties. The accuracy of the warranties set forth in this Section 3 and other
provisions of this Agreement are conditions for the sale of the Property to AEDC. AEDC
shall notify the City if and when any of the following warranties are no longer accurate. The
failure to so notify the City is a material breach of this Agreement. AEDC warrants and
represents to the City the following:
3.01. Authority. AEDC has the authority to enter into and perform, and will perform, the
terms of this Agreement to the best of its ability.
3.02. Employment of Undocumented Workers. During the term of this Agreement,
AEDC agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), AEDC shall repay the amount of any
Reimbursement Payment or other funds received by AEDC from City from the date of this
Agreement to the date of such violation within 120 days after the date AEDC is notified by
City of such violation, plus interest at the rate of 4% compounded annually from the date
of violation until paid. AEDC is not liable for a violation of this section by a subsidiary,
affiliate, or franchisee of AEDC or by a person with whom AEDC contracts.
3.03. Litigation. No litigation or governmental proceeding is pending or, to the knowledge
of AEDC, is threatened against or affecting AEDC, or the Property, that may result in any
material adverse change in AEDC’s business, properties or operation.
3.04. Breach of Contract. AEDC shall not be in breach of any other contract by entering
into and performing this Agreement. AEDC shall amend or enter into any other contract
that may be necessary for AEDC to fully and timely perform its obligations under this
Agreement.
USE AGREEMENT Page 3
3.05. No Boycotting Israel. AEDC verifies that the AEDC (including any wholly owned
subsidiary, majority-owned subsidiary, parent company, or affiliate of the AEDC) does not
Boycott Israel and agrees that during the term of this Agreement will not Boycott Israel as
that term is defined in Texas Government Code Section 808.001, as amended.
3.06. Verification Pursuant to Chapters 2252 and 2270 of the Texas Government
Code. As of the Effective Date, the AEDC represents that, to the extent this Agreement
constitutes a “governmental contract” within the meaning of Section 2252.151 of the Texas
Government Code, as amended, solely for purposes of compliance with Chapter 2252 of
the Texas Government Code, and except to the extent otherwise required or permitted by
or under applicable federal law, neither AEDC nor any wholly owned subsidiary, majority-
owned subsidiary, parent company or affiliate of the AEDC is a company listed by the
Texas Comptroller of Public Accounts under Sections 2270.0201 (as enacted by Acts
2017, 85th Leg., ch. 96, Senate Bill 253) or 2252.153 of the Texas Government Code.
3.07. Verifications Pursuant to Chapter 2274, Texas Government Code. (a) To the
extent this Agreement constitutes a contract for goods or services for which a written
verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th
Texas Legislature, Regular Session), Texas Government Code, as amended, the AEDC
hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and
other affiliates, if any, do not boycott energy companies and will not boycott energy
companies during the term of this Agreement. The foregoing verification is made solely to
enable the AEDC to comply with such Section and to the extent such Section does not
contravene applicable Texas or federal law. As used in the foregoing verification, “ boycott
energy companies,” a term defined in Section 2274.001(1), Texas Government Code (as
enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code
(also as enacted by such Senate Bill), shall mean, without an ordinary business purpose,
refusing to deal with, terminating business activities with, or otherwise taking any action
that is intended to penalize, inflict economic harm on, or limit commercial relations with a
company because the company (A) engages in the exploration, production, utilization,
transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or
pledge to meet environmental standards beyond applicable federal and state law; or (B)
does business with a company described by (A) above. (b) To the extent this Agreement
constitutes a contract for goods or services for which a written verification is required under
Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular
Session), Texas Government Code, as amended, the AEDC hereby verifies that it and its
parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association and will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement. The foregoing verification is made solely to
enable the AEDC to comply with such Section and to the extent such Section does not
contravene applicable Texas or federal law. As used in the foregoing verification and the
following definitions, ‘discriminate against a firearm entity or firearm trade association,’ a
term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate
USE AGREEMENT Page 4
Bill), (A) means, with respect to the firearm entity or firearm trade association, to (i) refuse
to engage in the trade of any goods or services with the firearm entity or firearm trade
association based solely on its status as a firearm entity or firearm trade association, (ii)
refrain from continuing an existing business relationship with the firearm entity or firearm
trade association based solely on its status as a firearm entity or firearm trade association,
or (iii) terminate an existing business relationship with the firearm entity or firearm trade
association based solely on its status as a firearm entity or firearm trade association and
(B) does not include (i) the established policies of a merchant, retail seller, or platform that
restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and
(ii) a company’ s refusal to engage in the trade of any goods or services, decision to refrain
from continuing an existing business relationship, or decision to terminate an existing
business relationship (aa) to comply with federal, state, or local law, policy, or regulations
or a directive by a regulatory agency or (bb) for any traditional business reason that is
specific to the customer or potential customer and not based solely on an entity’ s or
association’ s status as a firearm entity or firearm trade association, (b) ‘firearm entity,’ a
term defined in Section 2274.001(6), Texas Government Code (as enacted by such Senate
Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined
in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as
weapons that expel projectiles by the action of explosive or expanding gases), firearm
accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by
such Senate Bill, as devices specifically designed or adapted to enable an individual to
wear, carry, store, or mount a firearm on the individual or on a conveyance and items used
in conjunction with or mounted on a firearm that are not essential to the basic function of
the firearm, including detachable firearm magazines), or ammunition (defined in Section
2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded
cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport
shooting range (defined in Section 250.001, Texas Local Government Code, as a business
establishment, private club, or association that operates an area for the discharge or other
use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar
recreational shooting), and (c) ‘ firearm trade association,’ a term defined in Section
2274.001(7), Texas Government Code (as enacted by such Senate Bill), means any
person, corporation, unincorporated association, federation, business league, or business
organization that (i) is not organized or operated for profit (and none of the net earnings of
which inures to the benefit of any private shareholder or individual), (ii) has two or more
firearm entities as members, and (iii) is exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of
that code.
Section 4. Miscellaneous.
4.01. Compliance with Laws. AEDC shall observe and obey all applicable laws,
ordinances, regulations, and rules of the Federal, State, county, and city governments
related to the Development.
USE AGREEMENT Page 5
4.02. Non-Discrimination. AEDC covenants and agrees that AEDC will not discriminate
nor permit discrimination against any person or group of persons, with regard to
employment and the provision of services for the Development on the grounds of race,
religion, national origin, marital status, sex, age, disability, or in any manner prohibited by
the laws of the United States or the State of Texas.
4.03. Time Periods. Time is of the essence in the performance of this Agreement.
4.04. 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 equal to the time period the Party was
delayed, except that the obligation of any Party to make any payments required pursuant
to this Agreement shall not be suspended by force majeure. The term "force majeure" shall
include any delay due to any of the following acts or events: (a) wars, terrorism, civil
disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b) transportation
disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work stoppage or slowdown
or other labor disputes or material shortages; (d) adverse weather conditions, including
rain of unusual duration or volume, hurricanes, lightning, tornadoes, earthquakes, floods
or acts of God; (e) epidemics or pandemics (but not including the COVID 19 pandemic) or
any governmental orders, actions, shut-downs, mandates, restrictions or quarantines, or
any quasi-governmental orders, actions, shut-downs, mandates, restrictions or
quarantines resulting from any epidemics or pandemics, and any public health
emergencies, whether declared by local, state or federal governmental authorities or
agencies; (f) labor shortages or moratoriums; (g) fire or other material casualty; (h)
mechanical failure of equipment; (i) utility delays or interruptions; (j) any emergency event
that threatens imminent harm to property or injury to persons; (k) any other causes of any
kind whatsoever, whether similar to those enumerated or not, which are beyond the control
of such Party in the performance of its obligations hereunder; provided, however, in all
cases, only to the extent that the Party claiming force majeure (1) did not cause such force
majeure condition, and (2) throughout the pendency of such force majeure condition,
utilizes commercially reasonable efforts to minimize the impact and delays caused by such
force majeure condition. If a Party is delayed due to force majeure, then such Party shall
provide written notice of the delay and applicable extension of time periods to the other
Party. In addition, a Party that has claimed the right to temporarily suspend its performance
under this section shall provide written reports to the other Party at least once every week
detailing: (i) the extent to which the force majeure event or circumstance continue to
prevent the Party’s performance; (ii) all of the measures being employed to regain the
ability to perform; and (iii) the projected date upon which the Party will be able to resume
performance, which projected date the Parties agree and acknowledge is only an estimate
and not a binding commitment by the Party claiming force majeure.
USE AGREEMENT Page 6
4.05. Assignment. Except as provided below, AEDC may not assign all or part of its
rights and obligations under this Agreement to a third party without prior written approval
of City Council and the City, which approval will not be unreasonably withheld or delayed.
The City agrees, however, that AEDC may assign all or part of its rights and obligations
under this Agreement to any entity affiliated with AEDC by reason of controlling, being
controlled by, or being under common control with AEDC or to a third-party lender
advancing funds for the construction or operation of Public Improvements. The City
expressly consents to any assignment described in the preceding sentence and agrees
that no further consent of City Council or the City to such an assignment will be required.
AEDC agrees to provide the City with written notice of any such assignment. The foregoing
notwithstanding, any assignment of AEDC’s rights under this Agreement shall not release
AEDC from its obligations hereunder.
4.06. INDEMNITY. AEDC COVENANTS TO FULLY INDEMNIFY, DEFEND, SAVE, AND
HOLD HARMLESS THE CITY, AND ITS OFFICIALS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING WITHOUT LIMITATION DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED
(INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND ASSOCIATED
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS)
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF AEDC, ITS
AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR
EMPLOYEES THAT RELATE IN ANY MANNER TO AEDC’S PERFORMANCE OF THIS
AGREEMENT OR TO THE PROPERTY, INCLUDING WITHOUT LIMITATION INJURY
OR DAMAGE TO PUBLIC OR PRIVATE PROPERTY. THE INDEMNITY PROVIDED FOR
ABOVE SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE
NEGLIGENCE OR FAULT OF THE CITY, ITS OFFICIALS, OFFICERS, AGENTS,
EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRING NEGLIGENCE OR FAULT OF CITY AND AEDC, RESPONSIBILITY AND
INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF
THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY
AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW. AEDC’S OBLIGATIONS UNDER
THIS SECTION 4.06 SHALL SURVIVE THE TERM OF THIS AGREEMENT.
4.07. Events of Default by AEDC. In addition to other events of default by AEDC set
forth in this Agreement, each of the following events constitute a default of this Agreement
by AEDC:
(a) The City reasonably and in good faith determines that any representation or
warranty on behalf of AEDC contained in this Agreement or in any financial statement,
USE AGREEMENT Page 7
certificate, report, or opinion submitted to the City or the City in connection with this
Agreement was incorrect or misleading in any material respect when made.
(b) Any attachment or other levy against the Property or any portion thereof with respect
to a claim, excluding mechanic’s and materialman’s liens, remains unpaid, undischarged,
or not dismissed for a period of 120 business days.
(c) AEDC makes an assignment for the benefit of creditors.
(d) AEDC files a voluntary petition in bankruptcy or is adjudicated insolvent or bankrupt.
(e) If taxes owed to the City by AEDC become delinquent, and AEDC fails to timely and
properly follow the legal procedures for protest or contest.
(f) AEDC fails to timely, fully and completely comply with any one or more of the
deadlines, material requirements, obligations, duties, terms, conditions or warranties of this
Agreement.
(g) AEDC sells or attempts to sell the Property or any interest in the Property to any
third party. It shall not be a default under this Agreement if AEDC leases or licenses the
use of the Property or any part thereof to a third party provided that the lease or license
constitutes a public purpose. A “public purpose” under this Section 4.07(g) includes but is
not limited to a use that promotes new or expanded business enterprises.
4.08. Notice of Default. Should the City determine that AEDC is in default according to
the terms of this Agreement, the City shall notify AEDC in writing of the event of default,
and provide 30 business days from the date of the notice (“Cure Period”) for AEDC to cure
the event of default; provided, however, in the event if such event of default is not able to
be cured within such 30-day period, AEDC shall be permitted additional time to effectuate
such cure, provided, that in no event shall the Cure Period exceed 60 business days from
the date of notice from the City. Notwithstanding the foregoing or any other provision
of this Agreement, any default related to or associated with AEDC failing to use the
Property for a Public Purpose as determined by the City in its sole discretion shall
result in title to the Property immediately and automatically reverting to the City, and
the City shall thereafter be the sole owner of the Property in fee simple title.
4.09. Results of Uncured Default by AEDC. After exhausting good faith attempts to
address any default during the Cure Period and, taking into account any extenuating
circumstances that might have occurred through no fault of AEDC, as determined by the
City, the AEDC shall pay the City its reasonable attorney fees, related expenses, and costs
of court to collect amounts due to enforce or terminate this Agreement. Upon full payment
by AEDC of all sums due, the City and AEDC shall have no further obligations to one
another under this Agreement. Neither the City nor AEDC may be held liable for any special
or consequential damages.
4.10. No Waiver. No waiver of any covenant or condition, or the breach of any covenant
or condition of this Agreement, constitutes a waiver of any subsequent breach of the
USE AGREEMENT Page 8
covenant or condition of this Agreement. No waiver of any covenant or condition, or the
breach of any covenant or condition of this Agreement, justifies or authorizes the
nonobservance on any other occasion of the covenant or condition or any other covenant
or condition of this Agreement. Any waiver or indulgence of AEDC’s default may not be
considered an estoppel against the City. It is expressly understood that if at any time AEDC
is in default in any of its conditions or covenants of this Agreement, the failure on the part
of the City to promptly avail itself of the rights and remedies that the City may have, will not
be considered a waiver on the part of the City, but the City may at any time avail itself of
the rights or remedies or elect to terminate this Agreement on account of the default.
4.11. Limitation of Remedies. AEDC specifically agrees that the City shall not be liable
to AEDC for any actual or consequential damages, direct or indirect, interest, attorney fees
or related expenses, or cost of court for any act of default by the City under the terms of
this Agreement.
4.12. Notices. Any notice and/or statement required and permitted to be delivered under
this Agreement shall be deemed delivered by depositing the same in the United States
mail, certified with return receipt requested, proper postage prepaid, addressed to the
appropriate party at the following addresses, or at such other addresses provided by the
Parties in writing.
AEDC:
Anna Economic Development Corporation
Attn: Director of Economic Development
120 W. 7th Street
Anna, Texas 75409
CITY:
City of Anna
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
Notice is effective upon deposit in the United States mail in the manner provided above.
4.13. Incorporation of Other Documents. The Exhibits referenced in this Agreement
and attached hereto are incorporated herein as if set forth in full for all purposes. Said
Exhibits include the following: Exhibit 1, Legal Description of the Property
4.14. Amendments or Modifications. No amendments or modifications to this
Agreement may be made, nor any provision waived, unless in writing signed by a person
duly authorized to sign Agreements on behalf of each party.
4.15. Relationship of Parties. In performing this Agreement, both the City and AEDC will
act in an individual capacity, and not as agents, representatives, employees, employers,
USE AGREEMENT Page 9
partners, joint-venturer, or associates of one another. The employees or agents of either
party may not be, nor be construed to be, the employees or agents of the other party for
any purpose. Except as expressly set forth in this Agreement, at no time shall the City or
the City have any control over or charge of AEDC’s ownership or use of the Property or
design, construction or installation of any infrastructure or improvements on or related to
the Property, nor the means, methods, techniques, sequences or procedures utilized for
said design, construction or installation. This Agreement does not create a joint enterprise
between the City and AEDC.
4.16. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in any way limit or amplify the terms and
provisions of this Agreement.
4.17. Severability. If for any reason, any section, paragraph, subdivision, clause,
provision, phrase or word of this Agreement or the application of this Agreement to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable, will
not be affected by the law or judgment, for it is the definite intent of the Parties to this
Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word
of this Agreement be given full force and effect for its purpose. To the extent that any clause
or provision is held illegal, invalid, or unenforceable under present or future law effective
during the term of this Agreement, then the remainder of this Agreement is not affected by
the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as
may be possible and be legal, valid, and enforceable, will be added to this Agreement
automatically.
4.18. Venue. Venue for any legal action related to this Agreement is in Collin County,
Texas.
4.19. Interpretation. The Parties have been represented by counsel of their choosing in
the negotiation and preparation of this Agreement. This Agreement was drafted equally by
the Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any Party shall not apply.
4.20. Sole Agreement. This Agreement constitutes the sole agreement between the City
and AEDC as relates to the Development. Any other prior agreements, promises,
negotiations, or representations related to the Development, verbal or otherwise, not
expressly stated in this Agreement, are of no force and effect.
4.21. Third Party Beneficiaries. This Agreement is not intended to confer any rights,
privileges or causes of action upon any third party.
USE AGREEMENT Page 10
4.22. Binding Agreement. This Agreement shall be binding on and inure to the benefit
of the Parties to it and their respective heirs, executors, administrators, legal
representatives, successors, and permitted assigns.
4.23. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and the binding agreement of each Party to the terms
herein, but all of which together will constitute one and the same instrument.
4.24. Recording. The Parties agree that this Agreement, or any memorandum or short
form of this Agreement, may be recorded.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY; SIGNATURE PAGE(S) FOLLOW]
USE AGREEMENT Page 11
ANNA ECONOMIC DEVELOPMENT CORPORATION, a Texas Type A development
corporation
By: ________________________________
Bruce Norwood, its President
State of Texas
County of Collin
Before me, on this day personally appeared, Bruce Norwood, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same in his capacity as President of Anna Economic Development
Corporation for the purposes and consideration therein expressed and on behalf of said
corporation.
Given under my hand and seal of office this ____ day of _________________ 2022.
________________________
Notary – State of Texas
USE AGREEMENT Page 12
CITY OF ANNA, TEXAS, a Texas home-rule municipality
By:______________________________
Nate Pike, Mayor
State of Texas
County of Collin
Before me, on this day personally appeared Nate Pike, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as Mayor of the City of Anna, Texas.
Given under my hand and seal of office this ____ day of _________________ 2022.
__________________________
Notary – State of Texas
EXHIBIT 1 to USE AGREEMENT Page Solo
EXHIBIT 1
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1 of Independent Bank Addition, an Addition to the City of Anna, Texas, according to the Map
thereof recorded in Volume P, Page 209, of the Map Records of Collin County, Texas.
Special Warranty Deed Page 1
EXHIBIT B
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVERS' LICENSE NUMBER.
After Recording Return to:
City of Anna
Attention: City Manager
120 W. 7th Street
Anna, Texas 75409
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF COLLIN §
As used herein, the following terms shall have the following meanings:
Grantor: City of Anna, Texas,
a Texas home-rule municipality
Grantor's Mailing Address: City of Anna, Texas
Attention: City Manager
120 W. 7th Street
Anna, Texas 75409
Grantee: Anna Economic Development Corporation,
a Texas Type A development corporation
Grantee's Mailing Address: Anna Economic Development Corporation
Attention: Director of Economic Development
120 W. 7th Street
Anna, Texas 75409
Consideration: In accordance with Texas Local Government Code § 253.012,
consideration for the sale of the Property is Grantee’s unconditional promise to Property in a
manner that primarily promotes a public purpose of the Grantor.
Special Warranty Deed Page 2
Property (including any improvements): Real property situated in Collin County, Texas, being
Lot 1 of Independent Bank Addition, an Addition to the City of Anna, Texas, according to the Map
thereof recorded in Volume P, Page 209, of the Map Records of Collin County, Texas.
Conveyance: Subject the reversion clause set forth below, Grantor, for the Consideration
stated above, grants, sells, and conveys to Grantee the Property in fee simple title, together will
all and singular the rights and appurtenances thereto in any way belonging to have and to hold it
to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's
successors and assigns to warrant and forever defend all and singular the Property to Grantee
and Grantee's successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof when the claim is by, through or under Grantor or Grantor’s
successors and assigns but not otherwise.
Reversion: The Property shall automatically revert to Grantor if the Grantee at any time fails to
use the Property in a manner that primarily promotes a public purpose of the Grantor.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED and EFFECTIVE on the date(s) of the acknowledgment(s) below:
GRANTOR:
CITY OF ANNA, TEXAS,
a Texas home-rule municipality
By: _______________________________
Nate Pike, Mayor
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared, Nate Pike,
known to me to be one of the persons whose name is subscribed to the foregoing instrument and
he acknowledged to me that he executed the same for the purposes and consideration therein
stated and in the capacity therein stated as the act and deed of the City of Anna, Texas, a Texas
home-rule municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the office this
__________ day of _______________________ 20____.
(Seal) Notary Public- State of Texas
My Commission Expires: _________________
Special Warranty Deed Page 3
Agreed and Accepted:
GRANTEE:
ANNA ECONOMIC DEVELOPMENT
CORPORATION,
a Texas Type A development corporation
By: _______________________________
Bruce Norwood, its President
THE STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared, Bruce
Norwood, known to me to be one of the persons whose name is subscribed to the foregoing
instrument and he acknowledged to me that he executed the same for the purposes and
consideration therein stated and in the capacity therein stated as the act and deed of the Anna
Economic Development Corporation, a Texas Type A development corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of the office this
__________ day of _______________________ 20____.
(Seal) Notary Public- State of Texas
My Commission Expires: _________________
Item No. 5.c.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving an Incentive Agreement with 3
Nations Brewing LLC. (EDC)
SUMMARY:
As the City Council conveyed 101 S. Powell to the Anna EDC for the public purpose of
economic development, the Anna EDC has been working with 3 Nations Brewing since
May. In order to renovate the former bank turned office building into a brewery and
revitalize the property to allow for public gathering and accessible pedestrian access,
the EDC would like to provide the following incentives:
• Initial five-year lease with a five-year renewal option--$14 per square foot per annum
in the initial five-year term (the rent for a renewal term will be negotiated no later than
six months before the end of the initial five-year term). 3 Three Nations will be required
to pay any applicable ad valorem taxes that may become due.
• 3 Three Nations will update/remodel the building, with the CDC/EDC and/or City of
Anna providing a grant of up to $650,000—this also includes updating the roof, fire
suppression system, sidewalks/landscaping, and the HVAC system. Up to $400,000
may be paid up front and up to $250,000 being paid in Year 2 conditioned on progress
of remodeling and continued operations.
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. Res. Incentive Agreement C03029D20220930CR1
ANNA EDC RESOLUTION NO. _______ PAGE 1 OF 2
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. __________________
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AN INCENTIVE AGREEMENT FOR NEW ECONOMIC DEVELOPMENT
WITH 3 NATIONS BREWING, LLC
WHEREAS, the Anna Economic Development Corporation (the “EDC”) wishes to enter
into an Incentive Agreement for New Economic Development with 3 Nations Brewing,
LLC, (the “Company”); and
WHEREAS, the EDC owns real property consisting of approximately 0.879 acres and a
5,580 square foot building (the “Property”); and
WHEREAS, the Company plans to improve and occupy the Property and use the
Property solely as the site for a Brewpub; (the “Brewpub Project”); and
WHEREAS, the City of Anna, Texas (the “City”) currently lacks an establishment similar
to the Brewpub Project to serve as a catalyst for the Downtown area and the EDC’s Board
of Directors has found that the Brewpub Project will promote new or expanded business
development and advance the Downtown Master Plan; and
WHEREAS, it is projected that the location and operation of the Brewpub in the City will
directly create a minimum of 15 jobs; and
WHEREAS, the EDC recognizes the positive economic impact that Brewpub will bring to
the City through development and diversification of the economy, reduction of
unemployment and underemployment through the production of new jobs, the attraction
of new businesses, and the additional tax revenue; and
WHEREAS, the EDC is authorized to grant the Incentive Grant under Chapter 504 of the
Texas Local Gov’t Code;
NOW, THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
ANNA EDC RESOLUTION NO. _______ PAGE 2 OF 2
Section 2. Approval of Incentive Agreement
The EDC hereby approves the Incentive Agreement for New Economic Development
attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the
EDC President to execute same on its behalf, subject to approval as to form by legal
counsel for the EDC.
PASSED AND APPROVED by the Anna Economic Development Corporation on this
______, day of _____________ 2022.
ATTEST: APPROVED:
_____________________________ ____________________________
Bruce Norwood, EDC President Rocio Gonzalez, EDC Secretary
Item No. 5.d.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on a Resolution approving a Lease Agreement with 3 Nations
Brewing LLC for 101 S. Powell Pkwy. (EDC)
SUMMARY:
Lease agreement terms:
1. 5 year initial lease with a 5 year renewal option for the 5,580 sf building
2. $14 per square foot per annum ($6,510 per month) in the initial 5 year term (due
within 10 business days of the 1st day of the month)—rent for additional term will
be negotiated no later than 6 months before the initial term ends.
3. 3 Nations Brewing Company LLC is responsible for the cost of utilities, trash, etc.
4. Responsible for any ad valorem taxes that may become due.
STAFF RECOMMENDATION:
Approve.
ATTACHMENTS:
1. Res. Lease C03029D20220929CR1
ANNA EDC RESOLUTION NO. _______ PAGE 1 OF 2
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. __________________
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING A LEASE AGREEMENT WITH 3 NATIONS BREWING, LLC AND
AUTHORIZING THE LEASE UNDER SAID AGREEMENT FOR PROPERTY LOCATED
AT 101 S. POWELL PARKWAY, ANNA, TEXAS
WHEREAS, the Anna Economic Development Corporation (the “EDC”) wishes to enter
into a Lease Agreement with 3 Nations Brewing, LLC, (the “Company”) for property
owned by the EDC located at 101 S. Powell Parkway; and
WHEREAS, the EDC owns real property consisting of approximately 0.879 acres and a
5,580 square foot building (the “Property”); and
WHEREAS, the Company plans to improve and occupy the Property and use the
Property solely as the site for a Brewpub; (the “Brewpub Project”); and
WHEREAS, the City of Anna, Texas (the “City”) currently lacks an establishment similar
to the Brewpub Project to serve as a catalyst for the Downtown area and the EDC’s Board
of Directors has found that the Brewpub Project will promote new or expanded business
development and advance the Downtown Master Plan; and
WHEREAS, it is projected that the location and operation of the Brewpub in the City will
directly create a minimum of 15 jobs; and
WHEREAS, the EDC recognizes the positive economic impact that Brewpub will bring to
the City through development and diversification of the economy, reduction of
unemployment and underemployment through the production of new jobs, the attraction
of new businesses, and the additional tax revenue; and
WHEREAS, the Lease of the Property to the Company will facilitate its operations in the
Downton area;
NOW, THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
ANNA EDC RESOLUTION NO. _______ PAGE 2 OF 2
Section 2. Approval of Lease Agreement
The EDC hereby approves the Lease Agreement (the “Agreement”), attached hereto as
EXHIBIT A, incorporated herein for all purposes, and authorizes the EDC President to
execute same on its behalf, subject to approval as to form by legal counsel for the EDC.
PASSED AND APPROVED by the Anna Economic Development Corporation on this
______, day of _____________ 2022.
ATTEST: APPROVED:
_____________________________ ____________________________
Bruce Norwood, EDC President Rocio Gonzalez, EDC Secretary
Item No. 5.e.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on engaging a real estate representative. (EDC)
SUMMARY:
Staff would like to discuss bringing on a real estate representative to assist with the
possible sale of the Inc Cube Building.
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 6.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Director's Report.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 6.a.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Strategic Plan Update
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. September 2022 Strategic Plan Update
Economic Development
Strategic Plan Highlights
September 2022
Director attended the International Economic Development
Council (IEDC) Annual Conference in Oklahoma City
Anna EDC sponsored Bisnow’s Collin County State of the
Market Expo
Assistant Director presented to Leadership Anna
Director gave presentation to Anna Neighbor Academy
Director represented City of Anna at Austin’s Retail Live
Expo
Economic Development Director interviewed by D CEO
“North Texas is the Country’s New Semiconductor
Manufacturing Capital”
City conveyed 101 S. Powell property to the EDC
Measureables
September 2022 New Newsle t t er
Subscri ber s : 5 (949 t otal)
W ebsi t e Use rs: 1,9 86 (5.7%
dec rease in new u sers in
30 days)
W ebsi t e P age vi ew s: 3,2 24
(5% de cr eas e i n 30 d ays)
Ne w Linke dI n Follower s: 42
(937 total)
Busine s s R etention /
Expa n s io n Visits : 2
Real Estate Bro ker /
Dev elo per Me etings : 1 6
Co nstr u cti on /
Arc h itectura l Meeti ng s: 3
Item No. 6.b.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Financial Report / Sales Tax Update
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
1. 2022 Monthly Sales Tax Report
% Change
2021-22 Collections from 2020-21 Collections
Monthly Prior Year Monthly
October 417,343$ 24.4% 335,454$
November 483,556 42.2% 340,156
December 552,138 31.7% 419,319
January 435,037 28.4% 338,879
February 416,044 42.3% 292,405
March 583,700 32.4% 441,021
April 494,472 31.6% 375,823
May 511,309 32.7% 385,457
June 583,874 24.8% 467,686
July 570,950 32.1% 432,097
August 406,214
September 453,292
5,048,423$ 4,687,804$
Budget: 4,926,370 102.5% 4,300,000
CITY OF ANNA
Schedule of Sales Tax Collections
For the month July 31, 2022
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Monthly Sales Tax Collections:
3 Year Comparison
FY2021-22 FY2020-21 FY2019-20
Item No. 6.c.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
November Meeting Date
SUMMARY:
The NTCAR Expo and Texas Downtown Association Conference take place on the
CDC-EDC's regularly scheduled Board Meeting of November 3rd. As the Board has
requested to meet on a Wednesday in November, the next Board Meeting will take
place on Wednesday, November 9th at 6:00 p.m.
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 7.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Closed Session.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 8.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Reconvene into open session and take any action on closed session items.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Item No. 10.
EDC/CDC Agenda
Staff Report
Meeting Date: 10/5/2022
Staff Contact:
AGENDA ITEM:
Adjourn.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS: