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Home My WebLink About2022-10-25 Regular Meeting PacketAGENDA City Council Meeting THE CITY OF Anna Tuesday, October 25, 2022 @ 6:30 PM Anna Municipal Complex, Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on October 25, 2022 at the Anna Municipal Complex, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a. Code Compliance Month Proclamation b. Arbor Day Proclamation 2022 5. Work Session. a. Discussion on a proposed design of a new City Seal. (City Secretary Carrie Land) b. Discuss the process for the Municipal Complex Plaza Design and Construction. (Director of Public Works Greg Peters, P.E.) C. Discuss the project initiation and design of a new indoor recreation facility as defined in Proposition C of the City of Anna's 2021 Bond Election and the City of Anna Parks, Open Space, Trails, & Recreation Master Plan. (Director of Public Works Greg Peters, P.E.) 6. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Meeting Minutes for October 11, 2022. (City Secretary Carrie Land) b. Review Minutes of the September 7, 2022, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) C. Review Monthly Financial Report for the Month Ending September 30, 2022. (Budget Manager Terri Doby) d. Approve all matters incident and related to the issuance and sale of "Greater Texoma Utility Authority Contract Revenue Bonds, Series 2022 (Collin/Grayson Water Transmission Project)" including the adoption of an ordinance approving the issuance thereof and the facilities to be constructed or acquired by such Authority. (Director of Public Works Greg Peters, P.E.) e. Approve a Resolution adopting an Interlocal Agreement for the collection of special assessments in the AnaCapri Public Improvement District Improvement Area No. 1. (Director of Economic Development Joey Grisham) f. Approve a Resolution adopting an Interlocal Agreement for the collection of special assessments in the AnaCapri Public Improvement District Improvement Area No. 2A. (Director of Economic Development Joey Grisham) g. Resolution selecting CIP roadway submittals for Collin County Bond Call for Projects. (Director of Public Works Greg Peters, P.E.) h. Approve a Resolution making revisions to the Investment Policy. (Finance Director Alan Guard) i. Approve an Ordinance Adopting a Purchasing Policy. (Finance Director Alan Guard) j. Approve Resolution Authorizing Agreement with Lexipol, LLC for Fire Policy Management (Fire Chief Ray Isom) k. Approve Resolution Authorizing Agreement with Emergency Services Consulting International (Fire Chief Ray Isom) 7. Items For Individual Consideration. a. Consider/Discuss/Action on City Council Meeting Dates for November and December. (City Manager Jim Proce) b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 98.0± acres located on the south side of E. White Street, 500± feet east of S. Interurban Street from AG Agricultural District, SF-E Single -Family Residential and Planned Development (Ord. No. 145-2004) to Planned Development. (Director of Development Services Ross Altobelli) C. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding annexation of 78.0± acres of land generally located on the north side of Farm - to -Market Road 455, 3,830± feet west of Standridge Boulevard. (Planning Manager Lauren Mecke) d. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to establish zoning on 78.0± acres located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development -SF-TH Townhome District. (Planning Manager Lauren Mecke). e. Agreement between Grace Place Community Garden and the City of Anna (Olivia Demings) 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Manager Annual Review The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City's website (www.annatexas.gov) and at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 10/21/2022. Carrie L. Land, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna AGENDA ITEM: Code Compliance Month Proclamation SUMMARY: 1l "111►r.x"W11 City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Olivia Demings October is Code Compliance Month. This proclamation recognizes the staff members of the Community Enhancement and Compliance Division and the work they do to make Anna a great place to live. Anjanette Osborne - Code Compliance Officer Mike Whereland - Code Compliance Officer Anne Quinonez - Adminstrative Assistant Olivia Demings - Community Enhancement Coordinator Kevin Martin - Community Enhancement and Compliance Manager Throughout the month of October, videos will be shared on social media featuring the code compliance officer, highlighting the top code violations in the City. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: N/A ATTACHMENTS: 1. Code Compliance Proclamation 2022 APPROVALS: Olivia Demings, Events Coordinator Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 Citp of Anna, Texas Proclamation NATIONAL CODE COMPLIANCE MONTH OCTOBER 2022 WHEREAS, Code Enforcement Officers provide for safety and welfare of the citizens throughout the United States through the enforcement of local codes or ordinances facing various issues of building, zoning, housing, environmental, health and life safety; and WHEREAS, Code Enforcement Officers often have a challenging and demanding role and often do not receive recognition for the job that they do in improving living and working conditions for our residents and businesses; and WHEREAS, Code Enforcement Officers are dedicated, and high qualified professionals who share the goals of preventing neighborhood deterioration, enhancing and ensuring safety, and preserving property values through knowledge and application of housing, zoning, and nuisance codes and ordinances; and WHEREAS, Code Enforcement Officers often have a highly visible role in the communities they serve and regularly interact with a variety of state officials, county officials, first responders, legislative boards, commissions, agencies, and bodies; and WHEREAS, Code Enforcement Officers are called upon to provide quality customer service and excellence to the residents and businesses of the communities in which they serve; and WHEREAS, the City of Anna wants to recognize and honor Code Enforcement Officers and Professionals and bring awareness to the Importance of Code Enforcement to the community; and THEREFORE, BE IT PROCLAIMED the month of October 2022 as National Code Compliance Month in the City of Anna calls about its neighbors to recognize and express their appreciation for the dedication and service by the individuals who serve as our Code Enforcement Officers. c7n mwess where f T hale hereunw set mp hand this dap f 2022 and called this seal to be aed Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: Arbor Day Proclamation 2022 SUMMARY: City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Olivia Demings Community Enhancement is celebrating Arbor Day all during the month of November! We will be visiting Harlow Elementary on November 3rd for a reading of The Lorax, a presentation by Collin County Master Gardeners, and crafts. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: N/A ATTACHMENTS: 1. Arbor Day 2022 APPROVALS: Olivia Demings, Events Coordinator Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 TREE CITY USA An Arbor Day Foundation Program *** OFFICIAL PROCLAMATION *** WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS Arbor Day is now observed throughout the nation and the world, and WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal. NOW, THEREFORE, I, Nate Pike , Mayor of the City of Anna , do hereby proclaim November 4th as ARBOR DAY FURTHER, In the City of Anna , and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. DATED THIS 25 day of October 2022 Mayor EDArbor Day Foundation THE CITY OF Anna i00►r.1M City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Carrie Land AGENDA ITEM: Discussion on a proposed design of a new City Seal. (City Secretary Carrie Land) SUMMARY: The City seal is affixed to all appropriate documents, ordinances, resolutions, minutes and proclamations by the City Secretary. The current City seal is a generic seal used by many smaller cities. Staff is recommending personalizing the City seal to match the inlay in the lobby at the Municipal Complex. The seal would then be unique to the City of Anna. Below is a sample of the proposed and current seal. The proposed seal would be inked in blue. PROPOSED JL } vs. FINANCIAL IMPACT: CURRENT Cost of a rubber seal and embosser, estimated $300. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Would the City Council like staff to proceed with the changing of the City seal? ATTACHMENTS: APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/19/2022 Carrie Land, City Secretary Approved - 10/19/2022 Jim Proce, City Manager Final Approval - 10/20/2022 THE CITY OF Anna �IMM1 ►1'.N011111:7 City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Gregory Peters AGENDA ITEM: Discuss the process for the Municipal Complex Plaza Design and Construction. (Director of Public Works Greg Peters, P.E.) SUMMARY: The conceptual plan for the central plaza on the Municipal Complex property was completed as a part of the Anna Community Library concept plans. This was done to ensure that the library facility and the plaza would work together as necessary to create well -planned public spaces and facilities for the community. The plaza is a separate project from the Library, and was not included in the 2021 Bond Election for funding. As such, it will require a separate funding source. Now that the conceptual design is complete, staff will present information on the next steps and funding options. FINANCIAL IMPACT: None at this time. Project funding will be presented as a budget amendment once project is approved and funds are identified. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: None at this time - this item is for informational purposes and discussion. ATTACHMENTS: 1. Plaza Concept 2. Library vs Plaza Landscaping Scope APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 10/18/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 TV aw wjk,- Plaza Feature Equipment fault Community Lawrn Christmas Tree Mount west Patio Fireman's Busque Blackland Prairie East Patio Library Busque Hammock Hangout Community Table Butterfly Carden Anna Community Library Community Event Space City Hall Fim Depattrr ent Aw THE CITY OF manna AGENDA ITEM: 10111110M=i City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Gregory Peters Discuss the project initiation and design of a new indoor recreation facility as defined in Proposition C of the City of Anna's 2021 Bond Election and the City of Anna Parks, Open Space, Trails, & Recreation Master Plan. (Director of Public Works Greg Peters, P.E.) SUMMARY: In 2021 Anna Neighbors approved Proposition C of the Bond Election, which included funding for "Planning, design, and property acquisition for an indoor recreation facility." Staff will present an overview of the project processes needed to complete this work and seek feedback from the City Council on how best to move forward. At a future Council Meeting, staff will present professional service contracts as needed to begin formal work on the project. FINANCIAL IMPACT: Funding in the amount of $1,158,000 is programmed in the FY2023 Community Investment Program to begin the process of planning, design and property acquisition, as stated in Proposition C of the 2021 Bond Election. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: This item is for discussion purposes only. Professional service contracts for the future project will be brought to the City Council for consideration at a future meeting. ATTACHMENTS: Parks and Trails Master Plan APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 10/18/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 manna 2050 Parks Open Spa'pe Trails Recreation Master Plan 4 Presented by 01111 H I. la terra studio'" Kimley»)Horn PROLOGUE catalyst. 011IIA11GIC COMMUNITY En d More. En eri-- B—, P L A N N I N G P P SERVICES SOLUTIONS a low Oki, ,I-0 -0, N4 - ? hi �I!�lii�ll�i; ii I � �&,Ai Table of Contents Chapter Chapter Chapter Chapter y 2 04 Introduction Anna at a Parks and Open Trails and Glance Space Sidewalks Chapter Chapter Chapter Chapter 07 Recreation Recreation Operational Implementation Facilities Programming Framework O INTRODUCTION This Anna Parks, Trails and Open Space Master Plan is part of a citywide planning effort that took place between March 2020 and April 2021. Anna 2050, the City's comprehensive plan (adopted April XX, 2021), was based on a Vision Statement and a set of Guiding Principles that set the tone for the future of Anna for the next several decades. This report details the results of that planning effort related to parks, open space and trails in the city of Anna. A summary version of this report is contained in the comprehensive plan as Chapter 8: Parks, Opens Space and Trails. This master plan also contains elements of several related areas within the plan, such as mobility, placemaking and Downtown PURPOSE OF THE PLAN The City of Anna is at a turning point and has the opportunity today to set the vison for the future of parks and open space within the city. There are currently a number of high -quality parks and open spaces, such as Natural Springs Park and Slayter Creek Park, that serve the existing population , but the city is expected to grow exponentially in the coming years. There will need to be strategic improvements to the current recreation system so that outdated components can be replaced as needed and so that the system can adapt to evolving demographics and trends. This Parks, Trails and Open Space Master Plan lays out the steps necessary to implement these improvements and replacements based on feedback from the community throughout the process and on previous planning efforts and accomplishments. These recommendations provide detail as to how enrichment and improvement of the Anna parks and recreation system can take place so that the needs of Anna neighbors will be met, both today and as the community grows. This plan follows the general guidelines for local park master plans established by Texas Parks and Wildlife Department (TPWD); In addition to these guidelines this plan address recreation specifically. Per planning requirements issued by the TPWD, the Parks, Trails and Open Space Master Plan should be updated after a five-year period or before if any major developments occur that significantly affect the ability of the city to remain eligible for the project priority program for TPWD grant funding. It has been approximately seven years since the last update of the plan , and Anna has undergone major development in that timeframe. An eligible TPWD plan contains at minimum a summary of: Accomplishments New public input Most recent inventory data Updated needs assessment Priorities New implementation plan Demographics Population projections Goals and objectives Standards Maps. RELATED PLANNING EFFORTS This plan provides a framework so that the City's parks and recreation amenities will continue to make a positive contribution to the future of the community. Adherence to the Vision Statement and Guiding Principles developed for the Anna 2050 Comprehensive Plan (see Chapter 2 of the Anna 2050 document) will make Anna a special place in which to live in 2050 . Specific references in the Guiding Principles to issues related to parks, trails and open space indicate a desire to ensure that the growth envisioned for the city "...benefits Anna's current and future neighbors..." and: Occurs where and when it can be supported by the public facilities and services (including schools) that Anna's neighbors need. Offers many diverse, vibrant, and distinctive destinations for work and play. Promotes the health and vitality of existing Anna neighbors, neighborhoods, businesses, and infrastructure. Is efficient and effective in its use of resources and infrastructure —fiscal, energy, water and natural assets. �i �Ee 6 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� PLAN FRAMEWORK This plan merges the current assets in Anna with the community's hopes for continued success. Achieving the Vision will require collaboration between the City, its leadership, and the other stakeholders in the area, and there are a number of techniques that can be applied. Ordinance amendments, capital improvements, catalyst projects, incentives, programming, and combinations of funding and partnerships are among these techniques. After the introduction to the planning process and a brief background on Anna, this plan is organized by topic -oriented chapters in which specific information is presented and Policies and Action Items are detailed. The plan concludes with a chapter on implementation. The following are the topic -oriented chapters contained in the plan: + Parks and Open Space + Trails and Sidewalks + Recreational Facilities and Programming + Operational Framework PLAN DEVELOPMENT PROCESS The planning process for the Parks, Trails and Open Space Master Plan began in early 2020. A series of interactive meetings was held to gather feedback and provide direction to the plan. In general, the main objectives of this process were to: Listen to and collaborate with the community to determine an updated list of needs and desires relating to parks, recreation, trails and open space Assess and analyze existing parks and recreation -related topics and conditions Evaluate existing goals and strategies for accomplishments and future relevance Establish an approach to the parks and recreation system's growth and improvement M11EI<ia terra studio 01MMO As part of the development of this Parks, Trails and Open Space Master Plan, a complete needs assessment was performed. The results and recommendations in this plan are based on an extensive process of community engagement activities, including the use of a project website and obtaining community input through focus groups, stakeholders meetings and steering committee meetings. Additionally examination of local and national recreational trends have influenced the plan. The City of Anna places a high priority on communication with neighbors and engagement during City processes. For the Anna 2050 process, a Communications/Neighbor Engagement Plan was developed to guide this public involvement. Originally, these efforts included Community Open House sessions and opportunities to provide online input. Due to COVIDE19, however, all engagement activities for 2020 were held virtually. Nevertheless, a significant amount of input was received, with over 3,800 individual responses and openMended comments. All virtual engagement was provided through the project website, www. anna205O.com. This website contains additional information about the Anna 2050 process as well as opportunities for engagement on this master plan. The site went live on July 31, 2020. To mirror the format of a Community Open House, activities for virtual "rooms" were designed by Strategic Community Solutions and CivicBrand managed the online implementation. In each online room, multiple stations gave participants diverse options for reviewing information developed through the planning process and providing input that helped shape this master plan. Three virtual room opportunities were provided, as described below. Comprehensive Plan Advisory Task Force On June 9, 2020, the Anna City Council nominated a group of Anna neighbors to serve on the Comprehensive Plan Advisory Task Force (CPATF). The role of this Task Force is to serve as a review and advisory body for the Comprehensive Plan, Downtown Master Plan, and Parks, Trails and Open Space Master Plan throughout the planning process. Task Force members served as ambassadors to the community to inform them about the planning process and encourage everyone to participate and build support for the draft plan. VIRTUAL ROOM #1: JOIN US! This initial round of engagement was intended to get people to connect with the Anna 2050 project, to provide very general input about the character of the community now and to describe a desired vision for the future. This room was live from August 11 through November 1, 2020. VIRTUAL ROOM #2: IMAGINE FUTURE ANNA The second round of engagement began shortly after the first. It included some of the activities that participants would have found at the "stations" had there been an inEperson Community Open House. This room was live from August 21 through November 1, 2020. VIRTUAL ROOM #3: CREATING A SUCCESSFUL FUTURE The third round of engagement explored particular issues and options in greater detail. It began after the Joint Workshop (City Council, Planning & Zoning Commission, Parks Board, EDC/CDC) on August 11, 2020, so the specifics of these questions and activities were fine0tuned to reflect the discussion and direction at the Joint Workshop. This room was live from September 24 through November 1, 2020. �i �Ee 8 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� HIGHLIGHTS FROM THE VIRTUAL ROOMS A review of all the detailed comments and input received through this online engagement revealed many different perspectives and ideas for the community's future. All of these details are found in the appendices of the Anna 2050 Comprehensive Plan. A few highlights as they relate to influencing this master plan are summarized below. + Most respondents are generally positive about their experiences in Anna. Many individual comments expressed satisfaction with the respondent's neighborhood, with the people in Anna and with other aspects of the community. A few people had concerns about change in recent years, either because the community is getting too big or because of issues like safety and traffic. + Many comments mention the friendliness of Anna and the welcoming character of the community. Anna neighbors see the community as a friendly and welcoming place. This is a feature people want to maintain even as Anna grows. + The challenges of managing growth are evident in the responses. Most comments recognize the challenges of growing yet maintaining a desirable community character. There are many comments about sustaining Anna's "small town feel," even as there are comments about attracting growth and securing new businesses. + Outdoor activities and natural areas are highly valued. The preferred images for the character of Anna and for its parks all depict scenes of activity outdoors. This is one of the themes that is most evident throughout the virtual rooms. + Trails and paths for walking and biking are a very high priority. Along with the focus on outdoor activities, the need for routes for walking and biking is a strong theme throughout all virtual rooms. Participants mentioned trails they use now and also identified places where new trails are needed. Top destinations within the city are desired to be connected with a network of trails and sidewalks. While future trails are recommended within City's parks and open spaces. Corridors such as creeks, and utility easements provide opportunities for these networks. + Even as they age, people expect to remain active and want trails and recreational facilities they can continue to use. When asked what they want to enjoy in 2050, even people who calculate that they will be in their 80's at that time express the hope they will be able to enjoy walking and activities outside and that these opportunities will be available to them in Anna. M11EI<ia terra studio + Most participants have a positive view of Downtown's role in Anna's future and have particular ideas about additions that would improve the area. Some of those respondents see it as an essential part of the character they value in Anna. Many specific shops, restaurants and activities were identified as desirable additions to Downtown. + There is support for planning and investing to accommodate expected growth. Several comments emphasized the need to keep up with infrastructure demands as Anna grows. Others stress the importance of good planning + Additional facilities and amenities often found in larger communities are desired here. Even though many participants want to maintain the feeling that Anna is a small town, they would like to have the facilities that require a larger community for support. New public facilities —including recreation centers, senior centers, and libraries reflect the level of public investment and service often found in larger communities. ADDITIONAL THEMES AND CONCLUSIONS: Additional themes and conclusions derived from the community input, staff and stakeholder interview process include: Anna has a sufficient inventory of outdoor components for its current population; however, the anticipated growth will require new facilities. Amenities are currently concentrated in a few locations, primarily on the east side of US 75. Anna is lacking in indoor and outdoor facilities and the recreational offerings typically associated with competitive or recreational level sports. Although Anna has a series of high -quality trails within its parks, it does not have a well-connected network of trails that allows people to get to parks or travel from one park to another or to other desired destinations throughout the city. ANNA 2050 PARKS MASTER PLAN 77 01MMO A review of all the detailed comments and input received through this online engagement revealed many different perspectives and ideas for the community's future. All of these details are found in the appendices of the Anna 2050 Comprehensive Plan. A few highlights as they relate to influencing this master plan are summarized below. This Parks, Trails and Open Space Master Plan identifies specific policies crafted to enhance the physical assets and operational framework of the Anna parks and recreation system. Based on a study of physical conditions and a robust community engagement process, the plan is intended to be responsive to the community's needs. It is both a policy document and a plan designed to target public investment and leverage public sector initiatives. Strategic Policies of the plan include: Policy 1. The City of Anna will create an exemplary parks and recreation system to provide Anna neighbors access to recreation close to home. Policy 2. The City of Anna will work with developers to create unique destinations that build off of existing areas of natural, cultural or architectural distinction to attract new residents and businesses. The CityofAnnashould encourage development of parks, open space and trails by utilizing land within floodplains to create connections across the community (see Chapter 7, Placemaking, Anna 2050 Comprehensive Plan). Policy 4. The City will increase staffing levels commensurate with the addition of parks, facilities and programming responsibilities. Policy 5. The City of Anna should develop and implement a plan for staff - facilitated recreation programming for the community, to include activities such as youth and adult sports leagues, after school programs, summer activities, skills classes, senior programs, etc. The City of Anna will pursue planning and design for additional trail connections, making important linkages to identified destinations throughout the city. Policy 7. The City of Anna will expand its inventory of recreation facilities, including planning and design for an indoor recreation facility. Policy 8. The City of Anna will pursue the planning and design of an outdoor sports complex to support the needs of Anna neighbors who want to play sports closer to home. Policy 9. The City of Anna will pursue the planning and design of an outdoor space within Downtown that will become a destination and gathering space for Anna neighbors and visitors. Policy 10. The City will adopt strategy for the development of active based recreation facilities. Policy 11. The City will develop key active recreation facilities to serve the community. Policy 12. The City will encourage other organizations to develop recreation facilities in Anna to serve community needs. Policy 13. The City of Anna commits to developing a strong set of recreation programs and services to serve the needs of the community. Policy 14. The City will make a clear and informed determination of the role it will play in providing community recreational programs. Policy 15. The City will establish an overall basic programming philosophy, a program plan and a program classification system as required recreation program support initiatives. The City should establish the required parks and recreation organizational support initiatives. �i �Ee 10 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� OLIt" oo. Z01, Anna at a Glance Anna is located in northern Collin County, along US 75 (Central Expressway), approximately 10 miles north of McKinney and 45 miles northeast of Dallas. Anna is currently 15 square miles in size. Central Expressway, one of the major travel corridors in North Texas, runs north -south through Anna, bisecting the 61.2 square mile study area for this master plan. This study area includes the land within the city limits as well as the land within the city's Extra Territorial Jurisdiction (ETJ). COMMUNITY PROFILE + 2021 Population: 17,460 (Source: NCTCOG*) + Location: Collin County, Texas + Total Households: 5,343 (ESRI) + Median Age: 32 Median Home Value: $210,000 (Source: U.S. Census) + Median Household Income: $81,734 Year of incorporation: 1913 *NCTCOG: North Central Texas Council of Governments POPULATION PROJECTIONS A full analysis of the parks and recreation system is not based solely on the inner workings of the parks system, but includes the community being served as well. In providing a comprehensive Parks, Recreation, and Trails Master Plan, both current and projected demographics must be analyzed to determine the composition of the population and its needs. Understanding these trends is a critical component in planning the current and future delivery of recreation programs and facilities in Anna. The following is a description of population growth scenarios detailed in the Anna 2050 Comprehensive Plan: According to NCTCOG*, Anna has a 2021 population of 17,460 residents. A variety of growth scenarios was analyzed to project future population. The results of the analysis reveal a projected 2050 population within the range of 42,000 to 84,000 residents. Projections from the Texas Water Development Board, ESRI, and several Compound Annual Growth Rate (CAGR) scenarios were analyzed based upon historical growth trends. The 5.5% CAGR scenario represents the high end of the spectrum with a 2050 projected population of roughly 84,000 residents. The 3.5% CAGR scenario is the most moderate scenario and represents a 2050 population of 42,000 residents. (The chart below) illustrates the population projections for Anna between 2020 and 2050. Anna Population Growth Scenarios 90,000 80,000 70,000 60,000 fl 50,000 ro D 40,000 a 30,000 20,000 10,000 0 20202022202420262028203020322034203620382040204220442ID4620482050 Year -3.5%CAGR -4-5 % CAGR -5.5 % CAGR - .ESRI Scenario -Texas Water 0 evel op meat Boa rd �i �Ee 12 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� 03 PARKS AND OPEN SPACE Parks and Open Space This chapter sets forth an action plan revolving around a four -step framework for the goal of adding new parks to the existing facilities in Anna and for improving existing parks to meet or exceed Anna neighbors' expectations. The four -step Park Development Cycle outlined below is explained further later in this chapter. PARK DEVELOPMENT CYCLE 1Acquire or receive parkland 2. Plan or design park improvements 3. Install park improvements 4. Maintain parks at a high level of quality PUBLIC PARKS AND OPEN SPACE IN ANNA The City of Anna presently has a variety of park, special use and trail facilities in its system to meet the recreational needs of Anna neighbors. There are approximately 193 acres in seven developed parks, trails and other facilities as well as undeveloped City -owned property and property that is in the platting stage that is planned for park development. Public parks in Anna are all at various stages of development. Opportunities for each park are included in this report. There are other public lands in Anna that could be developed into new parks, and there are opportunities for new parks to be created as private development occurs. The location of each of the existing parkland is indicated on the following map —Existing Parkland Map. A detailed inventory of parks is located in the Appendix of this plan . Anna Parks a�rA Qa° Vacy ,dimaoe 4"0y e Name Address Size `te 1tar Slayter Creek Park W Rosamond Pkvvy Anna. TX 75409 ��■��■� Anna, TX 75409 SherLey Heritage Park tot S Sheriey Rd IF Anna, TX 75409 t acre 0000000000MO■ Anna, TX 75409 Baldwin Park Anna, TX 75409 g acres �000000000000■ IPecan Grove Mika, TX 75409 ■■■■■■�■■■■■■ Anna TX75409 Oak HoLLow � ■■■■■■�■■■■■■ 1111111111111ITT-�y "Yank" Wash- ■■�■■■■■■■■■■ SLayter Creek Linear Park Anna, TX 75409 � �■■■■��■■■■ ANNA 2050 PARKS MASTER PLAN ----la terra Studio VAN ALS7YNE �5� u _l ,ee �rrw. Legend TRENTO'; Regiprt ETJ Study Are&City Limits M Public Park frc. caurrcw,w.r Private Park wwarmiaccw. M Future Park Forest WESTMWSTER Roodpiain M School Water — — Stream P I BLUE RIDGE PARKS AND OPEN SPACE �.:;ria terra Studio; ANNA 2050 PARKS MASTER PLAN 0 \ ADDITIONAL OPEN SPACES AND RECREATIONAL OPPORTUNITIES \ Within the city limits and ETJ of Anna, there are several additional recreational opportunities that are not under the direct management of the City. Some of these areas include: • Homeowners association (HOA) parks \\ • Private lakes and ponds • School campuses • Collin County Adventure Camp • Top Fun Ranch These areas provide Anna residents with recreation opportunities along with the parks and open space controlled by the City. While some of these areas \\may not be accessible to the general public, they still provide the community with open space assets. When planning for new parks, the service area of these offerings should be taken into consideration HOA PARKS A few homeowners associations and planned developments within Anna provide parks and open space for residents in their neighborhoods. Some of these spaces include improvements such as playgrounds, shade structures and trails, while others remain undeveloped and in a preserved natural state. Some include ponds and lakes that simply provide a serene setting for users. SCHOOL CAMPUSES One of the largest providers of open space in the city is the Anna Independent School District. Almost every school property has open play fields and a playground. In order to provide opportunities for neighbors, the City should explore the possibility of shared use and public access agreements . PRIVATE LAKES AND PONDS Over 35 private lakes or ponds are spread through the planning area. Some of these bodies of water are private stock tanks used for agriculture; others are larger Soil Conservation Service lakes built over the years. Many of these lakes hold great recreation potential for fishing, the use of small man - powered watercraft or the enjoyment of a passive open space . COLLIN COUNTY ADVENTURE CAMP Funded by the voters as part of a $26 million Collin County bond program, this adventure camp was constructed in 2006 and is managed by the YMCA of Metropolitan Dallas. The goal of the camp is to bring an outdoor learning experience to the children of Collin County. The program offers a 10-week summer camp and year-round group retreats. Amenities include a zipline tower, canoeing, fishing, archery, BB gun range, climbing wall and a teambuilding ropes course, as well as a dining hall and cabins to accommodate over 500 campers. TOP FUN RANCH Top Fun Ranch is a private venue available for rental that provides space for large events or parties. The ranch promotes a theme of "agritourism" and offers private lake fishing, water skiing, swimming, games, aviation services and food catering. ANNA 2050 PARKS MASTER PLAN \\\7"" 011Ee11a terra studio In order to develop a comprehensive set of recommendations for park improvements, current park standards and level of service measures were evaluated. The adequacy of existing parks, facilities and open spaces is determined by comparing the needs of the present and forecasted populations of Anna to specific goals and guidelines. CRITERIA FOR GUIDELINES Historically, the most common standards for park planning, as recognized by park and recreation professionals, have been those published by the National Recreation and Park Association (NRPA ). The NRPA recognizes the importance of establishing and using park and recreation guidelines as: A national expression of minimum acceptable facilities for citizens of urban and rural communities A guideline to determine land requirements for various kinds of park and recreation facilities A basis for relating recreation needs to spatial analysis within a community -wide system of parks and open space A means to justify the need for parks and open space within the overall land use pattern of a community These guidelines address minimum, not maximum, goals to be achieved. The guidelines are intended to be coupled with conventional wisdom and judgment relating to the particular situation to which they are applied and to specific local needs. This plan utilizes a combination approach, complemented and informed by community feedback, to determine the needs of each topics discussed in the chapters of this plan. The following two assessments were used to establish a Level of Service (LOS) for parks and open spaces in Anna: Population -based assessment —Provides a ratio of acreage to population Pedestrian shed -based assessment —Provides a geographic range of where certain parks and open space may be needed, measured against a 1/4-mile radius for a typical maximum pedestrian walk M!"Bla terra studid- Park Classification Acres Bryant Park Undeveloped Park 5 Acres Slayter Creek Park Community Park 46 Acres Johnson Park Neighborhood Park 3 Acres Sherley Heritage Park Special Use Park 1 Acre Natural Springs Park Community Park 29 Acres Baldwin Park Neighborhood Park 9 Acres Geer Park Undeveloped Park 25 Acres Pecan Grove Undeveloped Park 15 Acres Creekside Undeveloped Park 21 Acres Oak Hollow Undeveloped Park 8 Acres Henry Clay `Yank' Washington Neighborhood Park 1 Acre Slayter Creek Linear Park Linear Park 41 Acres STANDARDS AND PARK CLASSIFICATIONS For purposes of this planning effort, the parks in the city were categorized and classified based on park design concepts and standards identified by NRPA. Park classification types in Anna include: The following is a population -based assessment for each park type, based on a ratio of acreage to population, measured against NRPA standards and like -sized communities. For purposes of this analysis, parks that are currently in the planning process or have not been officially dedicated are not included until they are officially dedicated to the city. These spaces are noted and shown here to take into consideration for future planning. ANNA 2050 PARKS MASTER PLAN COMMUNITY PARKS A community park is a large and versatile type of park developed to serve the broader community. These parks can be designed to provide both active and passive recreational facilities for all ages. A community park can serve several neighborhood areas and can usually be accessed conveniently by automobile. A community park typically ranges in size from approximately 25 to 300 acres. In Anna, there are two community parks: Slayter Creek Park: 46 Acres Natural Springs Park: 29 Acres ••• Recommended LOS 2021 Population Estimate 5 Acres for111 residents 17,460 (NCTCOG) 2021 Target LOS 86 Acres 2021 Provided LOS 75 Acres 2050 Population Projection 184,000 2050 Projected Target LOS 1 420 Acres =.--la terra Studio NEIGHBORHOOD PARKS Neighborhood parks serve a variety of age groups within a limited area or neighborhood. They range in size from 1 to 15 acres and generally serve residents within a 1/4- to 1/2-mile radius. The neighborhood park typically includes areas for active recreation activities, such as field games, court games, playgrounds, etc. Passive recreation activities may include walking, viewing, sitting and picnicking. There are three parks of this type in Anna: + Johnson Park: 3 Acres + Baldwin Park: 9 Acres + Henry Clay `Yank' Washington: 1 Acre ... Recommended LOSfor 2021 Population Estimate 111 residents 17,460 (NCTCOG) 2021 Target LOS 26 Acres 2021 Provided LOS 2050 Population ProjectionJ42 13 Acres 4,000 2050 Projected Target LOS Acres SPECIAL USE/LINEAR PARKS Special use parks cover a broad range of specialized park and recreation facilities, often with a single major use. Golf courses, historical sites, community center sites, theme parks, water parks and other special use facilities fall into this category. These parks also include neighborhood or community park elements, but with amenities that have a regional appeal to visitors from outside the boundaries of the city. Linear parks are usually much longer than they are wide, in terms of their configuration. Examples include parks or trails within old railroad beds, utility corridors, floodplain areas or excess or abandoned right-of-way. Because special use parks and linear parks vary by size and type from city to city, there is not a specific recommended level of service. In Anna, there are two parks of this type: Sherley Heritage Park: 1 Acre + Slayter Creek Linear Park: 41 Acres *3 e. M!"Bla terra studio UNDEVELOPED PARKS Undeveloped parks are tracts of land currently dedicated as parkland and under City ownership. These properties are by ordinance reserved to be improved for park purposes. Currently, these properties do not provide the minimum level of service to be considered a neighborhood park or community park. There are several undeveloped parks in Anna: + Bryant Park: 5 Acres + Geer Park: 25 Acres + Pecan Grove: 15 Acres + Creekside: 21 Acres + Oak Hollow: 8 Acres ANNA 2050 PARKS MASTER PLAN PARKS "ON PAPER" During the planning process associated with this master plan, several developments were in the planning stages and included future parkland dedication as part of the project. These projects are being closely followed by staff and integration of the parkland into the parks system is expected. The properties and general locations of the proposed parks are included on the Park System Map. At the time of this report, specific amenities, acreages, or timing is unknown. It is recommended that the city ensure at least the minimal level of service and amenities is provided in these spaces. The Woods at Lindsey Place -22 Acres Located just west of Anna High School east of 75 the planned single-family residential subdivision with a multi -family component proposes to dedicate approximately 22 Acres of parkland. At the time of approval an 8' concrete hike and bike trail was proposed to be installed around the perimeter of the parkland. Additional amenities planned include shade structures, playground, picnic areas, dog park, 70 parking spaces, and preserved wooded areas. The park will be bisected by Rosamond Parkway at the future intersection of Ferguson Parkway. Amenities will be located on both sides of the road, A safe pedestrian crossing area should be planned for this area to include plenty of room to gather before crossing so groups of park users can cross together. •tit 0+�, � `•'w1� �••e -.°�'°t.. � :�'o' s:. e • rr. .'' .. A 0,i ;•r.o�' Concept Plan by Others: Subject to Change Q w•++.cwcrxn+wu Q• Qewrt Q aw. Qo ©ti 011Ee1a terra studio Villages of Hurricane Creek: 148 Acres A new subdivision planed for the west side of Central Expressway will bring much needed recreation opportunities to this side of the highway. It is anticipated approximately 148 Acres will be dedicated as parkland within the development. At the time of approval an 8' concrete hike and bike trail was proposed to be installed within these spaces linking areas of the new subdivision to and around an existing stock pond. An area within the open space is proposed to contain an outdoor amphitheater. The following amenities should also be considered for this area: + Parking for general access as well as specific planned amenities. + Preserved open space for passive recreation. + Multi -use sports pad + Fishing pier with shaded pavilion + Potential Recreation Center for West side of 75 (when future development occurs on this side of town) TTM _ - '.. - Nutlt LA z -------------------- - i Concept Plan by Others: Subject to Change M!"Bla terra studio Anna Crossing: 28 Acres (Future Park/Current Plat) A multiple phase single family residential subdivision with a multi -family complex as well as an elementary school located along highway 5 south of Downtown Anna. The neighborhood currently has an HOA owned and maintained playground. Within the development agreement a 28-acre park is to be dedicated in a future phase. Proposed amenities are not detailed at this time. The following amenities should also be considered for this area: Trail connection to the north to downtown Anna Rectangular practice fields and multi -use open space All -abilities playground r Concept Plan by Others: Subject to Change ANNA 2050 PARKS MASTER PLAN Natural/Open Space \ These are natural areas, generally left undisturbed, but not necessarily characterized as land preservations. No organized, active recreational uses are typically accommodated in these areas; they are primarily intended for passive recreational use. Typically, these areas will include low impact \recreation development such as trails, lake or river access and interpretive or educational areas. Within the city of Anna and its ETJ there are several \\ areas of potential for this type of recreation opportunity. Floodplain corridors offer this opportunity and can provide linkages to other developable areas throughout the city that are adjacent to the floodplain. As parkland dedication is reviewed locations adjacent to the floodplain or other natural areas should \ be encouraged. In addition to the floodplain corridors, soil conservation ponds and lakes provide this opportunity for enhancements to the natural \ offerings in the City of Anna. GAPS IN SERVICE - BY PARK POPULATION BASE The current offering of community parks represents a deficit of approximately 9 acres of parkland when a ratio of 5 acres per 1,000 residents is applied. At the present time, it appears that the city is meeting the minimum standard for community park offerings; however with expected growth and current projects underway, and the rapid population growth expected over the next few years, planning for additional community parks will be required to meet the recommended level of service. A gap of approximately 300 acres is projected based on the 2050 population estimate. The City of Anna will need to add at least two to three large community parks to adequately serve the community by 2050. The current offering of neighborhood parks is shown to have a gap of approximately 13 acres when a ratio of 1.5 acres per 1000 residents is applied. This gap is present when comparing the standard to the acreage in developed parks; however, the city has a surplus of undeveloped parkland, appropriately sized to serve as neighborhood parks. These properties, currently function as open space in the neighborhoods where they are located, should be improved with typical neighborhood park amenities to truly serve Anna neighbors with the minimal level of service amenities described in this report. A gap of approximately 30 acres is projected based on the 2050 population estimate. The City of Anna will need to add 5-6 neighborhood parks to adequately serve the community by 2050. This gap is based on an average size of 7 acres, it should be noted neighborhood parks can vary in size depending on the neighborhood served. ANNA 2050 PARKS MASTER PLAN 011Ee1a terra studio Pedestrian Shed -based Assessment Provides a geographic range of where certain parks and/or open space may be needed, measured against a 1/2 mile radius for typical 10 minute pedestrian walk. NESTON M!"Bia terra studio VAN ALSTYNE 75' `• YTFJe Npx Nrno�P s Legend TRENTON Region ET3 i�TJ� .. . • Study ArealCity Limits Public Park Private Park i'WESTMf[45TER Future Park Forest Floodplain 351' K —C ! School •' • • SrAYiER. _HE l' CLAY'YANK WASNiNGTON PARK IdPARKWater . CREEK sl . LINEAR r rJOH H>§Op PARK - Sh'E9m !� SKERLEY HERITAGE PARK _ GEEEIl PARK : Tf I,1 1fl Minute Walk ' NATURAL ! 1l1 Minute Walk 8PRIHGS " (Undeveloped Parkland) PARt �aE (F Minute Walk •��ow� �. ......... " .,, � r (Future Park) ".gun ,• ..�•' JSt• BLUE RI SERVICE AREAS ANNA 2050 PARKS MASTER PLAN WEE7 Areas that fall outside of the pedestrian shed analysis are considered to be under -served areas of the city. Residents that live in these areas are more than a 10 min walk from a city park Area A: Areas within the core of Anna that are not currently served by developed parks Area B: These areas are on the western side of Central Expressway and are expected to developed quickly over the next few years. The are north of 455 will be served by the future park in the Villages of Hurricane Creek development. 45, u 05 h A A B .... r -.SAY B M. LISSA Area C: This area contains the current phases of Anna Crossing and will mostly be served by the future 28 acre park. Underserved areas should be considered a priority when acquiring new parkland for the system in order to provide parkland within a within a 10-minute walk to every resident in the area. Fq 0 P - L WESTMINSTER Legend TRENTON Region ETJ - Study ArealGRy Limits Public Park !: Private Park Future Park Forest Floodplain School \/ Water Stream 10 Minute Walk 10 Minute Walk (Undeveloped Parkland) "•, 10 Minute Walk . ..:' [Future Park] BLUE RIDGE UNDERSERVED AREAS ANNA2050 PARKS MASTER PLAN N14-zia terra studs ' \\\\X\ i PARK DEVELOPMENT CYCLE IN ANNA The first part of the Park Development Cycle is to acquire land for parks. Land can be added to the parks and recreation system by several different methods: Dedication of land from the private sector to meet City requirements for new development + Donation from the private sector or individuals + Payment of parkland fees bythe private sectorto meet City requirements for new development; these fees can used by the City to purchase/ acquire new parkland Purchase/Acquisition of desirable parkland by the City Conversion of property already owned by the City for new parkland When considering property for future parkland dedication, acquisition, and/ or development, certain evaluation criteria should be utilized. Among these criteria should be: Is the land in the area without a park within a 10-minute walk from another park? Is the land generally usable for park and recreation purposes (Usable slope, size and not encumbered by floodplain, utilities or drainage)? + Is the land available for purchase? + Is there an added public purpose besides quality of life enhancement that could be addressed upon acquisition (e.g. erosion control, flood control, drainage improvement)? Does the land give additional lake front access or amenities? Is there upcoming or pending development that could assist with development of a park in a certain area? Are there any other efforts in the area or otherwise that could be complementary to the acquisition/development of a park in the area? Is there neighborhood support for a proposed park? Not all of the criteria above need to be met to justify the dedication and/or purchase of property for park development, but they should all be considered when evaluating potential parkland opportunities. Minimal level of service - Amenities The design of new public parks, to be developed by the public or private sectors, should be designed with a minimum set of amenities for the use of community members. Based on community feedback, this minimum set of amenities should include, but not necessarily be limited to, the following: Restroom (where possible) Shade Play equipment Picnic tables + Parking Shared Spaces Throughout the city, there is land that could beautify the community while also reflecting community branding, providing a sense of arrival, or acting as a gateway to the city. These areas, typically located within road rights - of ways or medians, are normally planned and maintained by the City's parks and recreation department. Elements such as common landscaping materials and signage or wayfinding can be located in these areas. Green Infrastructure These areas can also provide an opportunity to implement green infrastructure techniques to serve both functional needs, such as improved drainage and stormwater filtration, and for aesthetic benefits, such as quality of life and scenic views. Green infrastructure practices utilize open green spaces and the soils, vegetation and other natural elements within them to allow stormwater to permeate slowly into the soil after it falls, maintaining or restoring the water's natural flow, while providing moisture to the vegetation that is part of the system and preserving or restoring natural areas such as forests and wetlands. The use of green infrastructure reduces the amount of solid paved surface in favor of more natural areas such as rain gardens, vegetated swales, green roofs and porous pavements. It can be implemented at a regional scale or in a specific streetscape project or site design. In the urban setting, it may be most effective as part of a network of systems connected to established green spaces. M!!!I<ia terra studio ANNA 2050 PARKS MASTER PLAN FOCUS AREAS FOR EXPANSION AND KEY CENTERS The identification and emphasis on the Key Centers illustrated in the Anna 2050 Future Land Use Plan (see Chapter 3 of the Anna 2050 Comprehensive Plan) is a key plank in the community's strategy for targeting its investments to build upon important existing assets. As the city grows and development becomes more dispersed, these Key Centers will become focal points in the community. Placemaking strategies, including the manner in which parks and open spaces are provided, will be critical to the success of each of the centers. ANNA 2050 PARKS MASTER PLAN 75 CENTER The 75 Center is designed to serve and attract a regional audience with Community Commercial, Regional Activity Center and other high -density residential PlaceTypes (see Chapter 3, Anna 2050, for additional information on PlaceTypes). The built environment in this center should be supported by parks and recreation amenities for the use and enjoyment of residents, visitors and customers and as a means of connecting to the surrounding community. Trails and linear parks can serve this purpose in some areas, and it will be very important to incorporate a pedestrian -scaled east -west crossing over US 75. This crossing could be incorporated into an existing vehicular bridge, but should be comfortable for pedestrians and provide a clear separation from automobiles on the adjacent roadway. This bridge could be designed as a gateway feature visible from the main lanes of the highway. Crossing US 75 could also be accomplished below the road at locations that provide ample room for a trail to be "benched" into the opening below the road. Further trail connections should be made to and from this bridge to allow Anna neighbors to access not only the 75 Center, but also both sides of the city. This center also provides opportunities for mixed -use -supportive open spaces and plazas that would invite visitors to spend time outdoors after enjoying a restaurant or visiting a shop As well as the residents who live here. While open spaces within a mixed -use center typically do not have the room to support all users or user types, the park system should expect heaver use at the adjacent neighborhood parks to this center. Additional maintenance and upkeep at the nearby parks should be planned to not overburden these spaces. 01iEeia terra studio i DOWNTOWN ANNA* The Downtown area is the heart of Anna and has the potential to become the place that all Anna neighbors call their own. It can include a combination of an open space, a plaza and a series of well -designed streets and sidewalks that connect various parts of the center together. The history of Downtown can be celebrated through thoughtful design. Pedestrian -scaled connections from the Downtown Core to Sherley Heritage Park can provide both a physical and an emotional connection to the past. Pedestrian -scaled improvements should be used to emphasize connections from the new Municipal Complex to the Downtown Core. Downtown's central location also makes it a great location for community amenities, such as a community/recreation center, library or an appropriately scaled sports complex and for special events and activities. "Chapter 9 of the Anna 2050 Plan is dedicated to the future vision for Downtown. ANNA BUSINESS CENTER Trail connections to the Anna Business Center will allow both neighbors and employees to access this center in multiple ways. This center is an important asset for the future of Anna, and it is important to pay attention to the amenities provided and the environment created so that it will compete well with employment centers elsewhere in the North Texas region. Additional recommendations for this area include installation of green infrastructure applications in between buildings and parking areas to assist in conveyance of storm water in the center. These areas could be developed as amenities connected with the trail system or areas for employees to gather or take a break during the workday. / r rH uRmr in � nt nt w�� ■ ■ � ■ ■ 1 i ni in in in 4mq�� ■ al 11! M!!!I<ia terra studio 0 PARKS AND OPEN SPACE ACTION ITEMS To realize the Parks and Open Space strategy for Anna, the following Action Items should be implemented: Action 1. City -Owned Properties. Expand and/or enhance City -owned park and recreation properties that have the potential to better serve the surrounding residents or that could become a wellness and enjoyment destination for the community at large. Action 2. Parkland Dedication/Fee Ordinances. Review and revise current dedication and fee ordinances. Develop a process to review current ordinances annually Action 3. Property Acquisition. Acquire developable properties utilizing the key service criteria . Action 4. Open Space Standards. Create standards, where appropriate, to evaluate new private development proposals on their efforts to provide outdoor open space with amenities and neighborhood and/or community gathering places. Action 5. Open Space Opportunities. Evaluate alteration requests to existing buildings and sites for additional open space, plaza, gathering places and/or green space. Action 6. Plan Review. Continue to include Parks personnel on the Anna Development Review Committee and review plan submittals, not only to meet specific technical requirements, but also to meet community quality of life, recreation and open space needs . Action 7. Green Infrastructure Guidelines. Develop guidelines and encourage development within the city to implement green infrastructure practices, where applicable. Action 8. City Gateways and Shared Spaces. Plan for and design a citywide plan to standardize city gateways, monuments and medians to create a cohesive branded landscape throughout Anna. Action 9. Private Recreation Providers.: Engage local private recreation providers to explore opportunities and partnerships in providing services. Future expansion of the parks system should also take into consideration the location of these facilities and work to not replicate services provided in the same geographic area. Park Recommendations In addition to the Action Items the following are general park improvement recommendations for each of the City Owned parks today. Slayter Creek Park + Baseball field renovation (Turf) Skate park upgrade Connection to stadium/ drainage channel enhancements Sherley Heritage Park + Defined connection to downtown + Integration of train and track Park site plan to relate to the aesthetic of proposed downtown enhancement Additional Parking Johnson Park + Playground and Ballfield upgrade/replacement (Currently underway) Parking improvements Trail connections to downtown and other adjacent parks ANNA 2050 PARKS MASTER PLAN \\\7�� 1=1.1.Ee1a terra studio Geer Park + Park site plan + Potential land acquisition to assemble larger property Rectangle practice fields in interim Connection to downtown and other adjacent parks Natural Springs Park Trail connection to the east to Downtown Erosion control south of pond Nature Themed Play Structure Additional Parking Baldwin Park Trail connections to southwest along Slayter Creek Bryant Park Develop park based on proposed site plan Trail connections to rest of system Connections/partnership with ISD Pecan Grove Park + Park site plan for minimum level of amenities Trail connection Oak Hollow Park Park site plan for minimum level of amenities Trail connection Creekside Park + Park site plan for minimum level of amenities Trail connection ANNA 2050 PARKS MASTER PLAN f- •i 4*Mdo W010" - . . 9. _ - s 04 TRAILS AND SIDEWALKS Trails • Sidewalks The most significant theme expressed by the community during the public engagement part of the planning process was the desire for more trails and sidewalks of varying types. Trails and sidewalks serve many functions relating to mobility and connectivity, recreation, leisure, quality of life and wellness —all vital to achieving the vision of the Anna community. This chapter of the plan provides specific and actionable strategies to encourage the construction of additional trails and sidewalks within the city. In studying Anna's system of trails and sidewalks, several factors are worth noting for the future: + Connections. Missing segments of trails that could improve connectivity in the trail network should be installed, and trails to key destinations in Anna should be provided. + Trail Master Plan. Alignments in the Trail Master Plan should be reevaluated every year as some connectivity priorities may have changed since its adoption. + Trail Types, Although a hierarchy of trail surface options is desired, there is an increased desire for soft -surface trails and off-street, multi- use trails. + Trail Amenities. A variety of trail amenities, such as mile markers, parking, restrooms and directional signage should be provided, with an increased emphasis on pedestrian -scaled lighting, restrooms and security/safety enhancements, specifically. + Communication. Communication with users should be improved through website maps and tools, social media presence and in -park/ on -trail signage (including contact information for any management or operational issues). + Regional System. Support efforts within Collin County and the region to connect municipalities with trail infrastructure by planning tie ins to adjacent cities. NEEDS ASSESSMENT The following needs/themes emerged from community engagement efforts conducted during the planning process for the Parks, Trails and Open Space Master Plan in terms of trails: 1. Need for better maintenance and amenities along trails 2. Desire for separated bikeways 3. Desire for more connections from residential neighborhoods to parks and recreation destinations 4. Need more connections between parks and recreation areas 5. Need connections from neighborhoods to and throughout Downtown 6. Desire for access to water or paddling trails 7. Need for better communication regarding trail locations 8. Desire for more nature -centered activities INVENTORY The Anna trail system contains approximately 4-5 miles of trails. Most of the trails in Anna are constructed of 8' to 10 foot wide reinforced concrete, although some are soft surface trails. The majority of the trails in Anna are loop trails located within parks. �i �Ee 32 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� VAN ALSTYNE rrw 7wwt i 7 MLA �� WESTON PRE L LS ti,A -10- ----la terra studio - Legend TRENTON Region ETJ 0 Study ArealGity Limits 1� Pubim Park 4',TMINSTER Private Park Future Park Forest • Ftoodplain School .. Existing Trail Future Trail Future Paddle Trail Water f — Stream wmer m.w�wx BLUE RIDGE TRAILS & SIDEWALKS ANNA 2050 PARKS MASTER PLAN TRAIL TYPES In order to plan for a connected system of trails to serve Anna neighbors and visitors in the future, the following system guidelines were developed. Trails within the city of Anna should follow general AASHTO (American Association of State Highway and Transportation Officials) safety guidelines for trail construction and layout. Sidewalks: 5'- 8' Concrete These local neighborhood walkways typically accompany the system of adjacent neighborhood streets, connecting into larger street networks. They link neighborhood blocks and communities together and ultimately provide connection into more significant trails. Neighborhood sidewalks typically range from 4 feet to 6 feet in width. At locations where sidewalks connect to the trail system, a 5-foot minimum walkway is recommended. f 5'• S'•f' J••Y: ;,"Hot" FFRN &d Figure 3.2 - Sidewalks Soft Surface Trail: 4'- 12' Multi -Surface Trail In wooded areas or areas of specific natural significance to the city, either soft surface, hard surface trails or a combination may be used depending on surrounding conditions and expected usage. These trails should connect into the community -wide trail system and provide access to special outdoor spaces. TY4'S ri {roca - fr4hrried Section Fra7irrtd Figure 3. - Typical Cross Section Regional Veloweb: 12' Concrete Trail The purpose of this type of trail, which is defined and recognized by the North Central Texas Council of Governments (NCTCOG), is to provide regional and interregional routes. NCTCOG describes the Veloweb as "a 644 -mile interconnected network of off-street trails designed to provide safe, efficient mobility to pedestrians and cyclists." The intention of the Veloweb in Anna is to provide access throughout the city, to destinations in adjacent communities and, ultimately, to connect to the DFW metro area. Trails designated as part of the regional Veloweb should be concrete and a minimum of 12 feet in width. Anna is at the northernmost end of the study area for the Regional Veloweb in Collin County. Two routes are identified in the NCTGOG 2045 Mobility Plan. A north -south route approximately 1/2 mile east of US 75. This route runs parallel to the highway following Slayter Creek to Baldwin Park, Natural Springs Park and then tying into the existing Slayter Creek Trail to the north. Some portions of this alignment exist, mainly within the existing parks. This trail will eventually continue south and tie into connections planned in Melissa, linking Anna along the US 75 and DART rail corridor to the communities of McKinney, Fairview, Allen, Plano, Richardson and Dallas. An east -west Veloweb trail running parallel to the Collin County Outer Loop alignment is identified in the NCTCOG mobility plan. This trail should be evaluated for inclusion in the planning and design of the roadway. The Right of Way along Rosemond Parkway will provide a more centralized trail closer to existing and proposed neighborhoods. This trail will respond to the desire for future east -west connections within Anna as expressed in both the community feedback and the City Council strategic vision . Vas A_. i'-'PrNM*rt J3'Miirnux 1'x'� Plrrmrtd Figure 3.2 - Regiono; Wowveb Trod ANNA 2050 PARKS MASTER PLAN II1111111111"Bla terra Studl0 i Community Trails: 10' -12' Concrete Trail Community -wide spine trails that build from the regional Veloweb trails will create a city trail system that connects many key destinations in Anna and establishes longer distance loops. Trailheads with a variety of trail amenities will be located along these trails. Community -wide spine trails should be constructed of concrete. They are typically 10 feet in width to accommodate a higher user capacity. In some segments, where a significant volume of users is anticipated, they may be up to 12 feet wide. The Trail Master Plan map identifies many opportunities throughout Anna for additional community trails. The alignments are conceptual in nature and should be explored in greater detail as development proposals occur. RrrrrM Figure 3.2 - Co mm unitv Trods Equestrian Trails: Varied Widths and Surfaces + Single -tread trails reserved exclusively for horses and mules —also called bridle trails, bridle paths, or bridleways in urban settings —are uncommon in the United States. Most public trails are designated for shared use, although there may be instances where a trail is not appropriate or safe for all users —for example, a narrow and winding recreation trail with a steep dropoff. Specific Equestrian trails are not identified on the trail master plan at this time. As Anna begin to develop more county land and expand the core of the city an equestrian only trail should be identified to provide a safe place to enjoy horseback riding. MII51a terra studio Paddle Trail: As defined in the Collin County Regional Trails Master Plan (CCRTMP), a paddle trail is a very specialized type of facility and very cost-effective / for the recreational opportunities it provides. A paddling trail requires very little capital investment compared to other facility types and almost no operational costs. The elements needed in order to develop a water way / into a paddling trail include mile markers (which aid emergency responders) and put-in/take-out locations, which are the riparian version of a trailhead. / These facilities should be located at areas with relatively flat riverbanks, which extend into somewhat shallow water, and must have easy access to / a roadway. Put-in/Take-out locations must include parking areas (paved or unpaved), drinking water sources and information kiosks to warn canoers j and kayakers of potential hazards on the river. , Sister Grove Creek is identified in the CCRTMP as an approximately 26-mile j paddle trail opportunity, stretching from FM 2862 in the Anna ETJ to Twin Groves Park on the shores of Lake Lavon near Princeton. Eight put-in/take- out locations have been identified along the paddle trail, the first four within or adjacent to the Anna ETJ. This trail will offer 9 miles of paddling to Anna neighbors and a larger regional population; it will extend several miles south of Anna. ANNA 2050 PARKS MASTER PLAN The following pages present alignment studies for four priority trail alignments that should be considered in the near future Oak Hollow to Baldwin JJJJJJ ' � J J J J J J J J J J r J J • J J J � J � J 1JJ-jJJJ��' ANNA 2050 PARKS MASTER PLAN Neighborhoods to Downtown Existing Trail ■ Study Area mmmm Proposed Trail ----la terra studio C 44Pk* ;L . Pit .N1r... - w wh�c�• s:,,��+++++rfa ter♦ a � L 1 �i tl • 1 ■ 0 TRAIL AND SIDEWALK STRATEGIES To realize the Trail and Sidewalk strategy for Anna, the following Action Items should be implemented: Action 10. Trail Opportunities Explore additional areas for trails through wooded and riparian corridor areas. Action 11. Rail and Utility Corridors. Convert underutilized rail and utility corridors for use as passive recreation amenities, where possible. Action 12. New Connections. Install additional trail and sidewalk connections utilizing the Capital Improvements Program and grants funding when available. Action 13. Missing Segments. Complete missing trail segments and locate sources for funding, in addition to the Park Development Fund, for the construction of these sections to improve network connectivity and provide links to key destinations in Anna and adjacent cities. Action 14. Connections to Other Networks. Designate connections into the regional Veloweb, Collin County Trail System and adjacent city systems Action 15. Paddle Trail. Engage in planning and design of put in/ take out points on Sister -Grove Creek presented in this plan and the CCRTMP. Action 16. Review and Update. Conduct a regular review of the Trail Master Plan to determine whether it meets the needs and priorities of Anna neighbors and businesses as development continues to occur; update the plan as needed. Action 17. Funding Assistance. Apply for funding through the Collin County Parks and Open Space Project Funding Assistance Program for pedestrian and paddle trail improvements in this plan. Action 18. Trail Surface Options. Develop a hierarchy of trail surface options for context -sensitive use, such as soft -surface trails in wooded areas and wide, concrete surfaces for off-street, multi -use trails, and equestrian only trails. Action 19. Trail Amenities. Develop a palette of trail amenities, such as mile markers, parking, restrooms and directional signage pedestrian -scaled lighting, restrooms and security/safety enhancements for construction/ installation alongAnna trails. Action 20. Trail Signage/Exhibits. Provide interpretive and/or educational trail exhibits along select trails to acknowledge the cultural and historical significance of an area. Action 21. Communication. Develop an active plan for communicating with parks and recreation users that utilizes online maps and tools, social media presence and other techniques to inform the community of facility improvements and to develop community support for parks, trails and open space plans. ANNA 2050 PARKS MASTER PLAN \\\7�� !110ala terra Studio t4 Or ay Al .: aw -- .�-- - �: , ti 0 The City of Anna currently has limited facilities to support recreation programs and services other than athletic fields and passive use parks. As a result, the community is also heavily dependent on the use of Anna ISD gyms and athletic fields for sports programs. The City will need to determine its overall philosophy and level of commitment regarding the provision of parks and recreation facilities and how these views will impact the delivery of future recreation services and facilities to Anna neighbors. FUTURE ACTIVE RECREATION FACILITIES RECOMMENDATIONS The City will need to consider how best to deliver active recreation facilities to its citizens in the future. Facilities of this type are expensive to build and operate, so making informed decisions that are not only in the best interest of the citizens of Anna, but are also financially sustainable, will be critical. There are three basic options that could be considered for the future development of active recreation facilities: + Citywide — Major facilities, such as community centers, pools and sports complexes, are provided on a citywide basis with one primary, centrally -located facility that meets the needs of the entire community. These facilities are large and serve a greater population base. This is the most financially viable of the three options, but requires community members to travel to a single location for most services. This does not work particularly well for a community with distinct geographic areas or where the population is spread out across a large area. + Multiple Facilities — Facilities are developed on a more neighborhood/ geographical oriented basis in strategically selected areas of the community. These facilities are likely smaller and less comprehensive, but meet the needs of the distinct areas of the community they serve. This is a more expensive approach compared to the option of a single facility, with greater capital and operating costs, but dispersing multiple facilities throughout the community makes them more accessible to residents. + Combination — With this option, there is a blending of the two alternatives noted above. Larger, more comprehensive facilities are built for use on a citywide basis, while some version of the same amenities is provided on a more neighborhood/geographical basis at various locations throughout the community. Capital and operating costs fall somewhere between the costs of the other two options, but overall, the community is better served. ANNA 2050 PARKS MASTER PLAN The combination option described above is the one recommended for adoption by the City of Anna as a strategy for delivering active recreation facilities in the future. These facilities should include: One citywide sports complex with neighborhood/geographical-based athletic fields to augment the complex One citywide recreation center and indoor aquatic center One citywide aquatic center with neighborhood/geographical-based splash pads Amenities such as a racquet center and disc golf course would be citywide facilities but could also include neighborhood/geographical- based racquet courts Special use development pads would be for citywide use Note: This is based on a Anna population of up to 50,000. Beyond this threshold, additional citywide amenities may be necessary. .7Eeia terra studio Sports Complex Despite the presence of a number of athletic fields at existing parks and schools, there is not a citywide sports complex to serve as a central location for community youth sports competition and tournaments. When a sports complex is developed, its primary purpose should be to serve the ongoing sports needs of Anna, with a secondary concern being tournaments. The fact that there are many other sports complexes in the North Dallas Metroplex will limit the City's ability to attract outside users and tournaments. Based on input from the Anna Sports Group and north Texas sports trends, the complex should include: + Rectangular fields — 10 full-sized soccer/football/lacrosse fields which can be broken into smaller fields for younger age groups. All fields will need to be lighted and have at least some bleacher seating. These fields could be used for some adult sports, but as a lower priority. + Rectangular fields concession complex — At least one concession building with covered seating area and restrooms. + Diamond fields — 8 baseball/softball fields (in two wagon wheel configurations) with the flexibility to adjust outfield distances. All fields will need to be lighted and have bleacher seating. Designated warm- up areas will be needed, along with possible batting tunnels. Ideally, the fields should be adaptable for use by adult softball leagues and tournaments as well. + Diamond fields concession/press box — A concession area with a shaded seating area and restrooms with a central press box upstairs in the center of each wagon wheel. + Event area —An area within the sports complex where community events and festivals could be held. This would require a significant open park area where pop-up canopies could be erected or larger event tents, food trucks or other activities could be located. This could also be the site of a farmers market. This area of the park would require significant on -site parking or the ability to access other sports park parking locations in close proximity. There will also need to be lighting, significant electrical power, restrooms and/or pads for portable toilets. There may need to be a permanent stage/amphitheater area. This would require at least 10 acres of park area and could require as much as 15 acres. + General recreation area — A combination of open play areas, two to three pavilions and a significant shaded playground. This area could be utilized by the general community when the sports complex is not in use and also by parents and siblings of players there for practices, M!!!I<ia terra studio games or a tournament. There should also be a perimeter paved trail and additional open play areas. An outdoor aquatic center could also be part of this facility. + Park maintenance yard and office —A central maintenance yard that is large enough to service the complex at full buildout, including a park management and maintenance office. Approximate Sports Complex size: 75-100 acres of land area to support the fields and necessary support amenities, including parking Estimated Capital Cost for a Sports Complex - Approximately $15-$20 Million Estimated Operations Costs and Revenues for a Sports Complex - Will have an annual operational subsidy requirement of $500,000 to $750,000. Later phases of the complex should allow for the addition of more rectangular fields and diamond fields. This sports park would not replace the existing athletic fields in Anna, as those will still provide important locations for neighborhood -based practices and games. ANNA 2050 PARKS MASTER PLAN Recreation Center Over the last 20+ years, many communities in Texas have committed to building large, community -wide, multigenerational recreation centers for their residents. This is a cost-effective way to provide a broad range of recreation programs and services to people of all ages. Anna should plan to develop a full -service multigenerational center such as this in a central location in the community. This was one of the top priorities identified by the public in their input on future facility needs. The following are brief descriptions of the space and square footage estimates for key amenities that could be included in a recreation center. + Gymnasium —A space that is approximately 8,500 square feet in size and divisible into two gym areas (each with a 72' by 42' basketball court) with a full-sized high school basketball court going the other direction. This would also support two full-sized volleyball courts or four pickleball courts. The gym should be flexible enough to accommodate a variety of sports, including basketball, volleyball and pickleball, and tip -and - roll bleacher seating should be provided. A large storage area would need to be attached to this space. + Weight/Cardio space — An area of approximately 3,000 square feet that includes a stretching area, free weights, selectorized machines (resistance machines regulated by moving a pin or lever) and cardiovascular equipment. A small storage area should also be attached. + Multi -Purpose room(s) - A space of approximately 2,000 SF that can be used for events, classes, and meetings. This space should be divisible into two smaller rooms. A storage area must be attached to this space. Having an outdoor covered patio area that is accessible from the community rooms would enhance the space. + Group exercise room — A space of approximately 2,000 square feet that can be used for fitness, martial arts or fitness classes. A storage area should be available from this room. + Prep/Catering kitchen — A prep kitchen, approximately 350 square feet in size, that is attached to the multipurpose room and has outside access for catering. + Support spaces — There must be sufficient space and resources allocated for: Lobby and support spaces Front desk Office space Restrooms Maintenance work area Custodial closets Vending Locker rooms Approximate Center Size: 25,500 square feet Estimated Capital Cost for a Recreation Center- $15,000,000 to $20,000,000 based on 2023 construction. Estimated Operations Costs and Revenues for a Recreation Center - Will have an annual operational subsidy requirement of $300,000 to $500,000. This program narrative must be reviewed and updated by an architect and this information utilized to develop a more detailed program plan that identifies specific spaces and their appropriate size. It is critical that the center be organized with a central entry area/point of control. There must be a clear separation between the active, fee -for - use portions of the building and the passive elements. Emphasis should be placed on providing flexible and versatile space that can meet a variety of needs and avoiding the temptation to dedicate space to certain user groups. Providing adequate parking for the center will also be important. The building should be designed for expansion since additional amenities (indoor and/or outdoor aquatics, for example) will be necessary over time, and some existing spaces may need to be expanded (gym, weight/cardio area, multipurpose rooms). Determining the proper site for this citywide center will be very important, and the chosen location must be adequate in size to support the building and the required parking. �i �Ee 42 ANNA 205O PARKS MASTER PLAN �...ia terra studio \� Outdoor Aquatic Center Although not ranked as highly as a sports complex or recreation center, Anna should consider planning for the development of a comprehensive outdoor aquatic center that serves the entire community in a central location. The aquatic center must have elements that are different than those found at HOA or backyard pools. Ideally, this facility should be located in conjunction with the recreation center, but it could be part of the sports complex or a separate facility elsewhere in the community. Aquatic needs that must be served include: • All age groups • Recreational swimming • Instructional programming • Fitness/Lap swimming • Competitive swimming Outdoor Aquatic Center amenities could include: + Recreational pool — A pool with a zero -depth entry and play structure, lazy river, two to three lap lanes, slide and other interactive amenities. This pool would also support swim lessons, aquatic exercise and water walking opportunities. Approximately 6,000 square feet of water surface area would be required. + 25-Yard Competitive/Lap/Program pool — An 8-lane by 25-yard pool tank that would allow for short -course swim team training (10 lanes) and competition. This pool would be heated so that the tank could be open for an extended season or year-round. + Bathhouse — An entry and front desk area, aquatic center manager's office, lifeguard/first aid room, small meeting/party room and men's and women's changing/shower rooms (including unisex changing/ shower rooms). This building will also need to include a storage room and a concession area with covered seating. Approximately 6,500 square feet. + Mechanical/Filter building —A building that houses the pools pumps, filters and chemical rooms for the operation of the pools themselves. Approximately 2,500 square feet. Approximate Outdoor Aquatic Center Size :XXX Estimated Capital Cost for an Outdoor Aquatic Center — $5-$8 million Estimated Operations Costs and Revenues for an Outdoor Aquatic Center — Will have an annual operational subsidy requirement of $0 to $300,000. M!!!I<ia terra studio The pool area will also need to have adequate deck space, pavilions (at least four), covered spectator bleacher seating for the competitive pool and extensive grass and landscaped areas. Some of the pavilions should be located in an area where they can serve larger groups and events. This program narrative will need to be reviewed and updated by an aquatic consultant and architect and this information utilized to develop a more detailed program plan that identifies specific elements of the aquatic center and their appropriate size. Determining the proper site for the aquatic center will be important. It must be adequate in size to support the center as well as the required parking. This facility could be located adjacent to the recreation center. Future consideration should be given to developing splash pads in select community parks to augment the main aquatic center, and at some point in the future, the City may need to consider an indoor aquatic center, which should be built as an addition to the recreation center. ANNA 2050 PARKS MASTER PLAN Other Facilities In addition to the amenities noted above, there are a number of other possible facilities that the City should consider as part of a program of future parks and recreation upgrades and enhancements. + Racquet Sports Center — With the continued growth in the popularity of pickleball, communities are developing dedicated pickleball complexes with multiple courts. Combining this with tennis courts to make a racquet sports center is often a more cost-effective way to serve the needs of two different racquet sports at the same location. Developing a racquet sports center that has 8 tennis courts and 12 pickleball courts, all lighted, with a central restroom/concession/office area should be considered as a first phase, with the ability to add courts for each sport in the future. With the concept of having a single racquet sports center for the city, this facility would ideally be constructed in a central location in the community. + Concrete Skate Park — Skateboarding is experiencing a strong renaissance. In terms of the growth of participants and equipment sales, it consistently outperforms traditional team sports such as baseball and football. Communities have noticed this trend and have begun building high -quality public skate parks with a new vison. Skaters prefer the smooth concrete surfaces, seamless transitions and flexible designs that provide a much higher quality riding experience than with modular equipment. A well -designed concrete park will also continue to challenge users as they become more skilled. + Special Use Development Pad — One of the newer concepts being utilized for the development of unique sports or recreation amenities (BMX, pump track, bike park, fitness groups, RC parks for remote control cars and airplanes, etc.) is having the City designate spaces or pads in a newer or undeveloped park for development and operation for operation of these types of facilities by an outside organization or private entity. These groups lease the ground at a much reduced rate and/or pay a percentage of gross revenues to the City, and they are responsible for the construction and operation of the sports amenity (within specific criteria established by the City). This is a way to meet more specific and varied recreational needs in the community without the City having to bear the expense for providing the facility and service. Partnering with a 3rd party sports organization to develop an indoor youth sports facility could also be considered in this category. These types of organizations have partnered with a number of cities on the north side of the Dallas Metroplex to build similar facilities. + School Facilities — The City should continue to partner with the Anna ISD on future school sites to provide community access to gymnasiums and other school spaces that can be utilized for public recreation purposes. This should include athletic fields as well. �i �Ee 44 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� Facilities Strategies To realize the Facilities direction for Anna, the following strategies should be implemented: + Action 22. Priorities. Establish priorities for citywide facility development. + Action 23. Site and Infrastructure Improvements. Determine site and infrastructure improvements required for the development of the prioritized projects. + P Incentives. Establish development incentives for the construction of new recreation facilities. + Action 25 Feasibility Studies. Complete feasibility studies for each major facility. + Action 246 Partnerships. Determine possible project development partners. + Action 27. Funding. Determine funding mechanism for capital development and operations. M!"Bla terra studio lw i �.. y g. ,:... .. - ' .. ._ .. `4`. .`:}' E P.: y•��/� '�n •_•`�� . 'l'x'T ��` y ,xy ��T t i F��' "� 44 51 Rlf .!�. r•�;. }s;:' •i'r '.s yY,�� f.'• `i. 'y"`'-�r:i•y': 1.. 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Recreational Programing STATUS OF EXISTING RECREATION PROGRAMS AND SERVICES With limited facilities and staff, the City of Anna does not currently offer ongoing recreation programs and services. A few citywide special events are conducted annually, but residents are reliant on other providers for recreation services, many of which are located outside of Anna. The following are some of the primary organizations providing recreation activities within Anna Anna Sports Group — Coordinates and provides youth programs in the following sports: + Football (tackle, flag, and flex) — Tackle run by Texoma Youth Football League, flag by City of Celina. + Baseball — Run by Little Elm United States Specialty Sports Association (USSSA) + Girls softball - Run by Little Elm USSSA + Basketball — Run by Frisco Fieldhouse + Volleyball Run by Frisco Fieldhouse + Cheerleading + Indoor soccer — Run by Plano Sports Authority Most of the facilities and activities available to Anna neighbors are located outside of the city and the number of organizations providing these services, listed below, is very small. Youth soccer is not currently offered in the community. Eagles Wings Athletics — Gymnastics and tumbling. Anytime Fitness — Adult fitness programs Workout Anytime Adult fitness programs The Zoo Health Club Adult fitness programs Collin County Adventure Camp - Youth outdoor learning ANNA 2050 PARKS MASTER PLAN NATIONAL PROGRAMMING CATEGORIES The categories below represent the major areas of recreation programs commonly found in parks and recreation agencies nationally. The City of Anna does not have to be the actual provider of programs in each of these categories, but programming should be available through some provider (public, private, or non-profit) as the city continues to grow. Area A.- Focus General Description Youth Team and individual sports, including Sports camps, clinics and tournaments; also Adult includes adventure/non- traditional sports Youth Group fitness classes, Fitness personal training, Adult education and nutrition Youth Performing arts classes, Cultural Arts visual arts classes, music/video production Adult and arts events Youth Learn -to -swim classes, aqua exercise classes, competitive Aquatics swimming/diving, SCUBA and other Adult programs (synchronized swimming, water polo, etc.) Before- and after - Youth school programs, summer/school break camps and preschool Youth Language programs, Education tutoring, science (STEM) classes, computer and Adult financial planning General Interest Youth Personal development Adult classes 01.1.e1a terra studio e Focus r ral Description 4J Youth Programs for those with Special Needs different physical and mental abilities; also, Adult inclusion programs Citywide special events Special Events that are conducted throughout the year Youth Environmental Outdoor Recreation education, hiking, camping, kayaking and Adult other activities Programs and services that are dedicated to serving the needs of Seniors seniors; can include most of the activity areas noted above plus social service functions Programs and services that are focused on Teens serving the needs of teens; can include most of the activity areas noted M!"Bia terra studio Youth Includes the opportunities for individuals to recreate on their own; can include activities such as open gym, use of Self -Directed weight/cardio space Adult and lap/recreational swimming; though not an organized program, time and space must be allocated for this purpose Can include nutrition Social and feeding programs, Services job training, life skills training and other activities, such as health screenings j ANNA 2050 PARKS MASTER PLAN RECREATION PROGRAMMING TRENDS It is important to understand some of the national and regional trends in recreation programming over the last 10 years. Each community is unique, however, and this has a strong bearing on trends and other operational factors. The following are some general summaries of recreation participation statistics from a variety of sources. National Sporting Goods Association (NSGA) - Their annual survey (2020) indicates the ranking of the top 10 sports activities nationally as well as the level of participation. Sports Participation Ranking in 2020 Sport National Rank* 1 National Participation (in millions) 106.5 Exercise Walking Exercising w/ Equipment 2 58.3 Hiking 3 48.1 Swimming 4 48.0 Aerobic Exercising 5 47.4 Running/Jogging 6 46.0 Camping 7 40.7 Workout @ Club 8 39.6 Weightlifting 9 37.8 Bicycle Riding 10 37.8 It is important to note that the top ten activities are dominated by fitness related activities and outdoor recreation pursuits. *This rank is based upon the 57 activities reported on by NSGA in their 2019 survey instrument. The NSGA also lists a number of sports activities and the percentage of growth or decline that each has experienced nationally over the last ten years (2010-2019). ANNA 2050 PARKS MASTER PLAN \\\,\7m Sports Activity Participation Changes Over Time 10.7 90.9% Kayaking 5.6 Yoga 20.2 31.8 57.6% Running/Jogging 35.5 46.0 29.7% Gymnastics 4.8 5.9 23.8% Aerobic Exercising 38.5 47.4 23.2% Weightlifting 31.5 37.8 20.0% Cheerleading 0.0 3.7 18.0% Wrestling 2.9 3.3 15.0% Exercise I 95.8 106.5 11.2% Workout @ Club I 36.3 39.6 I 9.1% Lacrosse 2.6 2.8 7.5% Pilates 5.5 5.9 7.1% Exercising w/ Equipment 55.3 58.3 5.5% Ice/Figure Skating 8.2 8.6 5.3% Soccer 13.5 14.2 5.2% Volleyball 10.6 10.6 0.2% Hockey (ice) 3.3 3.3 0.0% Tennis 12.3 12.2 -0.6% Baseball 12.5 12.2 -2.0% Football (flag) 0.0 6.5 -2.9% Football (touch) 0.0 8.9 -4.0% Bicycle Riding 39.8 37.8 -5.1% Martial Arts / MMA 0.0 6.0 -5.8% Basketball 26.9 25.2 -6.2% Softball 10.8 10.1 -6.8% Swimming 51.9 48.0 -7.4% Golf 21.9 17.9 -18.3% Football (tackle) 9.3 7.3 -21.3% Mountain Biking (off road) 7.2 5.6 -21.7% Table Tennis/Ping Pong 12.8 9.9 -22.4% ----la terra Studio Over the last 10 years key areas of program growth have occurred in fitness related activities and team sports such as cheerleading, wrestling, lacrosse, soccer, and volleyball. Many of the declines in participation are related to traditional team sports such as baseball, football, basketball, and softball. Sports & Fitness Industry Association (SFIA) - Their 2021 Sports, Fitness and Leisure Activities Top -Line Participation Report indicated the rate of participation by major sports activity categories over the last 6 years. Percentage of Participation Comparisons Category Fitness Sports 61.9% 67.0% Outdoor Sports 48.4% 52.9% Individual Sports 47.7% 43.3% Team Sports 22.6% 22.1 % Water Sports 14.5% 13.7% Racquet Sports 13.1% 13.9% Winter Sports 7.8% 8.3% Fitness related sports continues to be the most popular activity category and has shown the greatest increase over the last five years. Outdoor sports, racquet sports and winter sports have all seen an increase as well. Individual sports, team sports, and water sports have all seen a decrease in participation. Much of the participation data has been affected by COVID-19 during 2020. Key impacts include: Fitness activities that require amenities typically found in fitness clubs (group exercise, stationary cycling, cross -training, aqua exercise, etc.) decreased in numbers. Fitness activities that require limited equipment and do not require a fitness center (running/jogging, free weights, and yoga) showed the greatest increases. Outdoor activities that experienced large increases were road biking, skateboarding, and surfing. Team sports had a mixed impact with basketball and soccer having increases (mostly attributed to pick-up play) while volleyball, swimming on a team, gymnastics and cheerleading all had decreases. Top Activities with Intent to Participate by Age Basketball Basketball Running/Jogging Camping Soccer Fishing Yoga Swimming for Fitness Fishing Running/Jogging Hiking Bicycling Camping Camping Workout w/ Weights Fishing Baseball Hiking Cardio Fitness Kayaking Hiking Workout w/ Weights Workout w/ Machines Volleyball Tennis Soccer Basketball Canoeing Swimming for Fitness Tennis Camping Backpacking Running/Jogging Workout w/ Machines Fishing Workout w/ Weights Golf Baseball Swimming for Fitness Hiking Hiking Hiking Hiking Fishing Yoga Fishing Fishing Swimming for Fitness Camping Workout w/ Workout w/ Bicycling Weights Weights Cardio Fitness Camping Workout w/ Birdwatching/ Machines Wildlife Workout w/ Cardio Fitness Cardio Fitness Workout w/ Weights Machines Running/Jogging Yoga Camping Hiking Fishing Workout w/ Swimming for Camping Machines Fitness Workout w/ Running/Jogging Yoga Workout w/ Machines Weights Swimming for Swimming for Golf Fitness Classes Fitness Fitness Basketball Bicycling I Running/Jogging I Shooting MI-121a terra studio7 ANNA 2050 PARKS MASTER PLAN 51 The most popular activities that all age groups intend to participate in are generally fitness or outdoor recreation related. Outdoor Foundation - The 2020 Outdoor Participation Report indicates the most popular outdoor activities by rate of participation. \ Activity Percentage Americans National Participation (in millions) unning, Jogging, & 20.2% 61.0 rail Running reshwater, Saltwater, 16.6% 50.2 Flyfishing iking 16.4% 49.7 oad Biking, Mountain 16.1% 48.9 iking, & BMX ar, Backyard, 13.8% 41.8 ackpacking & RV amping The rate of participation in outdoor activities increased by 1.2% over the last three years but decreased by youth (at least 4%) in 2019. Growth in participation was highest among adults who have children in their household. ANNA 2050 PARKS MASTER PLAN National Endowment for the Arts (NEA) - The NEA provides insight into how Americans are spending their time with art and art -like activities. The Survey of Public Participation in the Arts (SPPA) is the nation's largest, most representative survey of adult patterns of arts participation in the United States. The NEA completes its survey on only an occasional basis with the last three years being 2008, 2012 and 2017. Percentage of American Adults Who Made Art in the Last 12 Months (2017) S" Percentag IM Any Art 54% Performing Arts 40% Visual Arts 33% Creative Writing I 7% Percentage of American Adults Who Did Visual Arts (2017) Taking Photographs 14% Painting, Drawing, Sculpting, or Making Prints 13% Weaving, Crocheting, Quilting, Needleworking, Knitting or Sewi 12% Editing Photographs 10% Doing Scrapbooking, Origami, or Other Paper -Based Art 7% Doing Leatherwork, Metalwork, or Woodwork 7% Creating Films or Videos 5% Making Pottery, Ceramics, or Jewelry 4% Designing or Creating Animations, Digital Art, Computer Graphics or Video Games 3% ----la terra Studio Percentage of Adults Who Took Formal Art Lessons or Classes in Past 12 Months (2017) Any Type of Art 9.5% Visual Arts 3.6% Music 2.7% Art History or Appreciation 2.1% Dance 1.9% Creative Writing 1.7% Computer Animation or Digital Art 1.8% Photography or Filmmaking 1.6% Acting or Theatre 0.6% Percentage of Adults Who Took Informal Art Lessons or Classes in Past 12 Months (2017) M:Jft-r--L- LiPOF-I Any Type of Art 17.2% Music 10.3% Visual Arts 6.3% Photography or Filmmaking 5.3% Art History or Appreciation 4.9% Dance 3.5% Creative Writing 3.1% Acting or Theatre 1.8% Computer Animation or Digital Art N/A ----la terra Studid- National Recreation and Park Association (NRPA) — NRPA's 2020 Agency Performance Review document has specific information on programming that is offered by park and recreation agencies nationally. Themed Special Events 88% Team Sports 87% Social Recreation Events 87% Fitness Enhancement Classes 82% Health & Wellness Education 81% Individual Sports 74% Safety Training 72% Aquatics 71% Racquet Sports 67% Performing Arts 64% Trips and Tours 63% Cultural Crafts 61% Martial Arts 60% Visual Arts 59% Natural and Cultural History Activities 59% Golf 47% Running/Cycling Races 35% j ANNA 2050 PARKS MASTER PLAN UEE7 Recreation Management Magazine - Annually the magazine prints their State of the Industry Report that examines trends in parks and recreation. Their 2020 report indicated the following as it relates to recreation programs and services. Most Commonly Planned Program Additions in 2020 1. Environmental Education Programs 2. Teen Programming 3. Fitness Programs 4. Group Exercise Programs 5. Day Camps and Summer Camps 6. Mind -Body Balance Programs (Yoga) 7. Active Older Adults Programs 8. Arts & Crafts Programs 9. Special Needs Programs 10. Performing Arts Programs There is a wide range of program areas that public parks and recreation agencies planned to add in 2020. Activities Undertaken as a Result of Covide-19 by Percentage of Agencies On-line Fitness/Wellness Programs 55.3% Programs to Address Food Insecurity 33.5% Educational Support to Out -of- School Children 21.1% Childcare for Essential Workers 17.6% Convert Facilities for Healthcare Use 10.6% Support/Outreach for College Students 3.9% It is important to note that most of these activities are more social service oriented rather than traditional recreation services. Beyond the pandemic, this could indicate a shift in the types of services that public parks and recreation agencies will be expected to provide for their population. Area Sports .-Programs Youth lacrosse Adult soccer Adult cricket Youth and adult rugby Pickleball Youth camps and clinics Individual sports (fencing) Adventure/Non-traditional (BMX, mountain biking, disc golf, ultimate Frisbee) E-sports competitions and tournaments Youth sports specific training Fitness/Wellness Functional training classes Personal/Small group training Yoga Nutrition/Cooking Healthy lifestyle education Cultural Arts Music production for youth Digital media Youth Before- and after -school programs at recreation centers, specialty summer camps Education Camps ANNA 2050 PARKS MASTER PLAN ----la terra Studio Area Seniors .-Programs Fitness/Wellness Sports (pickleball) Baby Boomer -focused activities Aquatics Therapy Triathlon training General Interest Personal Finance Cooking Youth Before- and after -school programs at recreation centers, specialty summer camps Special Events Health and wellness Community -Wide Events Other Virtual programming M11Eeia terra studio OTHER PROGRAMMING TRENDS Other trends of note in the area of recreational programming are described briefly below. Recreation departments now often serve as coordinating agencies and clearinghouses for multiple recreation organizations and providers. This is done in an effort to bring a comprehensive scope of recreation programs to a community. This trend has increased the number of partnerships that have been established to deliver a broader base of programs in a more cost-effective manner. There is a greater emphasis on the fee -for -service concept, especially for more specialized programming. Programming continues to emphasize the needs of youth and seniors, but has also begun to focus more on adults and the family unit. Specific programming development trends include: • Virtual programming that will remain even after the COVID crises has passed • Developing programs that are single -day or no more than four sessions in length • Developing programs for youth during non -school days, Christmas break, Spring Break and any other extended breaks • Offering a variety of summer camps with different areas of interest • Providing more Saturday programs and introducing some Sunday programming (especially in adult sports leagues) • Offering senior programming that occurs in the evening or on weekends to appeal to seniors who are still in the work force • Introducing programs that are oriented toward specific ethnic groups • Developing a baseline of programs that appeal to the family unit • Staggering the days and times of similar programs offered at multiple locations • Providing more drop -in, pay-as-you-go fitness class options • Expanding senior programming to include a greater focus on active seniors, which often means programs and services that are available in the evenings and on weekends and those that have a more active orientation ANNA 2050 PARKS MASTER PLAN 55 OTHER PROGRAMMING TRENDS Other trends of note in the area of recreational programming are described briefly below. Recreation departments now often serve as coordinating agencies and clearinghouses for multiple recreation organizations and providers. This is done in an effort to bring a comprehensive scope of recreation programs to a community. This trend has increased the number of partnerships that have been established to deliver a broader base of programs in a more cost-effective manner. There is a greater emphasis on the fee -for -service concept, especially for more specialized programming. Programming continues to emphasize the needs of youth and seniors, but has also begun to focus more on adults and the family unit. Specific programming development trends include: • Virtual programming that will remain even after the COVID crises has passed • Developing programs that are single -day or no more than four sessions in length • Developing programs for youth during non -school days, Christmas break, Spring Break and any other extended breaks • Offering a variety of summer camps with different areas of interest • Providing more Saturday programs and introducing some Sunday programming (especially in adult sports leagues) • Offering senior programming that occurs in the evening or on weekends to appeal to seniors who are still in the work force • Introducing programs that are oriented toward specific ethnic groups • Developing a baseline of programs that appeal to the family unit • Staggering the days and times of similar programs offered at multiple locations • Providing more drop -in, pay-as-you-go fitness class options • Expanding senior programming to include a greater focus on active seniors, which often means programs and services that are available in the evenings and on weekends and those that have a more active orientation There has been a concerted effort to integrate conventional recreation programming with community -based social service programs and education. Most of the social service programs are offered by other community -based agencies, and educational services are often coordinated with school districts. Program characteristics (performance measures) aretracked, including: • Program registration comparisons by year for each season • Rates of fill (especially for fee -based programming) • Participation numbers and comparisons to past years/ seasons • Rate of program cancellations (for fee -based programming) • Financial performance, including cost per participant • Evaluations from participants A life cycle analysis is completed for all programs offered by the agency. Programs are classified in three categories, and agencies strive to have program offerings distributed equally among each category. New - programs in the start-up phase that are just starting to build in popularity • Mature - programs that have consistent high levels of registrations and are still growing in popularity • Old - programs that are seeing a decline in popularity FUTURE RECREATION PROGRAMMING RECOMMENDATIONS The City of Anna has expressed a desire to begin the process of developing a Parks & Recreation department with the goal of establishing a comprehensive offering of recreation services. To begin this process, the City will need to consider: The level of financial commitment the City wants to make to providing recreation programs and services The challenges in the delivery of recreation services in a cost-effective and efficient manner with the ever-expanding level of programming that is desired by the community The areas of focus for the programming efforts based on demographics and program type The need to have parks and other facilities that support recreation programs and services; currently the City is limited to outdoor parks, 56 ANNA 2050 PARKS MASTER PLAN 0=1E:Ia terra studio \� athletic fields and Anna ISD facilities, which limits the development of many types of programs What programs and services will be provided directly by the City, which will be offered by contract providers and which will be the responsibility of other providers Developing a staffing plan and operating budget that will support the program plan Supporting recreation programs and services by established marketing efforts Establishing a program and facility fee policy Establishing basic performance measures to track recreation programming effectiveness ESTABLISH A PROGRAMMING PHILOSOPHY The Neighborhood Services Department should develop an overall basic programming philosophy with the following objectives: Provide recreation program and service opportunities to all ages, incomes, abilities, genders and ethnic groups in an equitable and inclusive manner Provide recreation program and service opportunities in areas of interest that are identified as a need in the community Partner with other providers to bring a full spectrum of recreation programs and services to the community Deliver recreation program and service offerings on a citywide or neighborhood/geographical level as appropriate Provide recreation and program service in a cost effective and efficient manner M!"Bla terra studio DEVELOP A PROGRAM PLAN Developing a program plan for the Department that includes the general direction of recreation programming for the next 5 plus years should be undertaken. This would include the following areas of programming focus: Establishing an implementation plan • Start with incremental development of programs for the first couple of years with only a few programs being directly offered by City staff • Consider contracting for the majority of programs for the first couple of years to lower the financial risk • Start with programs that can be offered in existing parks or other facilities and ones that do not require extensive equipment • Establish key performance measures to gauge program success Priorities for beginning general programming, to include: • Fitness/Wellness - starting with an outdoor orientation • Youth Sports - expanding youth sports opportunities • Youth After -School Program - utilizing schools and churches in the beginning • Seniors - utilizing city buildings or churches in the beginning • Special Events Core Programs Youth sports Secondary Programs Adult sports Programs Special needs Youth programs Cultural arts Social services Special events Teens Outdoor recreation Fitness/Wellness Aquatics Education Seniors General interest Self -directed Note: It is realized that some of these program classifications will require the development of specific facilities to serve as a delivery location for services. This would include aquatics. ANNA 2050 PARKS MASTER PLAN Priorities for demographic -specific programming, to include: • Youth - Programs that serve a variety of interest areas beyond just sports, including after -school and camps • Teens - Activities designed specifically for teens that are both organized and drop -in in nature • Seniors - Programs and services that serve a wide range of the senior age category, including an appeal to the younger more active based senior. • Intergenerational/Multigenerational -Programs and services that have an appeal to multiple generations or across generations • Ethnic -Based -Programs and services that are appropriate for the cultural orientation of the area Virtual program options in addition to traditional in -person offerings The role of other organizations and recreation providers in the area The identification of areas of programmatic responsibility to ensure that there is not overlap in resource allocation The establishment of clear staffing and operational budget requirements to support the program plan ESTABLISH A PROGRAM CLASSIFICATION SYSTEM A key aspect of developing a program plan is determining the long-term role of the City in the delivery of recreation programs and services based on three classifications. The placement of programs into these three classifications does not indicate the overall importance of these activities in the community, but rather the role of the Neighborhood Services Department in providing the programs in each of these categories. + Core Programs - programs that are a primary responsibility of the Neighborhood Services Department, to be provided as City -based activities + Secondary Programs - programs that are a lower priority, to be provided directly by the Department, but may be offered by other individuals or partner organizations through direct contract with the City + Support Programs - programs that are not a priority for the Department to be provided directly to the community but where the City may provide support through facilities and promotion of activities for other organizations. Possible Future Recreation Program Classifications (Next 5 - 10 Years)ROLE OF OTHER PROVIDERS With limited resources, the City of Anna will need to rely on other groups and organizations, especially in the short term, to provide recreation programs and services for the community. The Neighborhood Services Department will need to be a "clearinghouse" for recreation programs and services provided by others. This should involve promotion of their activities, coordinating of some programs, and permitting of facilities. However, this process needs to be closely managed to be successful. The Department will always need to be a provider of many of the facilities (especially recreation centers, pools, parks and athletic fields) for other organizations to use. Partnerships with other organizations and entities will be necessary to develop and expand recreation programs. All partnerships should be backed up by a memorandum of understanding or contract to formalize the relationship. This document should clearly identify specific roles and expectations as well as limits to facility scheduling, fees and operations. Partnerships with organizations should reflect the needs and culture of the specific markets they will be providing the services for. For partnerships to be effective, the City must: • Actively pursue and sell the benefits of the partnership • Weigh the benefits vs. the cost of the partnership • Not compromise on the original vision and mission of the Parks & Recreation Department • Establish a shared partnership vision • Expect compromises to meet different needs and expectations • Clearly define development and operations requirements Before determining which programs and services to contract or have provided by others, an assessment of the specific pros and cons of such a move needs to be completed. A major aspect of this analysis should be to determine the financial impacts and quality of the services that will be provided. Key questions to be asked include: • How does this fit with the program plan that has been developed? • Will this be the most cost-effective method for obtaining the 58 ANNA 2050 PARKS MASTER PLAN 0=1E:Ia terra studio \� program, service or function? • Does the Department have the resources and equipment to provide the program, service or function? • Will the quality of the program, service or function suffer if it is contracted to other organizations? • Are there other more qualified organizations that should provide the program, service or function? • Is the program, service or function only available from a contract provider? • Are the safety and liability risks too high to provide the program or service in house? Other organizations that could or should provide recreation activities (or provide assistance in this effort) include: + Youth Sports Organizations - These organizations should continue to be responsible for providing a significant number of specialized team sports for youth; however, the Department will still need to provide most if not all the facilities for these activities. + Anna ISD - Coordination with the school district to provide some youth - based programs and services, education classes for youth (and even adults), as well as youth sports (location for practices and games) will need to be enhanced. The ISD's facilities should be a location for some recreation programming. Having an intergovernmental agreement (IGA) between the City and Anna ISD will ensure these arrangements for the future. + Collin County Adventure Camp Coordinate with the YMCA (the contract operator of the camp) for the delivery of outdoor recreation and education programs to the Anna community. + Other Government Organizations - There will need to be efforts to partner with other governmental agencies in the area to develop programs and services. This is most likely to occur with neighboring communities, such as McKinney, Celina, Prosper and Frisco. Program areas that could be provided by other organizations through a partnership include special events, outdoor recreation, special needs and cultural arts activities. + Non -Profit Providers - Coordinating with a variety of non- profit providers to deliver recreation services should be explored. Organizations such as the Boys & Girls Club, YMCA, sports groups, cultural arts groups, etc. should be encouraged to provide programs in Anna, and there may be opportunities to partner on programs and facilities. M!!111111la terra studio + Private Providers - There are currently not many private recreation, sports and fitness providers located within Anna (health clubs, dance, martial studios, arts studios), but these entities will develop as the community grows and could provide more specialized activities that are not easy for the public sector to conduct. They may also be able to help provide fitness and wellness services for Anna neighbors. + Faith -Based Organizations - Churches and other faith -based institutions in the community often provide recreation services for their congregations and the community. These organizations should be seen as possible providers of some basic community -based recreation services and facilities. + Medical Providers - If the City truly intends to focus on fitness and wellness in the future, a partnership with one or more medical providers will be important. + Social Service Agencies - There is a definite trend in parks and recreation departments throughout the country to integrate social services with recreation services. This is particularly true for youth, teen and senior activities. + Community Organizations - Developing working relationships with community organizations and service clubs could provide much needed support for programs as well as facilities. They could also be sponsors of events or activities. + Business and Corporate Community - It is important to approach the corporate community with a variety of sponsorship opportunities to enhance the revenue prospects of the Department's programs and facilities. ANNA 2050 PARKS MASTER PLAN OTHER SUPPORTIVE ISSUES To implement the program plan, the following will need to be considered: + Performance Measures — There needs to be a concerted effort to implement program performance metrics in the Department. These measures will need to be updated on a seasonal basis with comparisons to prior years. Recreation programming performance measures should include: • Rates of fill for programs and activities (capacity vs. actual numbers) • Participation numbers and comparisons to past years/ seasons • Rate of program cancellations (should be between 15% and 20%) • Financial performance including cost per participant • Evaluations from participants • Annual report for recreation programs and services that utilizes the same format and reporting methods for all program areas + Marketing —To maximize offerings, there needs to be a strong marketing effort to inform and promote the recreation programs and services available. This document needs to be a simple, easy to implement document that serves as a guide for specific marketing efforts. There should be a more visionary 5-year plan as well as a very specific yearly plan that outlines areas of focus, specific marketing tools and tasks as well as the staff member responsible for implementation, financial resources that are required and a thorough evaluation process. The marketing plan should focus on the following areas: • Website enhancement to better promote programs and services • The development of a 2-3 time a year program catalog • Utilizing a registration, point of sale and rental tracking software program, ultimately including on-line registration and payments for rentals and permits • Allowing credit cards to be used for any and all financial transactions with no up -charge for the service • Program options available citywide and in each facility. • Programs and services offered by other providers • Check -in with the community on a regular basis to determine satisfaction with current programs and services and to provide directions for the future + Registration Software— It is imperative that the Department purchases a registration software program that handles all program and service registrations, allows for on-line registration, point of sale, and remote on -site use. All programs (regardless if a fee is collected or not) should have all participants registered for the activity. + Fee Policy — This is a document that outlines how fees are established for facility use, programs and services and facility rentals. It should include the establishment of a fee assistance program for those that do not have the financial means to take programs or use facilities. A key aspect of a fee policy needs to be the requirement that any contract program pay at least 30% of all revenue collected back to the City. + Policies and Procedures — Having comprehensive policies in place that provide a framework for program administration, development and implementation is an important management tool. Some examples of policies could include: • The need for every new program or service to be considered based on a program proposal form to allow administrators to determine the direct cost of offering the activity as well as the minimum number of registrants needed to conduct the program. This proposal form should also evaluate the need for the program, its market focus and the ability of the new activity to support the program plan and priorities of the Department. • Follow-up when each program or service is completed, with a program report that itemizes the exact cost (and possible revenues) that were generated by the program and the number of individuals served. This will determine if the program or service met its financial goals and service goals. • All in-house programs should have strict minimum numbers of registrants that ensure enrollment, budget and revenues are adequate and the best use of space and time is being made at Department facilities. + Safety and Security — Critical to growing recreation programs and �i �Ee 60 ANNA 2050 PARKS MASTER PLAN �...ia terra studio \� services is the assurance that participants' safety and security is being addressed on an ongoing basis. This requires an emergency action plan to be in place. + Athletic Field Use - Review and update the existing athletic field use policy so that it is a more comprehensive document outlining eligibility requirements, field scheduling priorities and fees for use. It should also identify how new sports organizations are accommodated in the future, especially as new fields become available. + Evaluation and Adjustments - One of the keys to having a dynamic program plan for recreation programs and services is having an internal and external evaluation process in place. The evaluation of the overall plan, on both a citywide basis and by each facility must be outcome based. The process will need to integrate staff assessments with those of the users and the general community. The results of the evaluation process needs to be utilized to adjust the programming process as well as individual programs. + Trends Analysis - The Department should track program trends on a regional and national basis to ensure that program offerings are current and reflect new opportunities that are available. MII51a terra studio PROGRAMMING STRATEGIES To realize the Recreation Programming strategy for Anna, the following Action Items should be implemented: + Action 28. Philosophy. Establish a philosophy for recreational programming. + Action 29. Programming Plan. Develop a comprehensive programming plan that reflects community needs. + Action 30. Classification System. Adopt a program classification system. + Action 31 Other Providers. Determine the role of other providers in the overall system of Anna recreation programming. + Action 32. Partnerships. Establish programming partnerships, as necessary, to meet the desires of Anna residents. + Action 33. Staffing and Funding. Determine the staffing and financial commitment necessary to provide the desired level of recreational programming in Anna. + Action 34. Fee Policy. Develop a fee policy to address programs, activities and facilities. + Action 35. Programming Policies and Procedures. Establish programming policies and procedures. + Action 36. Marketing Plan. Develop a marketing plan to promote City recreational programming. ANNA 2050 PARKS MASTER PLAN t+". r � •Y �""'i,I � � G =� �f, -. t � , w Tyr r� i. 07 OPERATIONAL FRAMEWORK rq R Operational — Framework With a limited number of parks and recreation facilities, the current organization is limited primarily to parks maintenance with virtually no staffing for recreation programming in place other than a few special events. However, as the number of parks and recreation facilities are added and recreation programming starts to develop, the staffing requirements will grow as will the organizational structure. CURRENT OPERATIONAL FRAMEWORK The Neighborhood Services Department presently includes staffing for both recreation services and parks maintenance in its Parks and Recreation divisions. The positions and their responsibilities are: + Recreation One full-time Recreation Manager responsible for developing recreation programs and three part-time Recreation Coordinators who will implement them. There are currently no ongoing recreation services being offered by the City, so the Recreation Manager will need to begin the process of developing basic programs and services. + Parks One Parks Superintendent, one Crew Leader and six Parks Maintenance Workers responsible for maintaining the seven developed parks in the community. Most of the maintenance tasks are completed in-house; few of these tasks are contracted to outside parties. Anna's parks are generally well maintained. FUTURE OPERATIONAL FRAMEWORK Reefeallon Coordinator 4 ANNA 2050 PARKS MASTER PLAN RECOMMENDATIONS The Director of the Neighborhood Services Department (which includes the Parks and Recreation divisions) has developed a six -step staffing plan that identifies positions that will be need to be added in the coming years as the inventory of parks and other recreation facilities increases and recreation programming is developed. The six -step plan identifies the full-time positions that will be necessary to operate and manage a comprehensive Parks & Recreation Department over the next 10 years. This includes the addition of parks maintenance staff, recreation programming staff and key planning and administrative personnel. Operational Framework Goals The six steps will need to be directly connected to the development plan for new parks, facilities and recreation programs. Developing a staffing timeline will be important. Establishing an overall staffing philosophy for parks and recreation operations will be essential. This should be tied to levels of service for parks and facilities as well as for recreation programs. Providing strong administration of the department through resource allocation, performance tracking and community interface will be critical. Once the Parks and Recreation divisions become large enough in their staffing and roles, they should potentially become an independent department in the City organization (outside of Neighborhood Services). Consideration should be given to establishing a Park Ranger program at some point in the future. In a program of this type, volunteers assist park patrons with basic information, referrals to City Staff for specific needs and generally watch for issues at individual parks or facilities and report them back to the department for follow-up. At some point there may be the need for several key full-time staff rangers as well. The organizational structure must be able to grow with the Department. Within a 10-year period, the Parks & Recreation Department should pursue accreditation through NRPA's CAPRA program (Certification Accreditation of Parks and Recreation Agencies), which evaluates the overall quality of operation, management and service to the community. ----la terra Studio Organizational Framework The department organizational framework should include, at minimum, three divisions —Administration, Recreation and Parks. + Administration -This division would be responsible for the administration of the department, long-range planning, budgeting, data/ metrics tracking and business services. It would include positions such as, Director, Assistant Director, Park Planner/Development Manager, Business Manager and Administrative Assistant. + Recreation - This division would be responsible for the provision of recreation programs and services as well as the management of facilities (Recreation Center, Aquatic Center, etc.). + Parks - This division would continue to be responsible for the maintenance of all parks and trails. As more parks and facilities are developed to the City's inventory, there may need to be geographic regions established in the community. Tasks such as athletic field maintenance, irrigation, tree care, chemical spraying, etc. should be completed by citywide specialty crews. If the City decides to start a Park Ranger program, this would be a separate initiative within Parks. Operational Policies and Procedures 1111111111=111111a terra studio The department needs to make a commitment to updating the basic policies and procedures of the organization, including policies pertaining to staff/supervisor roles and responsibilities, financial transactions, customer service, safety and security and emergency action plans. There should be a comprehensive staff and operations manual for the department based on the general operations requirements of the City in general. One of the key areas of focus must be on policies and procedures that deal specifically with the safety and security of parks, facilities and programs. As a subset of this, there also needs to be a comprehensive emergency action plan for the department and any future individual facilities. Job descriptions for all full-time and part-time staff should be updated or developed to adequately reflect the actual duties of each position. These job descriptions should clearly delineate job tasks and functions as well as required education, work experience and skills necessary for the position. It is critical that the department develop a continuity plan that covers possible interruptions of operations from natural disasters, pandemics, terrorist acts or other conditions. This plan needs to outline a process for maintaining basic services associated with the maintenance and operations of parks, recreation facilities and trails as well as recreation programs and services. The department should establish goals and metrics for social equity, diversity, inclusion and accessibility for parks, facilities and recreation programs. These metrics will need to be monitored to make sure that the goals are being met. The department should continue to develop key performance measures for all aspects of operations, including recreation programs and services, facility usage and parks maintenance. An annual report needs to be completed for all aspects of the department's operation. There should be an annual report that succinctly summarizes yearly maintenance practices, financial statistics and program/facility utilization rates and compares them with previous years. Maintenance Plans and Procedures ANNA 2050 PARKS MASTER PLAN + The Parks Division needs to develop a comprehensive maintenance management plan for parks and facilities as a whole. This plan needs to include specific maintenance functions that need to occur, their frequency, method(s) for delivery, required resources and tracking of the work and budget. This plan should also have a specific focus on preventative maintenance and should include not only the growing environment, but also buildings and structures. Ideally, each major park, trail or recreation facility should have its own specific maintenance plan. + The maintenance management plan will need to take into consideration future parks and facilities which will require changes and updates to the plan. + Once the maintenance management plan is in place, the process needs to continue to develop to the next level where actual time and resource allocations are utilized to validate the planning numbers that have been used. This could take several years until enough real -world numbers are available to adjust the existing standards. From this, specific benchmark standards can be determined (cost per acre, per square foot, etc.). This will require a maintenance management software system to be in place to manage work orders and the overall process. + Develop an asset inventory within all City parks and recreation facilities with provisions for a yearly update. Consider the establishment of lifecycle cost estimates for all major capital assets in the Division. Formal park/facility inspections should be completed on a weekly basis. + Staff schedules, maintenance plans, tracking of inventories, facility inspections and actual maintenance time and materials records need to be fully automated with the ability to make entries from the field on tablets or other hand-held devices. + Critical to the long-term success of parks maintenance is a commitment to staff training and certification. Developing a formal annual training program will be essential. This should include Certified Playground Safety Inspectors (CPSI) and chemical applicators licenses OPERATIONAL FRAMEWORK STRATEGIES To establish an operational framework for the Anna Parks and Recreation divisions and a future Parks & Recreation Department, the following Action Items should be implemented: + Action 31 Commit to a funding strategy for staffing, operations and management of parks and recreation in accordance with the desired level of service. + Action 38. Establish a staffing philosophy for the Parks and Recreation divisions. + Action 39. Develop and adopt a 10-year staffing scenario that reflects new planned parks and facilities as well as recreation programs and services. + Action 40. Adopt a three -division plan within the Department that covers administration, parks, and recreation. + Action 41. Establish up-to-date department operational policies and procedures. + Action 42. Develop a parks maintenance management plan and track performance. + Action 43. Develop and/or update job descriptions for all positions. + Action 44. Establish goals and metrics for social equity, diversity and inclusion. + Action 45. Establish performance measures for parks and recreation operations and track on an annual basis. ANNA 2050 PARKS MASTER PLAN 011Ee1a terra studio os IMPLEMENTATION Implementation ACTION PLAN AND COST ESTIMATES A city cannot implement all its planned strategies and actions at one time for a number of reasons. Some will require extensive planning and may need to be coordinated with other actions or projects. Others may require financial or staff resources that are not yet available. In order to achieve the plan vision for Anna in 2050, however, all of the actions will be important. Below are matrices that encapsulate the action plans for four focus areas within the overall implementation strategy for parks and recreation —Parks and Open Space, Trails and Sidewalks, Facilities and Programming and the Operational Framework. Each matrix includes a list of actions that represents the range of tasks the City should begin to work on as soon as is feasible in order to make the best use of the time, resources and partnerships available and to build on existing community support developed through the Parks, Trails and Open Space Master Plan and Anna 2050 Comprehensive Plan processes. Each of the actions appears in one of the chapters in this document and is numbered accordingly, and each is linked to one of the Strategic Policies in Chapter 1. In addition, for each action, a potential implementation time frame (short-, mid- long-term) and an indication of estimated cost (ranging from $ -$$$$) are included in the matrix. These measures are described below. Potential Time Frame This characteristic indicates the general time frame for initiating an action, defined here relative to the date of adoption of the Anna 2050 Plan. Short Term 0-5 Years Mid-term 5-10 years Long-term More than 10 years + Estimated Cost This is a general indication of the City's level of financial responsibility for completing an item, ranging from $ (relatively low cost) to $$$$ (approximate cost in excess of $1 million). $ Up to $150,000 $$ $150,000 - $400,000 $$$ $400,00041 million $$$$ More than $1 million ANNA 2050 PARKS MASTER PLAN ----la terra Studio ACTION..... .... SPACES ActionPotential Action 1 City -Owned Properties. Expand and/or enhance City -owned park and recreation Frame Ongoing $$$ properties that have the potential to better serve the surrounding residents or that could become a wellness and enjoyment destination for the community at large. Action 2 Parkland Dedication/Fee Ordinances. Review and revise current dedication and fee Short Term $$$$ ordinances. Develop a process to review current ordinances annually Action 3 Property Acquisition. Acquire developable properties utilizing the key service criteria Ongoing $$$$ Action 4 Open Space Standards. Create standards, where appropriate, to evaluate new private Short -Term $ development proposals on their efforts to provide outdoor open space with amenities and neighborhood and/or community gathering places. Action 5 Open Space Opportunities. Evaluate alteration requests to existing buildings and sites Ongoing $ for additional open space, plaza, gathering places and/or green space. Action 6 Plan Review. Continue to Include Parks personnel on the Anna Development Review Ongoing $ Committee and review plan submittals, not only to meet specific technical requirements, but also to meet community quality of life, recreation and open space needs . Action 7 Green Infrastructure Guidelines. Develop guidelines and encourage development Short -Term $ within the city to implement green infrastructure practices, where applicable. Action 8 City Gateways and Shared Spaces Plan for and design a citywide plan to standardize Short -Term $$$ city gateways, monuments and medians to create a cohesive branded landscape throughout Anna. Action 9 Private Recreation Providers.: Engage local private recreation providers to explore Short -Term $ opportunities and partnerships in providing services. Future expansion of the parks system should also take into consideration the location of these facilities and work to not replicate services provided in the same geographic area. M.1151a terra studio j ANNA 2050 PARKS MASTER PLAN ACTION PLAN FOR TRAILS AND SIDEWALKS Policy• Potential Cost Number Frame Action 10 Trail Opportunities. Explore additional areas for trails through wooded and riparian Short- Term $$ corridor areas. Action 11 Rail and Utility Corridors. Convert underutilized rail and utility corridors for use as Mid -Term $$$ passive recreation amenities, where possible. Action 12 New Connections. Install additional trail and sidewalk connections utilizing the Capital Ongoing $$$ Improvements Program and grants funding when available. Action 13 Missing Segments Complete missing trail segments and locate sources for funding, in Short- Term $$$ addition to the Park Development Fund, for the construction of these sections to improve network connectivity and provide links to key destinations in Anna and adjacent cities. Action 14 Connections to Other Networks. Designate connections into the regional Veloweb, Mid -Term - $$$ Collin County Trail System and adjacent city systems Long Term Action 15 Paddle Trail. Engage in planning and design of put in/ take out points on Sister -Grove Mid -Term $$ Creek presented in this plan and the CCRTMP. Action 16 frail Plan Update. Conduct a regular review of the Trail Master Plan to determine whether Ongoing $ it meets the needs and priorities of Anna neighbors and businesses as development continues to occur; update the plan as needed. Action 17 Funding Assistance. Apply for funding through the Collin County Parks and Open Space Short- Term $ Project Funding Assistance Program for pedestrian and paddle trail improvements in this plan. Action 18 Trail Surface Options. Develop a hierarchy of trail surface options for context -sensitive Short- Term $ use, such as soft -surface trails in wooded areas and wide, concrete surfaces for off- street, multi -use trails, and equestrian only trails. Action 19 Trail Amenities Develop a palette of trail amenities, such as mile markers, parking, Short- Term $$ restrooms and directional signage pedestrian -scaled lighting, restrooms and security/ safety enhancements for construction/installation along Anna trails. Action 20 Trail Signage/Exhibits. Provide interpretive and/or educational trail exhibits along Short- Term $$ select trails to acknowledge the cultural and historical significance of an area. Action 21 Communication. Develop an active plan for communicating with parks and recreation Short- Term- $$ users that utilizes online maps and tools, social media presence and other techniques Mid -Term to inform the community of facility improvements and to develop community support for parks, trails and open space plans. ANNA 2050 PARKS MASTER PLAN Ili terra studio . ... . .... . .. ActionPotential Number Frame Action 22 Priorities. Establish priorities for citywide facility development. Short- Term $ Action 23 Site and Infrastructure Improvements, Determine site and infrastructure improvements Short- Term $ required for the development of the prioritized projects. Action 24 Incentiv( Establish development incentives for the construction of new recreation Short- Term $ facilities. Action 25 . Feasibility Studies. Complete feasibility studies for each major facility described in the Short- Term $$ Parks and Recreation Master Plan —sports complex, recreation center, aquatic center; potentially racket sports facility, concrete skate park, special use pad. Action 26 Partnerships. Determine possible project development partners. Short- Term- $ Mid -Term Action 27 Funding. Determine funding mechanism for capital development and operations. Short- Term $$ Action 28 Philosophy. Establish a philosophy for recreational programming. Short- Term $ Action 29 Classification System. Adopt a program classification system. Short- Term $ Action 30 Other Providers. Determine the role of other providers in the overall system of Anna Short- Term- $ recreation programming. Mid -Term Action 31 Partnerships. Establish programming partnerships, as necessary, to meet the desires Short- Term- $ of Anna residents. Mid -Term Action 32 Staffing and Funding. Determine the staffing and financial commitment necessary to Short- Term $ provide the desired level of recreational programming in Anna. Action 33 Fee Policy. Develop a fee policy to address programs, activities and facilities. Short- Term $ Action 34 Programming Policies and Procedures. Establish programming policies and Short- Term- $ procedures. Mid -Term Action 35 Marketing Plan. Develop a marketing plan to promote City recreational programming. Short- Term- $ Mid -Term M1151a terra studio j ANNA 2050 PARKS MASTER PLAN 3 . ....... FRAMEWORK .. Action Potential Number Frame -A action 36 Operational Fundinc Commit to a funding strategy for staffing, operations and Short- Term- $ management of parks and recreation in accordance with the desired level of service. Mid -Term Action 37 Staffing Philosophy. Establish a staffing philosophy for the Parks and Recreation Short- Term- $ divisions. Mid -Term Action 38 10-year Staffing Scenario. Develop and adopt a 10-year staffing scenario that reflects Short- Term- $ new planned parks and facilities as well as recreation programs and services. Mid -Term Action 39 Three -Division Plan. Adopt a three -division plan within the Department that covers Short- Term- $ administration, parks, and recreation. Mid -Term Action 40 Operational Policies and Procedure. Establish up-to-date department operational Short- Term- $ policies and procedures. Mid -Term Action 41 Parks Maintenance Management Plan. Develop a parks maintenance management Short- Term- $ plan and track performance. Mid -Term Action 42 Job Descriptions Develop and/or update job descriptions for all positions. Short- Term- $ Mid -Term Action 43 Social Equity, Diversity and Inclusion. Establish goals and metrics for social equity, Short- Term- $ diversity and inclusion. Mid -Term Action 44 Periormance measures Establish performance measures for parks and recreation Short- Term- $ operations and track on an annual basis. Mid -Term ANNA 2050 PARKS MASTER PLAN ----la terra Studio r ��-r :: :l: � •�. -L - �;��._{ _ '�_ •��'� �}�: icy T i r. -�?1 7`; ,��r f} r1 ti�+`+� yY .Y =. �r _.. i �. y-I� - _ - :fl:_ -•, 4.1 •V+.I-=�'','t�': .iti �5f°, �_.f� ,y r • tie' _ � .. - - _ - I-� •5' �. _ - —_ � : ,M � ,� - ►. •'.;: :�'.1xx�}�y,�` �� ;fir � .� -, � _ _ .y,.; :_I , _ �.: _' -_ _ .: �4r _ + r _ � _. _ .. �. ;:: .- � _ - -..ic _ �-. -- ..-Y .' i �.�.:.!•r.''~•y .�:.-r!`-'��• ..sr+.4��-- ' � � V•r~•y •' i'.: � �'•A - - - - . ' ��41C'2�'J,.i..�.'��.'Mt.tSr'7�s. .': •iiiir'�t� _� .�• _ .C-` •�1.... _ �'' .- .�`�ik �-�i.i....�-z -. '��"•.:'Jdr��iC Slayter Creek Park Slayter Creek Park is a 77 acre premiere outdoor sports complex in Anna. It is directly adjacent to the High School Football stadium. ANNA 2050 PARKS MASTER PLAN Hula # 7 Par; Parks Inventory — Ja terra Studio Slayter Creek Park Amenity mop Baseball fields 4 stadium lighting bench seating batting cages 1 concessions yes water fountain 1 restroom structure 1 Park Benches 12 Park Trash Cans 18 Horseshoe Courts 2 Passive Exercise Stations 3 Picnic Tables 15 Grill 1 Covered Pavilions 2 Tennis Courts 2 Lighting yes basketball hoops 2 Playground 1 Toddler Playground 1 Skate park 1 M1lEeia terra studio Flex fields 5 soccer nets 5 stadium seating 4 batting cages 1 Tether Ball Court 2 Trails educational signage 1 Entrance Signage 1 Decorative Fence 1 Parking Lots 2 Open Space yes Gazebo 1 Four Square Courts 4 Natural Springs Park Amenity Natural Springs Park is a 19 acre open space and trails park with a full dog park near parking. ANNA 2050 PARKS MASTER PLAN Site Photos Parks Inventory W. ----la terra Studio Natural Springs Park Park Trash Cans 4 Picnic Tables - 4 Grill - 1 Dog Park 1 Dog Bag Station z Trails yes Shade trees yes Parking Lot z Open Space yes Gazebo - Dock 1 On fishing pond M!"Bla terra studio Johnson Park Amenity Johnson Park is a 3 acre legacy sports complex park for the City of Anna. Most likely this park was replaced by Slayter Creek. ANNA 2050 PARKS MASTER PLAN Site Photos Parks Inventory ----la terra Studio Johnson Park Amenity ow Baseball fields 2 Youth size 1 Full size 1 Decommissioned batting cages 1 Park Benches 4 Park Trash Cans 2 Picnic Tables 2 Playground 1 Lighting Old, outdated Gravel Parking 1 Open Space yes Storage building 1 M11Eeia terra studio Sherley Heritage Park Sherley Heritage Park is a 1 acre freshly updated historical site with a new Playground. There is no dedicated parking lot and space is limited. ANNA 2050 PARKS MASTER PLAN Parks Inventory 011Ee1a terra studio Sherley Heritage Park Restrooms 2 Park Benches 3 Park Trash Cans 3 Picnic Tables 4 Covered Pavilion i Lighting 4 electrical outlets 2 Playground 1 railroad theme 1 Parking 2 Limited Open Space yes Railroad Museum 1 Educational Signage 1 ----la terra Studid- Baldwin Park Baldwin Park is a 9 acre open space park with lake access. ANNA 2050 PARKS MASTER PLAN Parks Inventory mW _=,rcia terra Studio Baldwin Park Park Trash Cans yes Park Benches yes Picnic Tables yes Grill 1 Parking Lot 1 Open Space yes Dock 1 Trails yes Baldwin yes M11EI<1a terra studio Parks Inventory Sue Evelyn Rattan Elementary - � v l m 0 E 3 � ANNA 2050 PARKS MASTER PLAN Geer Park Amenity 70 Geer Park is a 25 acre undeveloped field with neighborhood baseball fields. ANNA 2050 PARKS MASTER PLAN Parks Inventory — -ia terra Studio Geer Park Baseball backstop 2 Open space yes MI-121a terra studio Bryant Park Arneni Bryant Park is a 5 acre open field adjacent to the elementary school. ANNA 2050 PARKS MASTER PLAN Parks Inventory ----fa terra Studio Bryant Park Undeveloped Land I ryes M!"Illa terra studio manna 2050 la terra studio- Kimley»)Horn PROLOGUE ®STRATEGIC PLANNING catalyst COMMUNITY Expect More. Experience B.— S E R V I C E S . SOLUTIONS THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Carrie Land AGENDA ITEM: Approve the City Council Meeting Minutes for October 11, 2022. (City Secretary Carrie Land) SUMMARY: Approve the City Council Meeting Minutes for October 11, 2022. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve ATTACHMENTS: 1. CCmin2022-10-11 DRAFT APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 Regular City Council Meeting Meeting Minutes THE CITY OF Atifta Tuesday, October 11, 2022 @ 6:30 PM Anna Municipal Complex, Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet at 6:30 PM, on October 11, 2022, at the Anna Municipal Complex, Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:30 PM. 2. Invocation and Pledge of Allegiance. Council Member Carver led the Invocation and Mayor Pike led Pledge of Allegiance. 3. Neighbor Comments. Elden Baker gave the City Council an update on the City locomotive restoration. Matthew Gelsomini spoke in opposition to Item 7.f., The Delvey Multifamily Project. Christine Wood opposed Item 7.f., The Delvey Multifamily Project. Joy Wood spoke in opposition to Item 7.f., The Delvey Multifamily Project. Tony and Amy Nichols spoke in opposition to Item 7.f., The Delvey Multifamily Project. 4. Reports. a. Proclamation - Police Officer Day b. Update on Anna Community Survey (Assistant to the City Manager Kimberly Winarski) On April 26, 2022, staff gave City Council an overview of the Community Survey staff would be implementing for the first time this year. The survey asks for neighbor feedback on the quality and importance of ten different facets of community life: the economy, public safety, community design, transportation/mobility, utilities, the environment, parks and recreation, health and wellness, arts and culture, and inclusivity and engagement. This neighbor feedback can be used to identify the City's greatest areas of success as well as the most important areas for neighbors that we address in the future. The mailed surveys went out to randomly -selected households in late September. The online version of the survey available to everyone will be published and promoted starting October 26th. The finished report will be available on December 7th and Polco, who administers the survey, will present the results at a January City Council meeting. C. Update on Council Retreat with regard to Council Meeting Format As a part of the most recent Council Planning Retreat, several items with regard to the format, schedule and practice of the meeting were unanimously suggested to be revised to provide more efficient and effective practices. These revisions include the following: - Effective in November, meetings will begin at 6PM in the Executive Conference Room (work session room) - The first part of the meeting will be called to order in the Executive Conference Room (work session room) to address listed work session items and to preview items that will eventually be voted on or presented in the regular meeting, allowing Council to discuss such items of importance and provide guidance and preferences to staff so that items for Consent Agenda and or Individual Consideration will be provided with Council input. These meetings will be public meetings and the public will be allowed to attend in accordance with the Public Meetings Act requirements. Where space becomes a concern should the number of public exceeds the room capacity, the meeting can be transmitted to the Chambers for those present to view. - Time permitting, closed sessions may follow work session items, at which time those not entitled to participate in the closed session will retreat to the Chambers, while the Council and appropriate staff discuss the Closed session items. If additional time is needed for Closed session items, these discussions can resume after the conclusion of the regular meeting items. - These sessions (both work session and closed session) will end prior to 7PM, when the Council will retreat to the Chambers to start the regular meeting to order, beginning with the call to order, invocation, etc. - Staff will provide the work session item presentations and data and respect the time constraints so as to respect the stated start time for Public Comment and Individual Consideration to begin promptly at 7PM. The intent of this revision is to promote more collaborative discussions between Council and staff and to preview work session items for future considerations where and when possible. 5. Work Session. a. Discuss proposed roadway project submittals for the Collin County Bond Fund 2022-2023 Call for Projects. (Director of Public Works Greg Peters, P.E.) In 2018 voters approved a $750M Bond Election by Collin County to fund roads and parks. The bond package included: ❑ $600 million for high-speed roadways ❑ $140 million for arterial roadways that feed into the highway system ❑ $10 million for open space and parks projects The $140M identified in the 2018 Bond is specifically allocated for arterial roads. Arterial road projects in Anna are eligible to receive a portion of these funds if selected by the County Commissioners Court. b. Discuss draft Memorandum of Understanding with Anna ISD regarding facility construction. (Director of Public Works Greg Peters, P.E.) Staff presented the draft MOU for feedback and discussion. The deal points have been discussed with Anna ISD Administration, who presented the concept to the Anna ISD School Board and received their feedback. The staff has shared the attached draft agreement with Anna ISD Administration and will be making changes based on the feedback received from the Council and the School Board, with adoption of the MOU to occur in the near future. 6. Consent Items. These items consist of non -controversial or "housekeeping" items required bylaw. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. MOTION: Council Member Miller moved to approve consent items a. through q. Council Member Toten seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for September 27, 2022. (City Secretary Carrie Land) b. Review Minutes of the September 6, 2022 Planning & Zoning Commission Meeting. (Director of Development Services Ross Altobelli) C. Approve an Ordinance Establishing the Organization of the City's Emergency Management Program (Fire Chief Ray Isom) Chief Isom, acting in his role as the Emergency Management Coordinator, has overseen the creation of an Emergency Management Committee to include Code Enforcement Manager Kevin Martin, Division Chief Tom Brown, IT Director Kevin Johnson, and Neighborhood Services Director Marc Marchand. These staff members have extensive knowledge and experience in technology and emergency management operations. The establishment of this committee creates redundancy and a more collaborative environment until a full-time position can be dedicated to Emergency Management. The committee meets quarterly to discuss and implement strategic items of immediate concern. To date, the committee has come together three times to identify deficiencies, discuss challenges, and to prioritize their completion. The first priority of a functional emergency management program was identified and consists of the establishment of a Division of Emergency Management for the City of Anna. Operating collectively, the Emergency Management Committee drafted the proposed ordinance to rectify this interest. Input and legal review was also conducted by the city attorney. The proposed ordinance creates the basic elements required in order to allocate proper funding, establish policies and procedures, and dedicate/organize resources and personnel. It also officially organizes the city's emergency management program (currently not in legal existence by ordinance) into a coherent and definable division within the fire department. AN ORDINANCE ESTABLISHING A PROGRAM RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF ANNA: AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES. d. Approve a Resolution amending the City of Anna Personnel Policy Manual. (Director of Human Resources Stephanie Beitelschies) As a part of the adopted Strategic Plan and Council direction to provide competitive benefit structures, staff identified several areas of the City Personnel Policy that required revisions, updates, corrections and amendments. As city staff worked under this personnel policy manual, a few technical conflicts and operations realities have been found which require revisions and updates. Sections of the proposed policy are being changed to provide clarification as well as general cleanup. The proposed revisions are listed below. Overall, these changes will provide support to staff's day -today city operations, provide amendments consistent with market conditions, and update policies consistent with current operational practices. 1. Military leave to be in alignment with government mandate 2. Family Medical Leave Act exhaustion procedures 3. Catastrophic Leave update on donation time limit 4. Workers Compensation to include use of vacation / sick accruals after twelve weeks 5. Tuition reimbursement updates 6. Update to probationary period for new hires and promotions 7. Update to optional license and certification pay 8. Update to annual vacation leave carryover 9. Sick leave conversation policy 10. Sick leave payout provisions 11. Update to bereavement leave to be 24 hours per occurrence 12. Language pay 13. Certification pay A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY, TEXAS, APPROVING AMENDMENTS TO THE CITY OF ANNA PERSONNEL POLICY MANUAL e. Approve a Resolution amending the Compensation Philosophy (Director of Human Resources Stephanie Beitelschies) f. Approve a Resolution updating rules of procedure governing certain aspects (attire) of City Council and Boards and Commissions meetings. (Assistant to the City Manager Kimberly Winarski) g. Approve a Resolution regarding Anna Christian Friendship, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) Religious facility and two accessory structures on one lot on 5.0± acres located on the south side of County Road 376, 1,875± feet east of County Road 427. Located within the Extraterritorial Jurisdiction (ETJ). The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA CHRISTIAN FRIENDSHIP, BLOCK A, LOT 1, DEVELOPMENT PLAT. h. Approve a Resolution regarding CR505 Addition, Block A, Lot 1, Development Plat. (Director of Development Services Ross Altobelli) One single-family residence on one lot on 12.0± acres located on the west side of County Road 505, 1,830± feet north of County Road 504. Located within the Extraterritorial Jurisdiction (ETJ). The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CR505 ADDITION, BLOCK A, LOT 1, DEVELOPMENT PLAT. Approve a Resolution regarding Arden Park, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, five common area lots, and two commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single -Family Residence District — Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD- SF-TH) (Ord. No. 1009-2022). The purpose of the Final Plat is to dedicate rights -of -way, lot and block boundaries, and easements necessary for the single-family residential development. The Final Plat is in conformance with the adopted Planned Development standards and with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK, PHASE 1, FINAL PLAT. Approve a Resolution regarding Arden Park, Phase 1, Site Plan. (Director of Development Services Ross Altobelli) 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, five common area lots, and two vacant commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single -Family Residence District — Zero Lot Line Homes (SFZ), and Planned Development-SF-TH Townhome District (PD- SF-TH) (Ord. No. 1009- 2022). The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK, PHASE 1, SITE PLAN. k. Approve a Resolution regarding The Woods at Lindsey Place, Phase 1, Final Plat. (Director of Development Services Ross Altobelli) 30 SF-72 Single-family dwelling, detached lots, 118 SF-60 single-family dwelling, detached lots, and four common area lots on 57.4± acres located at the northwest corner of future Mossy Lake Lane and Rosamond Parkway. Zoned: Planned Development (Ord. No. 881-2020). The purpose of the Final Plat is to dedicate rights -of -way, lot and block boundaries, and easements necessary for the single-family residential development. The Final Plat is in conformance with the adopted Planned Development standards and with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODS AT LINDSEY PLACE, PHASE 1, FINAL PLAT. Approve a Resolution regarding The Woods at Lindsey Place, Block L, Lot 9X, Site Plan. (Director of Development Services Ross Altobelli) Amenity Center on one lot on 0.9± acre located at the northeast corner of future Sue Ellen Street and future Harlow Boulevard. Zoned: Planned Development (Ord. No. 881- 2020). The purpose of the Site Plan is to show the proposed amenity center development site improvements. The Site Plan is in conformance with adopted Planned Development standards and with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE WOODS AT LINDSEY PLACE, BLOCK L, LOT 9X, SITE PLAN. M. Approve a Resolution regarding Avery Pointe Commercial, Block A, Lots 1 R, 2R, 3, 4, & 5, Replat. (Director of Development Services Ross Altobelli) Self -Storage on Lot 3, restaurants and retail on Lots 1 R, 2R, 4, & 5 on 7.4± acres located at the northeast corner of W. White Street and Ferguson Parkway. Zoned: Planned Development (Ord. No. 964-2022, Ord. No. 709-2015, Ord. No. 179- 2005). The purpose of the Replat is to subdivide the property and dedicate lot and block boundaries and easements necessary for the construction of the restaurant and retail site improvements. This Replat is a combination of three previously approved Replat applications which have not been filed with Collin County. The Replat is in conformance with adopted Planned Development standards and with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AVERY POINTE COMMERCIAL, BLOCK A, LOTS 1 R, 2R, 3, 4, & 5, REPLAT. n. Approve a Resolution regarding East Fork Estates, Lot 23, Replat. (Director of Development Services Ross Altobelli) Vacant lot on 1.4± acres located at the west side of East Fork Circle, 1,340± feet south of Farm -to -Market 455. Zoned: AG Agricultural District. The purpose of the Replat is to dedicate right-of-way, lot and block boundaries, and easements necessary for future development. The Replat is in conformance with the city's Subdivision Regulations and Zoning Ordinances and is subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EAST FORK ESTATES, LOT 23, REPLAT. o. Approve a Resolution regarding Ferguson -White Addition, Block A, Lot 1, Revised Site Plan. (Director of Development Services Ross Altobelli) Bank on one lot on 2.2± acres located at the southwest corner of W. White Street and Ferguson Parkway. Zoned: Planned Development -Restricted Commercial and Restricted Commercial (PD-C-1/C-1) (Ord. No. 821-2019 & Ord. No. 950- 2021). The purpose of the Revised Site Plan was to request an alternate equivalent screening method to the Planning & Zoning Commission between the bank site and existing Oak Hollow Estates, Phase 1 Subdivision. By a vote of 6-1 the Planning & Zoning Commission determines the applicant's request as an appropriate alternate equivalent screening. The Revised Site Plan is recommended for approval with the material option of 6'-0" tall black iron fence panels with cedar trees (6 — 8 feet in height) spaced 6 feet apart from the center of the tree. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REVISED SITE PLAN OF FERGUSON-WHITE ADDITION, BLOCK A, LOT 1. p. Approve a Resolution amending the construction phasing associated with the Coyote Meadows Phase 1A & Phase 1 B residential subdivision. (Director of Development Services Ross Altobelli) The Final Plats for Phase 1 of the Coyote Meadows residential subdivision were approved on: ❑ April 12, 2022 - Phase 1A ❑ May 10, 2022 - Phase 1 B The applicant is requesting to revise Phase 1A in order to pick up some construction phasing efficiency, while reducing the 1A townhome footprint and increasing the 1A 40' lot output. The proposed changes are minor and do not modify the proposed layout or lot count associated with the overall development. The proposed amendment is minor in nature and city staff have no issues with the requested modification. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING COYOTE MEADOWS, PHASE 1A & PHASE 1B, FINAL PLAT. q. Approve a Resolution authorizing the City Manager to accept and approve a contract with 8x8, Inc. for the purchase and installation of a new VoIP telephony system and related service agreements in a form approved by the City Attorney. (IT Director Kevin Johnson) Staff is recommending that the City Council approve a resolution authorizing the City Manager to accept and approve a contract with 8X8, Inc. for the purchase and installation of a hosted VoIP telephony system. The current telephony system is obsolete and several of the functions have not been working properly. As the City moves into the new Municipal Complex a new telephony system was budgeted. The City solicited Requests for Proposal from qualified vendors and received 12 responses. The proposals were evaluated on hardware, security, features and functions, price, and references. Following the initial evaluation, staff hosted three vendors for demonstrations, and included City staff from all departments in the demonstration evaluation. United Network Solutions providing the 8X8 VoIP telephony platform was selected as the best overall vendor for the implementation. One-time costs of $4,834 and annual fees of $31,346. It is a 39 month agreement. Funds are budgeted in the General Fund. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, APPROVING THE PURCHASE AND INSTALLATION OF A HOSTED VoIP TELEPHONY SYSTEM FROM 8X8, INC IN THE AMOUNT OF $4,834 AND RECURRING FEES OF $31,347 ANNUALLY, AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. 7. Items For Individual Consideration. a. Consider/Discuss/Action on a Resolution amending the Sherley Tract Subdivision Improvement Agreement by amending language under Section 5.9 (Restaurant and Water Feature) within Article V (Additional Obligations). (Director of Development Services Ross Altobelli). The purpose of the amendment is to amend the language within the SIA by removing a standard which requires the commencement of construction of a restaurant and a water feature before the City's issuance of a building permit for any multiple -family residential structure greater than 275 units. Further, the amendment would add language requiring the construction of the Water Feature prior to or simultaneously with the development of any multifamily structure. Section 5.9 (Restaurant and Water Feature) will retain existing provisions triggering the commencement of construction of the Restaurant to include; 1. The expiration of five (5) years of the Effective Date; and 2. The City's issuance of a building permit for the 301st single-family residential building permit as pertains to residences on the Property. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING SECOND AMENDED SHERLEY TRACT SUBDIVISION IMPROVEMENT AGREEMENT MOTION: Council Member Toten moved to approve. Council Member Miller seconded. Motion carried 7-0. b. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend Planned Development Ord. No. 860-2020. (Director of Development Services Ross Altobelli) On June 9, 2020, the city council adopted and approved both Zoning (Ord. No. 860- 2020) and a Subdivision Improvement Agreement (SIA) for tracts of land located within the ETJ and city limits. The rezoning of the "In City" property included a Phasing section within the adopted Development Standards: Phasing: 1. Prior to the issuance of a building permit for any multiple -family residence greater than 275 units, a building permit for a minimum 5,000 square feet building for a commercial use must be issued. 2. The water features must be constructed prior to or simultaneously with the multiple -family residence. The applicant is requesting to remove the phasing language that limits the number of multiple -family units prior to the issuance of a building permit for a commercial use. By a vote of 6-1 the Planning & Zoning Commission recommended approving an amendment to the Development Standards within Ord. No. 961-2020 as follows: (Deletions and additions of certain Zoning Ordinance provisions that are not applicable are indicated below in strikethrough and underline text): I. Phasing 1. Prior to the issuance of a building permit for any multiple -family residence greater than 275 units, a building permit for a minimum 5,000 square feet building for a commercial use must be issued. 2 1?, The water features must be constructed prior to or simultaneously with the multiple -family residence. Mayor Pike opened the public hearing at 7:43 PM. There were no public comments. Mayor Pike closed the public hearing at 7:44 PM. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY 75 AND 691± FEET SOUTH OF FUTURE ROSAMOND PARKWAY (W CR 370); PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. C. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance for a Specific Use Permit (SUP) for a metering station on one lot on 0.6± acre located on the north side of future Rosamond Parkway, 995± feet west of County Road 368. (Director of Development Services Ross Altobelli) At the October 3, 2022 Planning & Zoning Commission meeting, the public hearing was tabled until the November 7, 2022 Planning & Zoning Commission meeting in order for the applicant to address questions raised by the Commission and neighbors. Mayor Pike opened the public hearing at 7:44 PM. MOTION: Mayor Pike moved to hold open the public hearing until Tuesday, November ?, 2022 City Council meeting at 6:30 PM within the Council Chambers of the Municipal Complex located at 120 W. 7th Street.. Council Member Miller seconded. Motion carried 7-0. d. Consider/Discuss/Action on appointment to the Diversity and Inclusion Commission. (City Secretary Carrie Land) There was a vacancy to Place 6. MOTION: Council Member Toten moved to appoint Yoshanda Sims to Place 6. Council Member Ussery seconded. Motion carried 7-0. e. Consider/Discuss/Action on a Resolution authorizing an Incentive Agreement for New Economic Development and related Lease Agreement between the Anna Economic Development Corporation and 3 Nations Brewing LLC. (Director of Economic Development Joey Grisham) MOTION: Council Member Carver moved to take no action. Council Member Ussery seconded. Motion carried 7-0. Acting as the Anna Housing Finance Corporation Board of Directors, Consider/Discuss/Action on a Resolution approving a bond inducement for The Delvey Multifamily Project. (Director of Economic Development Joey Grisham) JES Development Co. is proposing a 240-unit Multifamily Project in the city's ETJ located at 13550 CR 426 and submitted their application for bonds through the Anna Housing Finance Corporation. To proceed with the developer's application, a bond inducement resolution from the HFC is required. This is just the first step in the process and is not a final approval. Developer Ryan Garcia gave a brief presentation. Discussion ensued. MOTION: Board Member Toten moved to deny. Board Member Atchley seconded. Motion carried 5-2. Miller and Ussery opposed. g. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on a Resolution approving a bond inducement for The Reserve at Anna Multifamily Project. (Director of Economic Development Joey Grisham) Liberty Multifamily Group is proposing a 206-unit senior living development near SH 121 and CR 526 and submitted their application for bonds through the Anna Public Facility Corporation. To proceed with the developer's application, a bond inducement resolution from the PFC is required. This is just the first step in the process and is not a final approval. A RESOLUTION OF THE ANNA PUBLIC FACILITY CORPORATION DECLARING THE INTENT TO ISSUE MULTIFAMILY MORTGAGE REVENUE BONDS OR NOTES WITH RESPECT TO THE RESERVE AT ANNA SENIOR APARTMENTS MULTIFAMILY RENTAL DEVELOPMENT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $32,000,000; AUTHORIZING THE FILING OF AN APPLICATION FOR ALLOCATION OF PRIVATE ACTIVITY BONDS WITH THE TEXAS BOND REVIEW BOARD; AND AUTHORIZING OTHER ACTION RELATED THERETO MOTION: Board Member Miller moved to approve. Board Member Cain seconded. Motion carried 5-2. Toten and Ussery opposed. h. Consider/Discuss/Action on a Resolution approving an agreement by and between the City of Anna, Texas and Freese and Nichols, Incorporated, for the design of the Hurricane Creek Interceptor Sewer project from FM 455 to the northern City Limits in a form approved by the City Attorney. (Director of Public Works Greg Peters, P.E.) This project is critical for the growth and development of Anna for all land north of FM 455 and west of US 75. In addition, this line will provide the connection from Van Alstyne, allowing the City of Anna to provide Van Alstyne with wastewater treatment and transmission at a contract price. If approved, design will commence immediately, with the project going to construction approximately 12 months from now. This capital improvement project is in the City's CIP Plan and is to be funded with Wastewater Impact Fees in an amount not to exceed $1,111,965. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND FREESE AND NICHOLS, INCORPORATED FOR ENGINEERING DESIGN SERVICES RELATED TO THE HURRICANE CREEK LINE INTERCEPTOR SEWER PROJECT FROM FM 455 TO THE NORTHERN CITY LIMIT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROFESSIONAL SERVICES AGREEMENT SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Mayor Pike moved to approve. Council Member Miller seconded. Motion carried 7-0. 8. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). `Bunetto v. City of Anna, Civil Action No. 4:21-cv-00413, United States District Court, Eastern District of Texas, Sherman Division. " b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074). City Manager Annual Review MOTION: Mayor Pike moved to enter closed session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 8:26 PM. Mayor Pike reconvened the meeting 9:00 PM. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action was taken. 10. Adjourn. Mayor Pike adjourned the meeting at 9:00 PM. Approved on October 25, 2022. Mayor Nate Pike ATTEST: City Secretary Carrie L. Land THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Review Minutes of the September 7, 2022, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) SUMMARY: FINANCIAL IMPACT: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: STAFF RECOMMENDATION: ATTACHMENTS: APPROVALS: Kimberly Garduno, Economic Development Coordinator Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 THE CITY OF Anna AGENDA ITEM: �lif'i7►1OWM City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Review Monthly Financial Report for the Month Ending September 30, 2022. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2022 through September 30, 2022. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. FINANCIAL IMPACT: Information only. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Approve ATTACHMENTS: 1. FY2022 City Council Monthly Financial Report September APPROVALS: Terri Doby, Budget Manager Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through September 30, 2022 EMMM Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends �- Negative variance of >5% compared to historical trends REVENUES 7 General Fund Property Taxes $ 8,015,000 $ 8,046,011 100.4 % Sales Tax 3,296,370 3,488,529 105.8 % Franchise and Local Taxes 485,000 632,674 130.4 % Charges for Services 111,600 129,284 115.8% Fines 90,000 240,885 267.7% Licenses, Permits & Fees 3,703,060 5,522,384 149.1% Intergovernmental 48,395 47,640 98.4% Investment Income 30,000 44,196 147.3% Other Revenues 16,300 56,982 349.6% Revenue Total $ 15,795,725 $ 18,208,585 115.3% EXPENDITURES General Fund Expense Total $ 15,309,784 $ 14,603,993 95.4 % Utility Fund REVENUES Water Sales $ 6,000,000 $ 7,436,430 123.9% Sewer Charges 3,600,000 4,738,068 131.6% Sanitation Revenue 1,100,000 1,827,757 166.2% Other Charges for Services 745,000 661,037 88.7% Licenses, Permits & Fees 505,000 2,034,868 402.9% Investment Income 20,000 32,193 161.0% Other Revenues 188,700 275,779 146.1% Utility Fund Total $ 12,158,700 $ 17,006,132 139.9% EXPENDITURES Administration $ 1,219,038 $ 1,451,518 119.1%� Water 5,654,073 5,820,043 102.9% Sewer 4,712,683 4,952,770 105.1% Sanitation 1,100,000 1,853,860 168.5% Utility Billing 560,311 525,148 93.7%� Utility Fund Total $ 13,246,105 $ 14,603,339 110.2% October November December January February March April May June July August September E-1 417,343 483,556 552,138 435,037 416,044 583,700 494,472 511,309 583,874 570,950 533,224 $ 5,581,647 Budget: 4,926,370 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 ot oG�o�Qo�Go�Qoi,oeot 0 FY2021-22 o FY2020-21 0 FY2019-20 24.4% $ 335,454 42.2% 340,156 31.7% 419,319 28.4% 338,879 42.3% 292,405 32.4% 441,021 31.6% 375,823 32.7% 385,457 24.8% 467,686 32.1 % 432,097 31.3% 406,214 453,292 $ 4,687,804 113.3% 4,300,000 Monthly Sales Tax Collections: 3 Year Comparison OF ANNA BuildingCITY -. mber Thru the month SepteFiscal Year 2020-21 Monthly Monthly October 75 98 November 89 124 December 68 83 January 102 53 February 208 125 March 141 104 April 137 117 May 44 60 June 19 95 July 25 114 August 126 154 September 31 120 1,065 1,247 FY2022 Budget: 1,100 96.8% Monthly Building Permits Received: 2 Year Comparison 250 200 150 - 100 50 0 aZ �ra� F � P��JS'� ��t �0 ■ FY2021-22 ■ FY2020-21 THE CITY OF manna AGENDA ITEM: iIff,7111111►r.wle"rrp City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Gregory Peters Approve all matters incident and related to the issuance and sale of "Greater Texoma Utility Authority Contract Revenue Bonds, Series 2022 (Collin/Grayson Water Transmission Project)" including the adoption of an ordinance approving the issuance thereof and the facilities to be constructed or acquired by such Authority. (Director of Public Works Greg Peters, P.E.) SUMMARY: The Greater Texoma Utility Authority is responsible for bringing treated drinking water from North Texas Municipal Water District to the four CGMA Cities, which includes Anna, Melissa, Van Alstyne, and Howe. The bond sale being proposed will fund critical infrastructure improvements in the GTUA system which are needed to increase the system capacity to accommodate growth. The cost of the debt service will be incorporated into the rate structure CGMA cities pay to GTUA for water delivery. These costs were anticipated and are covered in the water and sewer rate structures adopted by the City Council earlier this year. FINANCIAL IMPACT: The financial impact of the bond sale will be handled through the water rates GTUA charges to the four CGMA Cities, including Anna, Melissa, Van Alstyne, and Howe. The City of Anna has budgeted for the rate impacts as a part of our annual water and sewer rate adoption. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval as presented. ATTACHMENTS: GTUA COLLIN_GRAYSON 2022 - City of Anna Ordinance APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 ORDINANCE NO. AN ORDINANCE by the City Council of the City of Anna, Texas relating to the Greater Texoma Utility Authority Contract Revenue Bonds, Series 2022 (Collin/Grayson Water Transmission Project) and approving the issuance thereof and the facilities to be constructed or acquired by such Authority WHEREAS, the City Council has heretofore authorized the execution of a certain "Amended and Restated Contract for Water Supply and Sewer Service", dated as of April 17, 2006 (the "Contract") with the Greater Texoma Utility Authority (the "Authority"); and WHEREAS, under Section 4.15 of the Contract, it is provided that the City shall approve (i) the issuance by the Authority of any bonds that are to be payable (in whole or in part) from certain moneys that the City has contracted to pay under the provisions of the Contract, and (ii) the facilities to be constructed, acquired and improved; and WHEREAS, in connection with the proposed "Greater Texoma Utility Authority Contract Revenue Bonds, Series 2022 (Collin/Grayson Water Transmission Project)" (the "Bonds"), the Texas Water Development Board (the "Board") has agreed to purchase the Bonds and, therefore, it is neither necessary nor advisable for the Authority to prepare a Notice of Sale; and WHEREAS, it is now appropriate for this Council to approve the issuance and delivery of the Bonds and the facilities to be constructed or acquired with the proceeds of the Bonds, including the project (the "Series 2022 Project") described in the Resolution of the Authority authorizing the Bonds (the "Bond Resolution"); now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1: The facilities to be constructed, acquired, and improved by the Authority with the proceeds of the Bonds as described in the Bond Resolution are hereby approved. The issuance of the Bonds by the Authority and the use of the proceeds thereof, as described in the Bond Resolution, is hereby approved. The Bond Resolution is approved as to form and content, and the City acknowledges that the payment of principal of and interest on the Bonds is payable, in whole or in part, from payments to be made by the City under and pursuant to the Contract. The City agrees to provide the reports described in the Bond Resolution within the times specified therein, in compliance with the Board's commitment. The City agrees with the obligations and conditions set forth in the Board's Commitment 22-064, and the City hereby expressly agrees that it will not acquire any of the Board's bonds that were issued to provide financing for the Bonds in the amount of the Bonds to be acquired from the Authority by the Board. A copy of such commitment is attached hereto as Exhibit A. SECTION 2: It is the purpose and intent of the City Council of the City to approve the Bond Resolution, and the facilities to be constructed, acquired, and improved in full accordance with the provisions of the Contract mentioned in the preamble hereof. To the extent required by the Board or the Office of the Attorney General of Texas, the Authority is authorized by this City Council to make changes and revisions to the Bond Resolution from the form approved by this Ordinance in order to expedite the delivery of the Bonds. It is the intent of the City to authorize the Authority to proceed with the construction, acquisition, and improvement of the facilities at the earliest possible date, but nothing herein shall be construed as a limitation upon the right and power of the City to approve a change in the facilities for which the Bonds are to be issued (but not the purpose for which the Bonds are to be issued as set forth in the Bond Resolution), the 132917068.1 /1001187061 City specifically reserving the right to modify the facilities for which the Bonds are being issued if the Authority and the City agree such modification should be made. SECTION 3: In order to assist the Authority in complying with Rule 15c2-12 of the Securities Exchange of Act of 1934, as amended (the "Rule"), the City covenants and agrees as follows: (a) Annual Reports. The City will provide to the Authority, no later than March 1 of each year (or such other date as may be agreed to by the City and the Authority, but no later than six months after its fiscal year end), while the City is an "obligated person" under the Rule, the information with respect to the City described in the Bond Resolution. Any financial statements to be provided pursuant to this Section shall be (i) prepared in accordance with the accounting principles described in the City's audited financial statements, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not completed within such period, then the City shall provide notice to the Authority that the audited financial statements are not available and shall provide unaudited financial information of the type for the applicable fiscal year to the Authority by the required time. Thereafter, when and if audited financial statements are available, the City shall provide such audited financial statements as required to the Authority. If the City's fiscal year end differs from the Authority's fiscal year end, the City shall provide the most recent year end annual information as well as cumulative current year to date information. The City shall notify the Authority if the City changes its fiscal year. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document available to the public on the MSRB's Internet Web site or filed with the SEC. The City will notify the Authority as soon as possible if the information required by this Section cannot be provided in the above -specified time frame. (b) Notice of Certain Events. To the extent applicable to the City as an "obligated person" under the Rule and in connection with the Bonds, the City agrees to notify the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 132917068.1 /1001187061 2 if material; (vii) Modifications to rights of holders of the Bonds, if material; (viii) Bond calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the Bonds, (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (xiii) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (xv) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material; and (xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. (c) Accuracy and Completeness. The City warrants that all information provided by it to the Authority pursuant to this Section will be accurate in all material respects to the best of its knowledge and belief. The City will provide the Authority with such information as the Authority may reasonably request to confirm the accuracy and completeness of any information provided by the City pursuant to this Section. If the Authority thereafter has reasonable grounds to question the completeness or accuracy of such information, the City will afford the Authority and its attorneys and agents, at the expense of the Authority, reasonable access to any and all records, documents, contracts, and other information which is in the custody or control of the City to confirm such accuracy and completeness. The Authority and its attorneys and agents shall maintain the confidentiality of all such information; unless required to be provided by the Authority to the MSRB, and except as otherwise provided by law. The City shall not be required to provide information or to allow access to its records which exceeds the standards applicable to a due diligence inquiry in the preparation of an official statement in connection with the sale of Bonds or any Additional Bonds by the Authority. (d) Limitations, Disclaimers and Amendments. (1) The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Authority and the City each remain an Obligated Person, provided that the Authority and the City in any event will give notice of any payment or deposit of funds by either of such parties that causes the Bonds to be retired and defeased. 132917068.1 /1001187061 3 (2) The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Authority and the City undertake to provide only the financial information, operating data, financial statements and notices which it has expressly agreed to provide pursuant to this Section and do not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Authority's or the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. Neither the Authority nor the City make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (3) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT, OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (4) The provisions of this Section may be amended by the City (with the written approval of the Authority) from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any grater amount required by provisions of the Bond Resolution that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. If the provisions of this Section are so amended, the Authority shall include with any amended financial information or operating data next provided in accordance with the Bond Resolution an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. (e) Remedies. In the event the City fails or refuses to provide the information required by paragraphs (a) and (b) hereof, the Authority may enforce its right hereunder by an action for mandamus or specific performance; provided, however, before enforcing such remedies, the Authority shall give the City notice as provided herein and a reasonable opportunity to provide the requested information. SECTION 4: Reporting of Significant Events. (1) Upon the occurrence of any of the events described below, the City will promptly notify the Authority and provide information requested by the Authority pertaining to (i) an action, suit or other formal proceeding at law or in equity, against the City that would materially and adversely affect the City's financial condition or its ability to make payments under the Contract and (ii) any change in the City's financial condition or financing arrangements that would materially and adversely affect the City's financial condition or its ability to make payments under the Contract. 132917068.1 /1001187061 4 SECTION 5: In all respects the Contract is re -approved and shall be and remain in full force as the agreement of the parties. SECTION 6: The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 7: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. SECTION 8: This Ordinance shall be effective from and after its adoption, and it is so resolved. [remainder of page left blank intentionally] 132917068.1 /1001187061 5 PASSED AND APPROVED, this October 25, 2022. Mayor City of Anna, Texas ATTEST: City Secretary City of Anna, Texas (City Seal) 132917068.1/1001187061 [signature page of City Ordinance] EXHIBIT A Texas Water Development Board Commitment No. 22-064 132917068.1 /1001187061 A-1 A RESOLUTION OF THE TEXAS WATER DEVELOPMENT BOARD APPROVING AN APPLICATION FOR FINANCIAL ASSISTANCE IN THE AMOUNT OF $7,525,000 TO GREATER TEXOMA UTILITY AUTHORITY FROM THE STATE WATER IMPLEMENTATION REVENUE FUND FOR TEXAS THROUGH THE PROPOSED PURCHASE OF $7,52S,000 GREATER TEXOMA UTILITY AUTHORITY CONTRACT REVENUE BONDS, PROPOSED SERIES 2022 (COLLIN-GRAYSON MUNICIPAL ALLIANCE PROJECT) (22-064) WHEREAS, the Greater Texoma Utility Authority (Authority) has filed an application for financial assistance in the amount of $7,525,000 from the State Water Implementation Revenue Fund for Texas (SWIRFT) to finance the planning and construction of certain water supply project(s) identified as Project No. 51080 (Project); and WHEREAS, the Authority seeks financial assistance from the Texas Water Development Board (TWDB) through the TWDB's proposed purchase of $7,525,000 Greater Texoma Utility Authority Contract Revenue Bonds, Proposed Series 2022 (Collin -Grayson Municipal Alliance Project), (together with all authorizing documents "Obligations"), all as is more specifically set forth in the application and in recommendations of the Executive Administrator's staff, and WHEREAS, the Authority has offered a pledge of contract revenues as sufficient security for the repayment of the Obligations; and WHEREAS, the commitment is approved for funding under the TWDB's pre -design funding option, and initial and future releases of funds are subject to 31 TAC § 363.1307; WHEREAS, subject to the Authority's use of an approved debt service structure, interest rate subsidies are available to the Authority for State Fiscal Year 2022 at up to the following levels: 25% for financial assistance for a term of 20 years, 18% for financial assistance for a term of 21 to 25 years, and 14% for financial assistance for a term of 26 to 30 years; and WHEREAS, the interest rate subsidies provided above are based on assumptions necessary to generate an optimum debt service structure for the anticipated TWDB SWIRFT bond issuance and are subject to modification as necessary to preserve and maintain the integrity of the SWIRFT Program; and WHEREAS, the TWDB hereby finds: 1. that the application and assistance applied for meet the requirements of Texas Water Code, Chapter 15, Subchapters G and H and 31 TAC Chapter 363, Subchapters A and M; Page 1 of 8 2. that the Project is a recommended water management strategy project in the State Water Plan adopted pursuant to Texas Water Code § 16.051, in accordance with Texas Water Code § 15.474(a); 3. that a water conservation plan has been submitted and implemented in accordance with Texas Water Code § 16.4021 and 31 TAC § 363.1309(b)(1); 6. that the Authority has acknowledged its legal obligation to comply with any applicable requirements of federal law relating to contracting with disadvantaged business enterprises and any applicable state law relating to contracting with historically underutilized businesses, in accordance with Texas Water Code § 15.435(h) and 31 TAC § 363.1309(b)(3). NOW THEREFORE, based on these findings, the TWDB resolves as follows: a commitment is made by the TWDB to Greater Texoma Utility Authority for financial assistance in the amount of $7,525,000 from the State Water Implementation Revenue Fund for Texas, to be evidenced by the TWDB's proposed purchase of $7,525,000 Greater Texoma Utility Authority Contract Revenue Bonds, Proposed Series 2022 (Collin -Grayson Municipal Alliance Project). This commitment will expire on December 31, 2022. Such commitment is conditioned as follows: Standard Conditions: this commitment is contingent on a future sale of bonds by the TWDB or on the availability of funds on hand; 2. this commitment is contingent upon the issuance of a written approving opinion of the Attorney General of the State of Texas stating that the Authority has complied with all of the requirements of the laws under which said Obligations were issued, that said Obligations were issued in conformity with the Constitution and laws of the State of Texas, and that said Obligations are valid and binding obligations of the Authority; 3. this commitment is contingent upon the Authority's continued compliance with all applicable laws, rules, policies, and guidance as these may be amended from time to time to adapt to a change in law, in circumstances, or any other legal requirement; 4. this commitment is contingent upon the Authority executing a separate financing agreement, approved as to form and substance by the Executive Administrator, and submitting that executed agreement to the TWDB consistent with the terms and conditions described in the financing agreement; Page 2 of 8 5. interest rate subsidies for non -level debt service structure are subject to adjustment by the Executive Administrator, 6. the Authority shall use a paying agent/registrar in accordance with 31 TAC § 363.42 (c) (2), and shall require the paying agent/registrar to provide a copy of all receipts documenting debt service payments to the TWDB and to the TWDB's designated Trustee; The Following Conditions Must Be Included in the Obligations: 7. the Obligations must provide that the Obligations can be called for early redemption on any date beginning on or after the first interest payment date that is 10 years from the dated date of the Obligations, at a redemption price of par, together with accrued interest to the date fixed for redemption; 8. the Obligations must provide that the Authority will comply with all applicable TWDB laws and rules related to the use of the financial assistance; 9. the Obligations must provide that the Authority must comply with all conditions as specified in the final environmental finding of the Executive Administrator when issued, including the standard emergency discovery conditions for threatened and endangered species and cultural resources; 10. the Obligations must contain a provision requiring the Authority to maintain insurance coverage sufficient to protect the TWDB's interest in the project; 11. the Obligations must include a provision wherein the Authority, or an obligated person for whom financial or operating data is presented to the TWDB in the application for financial assistance either individually or in combination with other issuers of the Authority's Obligations or obligated persons, will, at a minimum, regardless of the amount of the Obligations, covenant to comply with requirements for continuing disclosure on an ongoing basis substantially in the manner required by Securities and Exchange Commission (SEC) in 17 CFR § 240.15c2-12 (Rule 15c2- 12) and determined as if the TWDB were a Participating Underwriter within the meaning of such rule, such continuing disclosure undertaking being for the benefit of the TWDB and the beneficial owners of the Authority's Obligations, if the TWDB sells or otherwise transfers such Obligations, and the beneficial owners of the TWDB's bonds if the Authority is an obligated person with respect to such bonds under SEC Rule 15c2-12; 12. the Obligations must include a provision requiring the Authority to use any proceeds from the Obligations that are determined to be surplus proceeds remaining after completion of the Project and completion of a final accounting in a manner approved by the Executive Administrator; Page 3 of 8 13. the Obligations must contain a provision that the TWDB may exercise all remedies available to it in law or equity, and any provision of the Obligations that restricts or limits the TWDB's full exercise of these remedies shall be of no force and effect; 14. financial assistance proceeds are public funds and, as such, the Obligations must include a provision requiring that these proceeds shall be held at a designated state depository institution or other properly chartered and authorized institution in accordance with the Public Funds Investment Act, Government Code, Chapter 2256, and the Public Funds Collateral Act, Government Code, Chapter 2257; 15. financial assistance proceeds shall not be used by the Authority when sampling, testing, removing, or disposing of contaminated soils and/or media at the Project site. The Obligations shall include an environmental indemnification provision wherein the Authority agrees to indemnify, hold harmless and protect the TWDB from any and all claims, causes of action or damages to the person or property of third parties arising from the sampling, analysis, transport, storage, treatment, recycling and disposition of any contaminated sewage sludge, contaminated sediments and/or contaminated media that may be generated by the Authority, its contractors, consultants, agents, officials and employees as a result of activities relating to the Project to the extent permitted by law; 16. the Obligations must include a provision stating that the Authority shall report to the TWDB the amounts of Project funds, if any, that were used to compensate historically underutilized businesses that worked on the Project, in accordance with 31 TAC § 363.1312; 17. the Obligations must contain a provision that the TWDB will purchase the Obligations, acting through the TWDB's designated Trustee, and the Obligations shall be registered in the name of Cede & Co. and closed in book -entry -only form in accordance with 31 TAC § 363.42(c)(1); 18. the Obligations must contain a provision stating that the Authority shall abide by all applicable construction contract requirements related to the use of iron and steel products produced in the United States, as required by Texas Government Code, Chapter 2252, Subchapter G and Texas Water Code § 17.183; 19. the Obligations must include a provision prohibiting the Authority from using the proceeds of this financial assistance in a manner that would cause the Obligations to become "private activity bonds" within the meaning of § 141 of the Internal Revenue Code as amended (Code) and the Treasury Regulations promulgated thereunder (Regulations); 20. the Obligations must provide that no portion of the proceeds of the financial assistance will be used, directly or indirectly, in a manner that would cause the Obligations to be "arbitrage bonds" within the meaning of § 148(a) of the Code and Regulations, including to acquire or to replace funds that were used, directly or Page 4 of 8 indirectly, to acquire Nonpurpose Investments (as defined in the Code and Regulations) that produce a yield materially higher than the yield on the TWDB's bonds that are issued to provide financing for the financial assistance (Source Series Bonds), other than Nonpurpose Investments acquired with: a. proceeds of the TWDB's Source Series Bonds invested for a reasonable temporary period of up to three (3) years after the issue date of the Source Series Bonds until such proceeds are needed for the facilities to be financed; b. amounts invested in a bona fide debt service fund, within the meaning of § 1.148-1(b) of the Regulations; and C. amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed the least of maximum annual debt service on the Obligations, 125% of average annual debt service on the Obligations, or 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Obligations; 21. the Obligations must include a provision requiring the Authority take all necessary steps to comply with the requirement that certain amounts earned on the investment of gross proceeds of the Obligations be rebated to the federal government in order to satisfy the requirements of § 148 of the Code. The Obligations must provide that the Authority will: a. account for all Gross Proceeds, as defined in the Code and Regulations, (including all receipts, expenditures, and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and retain all records of such accounting for at least six years after the final Computation Date. The Authority may, however, to the extent permitted by law, commingle Gross Proceeds of its financial assistance with other money of the Authority, provided that the Authority separately accounts for each receipt and expenditure of such Gross Proceeds and the obligations acquired therewith; b. calculate the Rebate Amount, as defined in the Code and Regulations, with respect to its financial assistance, not less frequently than each Computation Date, in accordance with rules set forth in § 148(f) of the Code, § 1.148-3 of the Regulations, and the rulings thereunder. The Authority shall maintain a copy of such calculations for at least six years after the final Computation Date; C. as additional consideration for providing financial assistance, and in order to induce providing financial assistance by measures designed to ensure the excludability of the interest on the TWDB's Source Series Bonds from the gross income of the owners thereof for federal income tax purposes, pay to Page 5 of 8 the United States the amount described in paragraph (b) above within 30 days after each Computation Date; d. exercise reasonable diligence to assure that no errors are made in the calculations required by paragraph (b) and, if such error is made, to discover and promptly to correct such error within a reasonable amount of time thereafter, including payment to the United States of any interest and any penalty required by the Regulations; 22. the Obligations must include a provision prohibiting the Authority from taking any action that would cause the interest on the Obligations to be includable in gross income for federal income tax purposes; 23. the Obligations must provide that the Authority will not cause or permit the Obligations to be treated as "federally guaranteed" obligations within the meaning of § 149(b) of the Code; 24. the Obligations must contain a covenant that the Authority will refrain from using the proceeds of the Obligations to pay debt service on another issue of obligations of the borrower in contravention of § 149(d) of the Code (related to "advance refundings"); 25. the Obligations must provide that neither the Authority nor a related party thereto will acquire any of the TWDB's Source Series Bonds in an amount related to the amount of the Obligations to be acquired from the Authority by the TWDB; 26. the Obligations must contain a provision requiring that, upon request by the Executive Administrator, the Authority shall submit annual audits of contracting parties for the Executive Administrator's review; 27. the Obligations must contain a provision requiring the Authority to maintain and enforce the contracts with its customers so that the revenues paid to the Authority by its customers are sufficient to meet the revenue requirements of the Authority's obligations arising from the operation of the water system; 28. the Obligations must contain a provision that the pledged contract revenues from the Authority may not be pledged to the payment of any additional parity obligations of the Authority secured by a pledge of the same contract revenues unless the Authority demonstrates to the Executive Administrator's satisfaction that the pledged contract revenues will be sufficient for the repayment of all Obligations and additional parity obligations; Page 6 of 8 Conditions to Close or for Release of Funds: 29. prior to closing, if not previously provided with the application, the Authority shall submit executed contracts for engineering and, if applicable, financial advisor and bond counsel, for the Project that are satisfactory to the Executive Administrator. Fees to be reimbursed under the contracts must be reasonable in relation to the services performed, reflected in the contract, and acceptable to the Executive Administrator; 30. prior to closing, when any portion of financial assistance is to be held in escrow or in trust, the Authority shall execute an escrow agreement or trust agreement, approved as to form and substance by the Executive Administrator, and shall submit that executed agreement to the TWDB; 31. prior to closing, the Authority's bond counsel must prepare a written opinion that states that the interest on the Obligations is excludable from gross income or is exempt from federal income taxation. Bond counsel may rely on covenants and representations of the Authority when rendering this opinion; 32. prior to closing, the Authority's bond counsel must prepare a written opinion that states that the Obligations are not "private activity bonds." Bond counsel may rely on covenants and representations of the Authority when rendering this opinion; 33. the transcript must include a No Arbitrage Certificate or similar Federal Tax Certificate setting forth the Authority's reasonable expectations regarding the use, expenditure, and investment of the proceeds of the Obligations; 34. the transcript must include evidence that the information reporting requirements of § 149(e) of the Internal Revenue Code will be satisfied. This requirement may be satisfied by filing an IRS Form 8038 with the Internal Revenue Service. In addition, the applicable completed IRS Form 8038 or other evidence that the information reporting requirements of § 149(e) have been satisfied must be provided to the Executive Administrator within fourteen (14) days of closing. The Executive Administrator may withhold the release of funds for failure to comply; 35. prior to closing, the Authority must submit executed contracts between the Authority and the contracting parties regarding the contract revenues pledged to the payment of the Authority's Obligations, in form and substance acceptable to the Executive Administrator. Such contracts shall include provisions consistent with the provisions of this Resolution regarding the contracting parties' annual audits, the setting of rates and charges and collection of revenues sufficient to meet the Authority's debt service obligations and additional parity obligations. Page 7 of 8 APPROVED and ordered of record this, the 27th day of July 2022. TEXAS WATER DEVELOPMENT BOARD &16 o �'.' ) - &'-� — Brooke T. Paup, Chairwoma a DATE SIGNED:au L Page 8 of 8 THE CITY OF manna City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Joey Grisham AGENDA ITEM: Approve a Resolution adopting an Interlocal Agreement for the collection of special assessments in the AnaCapri Public Improvement District Improvement Area No. 1. (Director of Economic Development Joey Grisham) SUMMARY: This Interlocal Agreement allows for the Collin County Tax Assessor/Collector to collect PID assessments for the AnaCapri Public Improvement District Improvement Area No. 1. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Approve. ATTACHMENTS: 1. AnaCapri No. 1 Resolution 2. AnaCapri Public Improvement District Improvement Area No. 1 APPROVALS: Joey Grisham, Director Economic Development Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY TAX ASSESSOR -COLLECTOR, COLLIN COUNTY, AND THE CITY OF ANNA FOR THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA NO. 1 COLLECTION SERVICES FOR THE CITY OF ANNA WHEREAS, the City of Anna determined that it was cost beneficial for the City to outsource the public improvement district assessment and collection operation of the City through the office of the Tax Assessor/Collector of Collin County; and WHEREAS, the City Council of the City of Anna, Texas, determined that the contract for public improvement district collection services set forth in "Exhibit A" is a fair and reasonable agreement for public improvement collection services for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement, attached hereto as Exhibit A, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of October 2022. ATTEST: Carrie L. Land, City Secretary APPROVED: Lee Miller, Mayor Pro Tern CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO PAGE 1 OF 1 ASSESSMENT COLLECTION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 25' day of October, 2022, by and between County of Collin (hereinafter called "County"), a political subdivision of the State of Texas, and the City of Anna's AnaCapri Public Improvement District Improvement Area No. 1; (here -after called "Assessment Entity"), a duly organized and existing PID, under the laws of the State of Texas, each acting herein by and through its duly authorized officials. RECITALS 1. The parties to this Agreement wish to consolidate the collection of the PID assessment into one agency, the Collin County Tax Assessor Collector. 2. The parties enter in this Agreement in order to eliminate the duplication of the system for collection of the PID assessment and to promote efficiency. 3. Therefore, under the authority of sections 6.23 and 6.24, Texas Property Tax Code and the Interlocal Cooperation Act, Texas Government Code Chapter 791 the parties agree as follows: SECTION 1 DEFINITIONS 1.01 Assessment Collection Services. The term "Assessment Collection Services" shall include preparation and mailing of the PID Assessments, assessed by the Assessment Entity, correction of found clerical errors in assessments, collection of assessment liabilities, maintenance of a list of delinquent assessments, and issuance of refunds. Assessment Collection Services do not include appraisal of property. 1.02 Current Assessments. The term "Current Assessments" shall mean those assessments legally due and payable to the Assessment Entity without penalty and interest. 1.03 Delinquent Assessments. The term "Delinquent Assessments" shall mean the property assessments that have not been paid to the Assessment Entity on or before January 31st of any given year and on which penalty and interest are now due. SECTION 2 TERM 2.01 Term. The term of this Agreement shall commence on October 25, 2022 and shall continue in full force and effect until September 30, 2023. Thereafter, Page 1 of 9 this Agreement shall automatically renew annually for an additional one (1) year term without the necessity of any action by the parties. 2.02 Termination. Either party may terminate this Agreement by giving ninety (90) Days written notice to the other party. SECTION 3 SERVICES 3.01 Services to be Performed. The County agrees to provide assessment collection services to the Assessment Entity. The Assessment Entity agrees that all collections, assessments, penalties, interest, and attorney fees are to be in accordance with the Texas State Property Tax Code, as amended. The county's delinquent tax attorney will represent the interests of the Assessment Entity. 3.02 Tax Bills. By August 31 st of each year the Assessment Entity shall provide the County with the Assessment Roll and a copy of the Resolution/Ordinance adopting the annual fixed rate assessment for that year. Failure to supply the Assessment Roll for any given year by said date, will result in a late processing fee of Five Thousand Dollars ($5,000.00) plus an additional per statement fee, equal to the costs of printing and mailing all statements. The County agrees to prepare consolidated tax and assessment bills for each taxpayer. The tax bill shall include taxes and assessments owed to all taxing units to which the taxpayer owes taxes and assessments, except those units which have not been contracted with the County for tax collection services. The County will mail such tax and assessment bills to the property located within the Assessment Entity by October 1st of each year, or as soon thereafter as practicable. The Assessment Roll should be in the format as required by the Tax Assessor Collector. It shall be delivered to the Tax Assessor Collector and the Property Tax Collection Supervisor via e-mail. The annual Assessment Roll is to be accompanied by the Governing Body's Resolution/Ordinance for the assessment. SECTION 4 PAYMENTS 4.01 Rate of Payment. The Assessment Entity shall pay the County for Assessment Collection Services at a rate of Five Hundred Dollars Page 2 of 9 ($500.00) per year, and Three Dollars ($3.00) per non-exempt parcel per year for parcels on the Assessment Entity's tax roll during the term of this Agreement plus any late processing fees and other required services, as indicated in Section 3.02 and section 7, If there is a fee from the property tax software provider for setting up the entity and loading the file in the first year of the contract, the fee would be paid by the Assessment Entity. 4.02 Method of Payment. The County shall withhold from the assessment collected under this Agreement the amount of money necessary to pay for assessment collection services at the rate indicated in Section 4.01 from the December collections. The Assessment Entity shall not be entitled to receive any assessments collected for a tax year until the County has withheld the total amount of compensation under Section 4.01 for that year. 4.03 Proration of Payment. If this Agreement is terminated during the original term or any annual term prior to the time that the County has withheld sufficient funds pursuant to Section 4.02 to aggregate the amount of payment set forth in Section 4.01, the County's compensation for assessment collection services for the original term or a renewed term shall equal the amount set forth in Section 4.01, if the tax statement, including the assessment for the year, has been printed. SECTION 5 REMITTANCE OF COLLECTION The assessment collected by the County for the Assessment Entity shall be remitted to the Assessment Entity after the proper amount of payment, as set out in Section 4, and any taxpayer refunds have been withheld. Assessments collected shall be remitted to the Assessment Entity within seven (7) days from the date they are received by the County Tax Office. SECTION 6 ADMINISTRATIVE PROVISIONS 6.01 Records. The Assessment Entity, or its representatives designated in writing, upon reasonable notice is authorized to examine the records to be kept by the County in the performance of this Agreement at mutually convenient times and intervals. Such books and records will be kept in the offices of the Collin County Tax Assessor Collector. Page 3 of 9 6.02 Assessment Entity Records. The Assessment Entity agrees to transfer to the possession and control of the County, without charge, copies of all records necessary for the performance of the duties and responsibilities of the County pursuant to this Agreement. These records shall include all assessment records, including assessment rolls or records available to the Assessment Entity, as required by the County Tax Assessor Collector. 6.03 Surety Bond. If the Assessment Entity requires the County to obtain a surety bond for the Tax Assessor Collector, the Assessment Entity agrees to pay the premium for such bond. 6.04 Audits. The County, upon reasonable notice, agrees to allow an audit of the assessment records at a mutually convenient time. A copy of the audit results shall be furnished to the County. The Assessment Entity will pay the cost of the audit. 6.05 Deposits of Assessments. The County agrees to deposit assessments collected under this Agreement into such depository as is designated by the Assessment Entity in writing. 6.06 Assessment Entity Contacts: The name, phone number, and e-mail address of a person who can answer taxpayer's questions about the Assessing Entity and assessments will be provided to the Collin County Tax Assessor - Collector within ten (10) business days from the execution of this Agreement. The name, phone number and e-mail address of a person who can answer the Tax Assessor Collector, or their staff, questions relating to the fund transfers, and other operational topics will be provided to the Collin County Tax Assessor -Collector within ten (10) business days from the execution of this Agreement. SECTION 7 CORRECTED BILLING SERVICES In the event that the Assessment Entity's fixed rate assessment changes after the County begins collections for the Assessment Entity in any given year, the County will continue to act for the Assessment Entity in providing refunds to taxpayers or sending corrected billings. A change Page 4 of 9 in the Assessment Entity's fixed rate assessment will result in a late processing fee, that may be in addition to any applicable late processing fee pursuant to Section 3.02, of Five Thousand Dollars ($5,000.00), plus an additional per statement fee, equal to the costs of printing and mailing all statements. The Assessment Entity will provide to the County, a corrected Ordinance approving any changes to the fixed rate assessment or assessment roll. SECTION 8 REFUNDS Refunds to property owners authorized by the Assessment Entity will be made on the same check for all taxing units contracting for tax and assessment collection services. Circumstances on which refunds may be based include, but are not limited to; clerical errors, and overpayments. The amounts refunded by the County for the Assessment Entity shall be paid by the County from assessment collections on hand for the Assessment Entity after the County's compensation is withheld pursuant to Section 4 of this Agreement. If assessment collections for the Assessment Entity in the County's possession are insufficient to pay for a refund, the County shall notify the Assessment Entity of the deficiency, and the deficiency amount shall be paid by the Assessment Entity to the County within fourteen (14) days of notification of the amount due. The County shall not be obligated to pay a refund unless it has sufficient Assessment Entity assessment collections in its possession to pay the refund or the Assessment Entity has paid to the County sufficient funds to cover the deficiency. The Assessment Entity agrees that any payment(s) that it is required to make under this section shall be made out of the Assessment Entity's current revenues. SECTION 9 MISCELLANEOUS PROVISIONS 9.01 Liability. To the extent allowed by law, any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the Assessment Entity. The parties agree that the County shall be acting only as the agent for the Assessment Entity in performing the services contemplated by this Agreement. THE ASSESSMENT ENTITY SHALL HOLD THE COUNTY FREE AND HARMLESS Page 5 of 9 FROM ANY OBLIGATION, COSTS, CLAIMS, JUDGMENTS, ATTORNEYS' FEES, AND OTHER SUCH LIABILITIES ARISING FROM OR GROWING OUT OF THE SERVICES RENDERED TO THE ASSESSMENT ENTITY PURSUANT TO THE TERMS OF THIS AGREEMENT OR IN ANY WAY CONNECTED WITH THE RENDERING OF SAID SERVICES, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE COUNTY. 9.02 Controlling Law. This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. Exclusive venue for any action taken relative to this Agreement shall be in Collin County. 9.03 Sovereign Immunity. It is expressly understood and agreed that, in the execution of this Agreement, neither the County nor Assessment Entity waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9.04 Amendments. This Agreement shall not be amended or modified other than in a written Agreement signed by the parties. 9.05 Notices. (a) Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, with proper postage prepaid or when delivered in person. (b) All communications provided for in this Agreement shall be addressed as follows: (ii) if to the County, to: County Administrator Bill Bilyeu Collin County 2300 Bloomdale Road, Suite 4192 McKinney, Texas 75071 Page 6 of 9 With a correspondence copy to the Tax Assessor Collector, 2300 Bloomdale Road, Suite, 2366, P.O. Box 8006, McKinney, Texas 75070- 8006. (ii) if to the Assessment Entity, to: Mayor Pro Tern Lee Miller City of Anna 120 W. 71" Street Anna, Texas 75409 or to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9.05. 9.06 Parties Bound. This Agreement may not be assigned and shall be binding upon the parties, their heirs, executors, legal representatives, and successors. 9.07 Copies. This Agreement is executed in multiple copies, any one of which, or a true copy thereof, shall have the same evidentiary value. 9.08 Integration. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof. 9.09 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of the Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement forthwith, upon the delivery of written notice of termination to the other party. Page 7 of 9 9.10 Captions. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. 9.11 Obligations of Condition. All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under the Agreement. 9.12 Exclusive Right to Enforce This Agreement. The County and the Assessment Entity have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY- SIGNATURES ON FOLLOWING PAGE] Page 8 of 9 EXECUTED at McKinney, Texas on the day and year first written above. COLLIN COUNTY, TEXAS Judge Chris Hill M Title: County Judge of Collin County Date: AnaCapri Public Improvement District Improvement Area No. 1 Lee Miller Title: Mayor Pro Tem, City of Anna Date: COLLIN COUNTY, TEXAS Kenneth L. Maun 31 Title: Tax Assessor Collector of Collin County Date: Page 9 of 9 THE CITY OF manna Item No. 6.f. City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Joey Grisham AGENDA ITEM: Approve a Resolution adopting an Interlocal Agreement for the collection of special assessments in the AnaCapri Public Improvement District Improvement Area No. 2A. (Director of Economic Development Joey Grisham) SUMMARY: This Interlocal Agreement allows for the Collin County Tax Assessor/Collector to collect PID assessments for the AnaCapri Public Improvement District Improvement Area No.2A. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Approve. ATTACHMENTS: 1. AnaCapri No. 2A Resolution 2. AnaCapri Public Improvement District Improvement Area No. 2A APPROVALS: Joey Grisham, Director Economic Development Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY TAX ASSESSOR -COLLECTOR, COLLIN COUNTY, AND THE CITY OF ANNA FOR THE ANACAPRI PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA NO. 2A COLLECTION SERVICES FOR THE CITY OF ANNA WHEREAS, the City of Anna determined that it was cost beneficial for the City to outsource the public improvement district assessment and collection operation of the City through the office of the Tax Assessor/Collector of Collin County; and WHEREAS, the City Council of the City of Anna, Texas, determined that the contract for public improvement district collection services set forth in "Exhibit A" is a fair and reasonable agreement for public improvement collection services for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the Interlocal Agreement, attached hereto as Exhibit A, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25th day of October 2022. ATTEST: Carrie L. Land, City Secretary APPROVED: Lee Miller, Mayor Pro Tern CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO PAGE 1 OF 1 ASSESSMENT COLLECTION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 25' day of October, 2022, by and between County of Collin (hereinafter called "County"), a political subdivision of the State of Texas, and the City of Anna's AnaCapri Public Improvement District Improvement Area No. 2A; (here -after called "Assessment Entity"), a duly organized and existing PID, under the laws of the State of Texas, each acting herein by and through its duly authorized officials. RECITALS 1. The parties to this Agreement wish to consolidate the collection of the PID assessment into one agency, the Collin County Tax Assessor Collector. 2. The parties enter in this Agreement in order to eliminate the duplication of the system for collection of the PID assessment and to promote efficiency. 3. Therefore, under the authority of sections 6.23 and 6.24, Texas Property Tax Code and the Interlocal Cooperation Act, Texas Government Code Chapter 791 the parties agree as follows: SECTION 1 DEFINITIONS 1.01 Assessment Collection Services. The term "Assessment Collection Services" shall include preparation and mailing of the PID Assessments, assessed by the Assessment Entity, correction of found clerical errors in assessments, collection of assessment liabilities, maintenance of a list of delinquent assessments, and issuance of refunds. Assessment Collection Services do not include appraisal of property. 1.02 Current Assessments. The term "Current Assessments" shall mean those assessments legally due and payable to the Assessment Entity without penalty and interest. 1.03 Delinquent Assessments. The term "Delinquent Assessments" shall mean the property assessments that have not been paid to the Assessment Entity on or before January 31s' of any given year and on which penalty and interest are now due. SECTION 2 TERM 2.01 Term. The term of this Agreement shall commence on October 25, 2022 and shall continue in full force and effect until September 30, 2023. Thereafter, Page 1 of 9 this Agreement shall automatically renew annually for an additional one (1) year term without the necessity of any action by the parties. 2.02 Termination. Either party may terminate this Agreement by giving ninety (90) Days written notice to the other party. SECTION 3 SERVICES 3.01 Services to be Performed. The County agrees to provide assessment collection services to the Assessment Entity. The Assessment Entity agrees that all collections, assessments, penalties, interest, and attorney fees are to be in accordance with the Texas State Property Tax Code, as amended. The county's delinquent tax attorney will represent the interests of the Assessment Entity. 3.02 Tax Bills. By August 31 st of each year the Assessment Entity shall provide the County with the Assessment Roll and a copy of the Resolution/Ordinance adopting the annual fixed rate assessment for that year. Failure to supply the Assessment Roll for any given year by said date, will result in a late processing fee of Five Thousand Dollars ($5,000.00) plus an additional per statement fee, equal to the costs of printing and mailing all statements. The County agrees to prepare consolidated tax and assessment bills for each taxpayer. The tax bill shall include taxes and assessments owed to all taxing units to which the taxpayer owes taxes and assessments, except those units which have not been contracted with the County for tax collection services. The County will mail such tax and assessment bills to the property located within the Assessment Entity by October 1st of each year, or as soon thereafter as practicable. The Assessment Roll should be in the format as required by the Tax Assessor Collector. It shall be delivered to the Tax Assessor Collector and the Property Tax Collection Supervisor via e-mail. The annual Assessment Roll is to be accompanied by the Governing Body's Resolution/Ordinance for the assessment. SECTION 4 PAYMENTS 4.01 Rate of Payment. The Assessment Entity shall pay the County for Assessment Collection Services at a rate of Five Hundred Dollars Page 2 of 9 ($500.00) per year, and Three Dollars ($3.00) per non-exempt parcel per year for parcels on the Assessment Entity's tax roll during the term of this Agreement plus any late processing fees and other required services, as indicated in Section 3.02 and section 7, If there is a fee from the property tax software provider for setting up the entity and loading the file in the first year of the contract, the fee would be paid by the Assessment Entity. 4.02 Method of Payment. The County shall withhold from the assessment collected under this Agreement the amount of money necessary to pay for assessment collection services at the rate indicated in Section 4.01 from the December collections. The Assessment Entity shall not be entitled to receive any assessments collected for a tax year until the County has withheld the total amount of compensation under Section 4.01 for that year. 4.03 Proration of Payment. If this Agreement is terminated during the original term or any annual term prior to the time that the County has withheld sufficient funds pursuant to Section 4.02 to aggregate the amount of payment set forth in Section 4.01, the County's compensation for assessment collection services for the original term or a renewed term shall equal the amount set forth in Section 4.01, if the tax statement, including the assessment for the year, has been printed. SECTION 5 REMITTANCE OF COLLECTION The assessment collected by the County for the Assessment Entity shall be remitted to the Assessment Entity after the proper amount of payment, as set out in Section 4, and any taxpayer refunds have been withheld. Assessments collected shall be remitted to the Assessment Entity within seven (7) days from the date they are received by the County Tax Office. SECTION 6 ADMINISTRATIVE PROVISIONS 6.01 Records. The Assessment Entity, or its representatives designated in writing, upon reasonable notice is authorized to examine the records to be kept by the County in the performance of this Agreement at mutually convenient times and intervals. Such books and records will be kept in the offices of the Collin County Tax Assessor Collector. Page 3 of 9 6.02 Assessment Entity Records. The Assessment Entity agrees to transfer to the possession and control of the County, without charge, copies of all records necessary for the performance of the duties and responsibilities of the County pursuant to this Agreement. These records shall include all assessment records, including assessment rolls or records available to the Assessment Entity, as required by the County Tax Assessor Collector. 6.03 Surety Bond. If the Assessment Entity requires the County to obtain a surety bond for the Tax Assessor Collector, the Assessment Entity agrees to pay the premium for such bond. 6.04 Audits. The County, upon reasonable notice, agrees to allow an audit of the assessment records at a mutually convenient time. A copy of the audit results shall be furnished to the County. The Assessment Entity will pay the cost of the audit. 6.05 Deposits of Assessments. The County agrees to deposit assessments collected under this Agreement into such depository as is designated by the Assessment Entity in writing. 6.06 Assessment Entity Contacts: The name, phone number, and e-mail address of a person who can answer taxpayer's questions about the Assessing Entity and assessments will be provided to the Collin County Tax Assessor - Collector within ten (10) business days from the execution of this Agreement. The name, phone number and e-mail address of a person who can answer the Tax Assessor Collector, or their staff, questions relating to the fund transfers, and other operational topics will be provided to the Collin County Tax Assessor -Collector within ten (10) business days from the execution of this Agreement. SECTION 7 CORRECTED BILLING SERVICES In the event that the Assessment Entity's fixed rate assessment changes after the County begins collections for the Assessment Entity in any given year, the County will continue to act for the Assessment Entity in providing refunds to taxpayers or sending corrected billings. A change Page 4 of 9 in the Assessment Entity's fixed rate assessment will result in a late processing fee, that may be in addition to any applicable late processing fee pursuant to Section 3.02, of Five Thousand Dollars ($5,000.00), plus an additional per statement fee, equal to the costs of printing and mailing all statements. The Assessment Entity will provide to the County, a corrected Ordinance approving any changes to the fixed rate assessment or assessment roll. SECTION 8 REFUNDS Refunds to property owners authorized by the Assessment Entity will be made on the same check for all taxing units contracting for tax and assessment collection services. Circumstances on which refunds may be based include, but are not limited to; clerical errors, and overpayments. The amounts refunded by the County for the Assessment Entity shall be paid by the County from assessment collections on hand for the Assessment Entity after the County's compensation is withheld pursuant to Section 4 of this Agreement. If assessment collections for the Assessment Entity in the County's possession are insufficient to pay for a refund, the County shall notify the Assessment Entity of the deficiency, and the deficiency amount shall be paid by the Assessment Entity to the County within fourteen (14) days of notification of the amount due. The County shall not be obligated to pay a refund unless it has sufficient Assessment Entity assessment collections in its possession to pay the refund or the Assessment Entity has paid to the County sufficient funds to cover the deficiency. The Assessment Entity agrees that any payment(s) that it is required to make under this section shall be made out of the Assessment Entity's current revenues. SECTION 9 MISCELLANEOUS PROVISIONS 9.01 Liability. To the extent allowed by law, any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the Assessment Entity. The parties agree that the County shall be acting only as the agent for the Assessment Entity in performing the services contemplated by this Agreement. THE ASSESSMENT ENTITY SHALL HOLD THE COUNTY FREE AND HARMLESS Page 5 of 9 FROM ANY OBLIGATION, COSTS, CLAIMS, JUDGMENTS, ATTORNEYS' FEES, AND OTHER SUCH LIABILITIES ARISING FROM OR GROWING OUT OF THE SERVICES RENDERED TO THE ASSESSMENT ENTITY PURSUANT TO THE TERMS OF THIS AGREEMENT OR IN ANY WAY CONNECTED WITH THE RENDERING OF SAID SERVICES, EXCEPT WHEN THE SAME SHALL ARISE BECAUSE OF THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE COUNTY. 9.02 Controlling Law. This Agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. Exclusive venue for any action taken relative to this Agreement shall be in Collin County. 9.03 Sovereign Immunity. It is expressly understood and agreed that, in the execution of this Agreement, neither the County nor Assessment Entity waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9.04 Amendments. This Agreement shall not be amended or modified other than in a written Agreement signed by the parties. 9.05 Notices. (a) Except as otherwise provided in this Agreement all notices required or permitted herein shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, with proper postage prepaid or when delivered in person. (b) All communications provided for in this Agreement shall be addressed as follows: (ii) if to the County, to: County Administrator Bill Bilyeu Collin County 2300 Bloomdale Road, Suite 4192 McKinney, Texas 75071 Page 6 of 9 With a correspondence copy to the Tax Assessor Collector, 2300 Bloomdale Road, Suite, 2366, P.O. Box 8006, McKinney, Texas 75070- 8006. (ii) if to the Assessment Entity, to: Mayor Pro Tern Lee Miller City of Anna 120 W. 711 Street Anna, Texas 75409 or to such person at such other address as may from time to time be specified in a notice given as provided in this Section 9.05. 9.06 Parties Bound. This Agreement may not be assigned and shall be binding upon the parties, their heirs, executors, legal representatives, and successors. 9.07 Copies. This Agreement is executed in multiple copies, any one of which, or a true copy thereof, shall have the same evidentiary value. 9.08 Integration. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the parties relating to the subject matter hereof. 9.09 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of the Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement forthwith, upon the delivery of written notice of termination to the other party. Page 7 of 9 9.10 Captions. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. 9.11 Obligations of Condition. All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under the Agreement. 9.12 Exclusive Right to Enforce This Agreement. The County and the Assessment Entity have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY- SIGNATURES ON FOLLOWING PAGE] Page 8 of 9 EXECUTED at McKinney, Texas on the day and year first written above. COLLIN COUNTY, TEXAS Judge Chris Hill M Title: County Judge of Collin County Date: AnaCapri Public Improvement District Improvement Area No. 2A Lee Miller By: Title: Mayor Pro Tem, City of Anna Date: COLLIN COUNTY, TEXAS Kenneth L. Maun 31 Title: Tax Assessor Collector of Collin County Date: Page 9 of 9 THE CITY OF Anna AGENDA ITEM: Item No. 6.g. City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Gregory Peters Resolution selecting CIP roadway submittals for Collin County Bond Call for Projects. (Director of Public Works Greg Peters, P.E.) SUMMARY: In 2018, Collin County voters approved a Bond Election to fund roadway improvements throughout the County. Coillin County is currently holding a call for city projects, whereby cities within the county may submit a request for project funding. The City of Anna has many roadway improvement needs throughout the city. The City has reviewed the guidelines and scoring criteria for the call for projects as provided by Collin County in order to identify the projects most likely to receive County funding. The City has identified Rosamond Parkway and Leaonard Avenue as the two projects most likely to receive the highest scores based on the County scoring criteria they provided. Both of these projects are community and area needs, and they provide critical transportation and pedestrian routes to major population centers and major Anna ISD school facilities within the City of Anna. Based on population, if a project is selected in Anna, the County match ratio will be 70/30, with the County providing 70% of the required project funds. The City will be responsible for providing 30% of the required project funds. Once approved, the City will submit both projects for County consideration on or before October 31, 2022. The County expects to complete their selection process in the spring of 2023. FINANCIAL IMPACT: If approved, the City will provide funding for the projects through Roadway Impact Fees. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. Res. Collin County 2022 Call for Projects 2. Leonard Avenue Project Location Map 3. Rosamond Parkway Project Location Map APPROVALS: Gregory Peters, Director of Public Works Created/Initiated - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT ROSAMOND PARKWAY AND LEONARD AVENUE ROADWAY IMPROVEMENTS FOR CONSIDERATION IN THE 2022 COLLIN COUNTY CALL FOR CITY PROJECTS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collin County voters approved a Bond Election in 2018 to fund roadway improvements throughout Collin County and, WHEREAS, Collin County is currently inviting all Collin County cities to submit thoroughfare improvement projects for possible funding from Collin County's 2018 Bond Program in their 2022 Call for City Projects; and, WHEREAS, the City of Anna supports and agrees to cooperate with Collin County and other cities in Collin County on regional issues and priorities such as freeways and the improvement of roadways in the City Limits of Anna, Texas which benefit the surrounding area and other cities; and, WHEREAS, the City has identified two arterial roadways, Rosamond Parkway and Leonard Avenue, which are included in the Collin County and City of Anna Master Thoroughfare Plans to be future 6-lane roadways for submittal to Collin County for their 2022 Call for City Projects; and, WHEREAS, the City herby agrees and is able to fully fund the required City match for both projects if selected by Collin County; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby approves the selection of Rosamond Parkway and Leonard Avenue for submittal on the Collin County 2022 Call for City Projects and authorizes the City Manager to submit all required documents to Collin County for consideration of both projects. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of 12022. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike Rosamond Parkway aow yam• �s�«� ,f � "� T ��-^� � t If 4 IF ' Leonard Avenue Extension t TaK jr "s_ Collin County Outer Loop � � ter:.. • -y"� � �� Leonard Avenue Extension S School 3 t. Rosamond Parkway k A I I NO J11.1- 1 G, -Df AW Anna High School tL Ok THE CITY OF Anna City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Alan Guard AGENDA ITEM: Approve a Resolution making revisions to the Investment Policy. (Finance Director Alan Guard) SUMMARY: It is recommended that the City Council approve a resolution making revisions to the City's Investment Policy. The City of Anna, per the Investment Policy, is required to revisit, revise, and adopt the Investment Policy each year. The City Council recently approved certain revisions that brought the policy fully into compliance with the guidelines as established by the Government Treasurers of Texas (GTOT). Since that time, the position of Accounting Manager has been changed to Assistant Finance Director. That is the only change that is reflected in this update, but it is necessary for the City to be in compliance. The Assistant Finance Director will be taking the required PFIA training in December of 2022. FINANCIAL IMPACT: NA STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: HIGH PERFORMING, PROFESSIONAL CITY. STAFF RECOMMENDATION: Staff recommends City Council adopt the resolution. ATTACHMENTS: 1. City of Anna - Investment Policy - 10-25-2022 Clean 2. Resolution Amending Investment Policy 10_25_2022 APPROVALS: Alan Guard, Director of Finance Created/Initiated - 10/17/2022 Carrie Land, City Secretary Approved - 10/17/2022 Jim Proce, City Manager Final Approval - 10/20/2022 City of Anna, Texas Investment Policy THE CITY OF October 25, 2022 TABLE OF CONTENTS I. Policy.......................................................................................................................3 II. Scope.......................................................................................................................3 III. Investment Objective and Strategy....................................................................... 3 A. Preservation and Safety of Principal............................................................... 4 B. Liquidity.............................................................................................................4 C. Public Trust....................................................................................................... 4 D. Yield................................................................................................................... 5 E. Strategy..............................................................................................................5 IV. Standards of Care................................................................................................... 6 A. Prudence............................................................................................................6 B. Ethics and Conflict of Interest......................................................................... 6 C. Delegation of Authority..................................................................................... 7 D. Internal Control................................................................................................. 7 V. Authorized Investments and Parameters............................................................. 8 A. Authorized Investments.......................................................................................................8 B. Prohibited Investments..................................................................................... 9 C. Investments with Required Ratings................................................................ 9 D. Diversification................................................................................................... 9 E. Maximum Maturity........................................................................................... 10 F. Exemption for Existing Investments............................................................. 10 VI. Selection of Banks and Dealers.......................................................................... 10 A. Depository....................................................................................................... 10 B. Authorized Brokers/Dealers........................................................................... 11 C. Competitive Bid............................................................................................... 11 D. Delivery vs. Payment...................................................................................... 11 VII. Custodial Credit Risk Management.................................................................... 11 A. Safekeeping and Custody.............................................................................. 11 B. Collateral ization .............................................................................................. 12 Vill. Reporting.............................................................................................................. 13 IX. Investment Policy and Adoption......................................................................... 13 X. Financial Glossary................................................................................................ 13 2 1 P a g e INVESTMENT POLICY I. POLICY The City will conform to all federal, state, and local statutes, rules, and regulations governing the investment policy of the City of Anna (the "City"). It is the City's policy to administer and invest its funds in a manner that will preserve the principal, maintain liquidity, and optimize earnings while meeting the daily cash flow requirements of the of the City and the guidelines to be followed in achieving its objectives. The City's policy is to hold investments to maturity; however, securities may be sold in order to minimize the potential loss of principal and interest whose credit quality has declined; or to meet unanticipated liquidity needs of the City. The policy and strategy shall be reviewed by the Investment Committee and City Council at least annually. Any modifications will be formally approved by the City Council. The investment policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of the Texas Government Code Chapter 2256. The investment policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of the City's funds. II. SCOPE This policy applies to all financial assets and investment activities of all current funds of the City of Anna, Texas and any new funds created in the future, unless specifically exempt or excluded hereafter, will be administered in accordance with the objectives and restrictions set forth in this Investment Policy. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund, Special Revenue Funds, Grant Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Trust Funds, and the City's component units. This policy does not apply to the assets administered for the benefit of the City by outside agencies under deferred compensation programs, retirement programs, or defeased bonds held in trust escrow accounts. Except for cash in certain restricted and special funds, the City of Anna will combine cash balances from all funds in a pooled fund group to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. In addition, all the bond fund proceeds (to include capital projects, debt service and reserve funds) will be managed by the governing debt ordinance and the provisions of the Internal Revenue Code of 1986 applicable to the issuance of tax-exempt obligations and the investment of debt proceeds. III. INVESTMENT OBJECTIVE AND STRATEGY The primary objectives of the City of Anna's investment activities, listed in priority order, shall be as follows: 3 1 P a g e A. Preservation and Safety of Principal Preservation and safety of principal is the foremost objective of the City. Each investment transaction shall seek first to ensure that capital losses are avoided, whether they are from issuer defaults, erosion of market value, or other risks. The objectives will be to mitigate credit and interest rate risk. i. Credit Risk and Concentration of Credit Risk — The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: • Limiting investments to the types listed in safest types of investments, • Pre -qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business, and • Diversifying the investment portfolio so that potential losses on individual securities will be minimized. ii. Interest Rate Risk — The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: • Limiting investments to the safest types of investments, • Limiting maximum weighted average maturity of the investment portfolio to 365 days, • Structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations, thereby avoiding the need to liquidate investments prior to maturity, and • Diversify maturities and staggering purchase dates to minimize the impact of market movements over time. B. Liquidity The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that can be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demand cannot be anticipated, a portion of the portfolio will be invested in money market funds that seek a stable $1.00 NAV or local government investment pools that offer same -day liquidity for short-term needs. C. Public Trust All employees involved in the City's investment program shall seek to act responsibly as custodians of the public trust. Investment Officers shall at all times be cognizant of the standard of care and investment objectives and shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. 4 1 P a g e owdM_ S The investment portfolio of the City shall be designed to attain a market rate of return throughout budgetary and economic cycles taking into account risk constraints and liquidity needs. Return on investment, while important, is of less importance than safety and liquidity. The investment portfolio shall be designed with the objective of regularly exceeding the average rate of return on a six-month U.S. Treasury Bill. Funds held for future capital projects will be invested in securities that can reasonably be expected to produce enough income to offset inflationary costs increases. However, such funds will never be unduly exposed to market price risks that will jeopardize that asset's availability to accomplish their stated goal or be invested in a matter inconsistent with applicable federal and state regulations. Yields on debt proceeds that are not exempt from federal arbitrage regulations are limited to the arbitrage yield of the debt obligation. Investment officials will seek to preserve principal and maximize the yield of these funds in the same manner as all other City funds. However, it is understood that if the yield achieved by the City is higher than the arbitrage yield, positive arbitrage income will be averaged over a five-year period and netted against any negative arbitrage income and the positive arbitrage amount shall be rebated to the federal government as required by current regulations. E. Strategy The City maintains pooled investments which are an aggregation of the majority of City funds including tax receipts, enterprise funds, fine and fee revenues, special revenues, grants, and non -bond capital project funds. This portfolio is maintained to meet anticipated daily cash needs for City operations and capital projects. The objectives of this portfolio are to ensure safety of principal; ensure adequate investment liquidity; limit market and credit risk through diversification; and attain a market rate of return in accordance with the objectives and restrictions set for in this Policy. All investments will be of high quality with no perceived default risk. Operating Funds — Operating Funds generally have greater cash flow needs than other types of funds and therefore require the greatest short-term liquidity of the Fund types. Investment strategies for operating funds and commingled pools containing funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing quality, short to medium term securities which will complement each other in a laddered structure. Of utmost importance is the preservation and safety of the investment principal. 5 1 P a g e ii. Debt Service Funds — Investment strategies for Debt Service Funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. Surplus funds outside the debt service dates will be invested according to the investment guidelines for operating funds. iii. Capital Project Funds and Special Purpose Funds — The investment objective of capital project funds is to schedule maturities to maximize investment earnings while preserving principal. Funds for capital projects or special purposes should allow for flexibility and unanticipated project outlays by having a portion of their investments in highly liquid securities. The key to an effective strategy is to be aware of project needs and match maturities to the period funds. The stated final maturity dates of securities held should not exceed the estimated project completion date. IV. STANDARDS OF CARE A. Prudence The standard of prudence to be used by investment officers shall be the "prudent person" rule. This rule states that "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived". The determination of whether an investing officer has exercised prudence with respect to an investment decision shall be applied in the context of managing an overall portfolio rather than a consideration as to the prudence of a single transaction. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control unfavorable developments. B. Ethics and Conflict of Interest Each Investment Officer shall act as custodian of the public trust avoiding any transaction which might involve a conflict of interest, the appearance of a conflict of interest, or any activity which might otherwise discourage public confidence. An Investment Officer shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair his/her ability to make impartial investment decisions. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio and shall refrain from 6 1 P a g e undertaking personal investment transactions with any individual with whom business is conducted on behalf of the City of Anna. Additionally, an Investment Officer shall file with the Texas Ethics Commission and the City Council a statement disclosing any material interest they hold in financial institutions with which they conduct business with on behalf of the City or any relationship with an entity seeking to sell investments to the City or any relationship with the second degree by affinity or consanguinity to an individual seeking to sell investments to the City as determined under Chapter 573 of the Texas Government Code. C. Delegation of Authority Investment Officers and Training - The Assistant City Manager, Finance Director, and Assistant Finance Director shall be the Investment Officers. The Investment Officers shall oversee and approve any deposit, withdrawal, investment, transfer, documentation, and otherwise manage City funds according to this Policy. No person may engage in an investment transaction or the management of funds except as provided under the terms of the Investment Policy, the Statement of Investment Strategy, and other operational procedures established by the Finance Director. As stipulated in the PFIA Chapter 2256.008, in order to ensure qualified and capable investment management, within twelve (12) months after taking office or assuming duties, each Investment Officer shall attend training relating to his/her investment responsibilities and accumulate not less than ten (10) hours of instruction. On an ongoing basis, all Investment Officers shall receive not less than eight (8) hours of instruction in each subsequent two-year period that begins on the first day of the City's fiscal year and consists of the two consecutive fiscal years after that date. Training will be conducted by an independent source approved by the Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with the Public Funds Investment Act. ii. Investment Committee - The Committee shall monitor the investment activities; assist in the development of investment policies, strategies and procedures; and annually review and approve the City's broker/dealers and independent training sources. D. Internal Control The Finance Director will establish and maintain a system of internal controls to ensure that the assets are protected from loss, theft, or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and judgement by management. 7 1 P a g e Accordingly, the Finance Director shall establish a process for an independent review by an external officer to assure compliance with policies and procedures. This annual compliance is required by the "Public Funds Investment Act" (PFIA) [Section 2256.005m]. Controls deemed most important include, but are not limited to: • Control of collusion • Separation of duties • Separating transaction authority from accounting and record -keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority • Documentation of transactions • Dual authorization of fed wire transfers • Compliance with investment policies • Accurate and timely investment reports • Documentation of investment bidding V. AUTHORIZED INVESTMENTS AND PARAMETERS A. Authorized Investments Funds of the City may be invested in the following instruments described below consistent with Chapter 2256 of the State of Texas Government Code, known as the "Public Funds Investment Act" (PFIA) and as authorized by this policy. Investments not specifically listed below will not be permitted by policy. 1. Obligations of the United States government or its agencies and instrumentalities, including the Federal Home Loan Banks. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this State or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 3. Direct obligations of this State or its agencies and instrumentalities. 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by at least one nationally recognized rating firm not less than A or its equivalent. 5. Certificates of Deposit, and other forms of deposit, issued in compliance with the PFIA, and insured by the FDIC, or when applicable, collateralized in accordance with this Policy and the Public Funds Collateral Act that are issued by a depository institution that has its main office or a branch office in the state of Texas. 6. Repurchase agreements, with the execution of a Master Repurchase Agreement, placed and secured in compliance with the PFIA and, collateralized 8 1 P a g e with a minimum market value of 102% of the dollar value of the transaction plus accumulated accrued interest. 7. SEC -registered, AAAm, or its equivalent, (as rated by Fitch, Moody's or Standard & Poor's), no-load money market mutual funds. The investment objective of the fund must be to maintain a stable dollar net asset value of $1.0000. The City may not invest funds under its control in an amount that exceeds 10% of total assets of any individual money market mutual fund. A fund prospectus shall be reviewed for compliance with this Policy prior to depositing monies. 8. Interest bearing checking accounts that are fully collateralized at 102% of the ledger balance less the amount insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund or their respective successors. 9. Local government investment pools which meet the requirements of Chapter 2256.016 of the Public Funds Investment Act, are rated no lower than AAA or an equivalent rating by at least one nationally recognized rating service, seek to maintain a $1.00 net asset value, and are authorized by resolution or ordinance by the City Council. B. Prohibited Investments The Investment Officers shall not knowingly permit City funds to be invested with any of the following investment instruments that are strictly prohibited: 1. Options trading or futures contracts 2. Hedging or purchasing any security that is not authorized by Texas State law 3. Any investment in asset backed or mortgage -backed securities 4. Any other restricted instruments or limitations that involve outright speculation. C. Investments with Required Ratings If an investment is downgraded below minimum required ratings, the city will take all prudent measures to liquidate the investment. D. Diversification In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. When appropriate and applicable, diversification by investment type shall be maintained by ensuring an active and efficient secondary market in portfolio investments, and by controlling the market and opportunity risks associated with specific investment types. Undue concentrations of assets in a specific maturity sector shall be avoided. Bond proceeds may be invested to comply with Federal arbitrage restrictions or to facilitate arbitrage record -keeping and calculation. 9 1 P a g e In establishing specific diversification strategies, the following general policies and constraints shall apply: 1. Portfolio maturities and potential call dates shall be staggered in a way that protects interest income from volatility of interest rates and avoids undue concentration of securities from a specific maturity or callable sector. Securities shall be selected which provide for stability of income and reasonable liquidity. 2. Continuously investing a portion of the portfolio in readily available funds such as government investment pools, money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. The Investment Officers shall conduct a quarterly review of these diversification guidelines and shall evaluate the probability of market and default risk in various instrument sectors as part of its consideration. E. Maximum Maturity To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities more than three (3) years from the date of purchase. The composite portfolio will have a weighted average maturity of 365 days or less. This dollar weighted average maturity will be calculated using the stated maturity date(s) of each security. F. Exemption for Existing Investments Any investment currently held that does not meet the guidelines of this policy, but was authorized at the time of purchase, shall be exempted from the requirements of this policy and investment officers shall not be required to liquidate the investment. At Maturity or liquidation, such monies shall be reinvested only as provided by this policy. VI. SELECTION OF BANKS AND DEALERS A. Depository At least once every five years, a qualified depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal and be consistent with state law. In selecting depositories, the service cost, hours of operation, yield on deposits, credit worthiness, location of depository, ability to meet service requirements and banking relationship of the institutions shall be considered. All depository balances shall be insured or collateralized in compliance with applicable State law. The City reserves the right, in its sole discretion, to accept or reject any form of insurance or collateral ization pledged towards depository deposits. Depositories will be required to sign a Depository Agreement with the 10 1 Page City. The Agreement shall address any concerns in relation to acceptable collateral, levels of collateral, substitution and addition of collateral, and reporting and monitoring of collateral. The collateralized deposit portion of the Agreement shall define the City's rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: • The Agreement must be in writing, • The Agreement must be executed by the Depository and the City contemporaneously with the acquisition of the asset, • The Agreement must be approved by the Board of Directors or Designated Committee of the Depository and a copy of the meeting minutes must be delivered to the City, and • The Agreement must be part of the Depository's "official record" continuously since its execution. B. Authorized Brokers/Dealers Brokers and dealers are approved by the Investment Committee. At least once annually, the Committee will review, revise, and adopt a list of qualified banks, brokers, and dealers that are authorized to engage in investment transactions with the City. Evaluation of security dealers and financial institutions are based upon (1) Financial conditions, strength, and capability to fulfill commitments; (2) overall reputation with other dealers or investors (3) regulatory status of the dealer; and (4) background and expertise of the individual representatives. All brokers and dealers must be on the approved list in order to transact business with the City. All local government investment pools and discretionary investment management firms must sign a certification acknowledging that the organization has received and reviewed the City's Investment Policy, and that reasonable procedures and controls have been implemented to preclude investment transactions that are not authorized by the City's Policy. C. Competitive Bid It is the policy of the City to require competitive bidding for all individual security purchases except for money market mutual funds and local government investment pools, which are deemed to be made at prevailing market rates. All other securities will be competitively bid with at least three competitive offers or bids. D. Delivery vs. Payment All investment transactions, except local government investment pools and mutual funds, must be settled on a delivery versus payment basis. That is, funds shall not 1113age be released or paid until verification has been made that the collateral or security was received by the Trustee or custodian. VII. CUSTODIAL CREDIT RISK MANAGEMENT A. Safekeeping and Custody Safekeeping and custody of securities and collateral shall be in accordance with state law. The City shall contract with a bank or banks for the safekeeping of securities either owned by the City as part of its investment portfolio or held as collateral to secure financial institution deposits. Securities owned by the City shall be held in the City's account as evidenced by safekeeping receipts of the institution holding the securities. Safekeeping institutions shall be independent from the parties involved in the investment transaction. Collateral will be held by a third -party custodian designated by the City, the Federal Reserve Bank, branch of the Federal Reserve Bank, or a Federal Home Loan Bank and pledged to the City as evidenced by pledge receipts of the institution with which the collateral is deposited. The original copy of the safekeeping receipt shall be delivered to the City. B. Collateral ization All time and demand deposits and repurchase (and reverse) agreements shall be secured by pledged collateral with a market value equal to or not less than 102% of the deposits plus accrued interest less an amount insured by the FDIC and evidenced by original safekeeping receipts. Evidence of the pledged collateral shall be maintained by the Finance Director or designee and held by an independent party with whom the City has a current custodial agreement with. Any substitutions of collateral must meet the requirements of the Public Funds Collateral Act, Public Funds Investment Act and this investment policy. Substitution of collateral must be approved by at least one Investment Officer of the City. Written notice must be provided to the bank or safekeeping agent prior to any security release. Collateral shall be reviewed on a monthly basis to ensure the market value of the securities pledged equals or exceeds the related time and deposit accounts or repurchase (and reverse) agreements. The City of Anna shall accept only the following securities as collateral: • FDIC Insurance coverage • Direct obligations of the United States or other obligations of the United States, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the United States 121Page • Direct debt obligations of an agency or instrumentality of the United States • Direct debt of states, agencies, counties, cities, and other political subdivisions of any state rate as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent. • Letter of credit issued to the City by the Federal Home Loan Bank • Other securities specifically authorized by the Investment Committee and this Investment Policy The City expressly prohibits the acceptance of Interest -only (10) and Principal -only (PO) Collateralized Mortgage Obligations (CMOs) as collateral for bank deposits or repurchase agreements. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Vill. REPORTING The Investment Officers shall prepare an investment report at least quarterly in compliance with the PFIA. This report will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to this Policy. The report will be provided to the City Council. In conjunction with the annual audit, the external auditor will perform a formal review of the quarterly reports with the results reported to the City Council. Market value of all securities in the portfolio will be calculated on a quarterly basis and disclosed to the governing body quarterly in the investment report. Pricing information will come from Bloomberg, Intercontinental Exchange, Inc. (ICE), International Data Corporation (IDC), or any other reputable and independent source deemed reliable by the Director of Finance. 10117/X•'11►y,14ki11ile7l![W/_1►1I7_1elf] 29I 01 The investment policy and investment strategies shall be adopted by Resolution of the City Council. The Resolution so adopted shall record any changes made to either the policy or the strategies. The City Council shall review the investment policy not less than annually. The investment policy strategies shall be reviewed at least annually by the Investment Committee. X. FINANCIAL GLOSSARY Accretion of Discount: An accounting method for realizing the additional income earned through the purchase of a discounted, or zero -coupon security where the difference between the discounted purchase price and the par value is credited to an income account, gradually increasing the book value until it reaches par at maturity. Also see amortization. Accrued Interest: The interest accumulated on a security from its issue date or since the last payment of interest up to but not including the purchase date. The purchaser of the security pays to the seller the market price plus accrued interest. 131Page Agency: A category of investments that include Government Sponsored Enterprises (GSEs) of Fannie Mae, Freddie Mac, the Federal Home Loan Bank (FHLB), and the Federal Farm Credit Bank (FFCB). Federal agencies are generally considered to be government securities, and all carry the highest possible senior debt rating from both Moody's and S&P. Amortization of Premium: Period straight-line decreases in the book or carrying value of a security so that the premium paid for a bond above its face value or call prices is completely eliminated. Ask or Asking Price: The price at which securities are offered by the broker/dealer; the price at which a governmental entity buys a security; also referred to as an "offer" or "offering price". Asset -Backed Security (ABS): A broad term used to describe a security created by pooling certain loans together, whereby principal and interest payments made on the loans are used to pay the security holders. Basis Points: The unit of measurement for yield equal to 1/10011 of 1 percent; e.g., '/4 of 1 percent is equal to 25 basis points. Benchmark: A comparative base for performance evaluation. A good benchmark should be verifiable, easy to understand and appropriate to the portfolio to which it is being compared. Typical benchmarks used in the public sector include the three- month, six-month, and one-year T-bill averages over a similar measurement timeframe. Bid: The price offered for securities by purchasers. (When selling securities, one asks for a bid.) Bond: A very broad term used to describe a debt obligation. A bond may have a fixed or floating coupon rate; may be issued by the U.S. Treasury or an agency or a corporation; and may be callable or non -callable. Book Entry Securities: Stocks, bonds, other securities, and some certificates of deposit that are purchased, sold, and held as electronic computer entries on the records of a central holder. These securities are not available for purchase in physical form; buyers get a receipt or confirmation as evidence of ownership. Book Value: The original cost of the security as adjusted for amortization for any premium paid or accretion of discount since the date of purchase. Broker: A party who brings buyers and sellers together. Brokers do not take ownership of the property being traded. They are compensated by commissions. They are not the same as dealers; however, the same firms that act as brokers in some transactions may act as dealers in other transactions. 141Page "Bullet": Slang term for a type of bond that repays the entire principal amount on the maturity date. "Buy -and -Hold": A common investment strategy for conservative investors with specific cash flow objectives or cyclical cash flow patterns, whereby securities are purchased with no intention to sell prior to maturity. Callable Bond: A bond that the issuer has the right to redeem prior to maturity at a specified price. Some callable bonds may be redeemed on one call date while others have multiple call dates. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Capital Gain: The profitable result of the sale of a security or asset, whereby the principal exceeds the book value of a security. Capital Loss: The resulting loss when the principal amount on the sale of a security or asset is less than the book value of a security. Collateral: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. Collateralized Mortgage Obligation (CMO): A type of mortgage -backed security created by dividing the rights to receive the principal and interest cash flows from an underlying pool of mortgages in separate classes or tiers. Commercial Paper: Short-term unsecured promissory notes issued by corporations for a maturity specified by the buyer. It is used primarily by corporations for short-term financing needs at a rate which is generally lower than the prime rate. Confirmation: The document used to state in writing the terms of the trade which had previously been agreed to verbally. Coupon Rate: The stated annual rate of interest payable on a coupon bond expressed as a percentage of the bond's face value. Constant Dollar Fund or Pool: A type of money market fund or investment pool whose stated objective is to offer safety of principal and liquidity by maintaining a $1 dollar share value for all its participants, meaning that the dollar value of the original deposit is expected to be maintained through conservative management practices; also referred to as a "dollar in/dollar out" fund or pool. Credit Risk: The risk that (1) the issuer is downgraded to a lower quality category and/or (2) the issue fails to make timely payments of principal and interest. Cusip Number: A nine -digit number established by the Committee on Uniform Securities Identification Procedures that is used to identify publicly traded securities. 1513age Each publicly traded security receives a unique CUSIP number when the security is issued. Custody: The service of an organization, usually a financial institution, of holding (and reporting) a customer's securities for safekeeping. The financial institution is known as the custodian. Dealer: A firm which buys and sells for its own account. Dealers have ownership, even if only for an instant, between a purchase from one party and a sale to another party. They are compensated by the spread between the price they pay and the price they receive. Dealers are not the same as brokers; however, the same firms which act as dealers in some transactions may act as brokers in other transactions. Delivery Versus Payment (DVP): DVP requires that the delivery is made at the same time payment for those securities is received in the account. Depository Trust Company (DTC): An organization that holds physical certificates for stocks and bonds and issues receipts to owners. Securities held by DTC are immobilized so that they can be traded on a book entry basis. Discount: The amount by which the price paid for a security is less than its face value. Discount Securities: Securities that do not pay periodic interest. Investors earn the difference between the discount issue price and the full -face value paid at maturity. Diversification: Dividing the investment funds among a variety of securities offering independent returns, to reduce risk inherent in particular securities. Duration: A sophisticated measure of the weighted average maturity of a bond's cash flow stream, where the present values of cash flows serve as the weights. Face Value: The principal amount due and payable to a bondholder at maturity; par value. Also, the amount on which coupon interest is computed. Fair Value: The amount at which a financial instrument could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits. Federal Farm Credit Banks (FFCB): A government -sponsored corporation what was created in 1916 and is a nationwide system of banks and associations providing mortgage loans, credit, and related services to farmers, rural homeowners, and agricultural and rural cooperatives. The banks and associations are cooperatively owned, directly or indirectly, by their respective borrowers. The Federal Farm Credit System is supervised by the Farm Credit Administration, an independent agency of the U.S. government. (See Government Sponsored Enterprises) 161Page Federal Funds Rate: The rate of interest at which banks with excess reserves charge banks lacking reserves for overnight loans to meet reserve requirements. This key overnight rate determines, in large part, the rate at which overnight repurchase agreements will trade. When the Federal Reserve "raises rates", the target fed funds rate is increased and other short-term security yields follow. Since pools and money market funds invest heavily in short-term securities, their rates often approximate the fed funds rate at any given point in time. Federal Home Loan Banks (FHLB): Government -sponsored wholesale banks (currently twelve regional banks) which lend funds and provide correspondent banking services to member commercial bank, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank. (See Government Sponsored Enterprises) Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac): A government -sponsored corporation that was created in July 1970, by the enactment of Title III of the Emergency Home Finance Act of 1970. Freddie Mac was established to help maintain the availability of mortgage credit for residential housing, primarily through developing and maintaining an active, nationwide secondary market in conventional residential mortgages. (See Government Sponsored Enterprises) Federal National Mortgage Association (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae is a private stockholder -owned corporation. FNMA securities are highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. (See Government Sponsored Enterprises) Federal Open Market Committee (FOMC): A group of Federal Reserve Officials that meet eight times per year to set U.S. monetary policy (raise and lower interest rates). The Committee must balance its two primary and often conflicting objectives of achieving stable economic growth and keeping inflation at acceptable levels. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven -member Board of Governors in Washington, D.C., twelve regional banks and about 5,700 commercial banks that are members of the system. Government -Sponsored Enterprises (GSE's): Payment of principal and interest on securities issues by these corporations is not guaranteed explicitly by the U.S. government; however, must investors consider these securities to carry an implicit U.S. government guarantee. The debt is fully guaranteed by the issuing corporations. GSE's include: Farm Credit System, Federal Home Loan Bank System, Federal Home 171Page Loan Mortgage System, Federal Home Loan Mortgage Corporation, and Federal National Mortgage Association. Interest Rate Risk: The risk that the general level of interest rates will change, causing unexpected price appreciations or depreciations. Ladder: A common investment strategy whereby securities are purchased to mature at regular intervals so that cash is always available to meet known obligations or be reinvested back into the market at prevailing rates. Liquidity: An entity's capacity to meet future monetary outflows (whether they are required or optional) from available resources. Liquidity is often obtained from reductions of cash or by converting assets into cash. Liquidity Risk: The risk that an investment will be difficult to sell at a fair market price in a timely fashion. Market Risk: The risk that the value of a security will rise or decline as a result of changes in market conditions. It is that part of a security's risk that is common to all securities of the same general class (stocks and bonds) and thus cannot be eliminated by diversification; also known as systematic risk. Market Value: the price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: A written contract coverall all future transactions between the parties to repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer to liquidate the underlying securities in the event of default by the seller. Maturity Date: The date on which the principal or face value of an investment becomes due and payable. Mortgage -Backed Securities: Securities composed of, or collateralized by, loans that are themselves collateralized by liens on real property. Offer: The price asked by a seller of a security. (When purchasing securities, one asks for an offer). PAR: See Face Value Pooled Fund Group: An internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. Premium: The amount by which the price paid for a security exceeds its face value. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include 181Page Securities and Exchange Commission (SEC), registered securities broker -dealers, banks, and few unregulated firms. Principal: The face or par value of an instrument, exclusive of accrued interest. Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. Rate of Return: The amount of income received from an investment, expressed as a percentage. A market rate of return is yield that an investor can expect to receive in the current interest -rate environment utilizing a buy -and -hold to maturity investment strategy. Reinvestment Rate: The interest rate earned on the reinvestment of coupon payments. Reinvestment Rate Risk: The risk that the actual reinvestment rate falls short of the expected or assumed reinvestment rate. Repurchase Agreement (RP or REPO): A type of agreement in which an investor exchanges cash for securities with a primary dealer or bank and earns a fixed rate of interest for a specific period. At the end of the period, securities are returned for principal along with accrued interest. Dealers and banks use repo proceeds to finance their inventory positions. Safekeeping: A procedure where securities are held by a third party acting as custodian for a fee. Secondary Market: A market made for the purchase and sale of outstanding issues following initial distribution. Securities and Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Settlement Date: The purchase (or sale) date of a security on which the money actually changes hand. Spread: Most commonly used when referring to the difference between the bid and asked prices in a quote. Additionally, it may also refer to additional basis points that a non -Treasury security earns over and above a Treasury with a comparable maturity date. Treasury Bills: A non -interest -bearing discount security issued by the U.S. Treasury, generally having initial maturities of 3 months, 6 months, or 1 year. 191Page Treasury Bonds: Long-term, coupon bearing U.S. Treasury securities having initial maturities of more than 10 years. Treasury Notes: Intermediate -term, coupon bearing U.S. Treasury securities having initial maturities of 2-10 years. Unrealized Gain or Loss: The amount of profit (or loss) that would be reflected on the sale of a security if that security were sold. The unrealized gain or loss is calculated by taking the difference between book value and market value of the security at any given point in time. Weighted Average Maturity (WAM): This common term, usually expressed in number of days, represents a dollar -weighted average of the remaining term to maturity of all assets in a pool or securities portfolio. A longer WAM generally indicates higher market risk. Yield: The return, expressed as a percentage, that a security will earn as a result of both the coupon rate and any discount earned or premium paid. A yield will exceed the coupon if purchased at a discount (and vice -versa). Yield Curve: The relationship between yields and maturity dates for a set of similar bonds, usually Treasuries, at a given point in time. A yield curve is a standard measure of risk and return and answers the question "How much additional yield will I earn if I extend my maturity and assume additional market risk?".. Yield -to -Maturity: The expected rate of return of a bond if it is held to its maturity date; calculated by taking into account the current market price, stated redemption value, coupon payments and time to maturity and assuming all coupons are reinvested at the same rate; equivalent to the internal rate of return (IRR). 2013age CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. WHEREAS, the City of Anna, Texas ("the City") is committed to principles and practices of open and fair government that honors the public trust; and WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that it is in the interests of the citizens of Anna to adopt an Investment Policy that establishes policies and procedures to govern the management and care of public funds; and WHEREAS, the Public Funds Investment Act ("the Act") requires annual review of the City's Investment Policy; and WHEREAS, the most recent annual review of the City's Investment Policy has prompted an amendment to the existing policy attached hereto as Exhibit 1; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Investment Policy Reviewed The City Council has reviewed the City's Investment Policy and investment strategies and approves the amended Investment Policy attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this the 25t" day of October, 2022. /_TAaI*II Carrie L. Land, City Secretary I_1»Y91Tl a19� Nate Pike, Mayor THE CITY OF Anna I I M am 0159=0111 City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Alan Guard AGENDA ITEM: Approve an Ordinance Adopting a Purchasing Policy. (Finance Director Alan Guard) SUMMARY: Staff recommends that the City Council approve the ordinance adopting the Purchasing Policy. The City of Anna utilizes a number of purchasing cooperatives to help streamline the purchasing process and help departments find goods and services that provide the best value. The revision being requested would add National Purchasing Partners Government Group (NPPGov) to the list of cooperative purchasing agreements in the City's Purchasing Policy. The Fire Department has been researching companies that help prepare Fire Department Master Plan Studies. Their research concluded that Emergency Services Consulting International (ESCI) would be the best firm for their needs. ESCI is included as part of the NPPGov Group. The Purchasing Policy is adopted by ordinance. FINANCIAL IMPACT: NA STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: HIGH PERFORMING, PROFESSIONAL CITY. STAFF RECOMMENDATION: Staff recommends that City Council approve the ordinance adopting the revised Purchasing Policy. ATTACHMENTS: 1. Purchasing Policy Revised 10252022 2. Ordinance Adopting Purchasing Policy 10252022 APPROVALS: Alan Guard, Director of Finance Created/Initiated - 10/17/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 City of Anna, Texas Purchasing and Procedures Manual October 25, 2022 TABLE OF CONTENTS Chapter 1 INTRODUCTION............................................................................... 3 Section 1. Background.............................................................................. 4 Section 2. Mission and Goals of Public Purchasing ............................................. 4 Section 3. Purchasing Policy Statement........................................................... 5 Section 4. Other Resources.......................................................................... 6 Chapter 2 PURCHASING ETHICS........................................................................ 7 Section 1. Ethics Policy Statement................................................................. 8 Section 2. Accountability of City Employees .................................................... 8 Section 3. Ethical Standards........................................................................ 9 Chapter 3 PURCHASING PROCEDURES.............................................................. 10 Section 1. Conflict of Interest...................................................................... 11 Section 2. Department Responsibilities........................................................... 11 Section 3. Purchasing Parameters................................................................. 11 A. Petty Cash (0 to$50)............................................................. 12 B. Purchases less than $3,000 (0 to$2,999.99).................................. 12 C. Purchases $3,000 but less than$50,000....................................... 12 D. Purchases $50,000 and Over .................................................... 13 Section 4. Tax Exempt Certificate................................................................ 13 Section 5. Purchasing Procedure Violations..................................................... 13 Section 6. Exceptions to Competitive Bidding .................................................. 13 A. Emergency Purchases............................................................ 14 B. Sole Source Purchases............................................................ 14 C. Other Exceptions.................................................................. 15 Section 7. Professional Services................................................................... 16 Section 8. Lease Purchases......................................................................... 16 Section 9. Purchasing Card Program (P-Card)................................................... 16 Section 10. Purchase Order Processing........................................................... 16 Section 11. Receiving and Inspection............................................................ 17 Section 12. Prompt Payment Act.................................................................. 17 Chapter 4 COMPETITIVE BID PROCESS............................................................. 18 Section 1. Request for Quote (Purchases $3,000 and less than $50,000..................... 19 Section 2. Bid/Request for Proposal Process (Purchases $50,000 and Over) ............... 19 A. Procedure Requirements for Bids/Request for Proposals (RFP)........... 19 B. Establishing Bid Specifications................................................ 20 C. Awarding the Bid................................................................. 21 D. Contested Bids.................................................................... 21 E. Awarding the Request for Proposal(RFP).................................... 22 F. Verification of Insurance......................................................... 23 G. Bonding Requirements............................................................ 24 H. Change Orders to Contracts...................................................... 24 Section 3. State Contracts and Cooperatives...................................................... 24 Chapter 5 DISPOSAL OF SURPLUS PROPERTY...................................................... 25 Chapter 6 DEFINITIONS.................................................................................... 27 2 1 P a g e CHAPTER I INTRODUCTION 3 1 P a g e CHAPTER 1 INTRODUCTION Section 1. Background The Purchasing Policy and Procedure Manual provides the City departments information to assist in making decisions regarding the purchase of goods and services necessary to perform the functions of their offices and/or departments effectively. City staff must ensure that purchasing responsibilities are accomplished in compliance with Texas Local Government Code, including Chapters 252 and 271, Purchasing and Contracting Authority of Municipalities, other relevant federal, state, and local statutes, and City of Anna policies. This is accomplished primarily through competitive bids/proposals with the City's best interests always paramount. The City of Anna embodies best practices, promotes transparency, fairness, and competitiveness in state and local government. This policy is provided to protect employees and the use of public funds. Employees will be held accountable for the proper use and administration of the purchasing process. This policy/manual has been prepared for the use of City personnel and other interested parties to serve as policy for all procurement related activities. It is the responsibility of each employee involved in the procurement process to understand the policies, the meaning, and the intent. Individuals making purchases in a manner that does not adhere to the City's Purchasing Policy or enters into a private transaction with the vendor, assumes responsibility for payment and may be subject to disciplinary action. Section 2. Mission and Goals of Public Purchasing The mission of the Purchasing Policy of the City of Anna is to: • Foster an understanding and appreciation of sound purchasing practices throughout all departments of the City; • Acquaint all persons (internally and externally) in respect to the City's purchasing policies and procedures; • Ensure compliance with local, state, and federal laws applicable to city purchasing; • Attempt to gain the most value in every purchase; • Eliminate high cost, convenience buying; • Provide an ongoing supply of quality goods and services to all City offices; and • Protect the interests of City of Anna neighbors. The goals of public purchasing are to: 4 1 P a g e • Purchase the proper goods and services; • Obtain the best possible price for goods or services, without sacrificing the quality needed; • Ensure a continuing supply of goods and services are available where and when needed; • Ensure responsible bidders are given a fair opportunity to compete for the City's business; • Ensure the proper disposition of surplus property through internet auctions or sealed bids; • Ensure public funds are safeguarded; • Ensure public funds are not used to enrich elected officials or City employees or to confer favors; and • Provide all vendors, including Historically Underutilized Businesses (HUBS), equal access to the City's competitive processes for the acquisition of goods and services. Section 3. Purchasing Policy Statement Purchasing is a function of all departments. Department Directors, Assistant Directors, and Managers are responsible for ensuring that departmental purchases are in compliance with the approved budget and the City's Purchasing Policy. Purchasing procedures are guided by several established policies. These consist of the following: • All purchasing shall adhere to sound purchasing policies to ensure that Anna neighbors receive the best value for city purchases. • Regardless of the expenditure, it is the policy of the City of Anna to garner competition that produces the highest quality goods and services at the lowest possible price whether the item or service is subject to quotes or bids. • It is the policy of the City to allow the City Council to make final award on any expenditure of $50,000 or greater in accordance with Texas Statutes. • All purchasing shall be in accordance with the laws of the State of Texas including Chapters 252 and 271 of the Texas Local Government code. hqp://www.Statutes.legis.state.tx.us/Does/LG/htm/LG.252.htm http://www.Statutes.legis.state.tx.us/Does/LG/htm/LG.27 Lhtm • Purchasing activities shall be managed with proper controls. • When required or preferred, a competitive bidding process will be utilized to obtain purchases at the lowest possible cost and to provide for an open and fair process for all interested vendors. • No City Council member or employee shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights in any land, materials, supplies or service except on behalf of the City as a Council member or employee. Any knowing violation of this section shall constitute malfeasance in office, and any member or employee found guilty thereof shall be subject to removal from such office or position. Any violation of this section shall render the contract voidable at the discretion of the City Council. 5 1 P a g e Section 4. Other Resources An additional resource is provided through the link below from the Texas State Comptroller's Office. The State of Texas Procurement and Contract Management Guide was written to provide a holistic approach to government procurement. (Reference: Comptroller.Texas.Gov) https:Hcomptroller.texas. gov/purchasing//ublications/procurement-contract.php 6 1 P a g e CHAPTER 2 PURCHASING ETHICS (For City Representatives & Vendors 7 1 P a g e CHAPTER 2 PURCHASING ETHICS (For City Representatives & Vendors) Section 1. Ethics Policy Statement The Ethics Policy is cumulative of any provisions governing ethics or conflicts of interest under state law and the City of Anna's Home -Rule Charter all as amended. In the event of any conflict between any such provisions, the most restrictive provision shall govern. This section will promote the objectives of protecting government integrity and facilitating the recruitment and retention of qualified ethical personnel needed by the City of Anna. The City also requires ethical conduct from those who do business with the City. City representatives and vendors/entities are required to adhere to all federal, state, and municipal laws and ordinances. Section 2. Accountability of City Employees The City wants to promote and protect its governmental integrity. As a public entity, the City is expected to be able to demonstrate to the neighbors that it has spent their tax dollars wisely. All participants in the City are responsible for ensuring that money is spent in accordance with the terms and conditions of all the policies of the City of Anna. Public employees must discharge their duties impartially so as to assure fair competitive access to government procurement by responsible contractors. Public officials and employees must take precautions to avoid even the appearance of impropriety, self -dealing, favoritism, or undue influence. It is essential for employees to take ownership of, and be responsible for, their actions to preserve the public trust and protect the public interest. All City staff engaged in procurement for the City shall comply with the ethical standards set forth in the following criteria: • Plan purchases to minimize the use of emergency or expedited purchases; • Ensure that purchasing policies and procedures are understood prior to ordering; • Apply sound business judgement; • Purchase the proper goods or services to suit the City's needs; • Get the best possible price for the goods or services using City policies; • Purchases shall have appropriate and adequate supporting documentation including a clear explanation of the reason for the purchase • Guard against misappropriation of City funds; • Facilitate competition from responsible bidders; • Safeguard public funds and receive the best value for the public dollar; 8 1 P a g e • Never use public spending to enrich elected officials or City employees; and • Never make purchases for personal use in the City's name. Section 3. Ethical Standards 1. It shall be a breach of ethics to attempt to realize personal gain through public employment with the City of Anna by any conduct inconsistent with the proper discharge of the employee's duties. 2. It shall be a breach of ethics to attempt to influence any public employee of the City of Anna to breach the standards of ethical conduct set forth in this code. 3. It shall be a breach of ethics for any employee of the City of Anna to participate directly or indirectly in a procurement when the employee knows that: a. The employee or any member of the employee's immediate family has a financial interest in the procurement; b. A business or organization in which the employee, or any member of the employee's immediate family, has a financial interest pertaining to the procurement; c. Any other person, business or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. 4. It shall be a breach of ethics for any employee of the City of Anna to accept, receive, or arrange for any gratuity or any offer of employment in connection with any decision, approval, denial, recommendation, preparation of any part of a program requirement or purchase request, influencing the content or any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal thereof, pending before this government. 5. It shall be a breach of ethics for any employee of the City of Anna to approve or allow any purchase, transaction or contract for expenditure regardless of the amount unless said employee has been expressly authorized to do so in advance by the City Council during a duly noticed public meeting if —with respect to such purchase, transaction or contract for expenditure —any City Official (as defined in the Anna Code of Ethics) is: (1) required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local Gov't Code or the Anna Code of Ethics, as amended; or (2) is a Vendor as that term is described under Section 176.002 of the Texas Local Gov't Code, which includes acting as an agent of a Vendor. 6. It shall be a breach of ethics for any employee or former employee of the City of Anna knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain of any person. 7. No City representative may purchase City property for their own personal use unless it is purchased through the City's public auction. 8. No City representative, City Council, Boards or Commissions, or employees, may use the purchasing power of the City to make private purchases or to avoid the payment of sales tax. 9 1 P a g e CHAPTER 3 PURCHASING PROCEDURES 101Page CHAPTER 3 PURCHASING PROCEDURES Section 1. Conflict of Interest All purchases, transactions and contracts for expenditures regardless of amount must be expressly approved in advance by the City Council during a duly noticed public meeting if, with respect to such purchase, transaction or contract for expenditure any City Official (as defined in the Anna Code of Ethics) is: (1) required to file a Conflicts Disclosure Statement under Chapter 176 of the Texas Local Gov't Code or the Anna Code of Ethics, as amended; or (2) is a Vendor as that term is described under Section 176.002 of the Texas Local Gov't Code, which includes acting as an agent of a Vendor. Otherwise, the following purchasing procedure is outlined in accordance with the noted dollar thresholds of expenditures. Section 2. Department Responsibilities It is the responsibility of the Department Director and/or Authorized Designee to ensure the following: • The appropriate budget has been identified and is available; • The appropriate method of purchase has been identified; • City management and/or City Council approves of the purchase; • City policy is being followed; • State and Federal laws are being enforced; • Documentation for the purchase is attached to the PO, such as quotes, emergency purchase order with the City Managers signature, invoice, and/or documentation reflecting the vendor is a sole source vendor; • Invoices are submitted in a timely manner to adhere to the Prompt Payment Act as described Section 12; and • When applicable, a Certificate of Interested Parties (Form 1295) is provided to the Finance Department. Chapter 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file a Certificate of Interested Parties, Form 1295. Generally, all contracts requiring a vote of the City Council are included. Contractors are required to register via the Texas Ethics Commission Website where a Form 1295 is generated. The City must acknowledge receipt of the form via the same portal no later than the 30th day after the contract date. https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm Section 3. Purchasing Parameters At no time, shall purchases by broken down into smaller quantities or specialized activities so as to avoid the requirements stated below. This practice is against State law and QU policy. 111Page Approval Authority The following approval levels shall be utilized in all procurement related matters. 1. All procurement card (P-Card) transactions shall be approved by the respective Department Director or Assistant Director. 2. All other Procurement Related Expenses below: Amount A proval Requirements Designated 0 - $4,999 Supervisors Assistant $5,000 - $9,999 Director or Department Director Department Director $10,000 - $49,999 and City Manager Department Director City Manager Council $50,000+ and and Approval **The purchasing thresholds below pertain to the total purchase from a single vendor, not per item. This also includes purchases by multiple departments. * * A. Petty Cash (0 to $50.00) Petty Cash is deemed appropriate when it allows for more efficient procurement of minor goods and services. Petty Cash may only be used for non -routine minor purchases of goods or services up to $50.00. An employee requesting the Petty Cash must have approval from their Department Director, Assistant Director, or Designated Supervisor. Documentation for the use of Petty Cash is required at time of reimbursement and must include an invoice or itemized receipt for the purchase. The employee requesting reimbursement will be required to sign for receipt of the cash. Employees issued P-cards should not utilize petty cash for purchases. B. Purchases less than $3,000 (0 to $2,999.99) A one-time purchase by a single department or from multiple departments under the same Department Director for supplies do not require quotes to be obtained. Quotes are recommended when possible even if they are verbal. Purchases may be made with the P-Card depending on the employee's card limit. C. Purchases $3,000 but less than $50,000 A one-time purchase by a single department or from multiple departments under the same Department Director requires three written quotes. Two of the quotes shall be from HUB vendors as required by statue. A quote form should be completed and approved by the appropriate 121Page approval level in the above chart, prior to making the purchase. If service is performed on City property a certificate of insurance shall be obtained. Work should not begin before insurance is obtained and verified. D. Purchases $50,000 and over A one-time purchase or cumulative purchases by a single department or from multiple departments requires a formal sealed bid. All purchases over $50,000 must also include a contract, insurance, and bonds (if needed). City Council approval is required. See Chapter 4 on Competitive Bidding requirements. Section 4. Tax Exemption Certificate The City is exempt from payment of all local tax, state sales tax, and federal excise tax, with the exception of Hotel/Motel tax. This is solely due to being a municipality. When practicable the City will claim and insist on all of its purchases being exempt from sales and use tax. However, an exception to this is any single purchase of food related to travel, outreach and city -sponsored events when a single purchase is less than $200. Purchases for these exclusions over $200 must be approved in advance by the City Manager in writing. At the time of purchase, vendors may request a Sales and Use Tax Exempt Certificate and/or a W-9 form be completed by the City prior to removing any sales tax from the invoice. Please contact the Finance Department to obtain a form to submit to the vendor. Section 5. Purchasing Procedure Violations Employees will be held accountable for the proper use and administration of the Purchasing Process. The Department Directors or Approving Manager is responsible for ensuring that employees comply with the policies outlined in this manual. The statues governing local government purchasing impose criminal penalties for violating the provisions of various Acts enacted by the Legislature to oversee purchasing. Any misuse of the City's purchasing power carries various legal and/or future employment consequences. LOCAL GOVERNMENT CODE 252.062 — CRIMININAL PENALTIES A municipal officer or employee commits an offense, if the officer or employee intentionally or knowingly makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding requirements of Section 252.021. An offense under this subsection is a Class B misdemeanor. httD://www.statutes.leLis.state.tx.us/Docs/LG/htm/LG.252.htm Section 6. Exceptions to Competitive Bidding In some cases, competitive bidding is not possible to procure a good or service. Below are the exceptions to utilizing a competitive bidding process. These exceptions must also accompany 131Page the Sole Source/Emergency or Exceptions to Competitive Bidding Form as well as a letter on company letterhead in the event the purchase is a sole source purchase. An example of the form is located in the back of the policy. A. Emergency Purchases Texas statutes generally allow the local government to make "emergency or exempted purchases" without competitive bidding as per Texas Local Government Code 255.022 "General Exemptions". A political subdivision is generally exempted from competitive bidding or contacting Historically Underutilized Businesses (HUB) if one of the following occurs: 1. Public Calamity — In the case of a public calamity, the prompt purchase of items is required to provide for the needs of the public or to preserve the property of the political subdivision. 2. Preservation or Protection — The item is necessary to preserve or protect the health or safety of residents of the political subdivision. 3. Unforeseen Damage — The item is made necessary by unforeseen damage to public property. Normal Working Hours — The City Manager is authorized to declare or determine if an Emergency Purchase is warranted. When the emergency occurs during normal business hours and the expenditure exceeds the department approval limit, the Department Director shall contact the City Manager or his designee to obtain authorization. The City Manager shall advise the City Council of any such emergency in excess of $50,000. Purchase Order (PO) should be prepared and approved by both the Department Director and the City Manager or designee as soon as possible. The Emergency Purchase Order (EPO) Form shall provide which emergency situation from the above list has occurred. The PO, EPO Form, and the invoice should then be turned into Accounts Payable for processing. After Office Hours/Weekends/Holidays — When an emergency occurs after hours and the expenditure exceeds the department approval level, the department authorized designee should contact the Department Director for authorization and take whatever steps are necessary to make the procurement. The Department Director shall complete the EPO Form and obtain the City Manager or his designee's signature the following morning. As stated previously, the EPO Form should justify which one of the occurrences from the list above resulted in the emergency. Purchases made in emery situations are more costly than routine purchases; therefore, they must be kept at a minimum. Poor planning, overlooked requirements or n! ,gl�ence may cause the need for expedited purchases, but are not true emergencies. B. Sole Source Purchases Quotes are not required if the materials, goods, or supplies can only be purchased from a sole vendor, in other words, a sole source. Reasonable efforts must be made to ensure purchases from sole sources are correctly classified as such. Materials, goods, and/or supplies cannot be requested so as to remove other suitable alternative vendors/sources. The department must attach justification to validate the sole source procurement meets one of the requirements listed below. 141Page 1. The good/service is a one of a kind or patented, copyrighted, secret process or unique item; 2. The product is only available from a regulated or natural monopoly; or 3. The product is a component of an existing system which is only available from one supplier. Sole source purchases are approved only after the lack of alternate sources has been determined and proof of sole source is documented. The requesting department should do everything possible to strengthen the City's bargaining position. Costs related to procurement should always be considered before an order is placed, including post -purchase costs. Post -purchase costs could include multi -year maintenance contracts, replacement parts or trade-in value. Written justification should include one or more of the following: 1. Statement on company letterhead from vendor attesting to the fact that the item(s) being requested are only available from that vendor. 2. A statement from the Department Director or authorized designed providing information concerning previous attempts to obtain competitive bids on the item(s) requested including the name of the company and person contacted, in an effort to find other sources. C. Other Exceptions Maintenance of City Fleet Vehicles — The City has contracted with Enterprise Fleet Management (EFM) for the lease purchase of new City vehicles. In addition, maintenance and repair of City vehicles shall be taken to a vendor who is contracted with EFM. EFM staff will ensure that proper repairs and/or maintenance is completed on the vehicles and appropriate charges are incurred. The following reasons are additional justification that an employee may not be able to utilize a competitive bidding process: • The requested product is an integral repair part or accessory compatible with existing equipment. • The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. • Repair/maintenance is available only from manufacturer or designated service representative. • Upgrade to enhancement of existing software is available only from one manufacturer. • Purchase of land, right-of-way, or buildings • Services performed by blind or severely disabled person • Goods purchased for the subsequent resale • Service proposed by vendor is unique; therefore, competitive bids are not available or applicable. • Professional Services (See Section 7 below on further requirements) Local Government Code Chapter 252.022 Competitive Requirements for Purchases defines the general exemptions: htt2s://statutes.cgpitol.texas.gov/SOTWDocs/LG/htm/LG.252.htm 151Page Section 7. Professional Services Cities are prohibited by law from awarding a contract by competitive bidding for some professional services including architects, interior designers, engineers, or certified public accountants. The Professional Services Procurement Act established a set of procedures that must be followed to contract for these services. The selection of these providers shall be based on demonstrated competence, experience, and qualifications of the firm. Section 8. Lease Purchases State law authorizes cities to enter into lease purchase agreements. However, normal statutory procurement requirements generally apply to these lease purchase agreements. This is the case when a lease purchase agreement for personal property will involve an expenditure of more than $50,000 in city funds. The contract must then be competitively bid unless the type of item purchased is covered by a specific exception to the statutory procurement requirements. All lease purchases shall be coordinated by the Finance Department due to this type of purchase and financing being unique and accountnds or differently. Section 9. Purchasing Card Program (P-Card) The P-Card is a method that allows employees to make small dollar approved City purchases quickly and efficiently by paying vendors immediately with a credit card. A purchase shall not be made with a card unless it is the most productive purchasing method. All employees issued a P-Card are expected to understand all City policies related to using City funds. At no time does the P-Card override the City's purchasing policy, which is guided by procurement law. The City bears no legal liability from inappropriate use. (See the City's Purchasing Card Policy) Section 10. Purchase Order Processing All invoices shall be accompanied by a purchase order unless otherwise indicated below. Purchase orders shall be submitted to Accounts Payable for processing after obtaining the appropriate approval signatures with all supporting documentation attached. Purchase orders submitted without appropriate approval or required documentation will be returned to the originating department. Subject to the limits on the City Manager's authority to make purchases and enter into contracts on behalf of the City, purchases of the following items do not require the solicitation of bids or purchase order. However, if the purchase was made by a purchasing card, a PO made payable to J P Morgan will be required. Departments shall clearly place the vendor number and account number on the invoice itself. • Insurance Premium Payments • Retirement System Payments (TMRS) or other Payroll Expenditures • Debt Service Payments 161Page • Utility Service Payments • Operating Leases/Maintenance Agreements • City Fleet Fuel Payments • Contracted Services • Registration Fees • Membership/Professional Association dues and fees • Postage • Subscription Services Section 11. Receiving and Inspection When materials, equipment, or supplies are received, the department/division that placed the order is responsible for inspecting the shipment and initiating the payment process. This should be done as promptly as possible to take advantage of early payment discounts and/or give the Accounting Technician time to avoid interest penalties and comply with the 30-day payment requirements by state law. Section 12. Prompt Payment Act Department shall ensure Purchase Orders, invoices, and the appropriate documentation is submitted to Finance in a timely manner. Invoices are to be paid no later than net 30 days. Texas Government Code Chapter 2251 stipulates that all local governments shall pay for goods and services within thirty (30) days of the delivery or invoice date or interest is automatically imposed. 171Page CHAPTER 4 COMPETITIVE BID PROCESS (.ontpetitive Bicl&g :.1 181Page CHAPTER 4 COMPETITIVE BID PROCESS Section 1. Request for Quote (Purchases $3,000 and less than $50,000) Disadvantaged Businesses/Historically Underutilized Businesses: A municipality in making an expenditure of more than $3,000 but less than $50,000, is required by state law to contact at least two (2) disadvantaged businesses or historically underutilized businesses (HUB) on a rotating basis, in accordance with Texas Government Code, Title 10, Subtitle D, Section 2161 and the General Services Commission Rule I TAC 111.11-111.24. If the list fails to identify a HUB in the County in which the city is situated, the City is exempt from this section. HUB vendors must complete the certification process with the State of Texas Comptroller of Public Accounts. See link below to the Texas Comptroller of Public Accounts website to perform a search for HUBS. https://mycpa. cpa. state.tx.us/tpasscmblsearch/tpasscmblsearch. do Price quotes should be solicited from an adequate number of vendors on a rotating basis to ensure competition. Departments are encouraged to use the Ion Wave purchasing software to pursue multiple quotes and ensure HUB vendors are contacted. Section 2. Bid/Request for Proposal Process (RFP) (Purchases $50,000 and Over) Departments must take caution when determining whether a procurement requires a competitive bid process. No specifications are to be written with the intent to exclude a possible bidder. The following circumstances need to be considered and well thought out as they are of particular concern to a city when departments are making a determination if a bid is required. 1. A city does not competitively bid an item because the total expenditure would be below the $50,000 threshold and later purchase more items or more services are procured. The extra procurement would take the total over the threshold. If the department knows this is a possibility, even though the current procurement is under the threshold, a competitive bidding process shall be utilized. 2. Individual departments making their own purchases of commodities or services that in total take the City over the threshold. If the City in total reaches the threshold, a competitive bidding process shall be utilized. As stated in Chapter 3, Section 5, State law provides criminal penalties if a city makes component, sequential or incremental purchases to avoid the competitive bidding requirements. If such a charge is at issue, the prosecuting attorney would require the facts surrounding the involved transaction. It is advisable for departments to look at their purchasing practices over past budget years and consider whether certain items should be purchased through a competitive process. A. Procedure Requirements for Bids/Request for Proposals (RFP) 191Page State law requires competitive bidding for expenditures over $50,000. The City may choose the bid process or the Request for Proposal option. Both options require City Council approval and award. The competitive bidding process has two purposes. The first one being to ensure that public monies are spent properly, legally and for public projects only and to ensure the best possible value is received for the money. Additionally, it is utilized to give those qualified and responsible vendors who desire to do business with the City a fair and equitable opportunity to do so. Below are the requirements for bids and proposals: • A notice must be published establishing the time and place at which bids or proposals will be publicly opened. The notice must be published at least once a week for two consecutive weeks. The notice must be published in a newspaper that is published in the City. The first publication must appear before the 14th day before the date that the bids or proposals are unsealed. • Specifications detailing the requirements that must be met by the goods or services or information how to obtain copies of the specifications shall be included in the publication. • Competitive bidding can be on a lump sum or unit price basis. • In the event other factors other than price are utilized to make the selection, such as previous performance, the specifications shall clearly state that such factors will be considered in the award. • The department must determine prior to the advertisement and before the notice is given the method of procurement that provides the best value for the City. • All bids shall be received through the Ion Wave purchasing software which will time and date stamp as the bids are delivered. • All bids shall be submitted and opened through the City's Ion Wave purchasing software system at the designated time and place by the Finance Director or his designated representative. B. Establishing Bid Specifications A specification is a concise description of goods or services the City seeks to buy and the requirements the vendor must meet in order to be considered for the award. A specification may include requirements for testing, inspection or preparing an item for delivery, or preparing or installing use of it. The specification is the total description of the purchase. The purpose of any specification is to provide personnel with clear guides for purchasing, and to provide vendors with firm criteria of minimum product or service acceptability. A good specification has four characteristics: 1. It sets a minimum acceptability of goods or services. The term "minimum acceptability" is key since the vendor must know the minimum standard to determine what to provide. A standard too high means tax dollars will be wasted. A standard too low means the goods or services will not meet the expectations of the user. 2. It should promote competitive bidding. The maximum number of responsible vendors 201Page should be able to bid the specification. Restrictive specifications decrease competition. 3. It should contain provisions for reasonable tests and inspections for acceptability of the good or service. The methods and timing of testing and inspection must be indicated in the specification. Tests should refer to nationally recognized practices and standards, when possible. 4. It should provide for an equitable award to the lowest responsible bidder. The buyer obtains goods or services that will perform to expectations, and the vendor is able to provide the goods or services at an agreeable price. C. Awarding the Bid Best Value — If best value is utilized, below are a list of items the department may utilize to make the determination of "best value" for the City. • Purchase price; • Reputation of the bidder; • The bidder's safety record; • Warranties; • The quality of the bidder's goods or services; • The extent to which the goods or services meet the City's needs; • The bidders' past relationships with the City or Department; • The impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses (HUB) and nonprofit organizations employing person with disabilities; • The total long-term cost to the City to acquire the bidder's good or services; and • Any relevant criteria specifically requested in the bid or proposal. In the event no bids are received, the Department must re -advertise or choose to not undertake a contract. If only one bid is received, the City Council may choose to accept the bid, reject the bid and re -advertise, or determine not to undertake the project. Bids are opened and read aloud at the designated time and place. The bid/bids must then be presented to City Council. The City Council must then award the bid to the lowest responsible bidder or if previously determined, the bidder with the "best value". The City Council does have the option to reject all bids as well. Once a bid has been opened, it may not be changed or altered to correct minor errors in the price. However, under some circumstances, a bidder may be able to withdraw a bid if it contains a substantial mistake that would cause a great hardship if enforced against the bidder. D. Contested Bids If a department is made aware of or is contacted by a vendor regarding a protest relating to advertising of bid notices, deadlines, bid opening and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications, the Department Director should first attempt to determine the reasons behind the 211 Page potential protest. If the Department Director fails to satisfy the vendor, they shall instruct the vendor to prepare a written protest. At said time the Department Director shall notify the City Manager and City Attorney. Appeals of protest of awards for $50,000 and over shall be filed with the City Secretary with a concurrent copy to the City Manager and City Attorney. The written protest should include the following: • Include both the name and address of the protester, as well as the vendor they represent, if different. • Identify the bid number and item. • Contain a statement of the grounds for protest and any supporting documentation. • Protest must be submitted within five (5) days of the bid opening. E. Awarding the Request for Proposal (RFP) If an RFP is utilized and the best value option was established prior to the solicitation, the same criteria listed above can be used to award the RFP. When the RFPs are opened and acknowledged by Ion Wave purchasing software, the vendor name is the only item identified. This is to avoid disclosure of the contents of the proposals to competing proposers until after the award of the contract. All proposals are open for public inspection after the contract is awarded, but trade secrets are confidential information in the proposal and are not open for public inspection (see Local Government Code, Chapter 252.049). Unlike bids, once the proposals have been submitted, the City may conduct discussions with the offeror or offerors whom the City determines to be reasonably qualified for the award of the contract. However, such discussions must comply with the RFP and any guidelines established by the City Council. To obtain the best offers, the City may allow the submission of revisions after proposals are submitted and before the award of the contract. (see Local Government Code, Chapter 252.042). All offerors must be treated equally and fairly with respect to any opportunity for discussion and revisions to the proposals. Some of the items that should be evaluated and considered when reviewing an RFP are as follows: • All calculations and sums shall be double checked for accuracy. • Unit prices shall be extended to a total price for the requested quantity; • The proposal shall be verified that it has been signed by an authorized signer of the vendor; • Verify all of the specifications outlined in the RFP have been met; • List all areas where it fails to meet any condition(s) included in the specifications and whether any failure disqualifies the proposal; • Verify all required samples are included; and • Include results of testing of samples, if required. 221Page Contracts awarded by proposals are awarded by City Council. The contracts must be awarded to the responsible bidder whose proposal is determined to be the most advantageous to the municipality, considering the relative importance of price and the other evaluation factors included in the RFP. (see Local Government Code, Chapter 252.043). The evaluation and recommendation should include at least the following: • Merits of each proposal with recommendations about which one should be selected; • Whether the vendor has submitted a responsive proposal, meeting all criteria in the RFP; • Give information about whether the vendor has a record of being a responsible bidder, capable of performing a contract and/or appears financially and technically capable of adequately performing the contract; and • Details of areas to be negotiated, including desired changes in the proposal. F. Verification of Insurance Vendors on City property or public right-of-way for the City of Anna shall provide the City a certificate of insurance evidencing the coverage's and coverage provisions identified. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage's as required or that the subcontractors are included under the contractor's policy. All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insured's as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non -renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating services. The vendor shall during the term hereof maintain in full force and affect the required insurance. The City reserves the right to amend or require additional types depending on the nature of the work. G. Bonding Requirements The Local Government Code mandates that a city contracting for public work in excess of $50,000 shall require its contractor to execute a payment bond solely for the protection of beneficiaries who supply materials and labor to the public works project and have a direct contractual relationship with the contractor. The payment bond shall be in the amount of the contract. The Local Government Code also mandates that a city contracting for public work in excess of $100,000 shall require its contractor to execute a performance bond solely for the protection of the City. The performance bond protects the City in the event of a contractor default and/or 231Page termination. The performance bond must also be written for the total cost of the contract and shall be executed by a corporate surety in accordance with the Insurance Code prior to commencement of the work. H. Change Orders to Contracts After a City has awarded a bid or contract, a city may still increase or decrease the quantity of work to be done or supplies to be furnished if it is necessary to do so. Such changes may not increase or decrease the original contract price by more than 25 percent. In the event the increase goes above 25 percent, the City shall must seek bids or proposals for the work or product which would go beyond the 25 percent. If the City wants to decrease the contract amount by more than 25 percent, it shall obtain the approval of the contractor for such a change. Section 3. State Contracts and Cooperatives Texas Government Code, Chapter 791, and Texas Local Government Code, Chapter 271, authorize the use of local cooperative purchasing programs. These chapters authorize the City to use (piggyback on) another entity's bid and likewise allows another entity to use the City's contracts. This action allows cities to obtain more advantageous volume purchases including administrative savings and other benefits. These agreements must be in the form of an Inter -local Cooperative Agreement which must be presented to Council for them to authorize the City Manager to execute the agreement. In addition to local cooperative purchasing programs, cities may also utilize contracts competitively awarded by the State of Texas or the State of Texas Cooperative Purchasing Program. The state purchasing cooperative promotes best value procurements through state contract usage at the local level. In order to become a member of a state purchasing program, City Council must pass a Resolution authorizing the City to participate in the program. A minimal fee is then required annually to remain an active member in the program. Below is a list of some of the purchasing cooperatives: 4- Collin County Governmental Purchasing Form (CCGPF) ❖ Buyboard — https://www.bgyboard.com ❖ Department of Information Resources (DIR) — https:Hdir.texas.izov 4- Houston -Galveston Area Council (H-GAC) — hqp://www.h- ag c.com 4- Texas Multiple Award Schedule Program (TXMAS) — https://comptrolIer.texas.gov/purchasing/contracts/txmas/ Sourcewell (Formerly National Joint Power Alliance) - https://www.sourcewell-mn.gov/ The Interlocal Purchasing System (TIPS) — http://www.tips-usa.com ❖ OMNIA Partners (Formerly National IPA and U.S. Communities) — https://www.omnigpartners.coM publicsector/national-ipa-an-omnia-partner 4- National Purchasing Partners Government (NPPGov) — https://NPPGov.com 241Page CHAPTER 5 DISPOSAL OF SURPLUS PROPERTY 251Page CHAPTER 5 DISPOSAL OF SURPLUS PROPERTY Disposal of surplus property may be sold by public auction (private auctioneer), Internet sale, or sealed bids to the highest bidder. Employees may not directly purchase City property, unless it is through the channels listed above where they are the highest bidder. As surplus properties become available, notice of the items shall be circulated to all departments to determine whether any items could be used in another area of the City. If the property is deemed to have no value, or if the value is less than the cost to process for an auction, it will be disposed of by the most convenient method. Finance shall be notified of any auction items to ensure the tracking of the fixed assets are maintained. 261Page CHAPTER 6 DEFINITIONS Advertisement — A public notice in a newspaper or general circulation containing information about solicitation in compliance with legal requirements. Best Value - A procurement method that emphasizes value over price. The best value may not be the lowest cost. Value may include a combination of reputation, quality, long-term costs, services, and time. Bid Types — a. Request for Quote (RFQ) Procurement process for purchases $3,000-$49,999 b. Request for Bid (RFB) Procurement process for $50,000 or greater c. Request for Proposal (RFP) Negotiable Procurement process for $50,000 and greater. Bidder — A vendor that submits a bid including acting on behalf of the vendor that submits a bid, such as agents, employees and representatives. Change Orders - Change orders may address differences in order quantity, quality, damages, or additions. The original contract price may not be increased (under section 252.048 of the Local Government Code) by more than 25% without going out for bid. The original contract price may not be decreased under this section by more than 25% without the consent of the contractor. Competitive Bidding — A transparent procurement process in which bids from competing contractors, suppliers or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract. The aim of competitive bidding is to obtain goods and services at the lowest price for such goods or services through competition and preventing favoritism. The City determines the lowest bidder that is responsible and awards the contract to the lowest bidder. Competitive Proposal Process — A transparent procurement in which proposals from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract. Cooperative Procurement — The action taken when two or more entities combine their requirements to obtain advantages of volume purchases or a variety of arrangements whereby two or more public procurement units purchase from the same vendor using a single RFP. Emergency Purchase Order (EPO) — Emergencies are defined to remove hazards, to protect property and people, to alleviate financial loss and operation damage, and to expedite repairs. The Emergency Exception to Competitive Bidding Form shall be completed and signed by the City Manager by the next business day. Historically Underutilized Business (HUB) — Texas Administrative Code, Chapter 2161 271Page defines a "Historically Underutilized Business" or "HUB", in part, as one with ownership by "a person who is economically disadvantaged because of the person's identification as a member of a certain group, including black Americans, Hispanic Americans, women, Asian Pacific Americans, and American Indians, who have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control". Also referred to as a disadvantaged business, Minority/Woman-owned Disadvantaged Business Enterprise or M/W/DBE. Invitation to Bid (ITB) — Specifications and formal bidding documents requesting pricing for a specified work, good, or service which has been advertised for bid in a newspaper. Invoice — An itemized statement of merchandise or service provided by a vendor. It is the means for settlement of financial obligations incurred when the purchase order is issued. Lease — A contract for the use of personal property or real property for a period of time in return for a specified compensation. Lowest Responsible Bidder — The offer that provides the lowest price meeting all requirements of the specifications, terms, and conditions of the Invitation to Bid, including any related costs to the City in a total cost concept and which submittal, including all reported references contained therein, provides the City with sufficient evidence of the bidder's financial and practical ability to perform the contract, references of past performance indicating the ability to comply with the Contract and satisfactorily complete the subject work, and other information provided to or obtained by the City demonstrating the subject bidder's capabilities, competence, and success. Modification — A document used to change the provisions in a contract. Payment Bond — A surety bond executed in connection with a contract that secures solely for the protection and benefit of those persons or entities that have a direct contractual relationship with the Contractor to supply public work labor or material (Payment Bond Beneficiaries) and with which such Contractor the City has contracted for a particular contract the payment obligation of that Contractor to the Payment Bond Beneficiaries. Performance Bond — A surety bond that provides assurance to the City that the Contractor will faithfully perform the work in accordance with the plans, specifications, and contract documents. Professional Services — Services rendered by members of a recognized profession possessing a special skill/education as defined in Local Government Code. Purchase — The act of obtaining approved goods or services by an authorized City representative. Purchase Order (PO) — A legal contract for the purchase of goods and services establishing the terms and conditions and incurs a financial obligation. Request for Proposal (RFP) — A document requesting a proposal from vendors that specifies the relative importance of price and other evaluation factors, and which allows for negotiations 281Page after a proposal has been received and before award of the contract for the goods and services sought. (See also Competitive Proposal Process above) Request for Qualifications (RFQ) — A document that requests details about the qualifications of professionals whose services must be obtained in compliance with the Professional Services Procurement Act or in conjunction with an alternative bid delivery process. Sealed Bids — Offers in response to an invitation to bid that is advertised in a newspaper and submitted to the City Secretary in a manner that conceals the price. Separate Purchase — Purchases made separately of items that in normal purchasing practices would be purchased in one purchase. Sequential Purchases — Inappropriate separation of purchases to avoid the required process of obtaining quotes or bids. Sole Source Purchase — Purchases that can be made from only one vendor as defined by State Law. Specifications — Detailed description for an item or service. Specifications must be complete and sufficiently defined in order to provide the exact product or service required. Tax Exemption — The City is tax exempt from paying local or state sales tax, and federal excise tax. The City is not exempt from Hotel Occupancy Tax. Vendor — A business entity or individual that seeks to have or has a contract to provide goods or services to the City. 291Page CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADOPTING A PURCHASING POLICY WHEREAS, the City of Anna, Texas (the "City") is committed to principles and practices of open and fair government that honor the public trust; and, WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that it is in the interest of the neighbors of Anna to adopt Purchasing Policies that establish policies and procedures to govern the management and care of public funds required for operation of the City; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. SECTION 2. Purchasing Policy Adoption. The Council hereby approves the Purchasing Policy attached hereto as Exhibit 1 and incorporated herein for all purposes. Section 3. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council, declares that it would have passed each and every part of this ordinance notwistanding the omission of any part that is declared invalid or unconstitutional. Section 4. Effective Date This ordinance shall become effective after its passage and upon the posting and/or publication, if required by law. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this, the 25tn day of October, 2022. ORD. PAGE 1 OF 2 ATTESTED: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor ORD. PAGE 2 OF 2 THE CITY OF Anna AGENDA ITEM: Item No. 6.j. City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Ray Isom Approve Resolution Authorizing Agreement with Lexipol, LLC for Fire Policy Management (Fire Chief Ray Isom) SUMMARY: Since submitting budget requests for FY'23, the Fire Chief has identified an additional need regarding standardizing and enhancing current departmental Standard Operating Procedures and Policies (SOP's). The initial SOP process was completed internally last year, requiring major time dedication on the part of command staff. Moving forward, Chief Isom has outlined a course of action that is identical to that of the Anna Police Department in refining their SOP's/Standing Orders in 2020-2021. The Fire Chief's proposal utilizes the company that the police department used during their process and continues to use (i.e. Lexipol — based in Frisco, Texas). This effort resulted in positive outcomes that can be proven and are demonstratable within the police department. Lexipol will create the framework for the fire department to begin pursuing Texas Fire Chief's Association Best Practices. This initiative was identified by Mr. Proce and Chief Isom several years ago and the department is now at the appropriate juncture to begin this process. Besides the pursuit of Best Practices, the final product will also reduce overall city liability, integrate the city's Personnel and Purchasing Policies, integrate all applicable state and federal laws, centralize the department's SOP documents into a single online database, provide employee training, and elevate accountability across the agency. The Lexipol process is a professional services agreement that utilizes Sourcewell, making it a turnkey method that is already in alignment with the city's Financial Policy. Chief Isom has identified this as a fundamental need at this juncture in the fire department's growth. The proposed 3rd party agreement creates the basic elements required to integrate, automate, and further refine a more progressive and efficient policy and procedure mechanism for the fire department. FINANCIAL IMPACT: This project implementation is funded through the current FY'23 Fire Department budget at a cost not to exceed $23,468. Subsequent annual policy renewals will apply. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. RESOLUTION Professional Services - Lexipol 2. Anna FD-TX_Lexipol Proposal - Policy -Procedures 3. Anna FD-TX_Lexipol Agreement with prorated period APPROVALS: Stephanie Welch, Adm Assistant Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ANNA AND LEXIPOL, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("LEXIPOL"), FOR THE USE OF SOFTWARE AND SUBSCRIPTION MATERIAL. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it is in the best interest of the City to enter into an Agreement with Lexipol, LLC, for the purchase and use of software and subscription material for the Fire Policy Management; and WHEREAS, the City Council finds that the aforementioned Agreement attached hereto, is vital to support the city's Long -Term Mission and the City of Anna's Strategic Plan with regard to creating a High Performing, Professional City; and WHEREAS, the City Council desires to authorize the City Manager to execute the above - referenced Agreement attached hereto, with Lexipol, LLC. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreement and authorizes the City Manager to execute any associated documents necessary to consummate the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of October, 2022. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike 111 LEXPOL SOLUTIONS PROPOSAL PREPARED FOR: Anna Fire Department Chief Ray Isom risom@annatexas.gov (972) 924-2143 PREPARED BY: Nicole Falconer nfalconer@lexipol.com (949) 226-8080 2611 Internet Blvd, Ste 100 Frisco, Texas 75034 (844) 312-9500 www.lexipol.com Public safety agencies and local government organizations today face challenges of keeping personnel safe and healthy, reducing risk and maintaining a positive reputation. Add to that the dynamically changing legislative landscape and evolving best practices, and even the most progressive, forward -thinking departments can struggle to keep up. Lexipol's solutions are designed to save you time and money while protecting your personnel and your community. Our team consists of professionals with expertise in public safety law, policy, state and federal accreditation, training, mental and physical wellness and grants. We continually monitor changes and trends in legislation, case law and best practices and use this knowledge to create policies, training, wellness resources and funding services that minimize risk and help you effectively serve your community. THE LEMPOL ADVANTAGE Lexipol was founded by public safety experts who saw a need for a better, safer way to run a public safety agency. Since the company launch in 2003, Lexipol has grown to form an entire risk management solution for public safety and local government. Today, we serve more than 10,000 agencies and municipalities and 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. In addition to providing policy management, accreditation, online training, wellness resources, and grant assistance, we provide 24/7 industry news and analysis through the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1. Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues that create substantial risk, including: • Inconsistent and outdated polices • Lack of technology to easily update and issue policies and training electronically • Unchecked mental health needs of staff • Difficulty keeping up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with the intricacies of public safety law • The need to secure grant funding for critical equipment, infrastructure and personnel Lexipol is backed by the expertise of 440 employees with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, mental health, psychology, labor negotiations, Internal Affairs, use of force, hazmat, instructional design, federal and state grants and a whole lot more. That means no more trying to figure out policy, achieve accreditation, develop training or wellness content, or secure funding on your own. You can draw on the experience of our dedicated team members who have researched, taught and lived these Issues. We look forward to working with Anna Fire Department to address your unique challenges. Copyright 2020 © LexiD01 - Rev 6/28/2018 Page 2 of 7 Annual Renewal: Fire Policy Manual Subscription Policy Manual Constitutionally sound, up-to-date policies are the foundation for consistent, safe public safety operations and are key to reducing risk and enhancing personnel and community safety. Lexipol's comprehensive policy manual covers all aspects of your agency's operations. • More than 155 policies researched and written by public safety attorneys and subject matter experts • Policies based on State and federal laws and regulations as well as nationwide best practices • Content customized to reflect your agency's terminology and structure Daily Training Bulletins (DTBs) Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are designed to help your personnel learn and apply your agency's policy content through 2-minute training exercises. • Scenario -based training ties policy to real -world applications • Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the policy • Each Daily Training Bulletin concludes with a question that confirms the user understood the training objective • Daily Training Bulletins can be completed via computers or from smartphones, tablets or other mobile devices Reports show completion of Daily Training Bulletins by agency member and topic Policy Updates Lexipol's legal and content development teams continuously review state and federal laws and regulations, court decisions and evolving best practices. When needed, we create new and updated policies and provide them to your agency, making it simple and efficient to keep your policy content up to date. • Updates delivered to you through Lexipol's web -based content delivery platform • Changes presented in side -by -side comparison against existing policy so you can easily identify modifications/improvements • Your agency can accept, reject or customize each update Web -Based Delivery Platform and Mobile App (Knowledge Management System) Lexipol's online content delivery platform, called KMS, provides secure storage and easy access to all your policy and training content, and our KMS mobile app facilitates staff use of policies and training completion. • Ability to edit and customize content to reflect your agency's mission and philosophy • Efficient distribution of policies, updates and training to staff • Archival and easy retrieval of all versions of your agency's policy manual • Mobile app provides in -the -field access to policy and training materials Reports Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy -to -read reports that enhance command staff meetings and strategic planning. • Track and report when your personnel have acknowledged policies and policy updates • Produce reports showing completion of Daily Training Bulletins • Sort reports by agency member, topic and other subgroups (e.g., shift, assignment) • Reduce the time your supervisors spend verifying policy acknowledgement and training completion Supplemental Publication Service Lexipol's Supplemental Publication Service (SPS) streamlines the storage of your agency's content, giving you one place to access procedures, guidelines, general orders, training guides or secondary policy manuals. • Electronically links department -specific procedural or supplemental content to your policy manual • Provides electronic issuance and tracking for your agency's procedural or supplemental content • Allows you to create Daily Training Bulletins against your procedural content • Designed for standard operating guidelines, procedures, general orders or field guides Copyright 2020 © Lexipol - Rev 6/28/2018 Page 3 of 7 Fire Procedures 0 on a One -Time Cost: Fire Policy Manual Implementation Agency -Specific Content Extraction This service is perfect for agencies that wish to populate one or more Supplemental Publication Service (SPS) manuals with their existing content. We'll do the heavy lifting of incorporating your agency's supplemental content (procedures, guidelines, general orders, training guide or a secondary policy manual) into the SPS. Access to an electronic copy of your existing content and a subscription to the Supplemental Publication Service (SPS) is required. Data entry of agency procedures or supplemental content into Lexipol's Knowledge Management System (KMS). Note: Lexipol reserves the right to limit the amount of content being imported into the SPS. Consistent, professional formatting for your agency's policy -related content Hyperlink related content for enhanced end -user experience Standard Policy Cross -Reference Making the transition to Lexipol starts with understanding how your agency's current policy content compares with Lexipol's master policy content. Our Standard Policy Cross -Reference service provides a logical method to distinguishing between the two. • Analysis of your existing policies and procedures to identify content similar to Lexipol's state specific master content, as well as content unique to your jurisdiction and not covered within the Lexipol manual • Your existing policies returned with annotations and tips to integrate into the Lexipol master content • One-on-one review with your agency to discuss the cross-reference report Copyright 2020 © Lexipol - Rev 6/28/2018 Page 4 of 7 Implementation Policy Tier I: High -Risk Policies Benefit from our proven, systematic approach to implementing polices. Tier I represents about 20% of the manual, including foundational policies necessary to provide structure and authority to your policy manual, as well as policies addressing high -risk, low -frequency and high -risk, high -frequency incidents. You'll receive one- on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier II: High -Liability Policies Benefit from our proven, systematic approach to implementing polices. Tier II represents about 20% of the manual, including policies that relate to common day-to-day calls for service that have a higher level of potential liability. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier III: Daily Operations Policies Benefit from our proven, systematic approach to implementing polices. Tier III represents about 20% of the manual, including policies needed for orderly daily operations of your organization. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier IV: Defensibility Policies Benefit from our proven, systematic approach to implementing polices. Tier IV represents about 20% of the manual, including policies essential to agency and agency member defensibility, including civil liability -related topics. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier V: Operational Consistency Policies Benefit from our proven, systematic approach to implementing polices. Tier V represents about 20% of the manual, including policies needed to ensure operational consistency across your organization. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Copyright 2020 © Lexipol - Rev 6/28/2018 Page 5 of 7 Prepared By: Nicole Falconer Phone: (949) 226-8080 Email: nfalconer@lexipol.com Proposal Quote #: Q-46354-1 Date: 10/10/2022 Valid Through: 02/28/2023 Lexipol empowers first responders and public servants to best meet the needs of their residents safely and responsibly. We are the experts in policy, training and wellness support, committed to improving the quality of life for all community members. Our solutions include state -specific policies, online learning, behavioral health resources, funding assistance, and industry news and information offered through the websites Police1, FireRescue1, EMS1 and Corrections1. Lexipol serves more than 2 million public safety and government professionals in over 10,000 agencies and municipalities. The services proposed below are designed to meet your agency's specific goals and needs. Phase 1 Prorated Subscription Plus Policy Impelemtation QTY 1 DESCRIPTION. Annual Fire Policy Phase 1 Manual & Daily Training Bulletins w/Supplemental Publication Service w/Fire Operations Procedures (Start: 11 /1 /2022 End: 9/30/2023) USD 5,300.16 DISC 5% USD 265.01 DED USD 5,035.15 Subscription Line Items Total USD 265.01 USD 5,035.15 1 Fire Standard Policy Cross -Reference USD 2,585.00 5% USD 129.25 USD 2,455.75 1 Fire Agency -Specific Content Extraction USD 2,195.00 5% USD 109.75 USD 2,085.25 1 Fire Tier I Implementation USD 2,497.00 5% USD 124.85 USD 2,372.15 1 Fire Tier II Implementation USD 2,879.00 5% USD 143.95 USD 2,735.05 1 Fire Tier III Implementation USD 3,616.00 5% USD 180.80 USD 3,435.20 1 Fire Tier IV Implementation USD 2,808.00 5% USD 140.40 USD 2,667.60 1 Fire Tier V Implementation USD 2,822.00 5% USD 141.10 USD 2,680.90 One -Time Line Items Total USD 970.10 USD 18,431.90 USD 1,235.11 USD 23,467.05 Phase 1 Prorated Subscription + Policy Implementation Sourcewell Discount: Phase 1 Prorated Subscription + Policy Implementation TOTAL: USD 1,235.11 USD 23,467.05 Copyright 2020 © Lexipol - Rev 6/28/2018 Page 6 of 7 Term 2: First Full Annual Policy Subscription (12 months) Begins 10/01/2023 Annual Fire Policy Manual & Daily Training Bulletins w/Supplemental Publication Service w/Fire Operations Procedures (12 Months) Subscription Line Items Total USD 9,366.00 5% 1 USD 468.30 USD 468.30 USD 468.30 Term 2: Policy Subscription (12 months) Begins 10/1/2023 Sourcewell Discount: Term 2: Policy Subscription (12 months) Begins 10/1/2023 TOTAL: *Fire pricing is based on 23 Fire Authorized Staff. Discount Notes Sourcewell Member ID# 147685 - 5% off all services. USD 8,897.70 USD 8,897.70 USD 8,897.70 USD 468.30 USD 8,897.70 Copyright 2020 © Lexipol - Rev 6/28/2018 Page 7 of 7 1111rLEXIP01 Agency's Name: Agency's Address: Agency's Sourcewell Member ID: Attention: Lexipol's Address: Effective Date: MASTER SERVICE AGREEMENT Anna Fire Department 305 S Hwy 5 POB 487 Anna, Texas 75409 Chief Ray Isom 2611 Internet Boulevard, Suite 100 Frisco, Texas 75034 (to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the `Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above. This Agreement consists of: (a) this Cover Sheet (b) Exhibit A - Selected Services and Associated Fees (c) Exhibit B - Terms and Conditions Specific to this Agreement This Agreement is entered into subject to the terms and conditions contained in Sourcewell Contract Number 011822-LXP (the Sourcewell Contract). In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions set forth in the Sourcewell Contract, the terms and conditions of the Sourcewell Contract shall control. Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Anna Fire Department Signature: Print Name: Title: Date Signed: Lexipol, LLC Signature: Print Name: Title: Date Signed: Copyright 2021 © Lexipol - Rev 12/28/2020 Exhibit A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following: Phase 1 Prorated Subscription Plus Policy Implementation QTY 1 DESCRIPTION• Annual Fire Policy Phase 1 Manual & Daily Training Bulletins w/Supplemental Publication Service w/Fire Operations Procedures (Start: 11/1/2022 End: 9/30/2023) USD 5,300.16 DISC 5% DED USD 265.01 USD 5,035.15 Subscription Line Items Total USD 265.01 USD 5,035.15 1 Fire Standard Policy Cross -Reference USD 2,585.00 5% USD 129.25 USD 2,455.75 1 Fire Agency -Specific Content Extraction USD 2,195.00 5% USD 109.75 USD 2,085.25 1 Fire Tier I Implementation USD 2,497.00 5% USD 124.85 USD 2,372.15 1 Fire Tier II Implementation USD 2,879.00 5% USD 143.95 USD 2,735.05 1 Fire Tier III Implementation USD 3,616.00 5% USD 180.80 USD 3,435.20 1 Fire Tier IV Implementation USD 2,808.00 5% USD 140.40 USD 2,667.60 1 Fire Tier V Implementation USD 2,822.00 5% USD 141.10 USD 2,680.90 One -Time Line Items Total USD 970.10 USD 18,431.90 USD 1,235.11 USD 23,467.05 Phase 1 Prorated Subscription + Policy Implementation Sourcewell Discount: Phase 1 Prorated Subscription + Policy Implementation TOTAL: USD 1,235.11 USD 23,467.05 Term 2: First Full Annual Policy Subscription (12 months) Begins 10/1 /2023 1 Annual Fire Policy Manual & Daily Training USD 9,366.00 5% USD 468.30 USD 8,897.70 Bulletins w/Supplemental Publication Service w/Fire Operations Procedures (12 Months) Subscription Line Items Total Uav 'foo.au USD 8,897.70 USD 468.30 USD 8,897.70 Term 2: Policy Subscription (12 months) Begins 10/1/2023 Sourcewell Discount: USD 468.30 Term 2: Policy Subscription (12 months) Begins 10/1/2023 TOTAL: USD 8,897.70 *Fire pricing is based on 23 Fire Authorized Staff. Copyright 2021 © Lexipol - Rev 12/28/2020 The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement. Discount Notes Sourcewell Member ID# 147685- 5% off all services. Copyright 2021 © Lexipol - Rev 12/28/2020 Exhibit B Terms and Conditions of Service 1. Definitions. For purposes of Lexipol's Terms and Conditions of Service (the "Terms"), each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc. 1.1 "Agency" means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services. 1.2 "Agreement" means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol's subscription and pricing information sheets, which are typically included as an Exhibit A ("Services Being Purchased and Related Fees") or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms. 1.3 "Derivative Work(s)" means work(s) based on Lexipol's Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, "Derivative Work" includes any work considered a "derivative work" under United States copyright law. 1.4 "Effective Date" means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the "Effective Date." 1.5 "Initial Term" means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol. If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 "Service(s)" means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time. 1.7 "Subscription Materials" means all policy manuals, supplemental publications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services. 2. Term. The Agreement becomes enforceable upon signature by Agency's authorized representative. Following the Initial Term, the Agreement shall renew in successive one-year periods thereafter (each a "Renewal Term") unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the then -current term. The Initial Term and all Renewal Terms collectively comprise the "Term" of the Agreement. 3. Termination. 3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency's termination for convenience. 4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency's access to Lexipol's Services shall cease. Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service -Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms), and this Section 4 shall survive the expiration or termination of the Agreement for any reason. 5. Fees and Invoicing. Unless otherwise agreed upon in writing, Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All amounts required to be paid under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol's Services, except for taxes based on Lexipol's net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1 %) per month, or (b) the highest rate permitted by applicable law. 6. Service -Specific Terms. The following sections apply to specific Lexipol Services: 6.1 Policy. Lexipol's policy Subscription Materials and Knowledge Management System ("KMS") are proprietary, protected under U.S. copyright, trademark, patent, and/or other applicable laws, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol's Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights, intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non -assignable right to use the Subscription Materials for Agency's internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency's creation or use of Derivative Works. Lexipol's Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered "policy makers" in any legal or other sense, and that Agency's highest-ranking official shall, for all purposes, be considered the "policy maker" with regard to same. Lexipol's KMS Service is subject to the Service Level Agreement attached to these Terms. 6.2 Learning. Lexipol's Learning Management System ("LMS"), offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other laws. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency's right to use the LMS is limited to the rights expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency's property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol's LMS Service is subject to the Service Level Agreement attached to these Terms. Copyright © Lexipol, LLC 1995-2022 Rev. 1.1.2022 6.3 Wellness. This Section applies when Agency subscribes to Lexipol's Wellness Application ("Wellness App") offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image -based, or video -based content underlying the Wellness App that is not specifically provided by Agency is the proprietary intellectual property of Lexipol and/or its suppliers or licensors, protected to the maximum extent permitted by trademark, copyright, and patent laws. Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise. 6.4 Grants. This Section applies when Agency selects Lexipol's Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Lexipol's grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines, but Lexipol shall be considered Agency's duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees. Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service. Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant. Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past -due payments are received in full, and may terminate Agency's access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee. 6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol's trade secrets, intellectual property, Confidential Information, Subscription Materials, KMS, LMS, Wellness App, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to discover any object code, source code, or proprietary data underlying the Services. Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol's rights, and perform Lexipol's obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy. 7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains solely responsible for maintaining the confidentiality of Agency's username(s) and password(s) and the security of Agency's account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency's account(s) or use of Agency's username(s) and/or password(s) by any person or entity other than authorized Agency personnel. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's Account or Agency's username(s) and/or password(s). 8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol's systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view -only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs) to Agency's affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees. Copyright © Lexipol, LLC 1995-2022 Rev. 1.1.2022 9. Confidentiality. During the term of the Agreement, either party may be required to disclose information to the other party that is marked "confidential" or is of such a type that the confidentiality thereof is reasonably apparent (collectively, "Confidential Information"). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party's directors, officers, employees, agents and other representatives (collectively "Representatives") who have a need to know such Confidential Information in connection with the Services; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this section by any of such party's personnel or agents. 10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS - IS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 11. Limitation of Liability. Lexipol's cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately priorto the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. 12. General Terms. 12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement. 12.2 Invalidity of Provisions. Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intention as reflected in such provision to the maximum extent possible. 12.3 Waiver. Lexipol's failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy. 12.4 Governinq Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. Copyright © Lexipol, LLC 1995-2022 Rev. 1.1.2022 12.5 Compliance with Laws. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms. 12.6 Attorney's Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litigation. 12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time. Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party. 12.8 Entire Agreement. The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby. 12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement. Lexipol Service Level Agreement for Cloud -Based Services 1. Response Times. For issues relating to Lexipol's online, cloud -based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol's Normal Support Channels) within two (2) Business Days after receipt. 2. Uptime Commitment. The Uptime Percentage for the Service will be ninety-nine and five -tenths percent (99.5%) (the "Uptime Commitment"). Subject to the exclusions described in below, "Uptime Percentage" is calculated by subtracting from 100% the percentage of 1-minute periods during any annual billing cycle in which Agency's selected Service(s) are unavailable out of the total number of minutes in that billing cycle. "Unavailable" and "Unavailability" mean that, in any 1-minute period, all connection requests received by Agency failed to process (each a "Failed Connection"); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools. 3. Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly -scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol's support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol's Normal Support Channels; (c) Any issues with a third -party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency's control, the Internet, or other issues with electronic communications; (e) Lexipol's suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol's published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency. Copyright © Lexipol, LLC 1995-2022 Rev. 1.1.2022 THE CITY OF manna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Ray Isom Approve Resolution Authorizing Agreement with Emergency Services Consulting International (Fire Chief Ray Isom) SUMMARY: In preparation for FY'23, the Fire Chief submitted a budget request related to the selection of a 3rd party professional consultant. This request was approved, and the appropriate funding was allocated for the project. The requested services are in direct response to the tremendous growth and expansion of the city. The final products will assist the fire department greatly in charting the most efficient and effective course of action as well as monitor progress in the fundamental areas of fire, EMS, rescue, and fire prevention. This effort is in alignment with Chief Isom's commitment to expanding the fire department in order to meet the highest expectations and needs of the Anna community. Emergency Services Consulting International (ESCI) will provide the city and fire department with a Community Risk Assessment, Long -Range Master Plan (approximately 8 — 10 years), an updated Strategic Plan, and a Standards of Cover report. Chief Isom has identified this project as a fundamental need at this juncture in the fire department's growth. The proposed 3rd party agreement will yield a plan that is required for further funding requests and will refine the department's planning process over the next eight to ten years. The ESCI process is a professional services agreement that utilizes NPPGov (National Purchasing Partners Group), making it a turnkey method that is already in alignment with the city's Financial Policy. Chief Isom has made it a priority of his department to maintain the city's ISO rating (currently an ISO-2), prepare detailed plans for growth, and identify major asset and CIP acquisition needs. The ultimate goal of this package is to assist fire command staff in continuing to improve service delivery through feasibility studies, identify and incorporate benchmarks, and to adapt to information gathered through performance sustainability analysis. Currently, the fire department's call volume pattern projects over 2,700 calls for service in FY'23. Subdivisions and commercial developments are continuing to be constructed at an accelerated rate. A Community Risk Assessment, Long -Range Master Plan, and Fire Department Strategic Plan will significantly assist the department in anticipating service demands, plan for resource concentration and distribution, conduct asset management, and study community -wide response performance and reliability. FINANCIAL IMPACT: This project implementation is funded through the current FY'23 Fire Department budget at a cost not to exceed $64,583. [.3101_'lIXr][0016]►1zIx0Ilei 1!63 This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: Staff recommends approval. ATTACHMENTS: 1. RESOLUTION Professional Services - Emergency Services Consulting Intl (ESCI) 2. Anna TX Master and Strategic Plan Proposal 2022 3. ESCI - Contract 2022 APPROVALS: Stephanie Welch, Adm Assistant Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ANNA AND EMERGENCY SERVICES CONSULTING INTERNATIONAL ("ESCI") TO CONDUCT A COMMUNITY RISK ASSESSMENT, LONG-RANGE MASTER PLAN AND AN UPDATED STRATEGIC PLAN FOR THE ANNA FIRE DEPARTMENT. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it is in the best interest of the City to enter into an Agreement with ESCI to conduct a Community Risk Assessment, Long -Range Master Plan and an updated Strategic Plan for the Anna Fire Department; and WHEREAS, the City Council finds that the aforementioned Agreement attached hereto, is vital to support the city's Long -Term Mission and the City of Anna's Strategic Plan with regard to creating a High Performing, Professional City; and WHEREAS, the City Council desires to authorize the City Manager to execute the above - referenced Agreement attached hereto, with Emergency Services Consulting International. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreement and authorizes the City Manager to execute any associated documents necessary to consummate the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 25t" day of October, 2022. ATTEST: APPROVED: City Secretary, Carrie L. Land Mayor, Nate Pike Project Proposal Master and Strategic Plan Emergency Services International 25030 SW Parkway Avenue, Suite 330 Wilsonville, OR 97070 P 1.800.757.3724 1 E info@esci.us I W www.esci.us Cover Letter October i9th, 2022 RE: Master and Strategic Plan Emergency Services Consulting International (ESCI) is pleased to submit our proposal to conduct a Master and Strategic Plan. ESCI is well -positioned to assist you with this important project. ESCI has worked with many communities across the country; our project team has significant experience in the development and delivery of Community Risk Assessments, Standards of Cover, Strategic Plans, Agency Evaluations and Master Plans, Staffing and Organizational Studies, Fire Station Assessments, and similar planning studies and reports. Established in 1976, ESCI specializes in high quality, professional consulting services to public safety and emergency management organizations throughout the United States and Canada. Considered by many to be the nation's leader in public safety consulting, the ESCI team brings first-hand experience and subject matter experts in emergency planning, mitigation, response, and recovery, with active involvement in highly visible and responsible leadership positions. ESCI operates on the principles of honesty, integrity, and service. You can count on us to understand your issues, challenges, and responsibilities, and to provide proven, community -driven solutions and best practices designed to meet your specific needs, on time and within budget. ESCI is pleased to submit this response with a recommended project team, unique qualifications, work approach and plan, references, timelines, and cost proposal. We thank you for the opportunity to submit this proposal and are looking forward to working with you on this important project. Should you have any questions, please do not hesitate to contact me or your Project Oversight, Joe Powers at Joe.Powers@esci.us. Sincerely, _7kz�N Andrea D. Hobi, Business Manager Emergency Services Consulting International Esci.us 1 503.570.7778 1 Andrea. Hobi@a esci.us IESCJ ESCI Overview Emergency Services Consulting International (ESCI) is an international firm t providing specialized, high -quality professional fire, police, communications, and l emergency medical services (EMS) consulting services to organizations throughout the United States and Canada. ESCI has been meeting the needs of emergency services agencies since 1976, and is considered by many to be the nation's leader in emergency services consulting. Utilizing both full-time staff and over 6o expert field consultants nationwide, ESCI provides consulting services to municipalities; fire, ambulance, and hospital districts; non-profit organizations; and the industrial and commercial community. ESCI is recognized as an expert in the field by the emergency services community. This is confirmed by our ongoing relationship with the International Association of Fire Chiefs (IAFC), the Western Fire Chiefs Association, the National Fallen Firefighters Foundation, the National Volunteer Fire Council, and the hundreds of clients we serve from coast to coast. Since the beginning, ESCI has operated on the principles of honesty, integrity, and service. ESCI's philosophy is to maintain an active involvement within the emergency services disciplines and related fields —staying ahead of the rapid changes and issues facing our clients. The mission of ESCI is to provide expertise and guidance that enhances community safety. We accomplish this by providing the highest value of consulting services and educational programs. ESCI utilizes a team of professionals committed to offering highly beneficial programs covering current and anticipated fire, police, communications, emergency management, and EMS issues and needs. We provide a wide array of services, including organization audits and evaluations, cooperative effort and consolidation, health and safety evaluations; master, strategic, and growth management plans; deployment planning, hazard mitigation planning, executive searches, assessment centers, and customized consulting. ESCI has helped improve emergency services in hundreds of communities throughout the country. Our innovative training programs are improving the way organizations and people work. ESCI encourages creative solutions to complex system dilemmas. The firm recognizes the cultural, economic, operational, legal, and political realities of the local environment. ESCI avoids pre -conceived biases in order to develop and implement creative and long-lasting solutions. In addition, ESCI equips its clients with the background, understanding, and confidence to tackle future problems as they arise. ESCI's field associates have been active practitioners in their respective fields, with many involved in highly visible and responsible national leadership positions in fire/rescue services, EMS, and law enforcement. We understand your issues, challenges, responsibilities, and offer proven methods to improve your effectiveness. IEStJ ItThe mission of ESCI is to provide expertise and guidance that enhances community safety. We accomplish this by providing the highest value of consulting services and educational programs. It ■ The ESCI Advantage ESCI's advantage begins with our technical expertise and capability, extends to our experienced and highly qualified staff, and concludes with a product that will enable your organization to meet the challenges of emergency services into the future. ESCI's team has first-hand experience in the process of analyzing emergency service providers and recommending an array of opportunities that are economically, culturally, and operationally feasible. Each team member is a specialist in fire, rescue, law enforcement, EMS, or related fields. The team will work collaboratively to create the best possible strategies and options for your organization. The ESCI Advantage includes: A clear understanding and appreciation of the complexity of the local and regional environment. Over 40 years of public safety consulting experience; the successful completion of hundreds of consulting engagements. The ability to deliver a high -quality product on time, and with organizational support and endorsement. Knowledge of contemporary issues associated with the delivery of emergency services. Experience with a variety of jurisdictions including municipalities, counties, and state governments. A highly skilled and knowledgeable team of professionals with skill -sets necessary to meet your expectations. ■ ESCI at a Glance Mission: Provide expertise and guidance that enhances community safety. Established in 1976. Headquartered in Wilsonville, Oregon, with a corporate office in Virginia. Extensive fire and EMS consulting throughout the U.S. and Canada. Fifteen full-time employees, with expert field consultants located throughout the country. ■ ESCI Offices In order to better serve our clients, ESCI maintains our Corporate Office in Virginia and a Headquarters Office in Oregon. The following is the contact information for each office, along with a complete organization chart. Headquarters Office Andrea Hobi, Business Manager 25030 SW Parkway Avenue, Suite 330, Wilsonville, OR 97070 Phone: 800.757.3724 • Email: andrea.hobi@esci.us Corporate Office Mike Roth, Operations Manager 4795 Meadow Wood Lane, Chantilly, VA 22033 Phone: 703.5o6.9400 • Email: mike.roth@esci.us ■ ESCI Organizational Chart The following is an organizational chart of Emergency Services Consulting International, which includes descriptions of our various positions and services. E 1 CUSTOMER CENTERED STRATEGIC PLAN PROJECT DESCRIPTION AND SCOPE OF WORK Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety 25030 SW Parkway Avenue, Suite 330 Wilsonville, OR 97070 CUSTOMER CENTERED STRATEGIC PLAN The strategic planning process results in a three -to -five-year work plan, intended to guide the work effort of the entire organization toward a common set of goals and objectives. The process includes representation from every major interest group in the organization. Each person in the department should feel that their interests are represented by someone in attendance on the planning team. A strategic plan is often completed as a stand-alone process, or alternately, is used to follow a Long Range Master Planning study. The Master Plan report will result in a lengthy list of work that needs to be completed. Prioritizing and planning for the implementation of the findings can be a daunting task, one that may be best addressed by the use of a strategic planning approach. Typically, all members of the department are invited to submit their individual, anonymous feedback on a SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis well in advance of the planning workshop. Each member of the department identifies five issues for each category they believe are the strengths and weaknesses of the agency, and what are believed to be opportunities or threats facing the department. The results of the department -wide SWOT Analysis are compiled by ESCI and de -conflicted (elimination of duplicates). The results are shared with the planning team in the first day of the workshop. As a customer -centered process, ESCI works with the department to identify the right mix of external stakeholders (citizens) to invite to a "citizens forum." This two-hour session occurs the night before the two-day planning workshop with an internal planning team of 12-20 participants. ESCI facilitates the citizen forum, walking the attendees through a structured process to gain insights into their expectations of the department for services and planning elements. The results of this forum are shared with the internal planning team the next morning to ground the participants in meeting the customers' needs. On the first day of the planning workshop, the agency's mission, vision, and values are reviewed and if needed, modified or created if they did not previously exist. The planning team then reviews the results of the compiled SWOT analysis and collectively votes on the top five issues for each of the categories. Once they are compiled, the planning team discusses the rankings and identifies broad themes. These themes form the strategic initiatives for the strategic plan. After the strategic initiatives are created, the planning team is broken into small groups to develop goals which, if successfully completed, accomplish the strategic initiative. The smaller groups facilitate deeper conversation, brainstorming, and discussion than a larger group allows. However, each small group reports out to the full planning team to "cross-pollinate" ideas and concepts. This also creates buy -in from the larger team. Once the goals have been identified, the smaller groups may be mixed up to avoid group -think and begin developing measurable objectives for each goal. Again, these are reported out to the full planning team for refinement. The small groups which develop objectives are also asked to create an "outcome statement," which describes the intended outcome for the objective. The outcome statement may be a performance metric (e.g., Unit turn -out times improved by 20% over 2016 times) or a simple outcome (e.g., A promotional guidance document exists which assists upwardly mobile members prepare for promotional exams). Once the initiatives, goals, objectives, and outcomes have been identified, timelines are established. ESCI will facilitate assignment of timelines, ensuring relatively balanced workload over the life of the plan. ESCI will then compile the results of the two-day workshop and provide a draft for the department to review. After any necessary revisions, the report will be finalized, printed, and provided to the agency for adoption and implementation. Following is a detailed scope of work for the Strategic Planning process. Scope of Work I Customer -Centered Strategic Plan Phase 1: Project Preparation Task 1-A: Project Initiation & Scheduling ESCI will develop a project plan and converse with the community's project liaison to gain a comprehensive understanding of the organization's background, goals, and expectations for the strategic plan process. The project plan will be developed identifying: • Local strategic planning team composition and recruitment • Strategic planning workshop format • Schedule • Location and other logistical issues • Potential impediments and organizational issues This meeting will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Phase 11: Customer -Centered Environment Assessment Task 2-A: Member Survey In order to provide internal personnel with an opportunity to participate in this data gathering event, ESCI's Survey Manager will work with the ESCI Project Manager to develop the internal survey.' The survey will be designed to gather detailed feedback related to several aspects of the members' priorities, opinions, and expectations related to service delivery, core services and programs, positive and corrective issues, and recommendations for the Strategic Plan. ESCI recommends that the survey be accessible to all personnel. ' All survey tools will be approved by the agency's project manager prior to distribution. ESCI's Survey Manager will receive the responses directly and will develop and produce an executive summary of the survey results. To ensure respondent anonymity, ESCI will obtain survey responses confidentially. This will be accomplished using an internet-based survey accessible only by the intended participants. The survey results will be delivered directly to ESCI's headquarters office. ESCI's Survey Manager will develop and produce an executive summary of the survey results. Task 2-8: Public Meeting and Assessment of Customer Needs and Expectations ESCI facilitators will assist the department in identifying external customers/key members of the community. Once identified, invitations will be mailed and ESCI will convene these external customers/community leaders for the purpose of addressing the issues outlined above and gaining a realistic view of external customer needs and expectations. The project team will organize these meetings after normal working hours to accommodate citizen work schedules. ESCI has found through experience that 80 to 90 percent of the invitees attend these sessions and actively participate. At a minimum, we recommend the representatives of this citizen's focus group include, but not be limited to: • Business owners • Service groups representative(s) (i.e., Chamber of Commerce, Rotary, Lions) • Prominent citizens in the community • Members of civic organizations • Media representative(s) • Multiple citizens who have been actual recipients of fire and EMS services respectfully • Representatives of neighborhood organizations and/or homeowner associations • Representatives of non-profit organizations • Representatives of local industry • Other citizen -customers as identified by the strategic planning group ESCI will facilitate these group meetings with the presence of one organization representative, usually a chief or chief officer, to act only as a technical resource and to answer questions that may arise that the facilitator is unable to answer. In addition to facilitating the session(s), ESCI may utilize surveys and questionnaires to gather necessary information. This step is critical, as it ensures that customer needs and concerns are incorporated into the strategic plan. More and more, the public is demanding the accomplishment of specific objectives and services with fewer resources. This step ensures that the public concerns are recognized by the organization and incorporated into the long-range strategic planning processes and arms influential members of the public with important background information about their public safety agency that they might not have been exposed to under normal circumstances. The process will seek to identify: • Customers positive attributes of the organization • How "good service" is measured by the customer • How customers prioritize the services provided by the organization • Areas of customer concern about the organization • Customer expectations Phase 111: Planning Workshop ESCI will facilitate the development of an organizational strategic plan utilizing a local planning team (12 to 20 persons) that includes representatives of the elected body and various levels of the organization itself. The strategic planning process will involve a two-day strategic planning "retreat" to be held on consecutive days at an appropriate location within the community suitable for both full group sessions, as well as breakout small group work sessions. Task 3-A: Vision, Mission, and Values ESCI's experienced facilitators will guide the local planning team in the development of meaningful vision, mission, and values: • Vision statements describe the way the organization views itself in the future • Mission statement describes the purpose for which the organization exists • Values enumerate the principles or ideas that are important to the members ESCI will facilitate discussions that ensure participation by all present in order to stimulate challenging thought processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key internal standards creates the moral and practical guidelines of the organization. Task 3-B: Internal and External Assessments ESCI will guide the local planning group through the honest and objective assessment of internal issues and external challenges, also known as the SWOT Analysis. Internal Assessment • Strengths of the organization • Weaknesses of the organization External Assessment ' Opportunities facing the organization • Threats challenging the organization Analyzing the strengths, weaknesses, opportunities for, and threats to the organization is the next critical step in the strategic planning process. Strengths are important as they represent areas of the organization to be built upon, and weaknesses are areas to be identified as potential sources for improvement. Opportunities are vital to the future of the organization and should be viewed as positive prospects for growth and enhancement, while threats must be identified and addressed in advance, where possible. Other critical issues facing the department may be identified by the strategic planning group at this point as well. These may include issues that the strategic planning group identifies as issues critical to the health and success of the organization. Task 3-C: Goals and Objectives ESCI will direct the local planning team in the establishment of goals and objectives, critical tasks, and timelines that are imperative to the organization and the participation of individual members. • Establishment of organizational goals that address the identified concerns of the external and internal customers over a one -to -five-year timeframe • For each goal, the development of one or more measurable objectives that are written in such a manner as to describe the criteria by which an outcome is judged complete or successful • Development of associated tasks for each goal and objective utilizing the format of identified measurable criteria • Development of reasonable time for completion Attainment of this task will be demonstrated by the establishment of realistic goals and objectives for the organization. In order to meet the mission of the organization, the establishment of these goals is essential to providing the organization and the individual members with a clear direction. The goals and objectives established during this process will become management tools and should be updated on a continuous basis as priorities change and as specific goals and/or objectives are achieved. The goals and objectives can then be used to identify what has been achieved and to denote changes within the community and the organization. Fastidiously following these goals and objectives will provide the department with the necessary direction and guidance into the future. This should also support the department by reducing the number of impediments, disruptions, and uncertainties for the organization and its members. Task 3-D: Outcome/Performance Metrics ESCI will direct the local planning team in discussions regarding the establishment of performance measures that assist the organization in measuring their progress toward the organizational vision. This will be an ongoing process and may initially involve concepts of performance measurement that will require modifications in the collection of necessary data as the organization becomes more focused on measuring achievement and outcomes. Phase IV: Published Strategic Plan Document Task 4-A: Publication of Final Strategic Plan Report ESCI will develop and provide the client with a draft Strategic Plan electronically for review and comment. Any changes noted on the draft will be addressed by ESCI, which will then produce five publication -quality bound, final versions of the written Strategic Plan document. An electronic version of the document will also be provided. MASTER PLAN PROJECT DESCRIPTION AND SCOPE OF WORK Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety 25030 SW Parkway Avenue, Suite 330 Wilsonville, OR 97070 Long -Range Master Plan The Long -Range Master Plan is designed to assist communities with quantifying its current service to the community, evaluating service delivery and response performance, identifying forecast growth and resultant future service demand, and developing strategies for meeting projected needs. In brief, the Master Planning Process is designed to answer three questions: 1. Where is our organization today? This is achieved via a detailed evaluation of the public safety agency as it is currently configured. 2. Where will we need to be in the future? This is based on ESCI's analysis of past and future population growth and forecast future service demand. 3. How will we get there? Providing short- and long-range future strategies designed to address long-term, future needs. The Long -Range Master Plan Scope of Work follows: SCOPE OF WORK: Emergency Services Master Plan Phase 1: Project Initiation Task i-A: Project Initiation & Development of Work Plan ESCI will develop a project work plan based on the scope of work and converse with the community's project team to gain a comprehensive understanding of the organization's background, goals, and expectations for the project. This work plan will be developed, identifying: Primary tasks to be performed Person(s) responsible for each task Timetable for each task to be completed Method of evaluating results Resources to be utilized Possible obstacles or problem areas associated with the accomplishment of each task This process will also help to establish working relationships, make logistical arrangements, determine appropriate lines of communication, and finalize contractual arrangements. Task 1-B: Acquisition & Review of Background Information ESCI will request pertinent information and data from the organization's assigned project manager. This data will be used extensively in the analysis and development of the master plan document. The documents and information relevant to this type of project will include, but not be limited to, the following: Past or current agency studies or research Community Comprehensive Plan documents, including current and future land use information Local census and demographics data Zoning maps and zoning code Financial data, including debt information, long-range financial plans and projections Agency administrative policies and procedures Standard Operating Guidelines (SOGs) and service delivery practices Current service delivery objectives and targets Facilities and apparatus inventories Local collective bargaining agreement(s), if applicable Automatic and mutual aid agreements Records management data, including National Fire Incident Reporting System (NFIRS) incident data Computer -Aided Dispatch (CAD) incident records Local Geographic Information Systems (GIS) data, where available Task 1-C: Stakeholder Input The ESCI project team will conduct interviews with and gather information from key personnel, including: Elected or appointed officials The agency's managers and other key staff Finance function manager Community planning staff Human resources function coordinator External fire and EMS agencies within the region Medical facilities, medical director for regional or community EMS, if necessary Employee and volunteer groups Others as they may contribute to the project The project team will interview key stakeholders of any organization associated with this study. At a minimum, members of the project team will interview the appropriate community officials, fire department officials, volunteer association leaders, labor organization representatives, and others that the project team deems necessary. From these interviews, ESCI will obtain additional perspectives on operational, economic, and policy issues facing the agency. In addition, the project team will learn more about the availability of data necessary to meet projected goals. Phase ll: Evaluation of Current Conditions The initial phases of the study focus on a baseline assessment of the current conditions and current service performance. ESCI will conduct an organizational analysis of the department based on the elements included in the following tasks. The purpose of this evaluation is to assess the agency's operations in comparison to industry standards and best practices, as well as to create a benchmark against which the options for future service delivery can be measured. Task 2-A: Organization Overview An overview of the organization and community will be developed discussing: Service area population and demographics History, formation, and general description of the agency Description of the current service delivery infrastructure Governance and lines of authority Foundational policy documents Organizational design Operating budget, funding, fees, taxation, and financial resources Task 2-B: Management Components The organization's basic management processes will be reviewed, including: Mission, vision, strategic planning, goals, and objectives Internal assessment of critical issues Internal assessment of future challenges Internal and external communications processes Document control and security Reporting and recordkeeping Information technology systems Task 2-C: Capital Assets and Capital Improvement Programs ESCI will review the status of current major capital assets (facilities and apparatus) and analyze needs relative to the existing condition of capital assets and their viability for continued use in future service delivery, including: Facilities: Tour and make observations in areas related to station efficiency and functionality. Items to be contained in the report include: Design Construction Safety Environmental issues Code compliance Staff facilities Efficiency Future viability Apparatus/Vehicles: Review and make recommendations regarding the inventory of apparatus and equipment. Items to be reviewed include: Age, condition, and serviceability Distribution and deployment Maintenance Regulations compliance Future needs Task 2-D: Staffing and Personnel Management ESCI will review the agency's staffing levels. Areas to be considered include: Review and evaluate administration and support staffing levels Review and evaluate operational staffing levels Review staff allocation to various functions and divisions Review staff scheduling methodology Analyze current standards of coverage and staffing performance for incidents Review firefighter/EMS staff distribution Review utilization of career and volunteer companies, if applicable and in accordance with methodologies recommended in NFPA 1710 and 3.720 Review responsibilities and activity levels of personnel Personnel management systems will also be reviewed, focusing on: Human resources policies and handbooks Quality and status of job descriptions Personnel reports and recordkeeping Compensation systems Disciplinary processes Counseling services Application and recruitment processes Testing, measuring, and promotion processes Health and wellness programs Task 2-E: Service Delivery and Performance ESCI will review and make observations in areas specifically involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: Service Demand Study Analysis and geographic display of current service demand by incident type and temporal variation Resource Distribution Study Overview of the current facility and apparatus deployment strategy, analyzed through Geographic Information Systems, with identification of service gaps and redundancies Resource Concentration Study Analysis of response time to achieve full effective response force Analysis of company and staff distribution as related to effective response force assembly Response Reliability Study Analysis of current workload, including unit hour utilization of individual companies (to the extent data is complete) Review of actual or estimated failure rates of individual companies (to the extent data is complete) Analysis of call concurrency and impact on effective response force assembly Response Performance Summary Analysis of actual system reflex time performance, analyzed by individual companies (to the extent data is available) Mutual and Automatic Aid Systems Task 2-F: Planning for Fire Protection and Emergency Medical Services The planning processes within the agency shall be reviewed. Key components include: Review and evaluate the adequacy of the current planning process Review elements of tactical planning within the organization Review operational planning within the organization Review strategic planning practices Review long-range or other planning efforts Make recommendations relative to future planning process needs Task 2-G: Support Programs ESCI will review and make overall observations involving support programs for the critical areas of training, life safety services, and communications. Items to be reviewed include: Training General training competencies Training administration Training schedules Training facilities Training procedures, manuals, and protocols Training record keeping Life Safety Services (Fire Prevention) Code enforcement activities New construction inspection and involvement General inspection program Fire and life -safety public education programs Fire investigation programs Pre -incident planning Statistical collection and analysis Phase 111: Future System Demand Projections The project moves forward with an assessment of the future community conditions, service demand, and fire protection risks that the organization can be expected to serve. ESCI will analyze community growth projections and interpret their impact on emergency service planning and delivery. Task 3-A: Population Growth Projections An interpretation of available census and community development data will be provided, indicating: Population history Census -based population growth projections Community planning -based population growth projections Task 3-B: Service Demand Projections Population growth projections, along with historical and forecast incident rates, will be utilized to develop projections for future service demand. Task 3-C: Community Risk Analysis Land use and zoning classifications will be used, along with specific target hazard information, to analyze and classify community fire protection risk by geography. This process will be completed with GIS software and will consider: Population and population density Demographics Community land use regulations Occupancy types by land use designation Hazardous substances and processes Phase IV: Future Delivery System Models The project concludes with strategies intended to place the organization in a position to serve its future demand and risks successfully. ESCI will develop and analyze various operational models for providing emergency services with the specific intent of identifying options that can deliver the desired levels of service identified in the previous task at the most efficient cost. Recommendations will be provided, identifying the best long-range strategy for service delivery and the impact of initiating such a strategy. In addition, short and mid-term strategies will be recommended for service delivery improvement or increased efficiency. Task 4-A: Review of Response Standards and Targets The establishment of fire and EMS response time standards and targets is a process that is undertaken by the local jurisdiction, based on their assessment of community risk, citizen expectations, and the agency's capabilities. As consultants, ESCI's role is not to set response standards forthe community, but rather provide assistance with data analysis and comparison to industry standards to assist the agency in developing service delivery goals. ESCI will identify the current level of emergency services provided by the department and compare the department's performance to industry standards and best practices, such as the standards described by the Insurance Services Office (ISO), National Fire Protection Association (NFPA), Center for Public Safety Excellence (CPSE), and locally adopted performance objectives. A review and discussion of existing response performance goals, if in place, will be provided, matching the nature and type of risks identified in the previous report sections. The performance goals shall be discussed with consideration to: Resource Distribution: Initial attack (first due) resources for risk -specific intervention Resource Concentration: Effective response force assembly (apparatus and personnel), of the initial resources necessary to stop the escalation of the emergency for each risk type Task 4-13: Recommended Long -Term Strategy ESCI will develop a recommended long-term option for resource deployment that will improve the agency's level of service towards the identified performance objectives and targets. This may include, but is not necessarily limited to, specific recommendations regarding: Any relocations of existing facilities General locations of future necessary fire stations Selection and deployment of apparatus by type Deployment of operations personnel Future administrative and support personnel Deployment of special units or resources Additional infrastructure or facilities for administration and support programs ESCI will evaluate and present in graphical and descriptive format for each of the deployment option(s): Degree of benefit to be gained through its implementation The extent to which it achieves established performance targets Potential negative consequences Task 4-C: Short and Mid -Term Strategies Recommendations for improving service delivery and system efficiency priorto any full implementation of the long-term strategy will be provided in areas such as: Agency management and organization Staffing and personnel deployment Service delivery methods Training programs Prevention programs Enhanced cooperative service agreements with other communities or agencies System funding and cost recovery Others as appropriate and necessary Task 4-D: Cost Projections ESCI will provide general projections of the cost of recommended long-term strategies, specifically related to: Facility changes or additions Staff changes or additions Primary apparatus changes or additions Cost projections will be provided for both capital expenditures and on -going operational costs. Operational costs will be provided as one-year projections of additional or reduced expenditures resulting from full implementation of the strategy. Additional findings and recommendations will be made, where appropriate, regarding: Options for long-term funding strategies Options for cost avoidance Options for cost recovery Phase V: Development, Review, and Delivery of the Project Report Task 5-A: Development and Review of the Draft Report ESCI will develop and produce an electronic version of the draft written report for review by the client and client representatives. Client feedback is a critical part of this project, and adequate opportunity will be provided for review and discussion of the draft report prior to finalization. The report will include: Detailed narrative analysis of each report component structured in easy -to -read sections and accompanied by explanatory support to encourage understanding by both staff and civilian readers Clearly designated recommendations highlighted for easy reference and cataloged as necessary in a report appendix Supportive charts, graphs, and diagrams, where appropriate Supportive maps utilizing GIS analysis, as necessary Task 5-113: Delivery and Presentation of the Final Report ESCI will complete any necessary revisions of the draft and produce five publication -quality bound, final versions of the written report along with an electronic copy in PDF file format. A formal presentation of the project report will be made by ESCI project team member(s) to staff, elected officials, and/or the general public as necessary and will include the following: A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations Supportive audio-visual presentation Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate Opportunity for questions and answers, as needed All presentation materials, files, graphics, and written material will be provided to the client at the conclusion of the presentation(s). Optional Sections to be Added or Substituted Note: The sections below are offered as options and can be included as needed. Add on to Task 2-G: Support Programs Communications Alarm systems and communications infrastructure PSAP and dispatch center capabilities and methods Dispatch center staffing Task 2-H: Emergency Medical Services Support and System Oversight Evaluate the current Emergency Medical Services support and oversight mechanisms to include, but not limited to, the following: Review of logistical support services Review of current medical control and oversight Review of quality assurance/quality improvement mechanisms in place Review of system integrity with regard to required credentialing Task 2-l: Haz-Mat Services Support and Response Capability Evaluate the agency's capabilities with regards to hazardous materials incident responses to include, but not limited to, the following: Review of physical and personnel resources Review of training and educational compliance Review of historical staffing performance with regard to hazardous materials responses Task 2-J: Technical Rescue Services Support and Response Capability Evaluate the agency's capabilities with regard to technical rescue incident responses to include, but not limited to, the following: Review of physical and personnel resources Review of training and educational compliance Review of historical staffing performance concerning technical rescue responses Task3-D: Public Input Meetings At the conclusion of Phases I, II, and III, ESCI staff will facilitate a community public input meeting intended to provide information and gather input from members of the general public, community organizations, and neighborhood associations. In order to assess public sentiment toward potential future system changes, discussions will center on the following issues: Customer perception of emergency services The desired level of service Support for adoption of an emergency services master plan General input The project team will prepare survey instruments, questionnaires, and forms to be used during the community input meeting. Professional graphics and a presentation of study objectives will be used to increase customers' understanding of their role in the process. The results of the assessment of current resources, projections of future demand and risk, and the fire service costs and existing funding sources will be summarized, presented, and discussed in the public input meeting. Data and input gathered from the meeting will be summarized within the study, as well as during meetings with internal stakeholders. ESCI will provide facilitation staff forthe public meeting, but will expect the client to assist with logistics, scheduling, meeting locations, and public advertising. Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety Proposed Project Fee Master Plan: $ 48,233 Strategic Plan: $ 16,350 TOTAL: $64,583 I Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety PERSONAL SERVICES CONTRACT This agreement made this day of 2022, by and between The City of Anna and Emergency Services Consulting International doing business as an Oregon corporation in Wilsonville, Oregon, hereinafter called ESCI. WITNESSETH: For and in consideration of the payment, agreements, and scope of work herein attached as Attachment A to be made and performed, Client and ESCI hereby agree to commence and complete the consultation, to provide the work described, and comply with the terms of the contract to conduct a Master and Strategic Plan. 2. ESCI will furnish labor, materials, and other services necessary to complete the Project for Client, and Client shall provide to ESCI the information, data, and assistance required as specified in the attached scope of work. 3. Fees: The Client shall pay ESCI a sum not to exceed Sixty Four Thousand Five Hundred Eighty Three Dollars ($64,583) including expenses. Client shall pay ESCI according to the following schedule: A. 10% due at contract signing B. Monthly payments as work progresses C. Payment shall be made within 30 days of receipt of invoice 4. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 5. The laws of Texas shall govern this agreement. 6. ESCI shall comply with all federal, state, and local laws applicable to the work under this agreement. 7. Termination. Client may terminate this agreement for any reason upon thirty (30) days written notice to ESCI. Payment for all work completed and expenses incurred up to the time of termination shall be due immediately upon termination by Client. 8. Amendment. This agreement may be amended by mutual written agreement of all parties. 9. Independent Contractor. ESCI is engaged as an independent contractor and will be responsible for any federal or state taxes applicable to the payments under this agreement. ESCI is not currently employed by Client and will not be under the direct control of Client. Because ESCI is an independent contractor, Client will not be liable for any tax withholding, social security payments, state workers' compensation insurance, unemployment insurance, retirement system payments, or other similar expenses normally payable on behalf of employees of Client. 10. Indemnification. ESCI agrees to indemnify, defend, and hold harmless Client and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of ESCI, ESCI's agents, employees, or representatives under this Agreement. 11. Attorney Fees. If suit, action, or arbitration is brought either directly or indirectly to enforce the terms of this agreement, the prevailing party shall recover, and the losing party hereby agrees to pay, reasonable attorney's fees incurred in such proceeding, in the trial and appellate courts, as well as costs and disbursements as ordered by a court of competent jurisdiction. I Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety 12. This agreement is an integrated writing, executed by the parties after negotiation and discussions of all material provisions. None of the parties to this agreement have relied upon inducements, concessions, or representations of fact, except as set forth in this agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the agreement in two (2) copies, each of which shall be deemed an original, on the first date written above. The City of Anna By: Signature Emergency Services Consulting International By: Signature Title: Date: Title: Date: t Emergency Services Consulting International Providing Expertise and Guidance that Enhances Community Safety Attachment A Scope of Work THE CITY OF Anna irMM1►nrin, City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Jim Proce AGENDA ITEM: Consider/Discuss/Action on City Council Meeting Dates for November and December. (City Manager Jim Proce) SUMMARY: The second meeting dates for November and December fall during the weeks of the Thanksgiving and Christmas holidays. In previous years, the City Council canceled these meetings due to a lack of a quorum. Would the Council like to reschedule these meetings to another date or cancel them completely? FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4: High Performing, Professional City STAFF RECOMMENDATION: To cancel the second meeting in November and the second meeting in December or reschedule the meetings to different dates. ATTACHMENTS: 1. Meetings Calendar Nov Dec 2022 APPROVALS: Carrie Land, City Secretary Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 n ove m b e r 2022 MONDAY TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I SAT/SUN 31 October 1 November 1 2 3 14 5/6 Diversity & Inclusion 7 8 9 10 11 12/13 Planning & Zoning City Council Meeting 6:30 EDC/CDC HOLIDAY AL I� 14 15 16 17 18 119/20 Park Board Court 21 22 23 24 25 26/27 City Council Meeting 6:30 HOLIDAY 28 29 30 1 December 3/4 Court 8 10/11 u december MONDAY TUESDAY ?8 November 29 2022 WEDNESDAY THURSDAY FRIDAY SAT/SUN 30 1 December 2 13/4 EDC/CDC 5 6 7 Planning & Zoning Diversity & Inclusion I� 12 113 14 City Council Meeting 6:30 19 Park Board 20 21 8 9 1 10/11 15 22 26 27 28 29 HOLIDAY City Council Meeting 6:30 16 Court 23 HOLIDAY 30 17/18 01 24/25 HOLIDAY 31 THE CITY OF Anna 1000=5111111a City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 98.0± acres located on the south side of E. White Street, 500± feet east of S. Interurban Street from AG Agricultural District, SF-E Single -Family Residential and Planned Development (Ord. No. 145-2004) to Planned Development. (Director of Development Services Ross Altobelli) SUMMARY: The applicant is requesting the zoning case be withdrawn. Attached is a letter dated October 17, 2022 from the applicant with a brief explanation associated with the withdrawal. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommend Council accept the applicants' withdrawal request. ATTACHMENTS: 1. Leonard Trails Locator Map 2. Council Letter - Withdrawal of Zoning Request APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 10/18/2022 Jim Proce, City Manager Final Approval - 10/20/2022 2 Greenside at Craig Ranch, 6950 TPC Drive, Suite 350 McKinney Texas 75070. QUALICOCOMM UNITI ES.COM 10/17/22 City of Anna 305 S Powell Parkway Anna, TX 75409 Re: Leonard Trails Mayor & City Council: QUALICO communities RECEIVED October 18, 2022 PLANNING & DEVELOPMENT CITY OF ANNA On 9/6/22, the City of Anna Planning & Zoning Commission approved the proposed zoning and concept plan that we had submitted for our project, referred to as Leonard Trails. After receiving approval from the Commission, we received the completed estimates of the construction costs for the project. Based on the cost estimates and the current market for lots in the area, we determined that the project was not economically feasible. The factors that contributed to problem include current construction pricing, the number of single loaded streets in the project, alleys for the townhomes and the large amount of open space behind the existing homes along E. White Street. Based on our analysis, we asked that our zoning request be tabled until the October 251h City Council meeting to give us time to examine the issues and hopefully find solutions that would allow the development to move forward. We believe that we have created an alternative plan that achieves most of the goals of the prior plan and is economically viable. Consistent with the prior plan, we have designed the project to include the construction of the full section of Leonard Avenue in the first phase, 40' lots for both traditional and courtyard products, 50' lots, significant open space and amenities, tree protection along the southern border, connections to Anna Town Square to the south and trail connections. We have removed the townhome lots from the plan and have added 60' lots. Additionally, we are not able to include the 5-acre public open space on the north side of the development, but we are able to increase the size of the open space/amenity area in phase 2. Our revised concept plan retains many of the elements of the prior plan and acts as a catalyst for the area by making both vehicular and pedestrian connections linking Anna Town Square to E. White Avenue and creating retail corners. We look forward to presenting our revised concept on October 251h and receiving your feedback. We request the initial case be withdrawn. We will work with Development Services to revise our submittals to be considered at a future meeting. Thank you for your consideration. John Vick Vice President Qualico Communities A QUAL[CO compony THE CITY OF Anna AGENDA ITEM: irff,711111►nrAR City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Lauren Mecke Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding annexation of 78.0± acres of land generally located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard. (Planning Manager Lauren Mecke) SUMMARY: Charles Covey - LandVest Development has submitted a petition to annex 78.0± acres of land generally located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard. The applicant is requesting the public hearing for the Annexation request be opened and tabled until the November 8, 2022 City Council meeting which will allow the annexation request to be considered the same night as the proposed zoning and development agreement for the property. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommend the public hearing remain open and tabled to the November 8, 2022 City Council meeting at Council Chambers located at 120 W. Seventh Street. ATTACHMENTS: 1. The Parks at Hurricane Creek Annexation Locator Map 2. Parks at Hurricane Creek Public Hearing Table request APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 10/17/2022 Ross Altobelli, Director of Development Services Approved - 10/18/2022 Jim Proce, City Manager Final Approval - 10/20/2022 ------------- ------------- i r Z7% JF%IL %/ �J. October 17, 2022 Ms. Lauren Mecke City of Anna Planning Department 3223 N. Powell Parkway Anna, TX 75049 704 CENTRAL PKwv E, STE 1 220 -- PLANO, TX 75074 (o) 469.850.41 62 # / WWW. CENTERLINEENGINEERING. NET L L RECEIVED CITY OF ANNA DEVELOPMENT SERVICES 10/17/2022 Subject: Table Request: Conduct a Public Hearing/Consider/Discuss/Action on a request to establish zoning on 78.0± acres located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development -SF-TH Townhome District. Zoned: Extraterritorial Jurisdiction (ETJ). Dear Ms. Mecke, As the project representative, we are hereby requesting our public hearing item be tabled until the November 8, 2022 City Council meeting agenda. Let me know if you have any questions. Sincerely, 1 Kaleb J. Gilbert, P.E. Centerline Engineering & Consulting, LLC THE CITY OF Anna �lil M1 0159VA1541 City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to establish zoning on 78.0± acres located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development -SF-TH Townhome District. (Planning Manager Lauren Mecke). SUMMARY: Request to establish zoning to allow for a single-family townhome development and a commercial lot with modified development standards on 78.0± acres located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development. Zoned: Extraterritorial Jurisdiction (ETJ). The applicant is requesting the public hearing for the zoning request be opened and tabled until the November 8, 2022 City Council meeting which will allow the zoning request to be considered the same night as the proposed annexation and development agreement for the property. FINANCIAL IMPACT: N/A STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 1: Growing Anna Economy Goal 2: Sustainable Anna Community Through Planned Managed Growth STAFF RECOMMENDATION: Recommend the public hearing remain open and tabled to the November 8, 2022 City Council meeting at Council Chambers located at 120 W. Seventh Street. ATTACHMENTS: 1. The Parks at Hurricane Creek Zoning Locator Map 2. Parks at Hurricane Creek Public Hearing Table request 3. Response 1 4. Response 2 APPROVALS: Ross Altobelli, Director of Development Services Created/Initiated - 10/17/2022 Ross Altobelli, Director of Development Services Approved - 10/18/2022 Jim Proce, City Manager Final Approval - 10/20/2022 11 & Zoning - The Parks at Hurricane Creek IR .0.91 MO 0 Y� UN Ro 288 CREEK EbR S 3 Aswt,G DR R HIDDEN D F. E CITY OF N w FM Subject City Limits Property ET3 200' Notice Boundary F. 0 450 900 1,800 Feet July 2022 H:\Notification Maps\Notification Maps' ------------- ------------- i r Z7% JF%IL %/ �J. October 17, 2022 Ms. Lauren Mecke City of Anna Planning Department 3223 N. Powell Parkway Anna, TX 75049 704 CENTRAL PKwv E, STE 1 220 -- PLANO, TX 75074 (o) 469.850.41 62 # / WWW. CENTERLINEENGINEERING. NET L L RECEIVED CITY OF ANNA DEVELOPMENT SERVICES 10/17/2022 Subject: Table Request: Conduct a Public Hearing/Consider/Discuss/Action on a request to establish zoning on 78.0± acres located on the north side of Farm -to -Market Road 455, 3,830± feet west of Standridge Boulevard to Planned Development -SF-TH Townhome District. Zoned: Extraterritorial Jurisdiction (ETJ). Dear Ms. Mecke, As the project representative, we are hereby requesting our public hearing item be tabled until the November 8, 2022 City Council meeting agenda. Let me know if you have any questions. Sincerely, 1 Kaleb J. Gilbert, P.E. Centerline Engineering & Consulting, LLC THE CITY OF Anna In favor of request Opposed to request By signing this letter, I declare I am the owner or authorized agent of the property at the (Anna) address written below. mC.rL gv�c S�o� �ILA C.�- Name (Please Print) �u T x 7 5 -1 V I' 077� Date 1157-5��stc�cs C��L 7s 2'f� City of Anna Planning and Development Department P.O. Box 776 Anna, TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKEaannatexas.aov Subject: Zoning Response The Parks at Hurricane Creek OB/Ol/2022 Lauren Mecke From: Kenneth Neywick III Sent: Wednesday, September 7, 2022 5:02 PM To: Lauren Mecke Subject: zoning request on FM455 West of US75 about 3/4 of a mile on the North side of the road. I welcome them into Anna but I am opposed to high density housing in this area. I believe we should work to keep a country family feel to our neighborhood. With that in mind I would like to see the end of clearing the land and maintaining as much of the forest as possible. and for housing, Maybe 3 to 10 acre lots per home. Further some of the land should be put into a park to preserve the natural land for an example of what was destroyed to build all these houses, i mean for people to enjoy a peaceful place to go and for future generations to enjoy. There are numerous trees that are more than fifty years old and children born today will not be children by the time new trees make it there. As part of the building process all trees should be spared except those where a driveway and foundation will be. Effort in the design of the property should be taken to minimize the number of trees that need to be cut. And where trees are cut, new trees should be planted to replace them. As this is a forest not a field THE CITY OF Anna AGENDA ITEM: �lif'i7►19WA-3 City Council Agenda Staff Report Meeting Date: 10/25/2022 Staff Contact: Olivia Demings Agreement between Grace Place Community Garden and the City of Anna (Olivia Demings) SUMMARY: A one-year agreement between the City of Anna and Grace Place community Garden for the use of the garden as an educational space. The City will provide a stipend of $1000 to be applied to the Grace Place Community Garden utility bill. The Grace Place community garden was established in 2022 to provide fresh vegetables for the food pantry. The agreement with the community garden provides a space for the City to expand its Community Enhancement programming and provide in -person courses on gardening. Two classes were hosted in the summer of 2022 on vegetable gardening basics and both were well attended. a101_1ki us] /_1>!ILTA l2_["6 A stipend of $1,000 per year is proposed to be applied to the Grace Place Community Garden utility bill. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 3: Anna — Great Place to Live STAFF RECOMMENDATION: Staff recommends that this agreement be adopted for a period of one -year's time in order that joint educational classes may be held at the Community Garden. ATTACHMENTS: 1. Gardening Basics Course Photo 2. Gardening Basics Course Photo 3. Community Garden Agreement 2022 APPROVALS: Olivia Demings, Events Coordinator Created/Initiated - 10/20/2022 Carrie Land, City Secretary Approved - 10/20/2022 Jim Proce, City Manager Final Approval - 10/20/2022 $6 Caramel Cream )ld Brew — 'A u H RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PROVISON OF AN UTILITY BILL STIPEND AND CREATION OF COMMUNITY EDUCATION PROGRAMMING BETWEEN GRACE PLACE COMMUNITY GARDEN AND THE CITY OF ANNA, TEXAS WHEREAS, the City of Anna, Texas (the "City") and Grace Place Community Garden (the "Community Garden") desire to enter into an Agreement for the provision of a utility bill stipend and creation of community education programming (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has determined that the Agreement with Grace Place of Anna will benefit the residents of the City of Anna, Texas and serve a public purpose that the City could otherwise provide; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. 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 Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this _th day of ATTEST: APPROVED: Carrie L. Land, City Secretary Nate Pike, Mayor Agreement between City of Anna and Grace Place of Anna This Agreement (this "Agreement") sets for the terms and understanding between the City of Anna, Texas (the "City") and Grace Place of Anna, a Texas nonprofit corporation ("GPA ") for the provision of a utility bill stipend and creation of community education programming. Section 1. Background 1.01 GPA established a community garden (the "Garden")in 2022 to provide access to fresh vegetables to the community and to supplement the fresh vegetable supply at Grace Place Food Pantry. 1.02 The City and GPA desire to reach a mutually beneficial agreement to enhance community involvement and educational opportunities and to provide for a public purpose that the City could otherwise undertake as further described in this Agreement. Section 2. General Terms 2.01 For and in consideration of the promises and agreements set forth in this Agreement, GPA will, at its sole expense, carry out the daily maintenance and management of the Garden and allow public use. GPA will also allow use and access of and to its facilities to host public educational classes pertaining to gardening and health. 2.02 For and in consideration of the promises and agreements set forth in this Agreement, the City will provide a one year credit of $1000 to the account at 501 N. Powell Pkwy Anna, TX 75409. The City will provide assistance with planning, marketing, and volunteer management for the purposes of public educational classes hosted at the Garden. 2.03 Notwithstanding any other term of this Agreement, the provision of a monthly stipend and educational class assistance shall automatically terminate, without any action or notice provided by the City, if the Garden shall no longer be accessible to the public or if a minimum of 6 classes per year have not been conducted. 2.04 The City and GPA acknowledge and agree that the exchange of consideration outlined in the Agreement fairly compensates GPA and the City for their respective contributions. 2.05 All costs associated with this Agreement shall be paid from the current revenues available to the paying party. Section 3. Term and Effective Date. 3.01 Subject to this Agreement terminating due to nonappropriation of funding by the City, the initial term of this Agreement is 1 year. Following each term, this agreement shall be brought before the Anna City Council for renewal for a period of one year if neither party gives notice of its intent to terminate this Agreement within 60 days before the expiration of the current term. 3.02 The effective date of this Agreement is the date that this Agreement has been duly authorized by the governing bodies of the Parties and signed and dated by the duly authorized representatives. Section 4. Liability Release and Indemnification. 4.01 GPA shall defend, hold harmless, and fully indemnify the City, its officials, officers, agents, employees, and servants while a acting in the scope of their duties as such, from and against all claims, demands, liabilities, and causes of action of any kind or character (collectively "claims"), including the costs of defense thereof, brought by any employee, agent, official, student, partner, guest GPA, or servants of GPA or any third party (including but not limited to assigns, heirs, bystanders, or survivors) for any injury, death, loss, or damage to persons and/or to property that is any manager related to the City's use or enjoyment of the Garden, including but not limited to claims relating to the use or nonuse of any equipment located at or used for the Garden or any condition of the premises. 4.02 The City and GPA agree and acknowledge that each entity is not an agent of the of the other entity and that each entity is responsible for its own act's forbearance, negligence, and deeds, and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege, or other amenities of employment applicable to other party. The City understands and agrees that the City, it's employees, servants, agents, and representatives shall not represent themselves to be employees, servants, agents, and/or representatives of GPA. GPA understand and agrees that the City, it's employees, servants, agents, and representatives shall not present themselves to be employees, servants, agents, and/or representatives of the City. At no time shall the City have any control or supervision over GPA's means, methods, techniques, sequences, decisions or undertakings of any nature whatsoever. Section 5. Other Provisions. 5.01 This Agreement has been duly approved by the authorized body of each party to this Agreement in accordance with applicable law. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary consents, orders or resolutions or other instruments extending said authority have been duly passed and are now in full force and effect. 5.02 This Agreement may be amended at any time by a duly authorized written agreement of the Parties. 5.03 The Parties do not intend that this Agreement shall inure to the benefit of any third party. The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. This Agreement represents the entire and integrated Agreement between the Parties relating to its subject matter and supersedes all prior negotiations, representations and/or Agreements, either written or oral to the extent related to the subject matter of this Agreement. 2 5.04 The validity of this Agreement, and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Collin County, Texas and any disputes arising hereunder or growing out of or related to the performance of this Agreement shall be brought solely in a court of competent jurisdiction in Collin County, Texas. 5.05 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. This Agreement has been executed by the Parties on the respective dates set forth below: GRACE PLACE OF ANNA CITY OF ANNA Lafe Angell, its authorized Director Jim Proce, City Manager Date: Date: