HomeMy WebLinkAbout2015-12-08 Workshop & Regular Meeting1.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.
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CITY OF ANNA AGENDA NOTICE – CITY COUNCIL
December 8, 2015 6:30 p.m. – Anna City Hall
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
on December 8, 2015 at Anna City Hall, located at 111 N. Powell Parkway (Hwy
5), regarding the following items:
1.Call to Order.
2.Roll Call and Establishment of Quorum.
3. Briefing and Discussion on Oakridge Development (Maurice Swanke)
4.CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter 551,
the City Council may enter into closed session to discuss any items listed
or referenced on this agenda under the following exceptions:
a.consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071).
b.discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov’t Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c.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.
5.Consider/Discuss/Action on any items listed on posted agenda for the City
Council Work Session or any Closed Session occurring during this
Workshop, as necessary.
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.
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6. Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this
agenda at a place readily accessible to the public at the Anna City Hall
and on the City Hall bulletin board at or before 5:00 p.m. December 4,
2015.
___________________________________________
Carrie L. Smith, 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.
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CITY OF ANNA AGENDA NOTICE – CITY COUNCIL MEETING
December 8, 2015 7:30 p.m. – Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on
December 8, 2015, at the Anna City Hall, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record
of attendance. If you 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.
2.Invocation and Pledge of Allegiance.
3.Citizen comments. Citizens are allowed three minutes to speak. The
Council is unable to respond to or discuss any issues that are brought
up during this section that are not on the agenda, other than to make
statements of specific factual information in response to a citizen’s
inquiry or to recite existing policy in response to the inquiry.
4.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.
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.
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5. Consent Items. These items consist of non-controversial or
“housekeeping” items required by law. Items may be considered
individually by any Council member making such request prior to a
motion and vote on the Consent Items.
a. Approve the City Council Minutes for November 10, 2015 (Carrie
Smith)
b. Approve a Resolution authorizing the execution of an Interlocal
Agreement with the Collin County Governmental Purchasers Forum
(Clayton Fulton)
c. Approve a Resolution renewing tower license agreements with
AirCanopy Internet Services, Inc d/b/a Rise Broadband. (Clayton
Fulton)
d. Approve a Resolution regarding a Special Event Permit for the
annual Christmas Parade.
6. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings, and setting the dates, times, and places for public hearings
for the voluntary annexation of a 21.4 acre tract of land located in the
Hiram Brinlee Survey, Abstract No. 30 (St. Charles Apts. Inc., owner); a
47.6 acre tract of land located in the John Chambers Survey, Abstract
No. 223 and the Samuel Craft Survey, Abstract No. 165 (Bhagat
Holdings Ltd., owner); a 15 acre tract located in the Jonathan Douthit
Survey, Abstract No. 251 (McGuffey Living Trust, owner); an 18.53 acre
tract of land located in the William Kitchings Survey, Abstract No. A0505
and the W E Throckmorton Survey, Abstract No. A0899 (Anna Outer
Loop Ltd, owner formerly the Seminole 20 Ltd.); and a 15.4 acre tract of
land located in the W E Throckmorton Survey, Abstract No. A0899
(William & Nora Steward, owners).
7. a. Conduct a Public Hearing on creation of the Villages of Hurricane
Creek Tax Increment Reinvestment Zone (TIRZ).
b. Consider/Discuss/Action on an Ordinance approving the creation of
the Villages of Hurricane Creek TIRZ (Clayton Fulton)
8. a. Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately
15.7 acres of land located in the Francis T. Daffau Survey, A0288 north
of FM 455 on the east and west sides of Ferguson Parkway. (Maurice
Schwanke)
b. Consider/Discuss/Action regarding an Ordinance amending the
development standards in Ordinance No. 179-2005 on approximately
15.7 acres of land located in the F.T. Daffau Survey, A0288 north of FM
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.
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455 on the east and west sides of Ferguson Parkway. (Maurice
Schwanke)
9. 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); acquisition of right-of-way,
easements, and land for municipal facilities.
c. 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
10. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary
11. Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this
agenda at a place readily accessible to the public at the Anna City Hall
and on the City Hall bulletin board at or before 5:00 p.m. December 4,
2015.
_____________________________________
Carrie L. Smith, City Secretary
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ANNA CITY COUNCIL
MINUTES
WORKSHOP SESSION
November 10, 2015
The City Council of the City of Anna met in Workshop Session on the above date
at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the
following items:
1.Call to Order.
Mayor Crist called the meeting to order at 6:30 pm.
2.Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members Justin Burr, Lauren Lovato, Chad
Barnes, Nathan Bryan and Dick Dowd were present. John Beazley was
absent.
3.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); acquisition of right-of-
way, easements, and land for municipal facilities.
c.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.
MOTION: Council Member Barnes moved to adjourn to closed session at
6:31 p.m. Council Member Lovato seconded. Motion carried 6-0. PR
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Mayor Crist reconvened the meeting at 7:20 p.m.
4.Consider/Discuss/Action on any items listed on posted agenda City of
Anna City Council Regular Meeting or any Closed Session occurring
during this Workshop, as necessary.
MOTION: Council Member Dowd moved to take no action. Council
Member Barnes seconded. Motion carried 6-0.
5.Adjourn.
Council Member Barnes moved to adjourn at 7:22 pm. Council Member
Bryan seconded. Motion carried 6-0.
Approved on the ___ day of _______________, 2015.
ATTEST:
______________________________ ______________________________
City Secretary Carrie L. Smith Mayor Mike Crist
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ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
November 10, 2015
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1.Call to Order.
Mayor Crist called the meeting to order at 7:32 pm.
Mayor Mike Crist and Council Members Justin Burr, Lauren Lovato,
Chad Barnes, Nathan Bryan and Dick Dowd were present. John Beazley
was absent.
2.Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3.Citizen comments. Citizens are allowed 3 minutes to speak. The
Council is unable to respond to or discuss any issues that are brought
up during this section that are not on the agenda, other than to make
statements of specific factual information in response to a citizen’s
inquiry or to recite existing policy in response to the inquiry.
No comments
4.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.
•Due to the Thanksgiving Holiday, the next regular meeting will be
held December 8.
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5.Recognition of 2015 Citizen Academy Participants (Jessica Perkins)
Judith Waldrop
Christian Landers
Rene Martinez
Pete Drayer
Brent Thomas
Teddie Barner
Danny Ussery
Felicia Flagg
Lorenzo Gonzalez
Timothy Box
Donald Jacobs
Veronickah Ricano
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 Minutes for October 27, 2015 (Carrie
Smith)
b.Approve Planning and Zoning Minutes for October 5, 2015
(Maurice Schwanke)
c.Presentation of Quarterly Investment Report (Clayton Fulton)
d.Approve a Resolution approving a development plat of the
Morris Addition (Maurice Schwanke)
RESOLUTION 2015-11-125: A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT
OF THE MORRIS ADDITION.
e.Approve a Resolution approving a preliminary plat of Camden
Parc, Phase 3 (Maurice Schwanke)
RESOLUTION 2015-11-126: A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF
CAMDEN PARC, PHASE 3.
f.Approve Resolutions amending/extending the agreements with
Collin County for Animal Control and Animal Sheltering
Services for FY 2016 (Chief Jenks)
RESOLUTION NO. 2015-11-127: A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE
AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL
CONTROL SERVICES.
RESOLUTION NO. 2015-11-127: A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE
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AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL
SHELTERING SERVICES.
MOTION: Council Member Barnes moved to approve consent
items. Council Member Bryan seconded. Motion carried 6-0.
7.Conduct a Public Hearing on the creation of the Villages of
Hurricane Creek Tax Increment Reinvestment Zone (Clayton
Fulton)
Presentation by: First Southwest Representative Jim Sabonis
Mayor Crist opened the public hearing at 7:56 p.m.
No comments
Mayor Crist tabled the public hearing to the December 8, 2015 meeting.
8.Consider/Discuss/Action on a Resolution Approving Interlocal
Agreements with the cities of Van Alstyne and Howe regarding
purchase of water (Clayton Fulton)
RESOLUTION NO. 2015-11-129: A RESOLUTION RELATED TO
TWO INTERLOCAL AGREEMENTS BETWEEN THE CITIES OF
ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND
HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO
TRANSFER A PORTION OF THEIR RESPECTIVE
CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION
WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE
CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT
FROM ANNA AND AUHORIZING THE EXECUTION AND
ADMINISTRATION OF SAID INTER-LOCAL AGREEMENTS
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried6-0.
9.Consider/Discuss/Action on a Ordinance abandoning a portion of
the prescriptive right-of-way for CR 422 (Maurice Schwanke)
ORDINANCE NO. 706-2015: AN ORDINANCE BY THE CITY OF
ANNA, TEXAS, VACATING AND ABANDONING A PORTION OF
PRESCRIPTIVE RIGHT-OF-WAY IN THE GRANDISON STARK
SURVEY, ABSTRACT NO. 798 IN THE CITY OF ANNA, COLLIN
COUNTY, TEXAS; DECLARING THAT SAID RIGHT OF WAY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
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MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED
RELEASING THE PUBLIC’S RIGHT, TITLE AND INTEREST IN A
CERTAIN PORTION OF SAID RIGHT OF WAY; PROVIDING FOR
SEVERABILITY OF THE ORDINANCE AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried 6-0.
10. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings, and setting the dates, times, and places for public
hearings for the voluntary annexation of a 21.4 acre tract of land
located in the Hiram Brinlee Survey, Abstract No. 30 (St. Charles
Apts. Inc., owner); a 47.6 acre tract of land located in the John
Chambers Survey, Abstract No. 223 and the Samuel Craft Survey,
Abstract No. 165 (Bhagat Holdings Ltd., owner); and a 15 acre tract
located in the Jonathan Douthit Survey, Abstract No. 251
(McGuffey Living Trust, owner) (Maurice Schwanke)
RESOLUTION NO. 2015-11-130: A RESOLUTION ESTABLISHING
THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR
THE VOLUNTARY ANNEXATION A 21.4 ACRE TRACT OF LAND
IN THE HIRAM BRINLEE SURVEY, ABSTRACT NO. 30; A 47.6
ACRE TRACT OF LAND IN THE JOHN CHAMBERS SURVEY,
ABSTRACT NO. 223 AND THE SAMUEL CRAFT SURVEY,
ABSTRACT NO. 165; AND A 15 ACRE TRACT OF LAND IN THE
JONATHAN DOUTHIT SURVEY, ABSTRACT NO. 251.
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried 6-0.
11. Consider/Discuss/Action on a Resolution casting a ballot for the
Collin Central Appraisal District Board of Directors (City Council)
RESOLUTION NO. 2015-11-131: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A
CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS,
CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY.
MOTION: Council Member Bryan moved to approve casting 8 votes for
candidate Politz. Council Member Barnes seconded. Motion carried 6-
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12. Consider/Discuss/Action regarding an Ordinance amending the
Anna City Code of Ordinances regarding meters and billing by
amending Part II, Article 49, Section 7.02. (Clayton Fulton)
ORDINANCE NO. 707-2015: AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES REGARDING METERS AND BILLING BY AMENDING
PART II (GENERAL ORDINANCES), ARTICLE 49, SECTION 7.02;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Crist moved to approve. Council Member Burr
seconded. Motion carried 6-0.
13. 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); acquisition of right-of-
way, easements, and land for municipal facilities;
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.
Council did not enter into closed session.
14. Consider/Discuss/Action on any items listed on posted agenda
Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
No action taken.
15. Adjourn.
MOTION: Council Member Barnes moved to adjourn at 8:07 p.m.
Council Member Bryan seconded. Motion carried 6-0.
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Approved on the ______ day of _______________, 2015.
ATTEST:
______________________________ ________________________
City Secretary Carrie L. Smith Mayor Mike Crist
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Item No. 5b
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: 12/8/2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution authorizing the execution of an Interlocal Agreement with the Collin
County Governmental Purchasers Forum
SUMMARY:
The Collin County Purchasing Department administers a purchasing forum that allows
entities to cooperatively purchase goods and/or services that have been competitively
bid by other public entities.
The attached ILA would authorize the City to legally purchase goods/services under
contracts executed with other entities provided the contractor agrees to participate in
the same ILA and is stipulated in their contract.
Cooperative purchasing allows for the City to take advantage of volume pricing provided
to larger organizations. Additionally, the ILA allows for more efficient, effective, and
economical procurements.
STAFF RECOMMENDATION:
Approve the resolution.
Item No. 5c
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: September 8, 2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution renewing tower license agreements with AirCanopy Internet
Services, Inc d/b/a Rise Broadband.
SUMMARY:
The City currently has tower license agreements with AirCanopy Internet Services, Inc
d/b/a Rise Broadband (Rise Broadband) allowing them to mount telecommunications
equipment on our water towers located at 1111 CR 370 E (near the AISD high school) and
3300 N. Powell Parkway (at the Public Works offer).
The current contracts expired in November of 2015, the attached resolution would
authorize the City Manager to renew new agreements with Rise Broadband for a 4 year
period with updated rates.
In exchange for the use of our water towers, each agreement has a rate of $800 a month
for the first two years and $1,000 a month for the final two years. Rise Broadband
currently pays $700 per month per agreement.
STAFF RECOMMENDATION:
Approve the resolution.
Item No. 5d
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution regarding a Special Event Permit for the annual Christmas Parade.
SUMMARY:
The Greater Anna Chamber of Commerce has planned a Christmas Parade event to be
held on Saturday, December 12th, 2015. Preparation will start at approximately 9:00
a.m. with the actual parade starting at 12:00 noon. A street block request has been
submitted and approved to close Hwy 5 (Powell Pkwy) and Fourth Street (TX Dot
approval) and the approval from the Police Department and Planning & Development.
The parade starts at the Anna ISD Middle school site and proceeds southerly with Powell
Parkway to 4th Street then east on 4th Street to Sherley Street then southerly on Sherley
Street to the Anna ISD Administration Building. The attached map identifies the
proposed route.
The Park Board recommended approval of the Special Event Permit at a special meeting
held on Monday, November 23rd, 2015.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution
Item No. 6
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action on a Resolution instituting Annexation proceedings, and setting
the dates, times, and places for public hearings for the voluntary annexation of a 21.4
acre tract of land located in the Hiram Brinlee Survey, Abstract No. 30 (St. Charles Apts.
Inc., owner) a 47.6 acre tract of land located in the John Chambers Survey, Abstract No.
223 and the Samuel Craft Survey, Abstract No. 165 (Bhagat Holdings Ltd., owner) a 15
acre tract located in the Jonathan Douthit Survey, Abstract No. 251 (McGuffey Living
Trust, owner) a 18.53 acre tract of land located in the William Kitchings Survey, Abstract
No. A0505 and the W E Throckmorton Survey, Abstract No. A0899 (Anna Outer Loop Ltd,
owner formerly the Seminole 20 Ltd.) and a 15.4 acre tract of land located in the W E
Throckmorton Survey, Abstract No. A0899 (Stewart William & Nora Steward, owners).
SUMMARY:
In November of 2010 the City Council accepted and approved non-annexation
development agreements with Charles Apts. Inc. on 21.4 acres of Land, the Bhagat
Holdings Ltd on 47.6 acres of land, the McGuffey Living Trust on 15 acres of land, the Anna
Outer Loop Ltd on 18.53 acres of Land and William & Nora Stewart on 15.4 acres of land.
The properties owned by the Stewarts and the Anna Outer Loop Ltd. are located at the
northeast corner of US 75 and the Collin County Outer Loop). The properties owned by
Charles Apts. Inc. and Bhagat Holdings Ltd. are located on the south side of SH 121, and
the property owned by McGuffey Living Trust is located at the northwest corner of FM
545 and FM 2862.
The agreements with Charles Apts. Inc., Bhagat Holdings Ltd., and William and Nora
Stewart expired in 2011 and the agreements with Anna Outer Loop Ltd (Seminole 20 Ltd.)
and McGuffey Living Trust expire in December of this year. Per the terms of the
agreements, the respective owner are deemed to have properly filed with the City a
petition consenting to voluntary annexation of the respective properties to be completed
upon or after the end of the term.
It is the recommendation of the Staff that the City Council act on these agreements to
ensure protection of land uses adjacent to Hwy 75 north of Collin County Outer Loop, and
the Sam Rayburn Memorial Highway. Approval of this resolution would establish a
schedule for public hearings to be conducted on January 12th and January 26th on the
annexation of each tract. If approved, Staff will send out a notice to the property owners
30 days in advance of the first public hearing as required in state law.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
Item No. 7a.
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8,2015
Staff Contact: Clayton Fulton
Exhibits: No
AGENDA SUBJECT:
Conduct a Public Hearing regarding the creation of the Villages of Hurricane Creek Tax
Increment Reinvestment Zone
SUMMARY:
The City Council scheduled November 10, 2015 at 7:30 p.m. as the date and time for the
public hearing on the creation of the Villages of hurricane Creek Tax Reinvestment Zone
(TIRZ). That hearing was held open until December 8, 2015 at 7:30 p.m.
STAFF RECOMMENDATION:
None
Item No. 7b.
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8, 2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve an Ordinance creating the Villages of Hurricane Creek Tax Reinvestment Zone
(TIRZ).
SUMMARY:
In February 2015, the City Council approved the Villages of Hurricane Creek (VHC)
subdivision improvement agreement (SIA). The agreement replaced a previous facilities
agreement adopted in 2004.
Among other things, the SIA authorized the creation of a public improvement district
(PID), the creation of a tax increment reinvestment zone (TIRZ), and bound the developer
(Centurion American) to certain performance standards and dedication of property to the
City for park land and a future fire station.
The PID has been created and the attached ordinance would create the TIRZ. The TIRZ
will be coterminous with and support the PID. Included with the creation of the TIRZ is
the preliminary TIRZ plan. Staff has been working with our financial advisors and a
consultant to create the plan. The attached plan mirrors the requirements for the TIRZ
as set forth in the SIA. The Council will appoint a TIRZ board (in a separate meeting) to
manage the TIRZ. Initially the TIRZ board will review the TIRZ plan and submit to the
Council for final approval. There are still opportunities for Council and staff to make any
necessary adjustments to the TIRZ plan before it is finalized.
The SIA required the TIRZ to be created in 2015. By creating the TIRZ now, tax year 2015
is established as the baseline value of the property. As property in the TIRZ is developed
and increases in value beyond the baseline year, a portion of the new property tax
revenue will be reinvested into the TIRZ. The TIRZ proceeds will be used to support the
PID bonds that will be issued to construct major off-site and on-site infrastructure
required to service the property in the TIRZ.
The preliminary TIRZ plan sets forth following requirements of the TIRZ:
Limit TIRZ proceeds to 50% of the new property tax revenue generated in the TIRZ
Establish a 30 year limit to the TIRZ
Limit TIRZ funded projects to $7.4 million
Calculate TIRZ credits on a parcel by parcel basis
Other than funds generated by the TIRZ, the City of Anna will not be obligated to use City
funds to pay for PID bonds issued for the Villages of Hurricane Creek development.
STAFF RECOMMENDATION:
Approve the ordinance creating the TIRZ.
Item No. 8
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately 15.7 acres of land
located in the Francis T. Daffau Survey, A0288; AND (b) Consider/Discuss/Action
regarding an Ordinance amending the development standards in Ordinance No. 179-
2005 on 15.7 acres of land located in the F.T. Daffau Survey, A0288.
SUMMARY: The Anna 455 Commercial, LP has submitted a request to amend the
zoning and development standards on three tracts of land totaling approximately 15.7
acres of land. The subject properties are located on the north of side of W. White Street
(FM 455) north of Anna Market Center and the Oak Hollow Subdivision. This request
would change the Building and Area requirements on the remaining land area within
Commercial/Retail Tract C to reflect current C-2 area requirements in the General
Commercial District regulations.
The Planning and Zoning Commission recommended approval of the zoning request at
their meeting November 2nd, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Staff recommends approval of this ordinance.
Item No. 8
City Secretary’s use only
City Council Agenda
Staff Report
______________________________
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately 15.7 acres of land
located in the Francis T. Daffau Survey, A0288; AND (b) Consider/Discuss/Action
regarding an Ordinance amending the development standards in Ordinance No. 179-
2005 on 15.7 acres of land located in the F.T. Daffau Survey, A0288.
SUMMARY: The Anna 455 Commercial, LP has submitted a request to amend the
zoning and development standards on three tracts of land totaling approximately 15.7
acres of land. The subject properties are located on the north of side of W. White Street
(FM 455) north of Anna Market Center and the Oak Hollow Subdivision. This request
would change the Building and Area requirements on the remaining land area within
Commercial/Retail Tract C to reflect current C-2 area requirements in the General
Commercial District regulations.
The Planning and Zoning Commission recommended approval of the zoning request at
their meeting November 2nd, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Staff recommends approval of this ordinance.
VOURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL
December 8, 2015 6:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m.,
on December 8, 2015 at Anna City Hall, located at 111 N. Powell Parkway (Hwy
5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Briefing and Discussion on Oakridge Development (Maurice Swanke)
4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed
or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code
§551.071).
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities.
c. 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.
5. Consider/Discuss/Action on any items listed on posted agenda for the City
Council Work Session or any Closed Session occurring during this
Workshop, as necessary.
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.
6. Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this
agenda at a place readily accessible to the public at the Anna City Hall
and on the City Hall bulletin board at or before 5:00 p.m. December 4,
2015.
Carrie L. Smith, 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.
Y{OURI HOMETOWN
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING
December 8, 2015 7:30 p.m. — Anna City Hall
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., on
December 8, 2015, at the Anna City Hall, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record
of attendance. If you 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.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed three minutes to speak. The
Council is unable to respond to or discuss any issues that are brought
up during this section that are not on the agenda, other than to make
statements of specific factual information in response to a citizen's
inquiry or to recite existing policy in response to the inquiry.
4. 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.
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.
Version 12/4/2015 2:25 PM
5. Consent Items. These items consist of non -controversial or
"housekeeping" items required by law. Items may be considered
individually by any Council member making such request prior to a
motion and vote on the Consent Items.
a. Approve the City Council Minutes for November 10, 2015 (Carrie
Smith)
b. Approve a Resolution authorizing the execution of an Interlocal
Agreement with the Collin County Governmental Purchasers Forum
(Clayton Fulton)
c. Approve a Resolution renewing tower license agreements with
AirCanopy Internet Services, Inc d/b/a Rise Broadband. (Clayton
Fulton)
d. Approve a Resolution regarding a Special Event Permit for the
annual Christmas Parade.
6. Consider/Discuss/Action on a Resolution instituting Annexation
proceedings, and setting the dates, times, and places for public hearings
for the voluntary annexation of a 21.4 acre tract of land located in the
Hiram Brinlee Survey, Abstract No. 30 (St. Charles Apts. Inc., owner); a
47.6 acre tract of land located in the John Chambers Survey, Abstract
No. 223 and the Samuel Craft Survey, Abstract No. 165 (Bhagat
Holdings Ltd., owner); a 15 acre tract located in the Jonathan Douthit
Survey, Abstract No. 251 (McGuffey Living Trust, owner); an 18.53 acre
tract of land located in the William Kitchings Survey, Abstract No. A0505
and the W E Throckmorton Survey, Abstract No. A0899 (Anna Outer
Loop Ltd, owner formerly the Seminole 20 Ltd.); and a 15.4 acre tract of
land located in the W E Throckmorton Survey, Abstract No. A0899
(William & Nora Steward, owners).
7. a. Conduct a Public Hearing on creation of the Villages of Hurricane
Creek Tax Increment Reinvestment Zone (TIRZ).
b. Consider/Discuss/Action on an Ordinance approving the creation of
the Villages of Hurricane Creek TIRZ (Clayton Fulton)
8. a. Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately
15.7 acres of land located in the Francis T. Daffau Survey, A0288 north
of FM 455 on the east and west sides of Ferguson Parkway. (Maurice
Schwanke)
b. Consider/Discuss/Action regarding an Ordinance amending the
development standards in Ordinance No. 179-2005 on approximately
15.7 acres of land located in the F.T. Daffau Survey, A0288 north of FM
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.
Version 12/4/2015 2:25 PM
455 on the east and west sides of Ferguson Parkway. (Maurice
Schwanke)
9. 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); acquisition of right-of-way,
easements, and land for municipal facilities.
c. 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
10. Consider/Discuss/Action on any items listed on the posted agenda or
any closed session occurring during this meeting, as necessary
11.Adjourn.
This is to certify that I, Carrie L. Smith, City Secretary, posted this
agenda at a place readily accessible to the public at the Anna City Hall
and on the City Hall bulletin board at or before 5:00 p.m. December 4,
2015.
Carrie L. Smith, 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.
3
Version 12/4/2015 2:25 PM
ANNA CITY COUNCIL
MINUTES
WORKSHOP SESSION
November 10, 2015
The City Council of the City of Anna met in Workshop Session on the above date
at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the
following items:
1. Call to Order.
Mayor Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members Justin Burr, Lauren Lovato, Chad
Barnes, Nathan Bryan and Dick Dowd were present. John Beazley was
absent.
3. 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). 11
b. discuss or deliberate the purchase, exchange, lease, or value of
property (Tex. Gov't Code §551.072); acquisition of right-of-
way,,real
easements, and land for municipal facilities.
C.
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.
MOTION: Council Member Barnes moved to adjourn to closed session at
6:31 p.m. Council Member Lovato seconded. Motion carried 6-0.
11-10-15
CC Workshop Minutes
Mayor Crist reconvened the meeting at 7:20 p.m.
4. Consider/Discuss/Action on any items listed on posted agenda City of
Anna City Council Regular Meeting or any Closed Session occurring
during this Workshop, as necessary.
MOTION: Council Member Dowd moved to take no action
Member Barnes seconded. Motion carried 6-0.
5. Adjourn.
Ir
Council
Council Member Barnes moved to adjourn at 7:22 pm. Council Me
Bryan seconded. Motion carried 6-0.
Approved on the day 2015.
ATTEST:
City Secretary Carrie L. Smith
Mayor Mike Crist
11-10-15
CC Workshop Minutes
2
ANNA CITY COUNCIL
MINUTES
REGULAR SESSION
November 10, 2015
The City Council of the City of Anna met in Regular Session on the above date at
Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to Order.
Mayor Crist called the meeting to order at 7:32 pm. IV 16*
Mayor Mike Crist and Council Members Justin Burr, Lauren Lovato,
Chad Barnes, Nathan Bryan and Dick Dowd were present. John Beazley
was absent.
2. Invocation and Pledge of Allegiance.
Mayor Crist led the Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The
Council is unable to respond to or discuss any issues that are brought
up during this section that are not on the agenda, other than to make
statements of specific factual information in response to a citizen's
inquiry or to recite existing policy in response to the inquiry.
No comments
4. 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,
Olt 4 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.
Due to the Thanksgiving Holiday, the next regular meeting will be
held December 8.
11-10-15
CC Regular Minutes
Q
5. Recognition of 2015 Citizen Academy Participants (Jessica Perkins)
Judith Waldrop
Christian Landers
Rene Martinez
Pete Drayer
Brent Thomas
Teddie Barner
Danny Ussery
Felicia Flagg
Lorenzo Gonzalez
Timothy Box
Donald Jacobs
Veronickah Ricano
6. Consent Items. These items consist
"housekeeping" items required by law. It
individually by any Council member making
motion and vote on the Consent Items.
of non-controvE
ems may be cc
such request p.. ..
.0
a. Approve the City Council Minutes for October 27, 2015 (Carrie
Smith) M �A
b. Approve Planning and Zoning Minutes for October 5, 2015
(Maurice Schwanke)
c. Presentation of Quarterly Investment Report (Clayton Fulton)
d. Approve a Resolution approving a development plat of the
Morris Addition (Maurice Schwanke)
RESOLUTION 2015-11-125: A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT
OF THE MORRIS ADDITION.
e. Approve a Resolution approving a preliminary plat of Camden
Parc, Phase 3 (Maurice Schwanke)
RESOLUTION 2015-11-126: A RESOLUTION OF THE CITY
OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF
CAMDEN PARC, PHASE 3.
Approve Resolutions amending/extending the agreements with
Collin County for Animal Control and Animal Sheltering
Services for FY 2016 (Chief Jenks)
RESOLUTION NO. 2015-11-127: A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE
AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL
CONTROL SERVICES.
RESOLUTION NO. 2015-11-127: A RESOLUTION OF THE
CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE
11-10-15 2
CC Regular Minutes
AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL
SHELTERING SERVICES.
MOTION: Council Member Barnes moved to approve consent
items. Council Member Bryan seconded. Motion carried 6-0.
7. Conduct
Hurricane
Fulton)
a Public Hearing on the creation of the Village
Creek Tax Increment Reinvestment Zone (CIE
4F
Presentation by: First Southwest Representative Jim Sabonis '
Mayor Crist opened the public hearing at 7:56 p.m.
No comments
Mayor Crist tabled the public hearing to the December 8, 2015 meeting.
O
8. Consider/Discuss/Action on a Resolution Approving Interlocal
Agreements with the cities of Van Alstyne and Howe regarding
purchase of water (Clayton Fulton)
RESOLUTION NO. 2015-11-129: A RESOLUTION RELATED TO
TWO INTERLOCAL AGREEMENTS BETWEEN THE CITIES OF
ANNA AND VAN ALSTYNE, AND THE CITIES OF ANNA AND
HOWE IN WHICH VAN ALSTYNE AND HOWE AGREE TO
TRANSFER A PORTION OF THEIR RESPECTIVE
CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION
WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE
CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT
FROM ANNA AND AUHORIZING THE EXECUTION AND
ADMINISTRATION OF SAID INTER -LOCAL AGREEMENTS
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried6-0.
9. Consider/Discuss/Action on a Ordinance abandoning a portion of
the prescriptive right-of-way for CR 422 (Maurice Schwanke)
ORDINANCE NO. 706-2015: AN ORDINANCE BY THE CITY OF
ANNA, TEXAS, VACATING AND ABANDONING A PORTION OF
PRESCRIPTIVE RIGHT-OF-WAY IN THE GRANDISON STARK
SURVEY, ABSTRACT NO. 798 IN THE CITY OF ANNA, COLLIN
COUNTY, TEXAS; DECLARING THAT SAID RIGHT OF WAY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
11-10-15
CC Regular Minutes
MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED
RELEASING THE PUBLIC'S RIGHT, TITLE AND INTEREST IN A
CERTAIN PORTION OF SAID RIGHT OF WAY; PROVIDING FOR
SEVERABILITY OF THE ORDINANCE AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried 6-0.
10.Consider/Discuss/Action on a Resolution instituting Annexation
proceedings, and setting the dates, times, and places for public
hearings for the voluntary annexation of a 21.4 acre tract of land
located in the Hiram Brinlee Survey, Abstract No. 30 (St. Charles
Apts. Inc., owner); a 47.6 acre tract of land located in the John
Chambers Survey, Abstract No. 223 and the Samuel Craft Survey,
Abstract No. 165 (Bhagat Holdings Ltd., owner); and a 15 acre tract
located in the Jonathan Douthit Survey, Abstract No. 251
(McGuffey Living Trust, owner) (Maurice Schwanke)
RESOLUTION NO. 2015-11-130: A RESOLUTION ESTABLISHING
THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR
THE VOLUNTARY ANNEXATION A 21.4 ACRE TRACT OF LAND
IN THE HIRAM BRINLEE SURVEY, ABSTRACT NO. 30; A 47.6
ACRE TRACT OF LAND IN THE JOHN CHAMBERS SURVEY,
ABSTRACT NO. 223 AND THE SAMUEL CRAFT SURVEY,
ABSTRACT NO. 165; AND A 15 ACRE TRACT OF LAND IN THE
JONATHAN DOUTHIT SURVEY, ABSTRACT NO. 251.
MOTION: Council Member Barnes moved to approve. Council Member
Bryan seconded. Motion carried 6-0.
11.Consider/Discuss/Action on a Resolution casting a ballot for the
Collin Central Appraisal District Board of Directors (City Council)
RESOLUTION NO. 2015-11-131: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A
CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS,
CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY.
MOTION: Council Member Bryan moved to approve casting 8 votes for
candidate Politz. Council Member Barnes seconded. Motion carried 6-
0.
11-10-15
CC Regular Minutes
12. Consider/Discuss/Action regarding an Ordinance amending the
Anna City Code of Ordinances regarding meters and billing by
amending Part II, Article 49, Section 7.02. (Clayton Fulton)
ORDINANCE NO. 707-2015: AN ORDINANCE OF THE CITY OF
ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF
ORDINANCES REGARDING METERS AND BILLING BY AMENDING
PART II (GENERAL ORDINANCES), ARTICLE 49, SECTION 7.02;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Crist moved to approve. Council Member Burr
seconded. Motion carried 6-0.
13.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); acquisition of right-of-
way, easements, and land for municipal facilities;
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.
Council did not enter into closed session.
14.Consider/Discuss/Action on any items listed on posted agenda
Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
No action taken.
15.Adjourn.
MOTION: Council Member Barnes moved to adjourn at 8:07 p.m.
Council Member Bryan seconded. Motion carried 6-0.
11-10-15
CC Regular Minutes
Approved on the day of
ATTEST:
City Secretary Carrie L. Smith
%k
Mayor Mike Crist
11-10-15
CC Regular Minutes
CITY OF AN NA, TEXAS
Item No. 5 b
City Secretary's use only
City Council Agenda
Staff Report
Date: 12/8/2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution authorizing the execution of an Interlocal Agreement with the Collin
County Governmental Purchasers Forum
SUMMARY:
The Collin County Purchasing Department administers a purchasing forum that allows
entities to cooperatively purchase goods and/or services that have been competitively
bid by other public entities.
The attached ILA would authorize the City to legally purchase goods/services under
contracts executed with other entities provided the contractor agrees to participate in
the same ILA and is stipulated in their contract.
Cooperative purchasing allows for the City to take advantage of volume pricing provided
to larger organizations. Additionally, the ILA allows for more efficient, effective, and
economical procurements.
STAFF RECOMMENDATION:
Approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO. 2015-12-132
(ILA Collin County Purchasers Forum)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING
THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF ANNA, TEXAS AND PARTICIPANTS IN THE COLLIN COUNTY
GOVERNMENTAL PURCHASERS FORUM PROVIDING FOR A COOPERATIVE
PURCHASING PROGRAM FOR GOODS AND SERVICES.
WHEREAS, the City Council has been presented a proposed Interlocal Agreement by and
between the City of Anna, Texas, and participants in the Collin County governmental
Purchasers Forum, a copy of which is attached hereto as Exhibit "A" and incorporated herein
by reference (hereafter called "Agreement"); and,
WHEREAS, upon full review and consideration of the Agreement, and all matters attendant
and related thereto, the City Council is of the opinion that the terms and conditions thereof
should be approved, and that the City Manager shall be authorized to execute it on behalf of
the City of Anna; and,
WHEREAS, participation in cooperative purchasing agreements and forums provides means
for efficient and economical procurement of goods and services for the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
h"eSection 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Engagement
The City Council hereby authorizes the City Manager to execute the attached Interlocal
Agreement and is hereby authorized to execute all documents and to take all other actions
necessary to finalize the agreement.
Section 3. Effective Date
This Resolution shall become effective from and after its passage. Furthermore, any previous
Interlocal Agreements between the City of Anna and other participants in this Forum shall
become null and void upon passage of this document and this document shall become the
valid agreement between the participants.
Resolution no. 2015-12-132 Page 1
(ILA Collin County Purchasers Forum)
DULY PASSED AND APPROVED THIS THE 8T" DAY OF DECEMBER 2015.
ATTEST:
Carrie L. Smith, City Secretary
Resolution no. 2015-12-132
(ILA Collin County Purchasers Forum)
APPROVED:
Mike Crist, Mayor
Page 2
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into this day of 2015,
by and between the CITY OF ANNA, TEXAS (hereinafter called "ANNA") and participants
in the COLLIN COUNTY GOVERNMENTAL PURCHASERS FORUM (hereinafter called
"Forum"), acting through the CITY OF ANNA duly authorized agent:
WITNESSETH: .
WHEREAS, the City of Anna and the present Forum participants (current partici)
in exhibit A attached to this agreement) as permitted under Article 4413 (32c) VAC.S., the
Interlocal Cooperation Act, wish to enter into this Interlocal Agreement to set forth the terms and
conditions upon which the City of Anna and Forum participants may pur hase various goods and
services commonly utilized by all entities; and
in
WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the
taxpayers of the City of Anna and Forum participants through the anticipated savings to be
realized;
WHEREAS, is also realized this program could be very beneficial to smaller governmental
entities in Collin County that choose to join this Forum at a later date by formal declaration by
their governing bodies to participate in this program by passage of a similar document;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and
obligations as set forth herein, the City of Anna and other Forum participants agree as follows:
,.405-
All Forum participants will work cooperatively to provide a program for the purchase of various
goods and services commonly utilized by all participants ("Cooperative Purchasing Program"),
and under such Program may purchase goods and services from vendors under present and future
contracts with any entity in the forum.
The Forum participants will enter into individual contracts with vendors under the Cooperative
Purchasing Program provided for under this Agreement. The participants shall be individually
responsible for payment directly to the vendor and for the vendor's compliance with all conditions
of delivery and quality of purchased items under such Individual contracts.
The term of this Agreement shall be for five (5) years from the date hereof and may be renewed
for two (2) additional five (5) year terms. Any renewal of this Interlocal Agreement shall be in
writing and signed by the party hereto at least thirty (30) days prior to any termination date.
Notwithstanding anything herein to the contrary, participation in this Agreement by the City may
be terminated upon thirty (30) days written notice to the other members of the Forum.
EXECUTED hereto on the day and year first above written.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Philip Sanders, City Manager r
Collin County Governmental Purchasers Forum Members
Date of
Last
Renewals
t
TMuAgreemen
Wwals
Renewed
Remaining
Allen ISD
Finance & Operations
612 E. Bethany Drive
Allen, TX 75013
7/27/2015
Ongoing
n/a
2
n/a
0
Phone-972/727-7114
Fax-972/727-7113
Website: www.allenisd.org
Allen, City of
Purchasing Department
305 Century Parkway
Allen, TX 75013
10/15/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-214/509-4630
Fax-214/509-4675
Website : www.cityofallen.org
Anna, City of
PO Box 776
Anna, TX 75409
3/14/2006
5 yrs
Expired
n/a
2006
n/a
Phone-972/924-3325
Fax-972/924-2620
Website: www.annatexas.gov
Blue Ridge, City of
City Secretary
200 S. Main
5/2/2006
Ongoing
n/a
n/a
n/a
n/a
Blue Ridge, TX 75424
972/752-5791
972/752-9160 Fax
Carrollton, City of
Purchasing Division
PO Box 110535
Carrollton, TX 75011-0535
3/4/2015
5 yrs
3/3/2020
2
n/a
2
Phone-972/466-3115
Fax-972/466-3175
Website: www.cityofcarrollton.com
Celina ISD
Superintendent
205 S. Colorado
Celina, TX 75009
4/22/1999
Ongoing
n/a
n/a
n/a
n/a
Phone-469/742-9100 Ext 1110
Fax-972/382-3607
Website: www.celinaisd.com
11/9/2015 Page 1 of 6
Collin County Governmental Purchasers Forum Members
Date of
Last
Renewals
Agreement
TE"
Wwa Is
Renewed
Remaining
Celina, City of
Director of Finance
142 N. Ohio
Celina, TX 75009
4/22/2015
Ongoing
n/a
n/a
n/a
n/a
Phone-972/382-2682
Fax-972/382-3736
Website: www.celina-tx.gov
Collin County Children's Protective
Services Board
1912 Glenwick Drive
Plano, TX 75075
9/27/1999
Ongoing
n/a
n/a
n/a
n/a
Phone-214/709-3361
Fax: 817/514-5211
Collin County Community College
Purchasing Department
3452 Spur 399, Suite 367
McKinney, TX 75069
5/27/2013
Ongoing
n/a
n/a
n/a
n/a
Phone-972/758-3871
Fax-972/377-1013
Website: www.collin.edu/purchasing
Collin County Government
2300 Bloomdale Road, Suite 3160
McKinney, TX 75071
Phone-972/548-4165
10/13/1997
Ongoing
n/a
n/a
n/a
n/a
Metro-972/424-1460 x4165
Fax-972/548-4694
Website: www.collincountytx.gov
Collin County MHMR Life Path
Systems
PO Box 828
McKinney, TX 75070
10/14/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-972/562-0190 x1146
Fax-972/562-3647
Website: www.lifepathsystems.org
Fairview, Town of
Accounting Manager
372 Town Place
Fairview, TX 75069
10/13/1997
Ongoing
n/a
n/a
n/a
n/a
Phone-972/886-4241
Fax-972/548-0268
Website: www.fairviewtexas.org
11/9/2015 Page 2 of 6
Collin County Governmental Purchasers Forum Members
Date of
Last
Renewals
4�]Lm
Agreernen t
TE
Wwals
Renewed
Remaining
Frisco /SD
Purchasing Department
5515 Ohio Drive
Frisco, TX 75035
12/14/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-469/633-6381
Fax-469/633-6350
Website: www.friscoisd.org
Frisco, City of
Purchasing Department
6101 Frisco Square Blvd, 1st Floor
Frisco, TX 75034
5/28/2013
Ongoing
n/a
n/a
n/a
n/a
Phone-972/292-5541
Fax: 972/292-5586
Website: www.friscotexas.gov
Garland, City of
Purchasing Department
200 North 5th Street
Garland, TX 75040
9/14/2015
Ongoing
n/a
n/a
n/a
n/a
Phone-972/205-2415
Fax-972/205-2495
Website: www.ci.garland.tx.us/home
Josephine, City of
City Secretary
PO Box 99
Josephine, Texas 75164-0099
6/9/2011
5 yrs
6/8/2016
2
n/a
2
Phone-972/843-8282
Fax-972/843-8377
Website: www.cityofjosephinetx.com
Lovejoy ISD
Director of Purchasing
259 Country Club Road
Allen, TX 75002
4/22/2015
Ongoing
n/a
2
n/a
0
Phone 469/742-8018
Fax-469/742-8074
Website: www.lovejoyisd.net
Lucas, City of
Finance Manager
665 Country Club Road
Lucas, TX 75002
9/17/2015
5 yrs
9/17/2020
2
n/a
2
Phone-972/912-1203
Fax-972/727-0091
Website: www.lucastexas.us
11/9/2015 Page 3 of 6
Collin County Governmental Purchasers Forum Members
McKinney ISD
Purchasing Department
#1 Duvall Street
McKinney, TX 75069
1/15/2002
Ongoing
n/a
n/a
n/a
n/a
Phone-469/302-4013
Fax-469/302-4139
Website: www.mckinneyisd.net
McKinney, City of
Purchasing Department
1550 S. College
McKinney, TX 75069
3/1/2002
Ongoing
n/a
n/a
n/a
n/a
Phone-972/547-7580
Metro-972/562-6080 x7580
Fax-972/547-7585
Murphy, City of
Finance Director
206 N. Murphy Rd
Murphy, TX 75028
4/21/2015
Ongoing
n/a
n/a
n/a
n/a
Phone-972/468-4119
Web Site: www.murphytx.org
North Texas Tollway Authority
Procurement Services Department
PO Box 260729
5900 W. Plano Parkway, Suite 100
Plano TX 75026
3/23/2001
Ongoing
n/a
n/a
n/a
n/a
Phone 214/224-2495
Fax 972/930-3495
Website: www.ntta.org
Parker, City of
Finance Manager
5700 East Parker Rd
Parker, TX 75002
12/8/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-972/442-6811
Fax-972/442-2894
Website: www.parkertexas.us
Plano ISD
Purchasing Department
6600 Alma Drive
Plano, TX 75025
Phone-469/752-0285
3/1/2005
Ongoing
n/a
n/a
n/a
n/a
Fax-469/752-0281
Website:
http://www.pisd.edu/about.us/purch
asing/index.shtml
11/9/2015 Page 4 of 6
Collin County Governmental Purchasers Forum Members
Date of
Last
Renewals
�W'W'
Agreemen t
TE
Wwals
Renewed
Remaining
Plano, City of
Purchasing Department
PO Box 860358
Plano, TX 75086-0358
4/18/2006
Ongoing
n/a
n/a
n/a
n/a
Phone-972/941-7136
Fax-972/461-6837
Website: www.plano.gov
Princeton ISD
Deputy Superintendent
321 Panther Parkway
Princeton, TX 75407
11/9/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-469/952-5400
Fax-972/736-3505
Website: www.princetonisd.net
Princeton, City of
Director Finance
PO Box 970
3/9/2015
5 yrs
3/8/2020
2
n/a
2
Princeton, TX 75407
Phone-972/736-2416
Fax-972/734-2548
Prosper, Town of
Purchasing Agent
121 W. Broadway
Prosper, TX 75078
8/10/1999
Ongoing
n/a
n/a
n/a
n/a
Phone-972/569-1018
Website: www.prospertx.gov
Richardson ISD
Director of Purchasing
970 Security Row
Richardson, TX 75081
Phone-469/593-0560
Fax-469/593-0563
9/12/2005
Ongoing
n/a
n/a
n/a
n/a
Website:
http://www.risd.org/group/departme
nts/Purchasing_Department/Purchasi
ngDepartment main.asp
Richardson, City of
Purchasing Department
411 W. Arapaho Road
Richardson, TX 75080
3/9/2006
Ongoing
n/a
n/a
n/a
n/a
Phone-972/744-4132
Fax-972/744-5808
Website: www.cor.net
11/9/2015 Page 5 of 6
Collin County Governmental Purchasers Forum Members
Date of
Last
Renewals
Agreement
TE"
Wwa Is
Renewed
Remaining
Sachse, City of
Finance Department
3815-B Sachse Road
Sachse, TX 75048
9/21/2005
Ongoing
n/a
n/a
n/a
n/a
Phone-972/495-1212 Ext 4767
Fax-972/495-9356
University of Texas -Dallas
Procurement Management
800 W. Campbell Road AD34
Richardson, TX 75080-3021
Phone-972/883-2300
2/24/1993
Ongoing
n/a
n/a
n/a
n/a
Fax-972/883-2348
Website:
www.utdallas.edu/procurement
Wylie ISD
Purchasing Department
P.O. Box 490
Wylie, TX 75098 or
951 S Ballard Avenue
2/20/2006
Ongoing
n/a
n/a
n/a
n/a
Wylie, TX 75098
Phone-972/429-3020
Fax-972/941-6020
Website: www.wylieisd.net
Wylie, City of
Purchasing Department
300 Country Club Road
Wylie, TX 75098
10/1/1998
Ongoing
n/a
n/a
n/a
n/a
Phone-972/516-6140
Fax-972/516-6142
Website: www.wylietexas.gov
11/9/2015 Page 6 of 6
CITY OF ANNA, TEXAS
Item No. 5c
City Secretary's use only
City Council Agenda
Staff Report
Date: September 8, 2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution renewing tower license agreements with AirCanopy Internet
Services, Inc d/b/a Rise Broadband.
SUMMARY:
The City currently has tower license agreements with AirCanopy Internet Services, Inc
d/b/a Rise Broadband (Rise Broadband) allowing them to mount telecommunications
equipment on our water towers located at 1111 CR 370 E (near the AISD high school) and
3300 N. Powell Parkway (at the Public Works offer).
The current contracts expired in November of 2015, the attached resolution would
authorize the City Manager to renew new agreements with Rise Broadband for a 4 year
period with updated rates.
In exchange for the use of our water towers, each agreement has a rate of $800 a month
for the first two years and $1,000 a month for the final two years. Rise Broadband
currently pays $700 per month per agreement.
STAFF RECOMMENDATION:
Approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO. 2015-12-133
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING TOWER SITE
LICENSE AGREEMENTS WITH AIRCANOPY INTERNET SERVICES, INC. D/B/A
RISE BROADBAND.
WHEREAS, the City Council of the City of Anna, Texas (the Council) and AirCanopy
Internet Services, Inc. (Licensee) desire to enter into a Tower Site License Agreement
(the Agreement); and,
WHEREAS, The existing contracts between The City of Anna (the City) and the 400
Licensee expired in November 2015; and,
WEREAS, Based upon the expiring contracts, the Licensee currently has equipment
located on City water towers located at 111 N. County Road 370 E. and 3300 N. Powell
Parkway; and,
WHEREAS, The Council finds that approval of the Agreement is in the best interest of
the citizens of Anna,
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. Authorization. %,
The Council hereby approves the Agreements attached hereto as EXHIBIT 1, and
authorizes, ratifies, and approves the City Manager's execution of same. The City
Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize, act under, and enforce the contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 8th
day of December, 2015.
ATTESTED: APPROVED:
City Secretary, Carrie L. Smith Mayor, Mike Crist
TOWER SITE LICENSE AGREEMENT
THIS TOWER SITE LICENSE AGREEMENT (this "License") is entered into between the City of Anna (the "City"),
a Texas municipal corporation, and AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband
("Licensee"), with its principal business at 61 Inverness Parkway, Suite 250, Englewood, CO 80112.
WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the "Parties",
or, each individually, as "Party"; and
WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna
Facilities, as hereinafter defined; and,
WHEREAS, Licensee seeks to provide high-speed internet services to citizens and businesses within and
near the City's corporate limits, and it is in the best interests of the City to facilitate the provision of such services
upon the terms set forth in this License.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Property.
(a) The City is the titleholder or otherwise controls that certain real property located at 1111 County
Road 370, E. Anna, Texas (hereinafter referenced as the "City's Property"), which is described
on the attached Exhibit A, incorporated herein by reference for all purposes. The parties agree
that the City's Property in Exhibit A is correctly described.
(b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 3300
N Powell Parkway, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"),
subject to the terms of this License. The License allows the Licensee to place communications
devices and equipment (said devices and equipment here referenced as "Communication
Equipment") at or within a close distance of the base of the Tower Structure and to mount
certain communication facilities (said communication facilities herein referenced as "Antenna
Facilities") onto the Tower Structure. The Communication Equipment must be stored within a
closed box (said box hereinafter referenced as "Equipment Enclosure"). The relative location
within the City's Property of the Equipment Enclosure and the Antenna Facilities as shall be as
depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes.
During the Term, as defined hereinafter, the Licensee may run cables and wires under, over
and across the City's Property to connect Licensee's Antenna Facilities to its Communication
Equipment and shall have the right to access and maintain same in accordance with this
License; provided, however, that the running of such cables and wires shall not unreasonably
interfere with the City's use of the City's Property. Licensee is also granted a non-exclusive
license for reasonable access to the City's Property when installing, removing, replacing,
and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities.
2. Term. The term of this License shall be four years (the "Term"), commencing on the
Commencement Date of this License, subject to earlier termination as provided for under this
License. This License shall terminate at the end of the Term unless before then the parties agree
in writing to extend this License for an additional period of time.
3. Payments/Compensation.
(a) Licensee shall make monthly payments to the City on the same day of the month as the
Commencement Date, which shall be ninety (90) days after the Effective Date. Starting on the
TOWER SITE LICENSE AGREEMENT Page 1 of 9
Commencement Date, said payments shall be made each month, in advance, to the City, or to
such other person, firm, or place as the City may, from time to time, designate in writing at least
30 days in advance of any payment date.
(b) Said monthly payments shall be in the amount of $800 during the first and second years of the
license, and $1,000 during the third and fourth years of the license.
(c) As additional compensation for this License, Licensee shall during the Term of this License,
and at the City's option, furnish —at no cost to the City —wireless internet services to up to 3
locations at the City's discretion ( City buildings, facilities and parks) at the widest bandwidth
and at the highest speed that Licensee offers or makes available to its commercial/business
customers, along with the highest capacity and highest performing hardware/equipment
(including but not limited to dishes/receivers, signal relay/boost equipment, modems, etc.).
(d) In the event of termination of this License for any reason(s) other than Licensee's nonpayment
of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee's failure to
provide services to the City in accordance with paragraph (c), above, payments due shall be
calculated on a prorated basis as of the date the Communication Equipment, Equipment
Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are
fully removed from the City's Property and Licensee restores the City's Property to the condition
in which it existed as of the Commencement Date, excepting normal wear and tear and
restoration being required only to the extent that Licensee or Licensee's property or use thereof
caused any changes to the condition of the City's Property. In the event that payments are
calculated on a prorated basis as set forth in the preceding sentence, and the City is in receipt
of prepaid amounts that exceed the prorated amount due, such excess amount shall be
refunded to Licensee. However, any prorated payment that would otherwise be refunded to
Licensee under this or any other provision of this License shall be subject to deductions of all
costs incurred by the City if Licensee fails to remove its equipment and restore the City's
Property as described above within 60 days of notice of termination. The City shall provide any
prorated refund thereafter due within 90 days after notice of termination.
4. Use.
(a)
r4#
Unless under a prior written agreement signed by the City and only to the extent permitted
thereunder while such agreement shall remain in effect, Licensee has no right to enter, access
or use the City's Property until the Commencement Date. On the Commencement Date and
thereafter, Licensee agrees that the following priorities of use, in descending order, shall apply
in the event of communication interference or other conflict during the Term, and Licensee's
use and rights under this License shall be subordinated accordingly.
(i) The City.
(ii) Public safety agencies, including law enforcement, fire, and ambulance services that are
not part of the City.
(iii) Government -regulated entities providing services to the general public for a fee, in a
manner similar to a public utility, such as long distance and cellular telephone service.
(b) Licensee's use of the City's Property shall include and be limited to the installation, operation,
and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities
and associated cables/wires necessary for the transmission and reception of radio
communication signals and for the operation of related equipment in accordance with the
provisions of this License. Licensee shall at all times act and be in compliance with all federal,
state, and local laws and regulations. If for any reason Licensee's use fails to comply with any
federal, state or local law or regulation and Licensee fails to bring its use within compliance
TOWER SITE LICENSE AGREEMENT
Page 2 of 9
within 30 days of written notice of such noncompliance, this License shall be terminated as
provided herein, unless sooner authorized by such applicable law. The City agrees to
reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all additional
licenses and permits required for Licensee's use of the City's Property.
5. Installation of Improvements. Access. Utilities.
(a) Licensee's installation of any equipment or personal property and construction of any structures
or other improvements shall be done according to plans submitted by Licensee and approved
by the City, and no equipment or property shall be subsequently relocated without the City's
approval. During the term of this License, Licensee shall have the nonexclusive right to use the
City's Property for the purpose of transmitting and receiving radio communication signals. The
City specifically reserves the right to allow the City's Property to be used by other parties of the
type and for the purposes generally described in this License, and to make additions, deletions
or modifications to the Tower Structure on the City's Property.
(b) Licensee may request to add, upgrade or replace Communication Equipment, Equipment
Enclosure and/or Antenna Facilities from time to time. If so requested, Licensee shall submit
to the City a structural study as may be reasonably requested for the City's evaluation of
proposed additions or upgrades. All costs for required structural studies will be paid by
Licensee within 30 days of receipt of a detailed invoice. The City reserves the right to: (1)
require renegotiation as to the amount of the required payments set forth in Paragraph 3(b) if
in the City's judgment Licensee's proposed additions and/or upgrades of the Antenna Facilities
and/or Communication Equipment justify an increase; and (2) deny such additions and/or
upgrades if such renegotiations do not result in a mutually agreeable amendment to this
License.
(c) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on
the licensed portions of the City's Property the Communication Equipment, Equipment
Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal
property as described in Exhibit B and approved by the City. All such improvements shall be
constructed in accordance with the City's specifications and according to a site plan approved
by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any
other of Licensee's improvements and personal property, shall remain the exclusive property
of Licensee, subject to Paragraph 8(c) of this License. No equipment shall be stored on the
City's Property outside of the Equipment Enclosure, and all appropriate permits must be
obtained prior to construction and use of the Equipment Enclosure.
C
Licensee, at all times during this License, shall have access to the licensed portions of the
City's Property and the Equipment Enclosure in order to install, operate and maintain its
Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval
of the City and in the presence of an employee of the City. Licensee shall request access to
the Tower Structure at least 24 hours in advance, except in the case of emergency, and the
City's approval thereof shall not be unreasonably withheld or delayed. If Licensee requests
access to the City's Property or Tower Structure outside normal City business hours, Licensee
shall be responsible for payment of all costs, including but not limited to salary/overtime costs,
incurred by the City as a result of providing the requested access to the Licensee. Full
reimbursement shall be provided to the City within thirty business days of receipt of the City's
written request for reimbursement.
(e) The City shall allow for access to electricity associated with Licensee's use of the City's Property.
All utilities will be buried unless otherwise approved by the City in writing.
TOWER SITE LICENSE AGREEMENT
Page 3 of 9
L1.
7
A
(f)
Licensee shall have sole responsibility for the maintenance, repair, and security of its
Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of
Licensee's improvements and personal property, and shall keep the same in good repair and
in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining
the Tower Structure that are due to the presence of or the installation of the Communication
Equipment, Equipment Enclosure, Antenna Facilities, and any of
improvements and personal property, will be the responsibility of Licensee
(g) Licensee will adhere to all applicable OSHA safety requirements.
(h) Licensee shall place no advertising on the site or on any structure,the
(i) All of Licensee's equipment and operations will comply with any applicable noise and nuisance
ordinances of the City.
Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required
under this License.
Licensee Defaults.
%W410 % 1W
(a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any
one or more of the following events shall constitute an "Event of Default" hereunder by
Licensee:
(i) The failure by Licensee to make any payment of rent or any other payment required to
be made by Licensee hereunder, as and when due, where such failure shall continue
for a period of 20 days after written notice thereof is received by the Licensee from the
City.
(ii) The failure by Licensee to observe or perform any of the covenants or provisions of
this License to be observed or performed by the Licensee, where such failure shall
continue for a period of 20 days after written notice thereof is received by the Licensee
from the City.
(b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to
the City at law or in equity, the City shall have the option to terminate this License and all rights
of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver
is set forth in a duly authorized written document properly adopted and signed by the party
granting the waiver and delivered to the other party. Any waiver of any right under this License
shall not be deemed a waiver of any other rights under this License.
Termination and Suspension.
(a) This License may be terminated as follows:
(i) By either party, upon a default of any covenant or term hereof by the other party, which
default is not cured within 30 days of receipt of written notice of default to the other
party;
(ii) By Licensee, if it is unable through no fault of its own to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation
of the Antenna Facilities or Licensee business, after pursuing such license, permit, or
other approval with due diligence;
TOWER SITE LICENSE AGREEMENT Page 4 of 9
(iii) By the City, if it determines in its sole discretion and for any reason, that the Tower
Structure is structurally unsound for its intended use, including but not limited to
consideration of age of the structure, damage or destruction of all or part of the Tower
Structure or the City's Property from any source, or factors relating to condition of the
City's Property;
(iv) By the City, if it determines that the Antenna Facilities unreasonably interfere with
another user with a higher priority as set forth in Paragraph 4(a) if Licensee cannot
correct the interference within 30 days;
(v) By the City, if Licensee's use of the City's Property is or becomes illegal under any
federal, state or local law, rule or regulation; or
(vi) By Licensee, if within 30 days before the second anniversary of the Commencement
Date of this License Agreement, Licensee provides written notice of such termination
to the City.
(b) This License shall be considered suspended temporarily if: (1) the City determines that
maintenance or repairs must be performed to the City's Property or to the Tower Structure; (2)
such maintenance or repairs require removal of all or a part of the Communication Equipment,
Equipment Enclosure, Antenna Facilities, any other associated cables/wires, or any other
property of Licensee (collectively, "Licensee's Property"); and (3) such removal results in
Licensee's inability, through no fault on its part, to broadcast its transmissions as intended.
Whenever practicable, the City shall provide Licensee with written notice specifying the part or
parts of the Licensee's Property that must be removed and an estimated duration of time before
reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event
later than the 30th day after such written notice. If Licensee does not timely remove the parts
of Licensee's Property specified for removal, then the City may facilitate the removal of same
by any means and Licensee must in that event reimburse the City for any removal expenses.
The City shall have no obligation to replace or reinstall any of Licensee's Property that has
been removed. Licensee's removal and any subsequent reinstallation of any of Licensee's
Property shall be at Licensee's own expense. Further, the City shall at no time be responsible
for any damage to Licensee's Property related, directly or indirectly, to any removal or
reinstallation of Licensee's Property or any part thereof.
(c) In the event of an emergency concerning public health and safety, the City may facilitate
removal of Licensee's Property at any time and by any means the City determines to be
necessary to avoid or defend against potential death, injury, or damage to property. This may
include without limitation requiring Licensee to remove same without notice or with very short
notice, depending on the circumstances. For the time period that Licensee is, through no fault
on its part, unable to broadcast its transmissions as intended due to such removal, the License
shall be considered to be suspended.
(d) As it relates to removal of Licensee's Property during any period of suspension under this
License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date
upon which the Licensee shall be allowed to reinstall any of Licensee's Property. Any
suspension described in this License shall be considered to be concluded on the tenth day
after the designated reinstallation date whether or not the Licensee's Property has been
reinstalled and whether or not the Licensee has resumed transmissions from the Tower
Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall
refund a prorated amount of any fees already paid to the City. Such repayment amount shall
represent and be in the sum of the fees that Licensee would otherwise have been obligated to
TOWER SITE LICENSE AGREEMENT Page 5 of 9
pay during the suspension period were it not for the suspension. A suspension of this License
shall not toll or otherwise alter the Term of this License.
(e) Should it at any time be determined by the City that the Tower Structure must be removed or
modified —or that the City's Property must be configured or otherwise used —in a way that
precludes Licensee's use thereof, then this License may be terminated by the City by providing
30-days written notice. This termination remedy is in addition to and cumulative of any other
termination provision in this License. In the event that the City provides such notice, then
Licensee must remove —no later than the 30'h day after such written notice —Licensee's
Property from the Tower Structure and from the City's Property. If Licensee fails to timely
remove any part of Licensee's Property, then the City may facilitate the removal of same by
any means and Licensee must in that event reimburse the City for any removal expenses.
Further, the City shall at no time be responsible for any damage to Licensee's Property.
(f) The City shall not in any manner be liable for any expense or damages whatsoever, including
without limitation consequential damages, loss of use, loss of profits, or any other costs, claims
or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the
removal of any of Licensee's Property in accordance with this License; or (2) the City
suspension or termination of this License in accordance with the provisions of this License,
which shall not be considered a breach of this License.
(g) Upon termination of this License for any reason, Licensee shall remove any remaining part of
Licensee's Property from the Tower Structure and the City's Property within 60 days after the
date of termination, and shall restore the City's Property to the condition it was in on the
Commencement Date of the term of this License ordinary wear and tear excepted, all at
Licensee's sole cost and expense. Any such property which is not removed by end of said 60-
day period shall become the property of the City.
9. Insurance.
(a) Licensee shall provide Comprehensive General Liability Insurance coverage, including
premises/operations coverage, independent contractor's liability, completed operations
coverage, contractual liability coverage, and the City will be held harmless for acts of outside
vendors in a combined single limit of not less than $1,000,000 per occurrence, and $4,000,000
aggregate, and name the City as an additional insured on such policy or policies. Licensee may
satisfy this requirement by an endorsement to its underlying insurance or umbrella liability
policy.
C
Neither party shall be liable to the other (or to the other's successors or assigns) for any loss
or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance
policy, and, in the event of such insured loss, neither party's insurance company shall have a
subrogated claim against the other.
(c) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence
of the required insurance in the form of a certificate of insurance issued by an insurance
company licensed to do business in the State of Texas, which includes all coverage required
above. Said certificate shall also provide that the coverage may not be cancelled, expired, or
materially changed without 30 days prior written notice to the City.
10. Adverse Medical Effect. In the event that it is established that Licensee's operation of the wireless
facility is determined to be medically related to a health problem, the City must notify Licensee of
TOWER SITE LICENSE AGREEMENT
Page 6 of 9
the related issues. In the event that Licensee causes, permits or allows such activities determined
to be medically related to a health problem to continue, the City shall have the right to immediately
terminate this License if Licensee fails to discontinue or remedy the operation within 30 days of
written notice of any such relationship.
11. Damage or Destruction of Property. If the City's Property, Tower Structure, or Antenna Facilities
are destroyed or damaged so as, in Licensee's judgment to render the site unusable as Antenna
Facilities, Licensee may elect to terminate this License upon 60 days written notice to the City. In
the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of
any prepaid rent prorated prior to the date of termination. V, N, �
12. INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF
THE CITY'S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS,
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING
REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF
LITIGATION, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY THE CITY OR FOR
WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE NEGLIGENCE, WILLFUL
MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS EMPLOYEES, AGENTS, OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE OR FROM THE
INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR PRESENCE
OF LICENSEE'S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICAL
INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE'S TRANSMISSION
OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND
WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES,
INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO
ENFORCE THIS INDEMNITY PROVISION. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY,
DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT.
13. Notices. All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return
receipt requested to the following addresses:
41
If to the City, to:
City Manager
City of Anna
P.O. Box 776
Anna, TX 75409
If the Licensee, to:
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
Attn.: John S. Koo
61 Inverness Parkway, Suite 250
Englewood, CO 80112
4. Representations and Warranties.
TOWER SITE LICENSE AGREEMENT
Page 7 of 9
a) The City warrants that (1) it has full right, power, and authority to execute this License; and (2)
to the best of its knowledge, it has good and unencumbered title to the City's Property free and
clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of
control over same for the full duration of the Term.
b) Licensee represents and warrants that its storage and use of any substance or material on the
City's Property will comply with applicable federal, state or local law or regulation and that it will
store and use said substance or material on the City's Property only if necessary for its
transmission operations. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST,
DAMAGE, AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES RELATING TO,
ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE ABOVE
REFERENCED MATERIALS THAT ARE PART OF LICENSEE'S COMMUNICATION
EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES, AND ANY OTHER OF
LICENSEE'S IMPROVEMENTS AND PERSONAL PROPERTY, OR ANY COMPONENT
PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF APPLICABLE LAW.
LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND HOLD HARMLESS
SHALL SURVIVE THE TERM OF THIS AGREEMENT.
15. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written
consent of the City, such consent not to be unreasonably withheld.
16. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in
any manner to benefit any third party.
17. Miscellaneous.
(a) This License constitutes the entire agreement and understanding of the parties relating to
the subject matter of this License, and supersedes all offers, negotiations, and other
agreements of any kind. There are no representations or understandings of any kind not
set forth herein. Any modification of or amendment to this License must be in writing and
executed by both parties.
(b) The parties understand and agree that this is a License for use of the City's Property and
Tower Structure and is not a contract for goods or services as defined under Texas Local
Government Code § 271.151.
(c) This License shall be construed in accordance with the laws of the State of Texas.
Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly
to this License shall lie in Collin County, Texas.
(d) If any term of this License is found to be void or invalid, such invalidity shall not affect the
remaining terms of this License, which shall continue in full force and effect.
(e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of
action against the City that arises out of, relates (directly or indirectly) to, or is in connection
with this License, including but not limited to any claim or cause of action available under
the Uniform Declaratory Judgment Act ("UDJA"), except that Licensee reserves the right
to seek specific performance of the City's duties under this License other than by a claim
brought under the UDJA.
TOWER SITE LICENSE AGREEMENT Page 8 of 9
(f) This License is subject to all zoning approvals and building permits.
(g) This License represents the entire and integrated agreement and all understandings
between the parties and supersedes and renders void all prior negotiations,
representations and/or agreements between the parties, either written or oral.
(h)
The Effective Date of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a
public notary. I
Ao� Nor
DULY AUTHORIZED SIGNATURES:
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2015, by Philip
Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
By:
Name:
Title:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of , 2015, by
of AirCanopy Internet Services, Inc. d/b/a Rise
Broadband.
Notary Public, State of Texas
TOWER SITE LICENSE AGREEMENT Page 9 of 9
Exhibit A
9/1/2015
Property Search
Collin CAD - Property Search
Property ID: 2112108 - Tax Year: 2016
General Information
Property ID
Property Status
Geographic ID
Property Type
Property Address
Total Land Area
Total Improvement Main A
Abstract/Subdivision
Primary State Code
Legal Description A
Tr
Certain Information i
for more information
Owner Information
Owner ID
Owner Name(s)
Exemptions
91191nR
EX-XV (Other Exemptions (Including Public,
Religious, Charitable, And Other Property
Not Reported E
Percent Ownership 100.00%
Mailing Address Po Box 776
Anna, TX 75409-0776
2016 Value
Information
New restrictions passed by
the 84th Legislature block the
Value
display of certain exemption
information
information. Click here for
for Property
more information...
ID 2112108
in the 2016
tax year is
unavailable.
Value
http://www.collincad.org/propertysearch?prop_id=2112108&situs_street_suffiix=&isd%5B%5D=any&city%5B%5D=any&prop type%5B%5D=R&prop_type%5.
1/3
9/1/2015
Collin CAD - Property Search
information
for prior
History section below.
Entities
Taxing Entity
CAN (Anna City)
GCN (Collin County)
JCN (Collin College)
SAN (Anna ISD)
Improvements
Improvement #1
State Code
Homesite
Market Value
Total Main Area
Detail # Type
1 STG - Storage
ears may
e available
in the Value
Tax Rate
0.649000 (2014 Rate)
0.235000 (2014 Rate)
0.081960 (2014 Rate)
1.540000 (2014 Rate)
Commercial
F1 (Govt Owned City)
No
n/a
Year Built Sq. Ft.
2000 200,000
Improvement #2 Commercial
State Code F1 (Govt Owned City)
Homesite No
Market Value
Total Main Area A, n/a
Detail # Type Year ilt Sq. Ft.
1 STG - Storage � 2000 338,000
Value1-i-t
Year
Improvement
Land
2015
$1,420,320
$44,280
2014
$0
$44,280
2013
$0
$44,280
2012
$0
$44,280
2011
$0
$44,280
Land Segme
Land Seg
State Cod
Homesite
Market Va,uc
Ag Use Value
Land Size
n/a
2.4600 acres
107,158 sq. ft.
Market
Ag Loss
Appraised
HS Cap Loss
Assessed
$1,464,600
$0
$1,464,600
$0
$1,464,600
$44,280
$0
$44,280
$0
$44,280
$44,280
$0
$44,280
$0
$44,280
$44,280
$0
$44,280
$0
$44,280
$44,280
$0
$44,280
$0
$44,280
Deed History
http://www.collincad.org/propertysearch?prop_id=2112108&situs_street_suffiix=&isd%5B%SD=any&city%5B%SD=any&prop type%5B%SD=R&prop_type%5... 2/3
9/1/2015
Collin CAD - Property Search
Deed Date Seller Buyer Instr # Volume/Page
07/14/2000 HENDRICKS JON ANNA CITY OF 20001109001237290 4792/2386
SB 541- Amends Section 25.027 of the Property Tax Code, effective September 1, 2005
RESTRICTION ON POSTING DETAILED IMPROVEMENT INFORMATION ON INTERNET WEBSITE:
Information in appraisal records may not be posted on the Internet if the information is a photograph, sketch, or floor plan of an
improvement to real property that is designed primarily for use as a human residence. This section does not apply to an aerial photograph
that depicts five or more separately owned buildings.
HB 394 - Amends Section 25.027 of the Property Tax Code, effective September 1, 2015
RESTRICTION ON POSTING AGE RELATED INFORMATION ON INTERNET WEBSITE: AdF- ti
Information in appraisal records may not be posted on the Internet if the information indicates the age of a property owner, including
information indicating that a property owner is 65 years of age or older.
http://www.collincad.org/propertysearch?prop_id=2112108&situs_street_suffiix=&isd%5B%SD=any&city%5B%SD=any&prop type%5B%SD=R&prop_type%5... 3/3
Anna South Tower
View of Tower from South gate
(facing North)
1 — South -facing sector antenna
2 — North East -facing sector antenna
3 — South -facing panel antenna
4 — West -facing panel antenna
5 — Distribution Box
TOWER SITE LICENSE AGREEMENT
THIS TOWER SITE LICENSE AGREEMENT (this "License") is entered into between the City of Anna (the "City"),
a Texas municipal corporation, and AirCanopy Internet Services, Inc., a Texas corporation d/b/a Rise Broadband
("Licensee"), with its principal business at 61 Inverness Parkway, Suite 250, Englewood, CO 80112.
WHEREAS, Licensee and the City are sometimes collectively referenced in this Agreement as the "Parties",
or, each individually, as "Party"; and
WHEREAS, the City owns a Tower Structure, as hereinafter defined, suitable for the placement of Antenna
Facilities, as hereinafter defined; and,
WHEREAS, Licensee seeks to provide high-speed internet services to citizens and businesses within and
near the City's corporate limits, and it is in the best interests of the City to facilitate the provision of such services
upon the terms set forth in this License.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
Property.
(a) The City is the titleholder or otherwise controls that certain real property located at 3300 N
Powell Parkway, Anna, Texas (hereinafter referenced as the "City's Property"), which is
described on the attached Exhibit A, incorporated herein by reference for all purposes. The
parties agree that the City's Property in Exhibit A is correctly described.
(b) The City hereby agrees to license to Licensee the limited use of a certain tower located at 3300
N Powell Parkway, Anna, Texas (said tower hereinafter referenced as the "Tower Structure"),
subject to the terms of this License. The License allows the Licensee to place communications
devices and equipment (said devices and equipment here referenced as "Communication
Equipment") at or within a close distance of the base of the Tower Structure and to mount
certain communication facilities (said communication facilities herein referenced as "Antenna
Facilities") onto the Tower Structure. The Communication Equipment must be stored within a
closed box (said box hereinafter referenced as "Equipment Enclosure"). The relative location
within the City's Property of the Equipment Enclosure and the Antenna Facilities as shall be as
depicted in the sketch attached as Exhibit B, incorporated herein by reference for all purposes.
During the Term, as defined hereinafter, the Licensee may run cables and wires under, over
and across the City's Property to connect Licensee's Antenna Facilities to its Communication
Equipment and shall have the right to access and maintain same in accordance with this
License; provided, however, that the running of such cables and wires shall not unreasonably
interfere with the City's use of the City's Property. Licensee is also granted a non-exclusive
license for reasonable access to the City's Property when installing, removing, replacing,
and/or servicing its Equipment Enclosure, Communication Equipment or Antenna Facilities.
2. Term. The term of this License shall be four years (the "Term"), commencing on the
Commencement Date of this License, subject to earlier termination as provided for under this
License. This License shall terminate at the end of the Term unless before then the parties agree
in writing to extend this License for an additional period of time.
3. Payments/Compensation.
(a) Licensee shall make monthly payments to the City on the same day of the month as the
Commencement Date, which shall be ninety (90) days after the Effective Date. Starting on the
TOWER SITE LICENSE AGREEMENT Page 1 of 9
Commencement Date, said payments shall be made each month, in advance, to the City, or to
such other person, firm, or place as the City may, from time to time, designate in writing at least
30 days in advance of any payment date.
(b) Said monthly payments shall be in the amount of $800 during the first and second years of the
license, and $1,000 during the third and fourth years of the license.
(c) As additional compensation for this License, Licensee shall during the Term of this License,
and at the City's option, furnish —at no cost to the City —wireless internet services to up to 3
locations at the City's discretion ( City buildings, facilities and parks) at the widest bandwidth
and at the highest speed that Licensee offers or makes available to its commercial/business
customers, along with the highest capacity and highest performing hardware/equipment
(including but not limited to dishes/receivers, signal relay/boost equipment, modems, etc.).
(d) In the event of termination of this License for any reason(s) other than Licensee's nonpayment
of any amounts due in accordance with paragraphs (a) and (b), above, or Licensee's failure to
provide services to the City in accordance with paragraph (c), above, payments due shall be
calculated on a prorated basis as of the date the Communication Equipment, Equipment
Enclosure, Antenna Facilities, associated cables/wires and any other property of Licensee are
fully removed from the City's Property and Licensee restores the City's Property to the condition
in which it existed as of the Commencement Date, excepting normal wear and tear and
restoration being required only to the extent that Licensee or Licensee's property or use thereof
caused any changes to the condition of the City's Property. In the event that payments are
calculated on a prorated basis as set forth in the preceding sentence, and the City is in receipt
of prepaid amounts that exceed the prorated amount due, such excess amount shall be
refunded to Licensee. However, any prorated payment that would otherwise be refunded to
Licensee under this or any other provision of this License shall be subject to deductions of all
costs incurred by the City if Licensee fails to remove its equipment and restore the City's
Property as described above within 60 days of notice of termination. The City shall provide any
prorated refund thereafter due within 90 days after notice of termination.
4. Use.
(a)
r4#
Unless under a prior written agreement signed by the City and only to the extent permitted
thereunder while such agreement shall remain in effect, Licensee has no right to enter, access
or use the City's Property until the Commencement Date. On the Commencement Date and
thereafter, Licensee agrees that the following priorities of use, in descending order, shall apply
in the event of communication interference or other conflict during the Term, and Licensee's
use and rights under this License shall be subordinated accordingly.
(i) The City.
(ii) Public safety agencies, including law enforcement, fire, and ambulance services that are
not part of the City.
(iii) Government -regulated entities providing services to the general public for a fee, in a
manner similar to a public utility, such as long distance and cellular telephone service.
(b) Licensee's use of the City's Property shall include and be limited to the installation, operation,
and maintenance of the Communication Equipment, Equipment Enclosure, Antenna Facilities
and associated cables/wires necessary for the transmission and reception of radio
communication signals and for the operation of related equipment in accordance with the
provisions of this License. Licensee shall at all times act and be in compliance with all federal,
state, and local laws and regulations. If for any reason Licensee's use fails to comply with any
federal, state or local law or regulation and Licensee fails to bring its use within compliance
TOWER SITE LICENSE AGREEMENT
Page 2 of 9
within 30 days of written notice of such noncompliance, this License shall be terminated as
provided herein, unless sooner authorized by such applicable law. The City agrees to
reasonably cooperate with Licensee in obtaining, at Licensee's sole expense, all additional
licenses and permits required for Licensee's use of the City's Property.
5. Installation of Improvements. Access. Utilities.
(a) Licensee's installation of any equipment or personal property and construction of any structures
or other improvements shall be done according to plans submitted by Licensee and approved
by the City, and no equipment or property shall be subsequently relocated without the City's
approval. During the term of this License, Licensee shall have the nonexclusive right to use the
City's Property for the purpose of transmitting and receiving radio communication signals. The
City specifically reserves the right to allow the City's Property to be used by other parties of the
type and for the purposes generally described in this License, and to make additions, deletions
or modifications to the Tower Structure on the City's Property.
(b) Licensee may request to add, upgrade or replace Communication Equipment, Equipment
Enclosure and/or Antenna Facilities from time to time. If so requested, Licensee shall submit
to the City a structural study as may be reasonably requested for the City's evaluation of
proposed additions or upgrades. All costs for required structural studies will be paid by
Licensee within 30 days of receipt of a detailed invoice. The City reserves the right to: (1)
require renegotiation as to the amount of the required payments set forth in Paragraph 3(b) if
in the City's judgment Licensee's proposed additions and/or upgrades of the Antenna Facilities
and/or Communication Equipment justify an increase; and (2) deny such additions and/or
upgrades if such renegotiations do not result in a mutually agreeable amendment to this
License.
(c) Licensee shall have the right, at its sole cost and expense, to install, operate and maintain on
the licensed portions of the City's Property the Communication Equipment, Equipment
Enclosure, Antenna Facilities, and any other of Licensee's improvements and personal
property as described in Exhibit B and approved by the City. All such improvements shall be
constructed in accordance with the City's specifications and according to a site plan approved
by the City. The Communication Equipment, Equipment Enclosure, Antenna Facilities, and any
other of Licensee's improvements and personal property, shall remain the exclusive property
of Licensee, subject to Paragraph 8(c) of this License. No equipment shall be stored on the
City's Property outside of the Equipment Enclosure, and all appropriate permits must be
obtained prior to construction and use of the Equipment Enclosure.
C
Licensee, at all times during this License, shall have access to the licensed portions of the
City's Property and the Equipment Enclosure in order to install, operate and maintain its
Antenna Facilities. Licensee shall have access to the Tower Structure only with the approval
of the City and in the presence of an employee of the City. Licensee shall request access to
the Tower Structure at least 24 hours in advance, except in the case of emergency, and the
City's approval thereof shall not be unreasonably withheld or delayed. If Licensee requests
access to the City's Property or Tower Structure outside normal City business hours, Licensee
shall be responsible for payment of all costs, including but not limited to salary/overtime costs,
incurred by the City as a result of providing the requested access to the Licensee. Full
reimbursement shall be provided to the City within thirty business days of receipt of the City's
written request for reimbursement.
(e) The City shall allow for access to electricity associated with Licensee's use of the City's Property.
All utilities will be buried unless otherwise approved by the City in writing.
TOWER SITE LICENSE AGREEMENT
Page 3 of 9
L1.
7
A
(f)
Licensee shall have sole responsibility for the maintenance, repair, and security of its
Communication Equipment, Equipment Enclosure, Antenna Facilities, and any other of
Licensee's improvements and personal property, and shall keep the same in good repair and
in safe condition at all times. Any unforeseen or additional costs for servicing or maintaining
the Tower Structure that are due to the presence of or the installation of the Communication
Equipment, Equipment Enclosure, Antenna Facilities, and any of
improvements and personal property, will be the responsibility of Licensee
(g) Licensee will adhere to all applicable OSHA safety requirements.
AL
(h) Licensee shall place no advertising on the site or on any structure on the
4V
(i) All of Licensee's equipment and operations will comply with any applicable noise and nuisance
ordinances of the City.
Reasonable Approval. Both parties shall not unreasonably withhold or delay approvals required
under this License.
Licensee Defaults.
%W410 % 1W
(a) Not by way of limitation, the parties hereto understand and agree that the occurrence of any
one or more of the following events shall constitute an "Event of Default" hereunder by
Licensee:
(i) The failure by Licensee to make any payment of rent or any other payment required to
be made by Licensee hereunder, as and when due, where such failure shall continue
for a period of 20 days after written notice thereof is received by the Licensee from the
City.
(ii) The failure by Licensee to observe or perform any of the covenants or provisions of
this License to be observed or performed by the Licensee, where such failure shall
continue for a period of 20 days after written notice thereof is received by the Licensee
from the City.
(b) If there occurs an Event of Default by Licensee, in addition to any other remedies available to
the City at law or in equity, the City shall have the option to terminate this License and all rights
of Licensee hereunder. No waiver of any rights under this License shall occur unless the waiver
is set forth in a duly authorized written document properly adopted and signed by the party
granting the waiver and delivered to the other party. Any waiver of any right under this License
shall not be deemed a waiver of any other rights under this License.
Termination and Suspension.
(a) This License may be terminated as follows:
(i) By either party, upon a default of any covenant or term hereof by the other party, which
default is not cured within 30 days of receipt of written notice of default to the other
party;
(ii) By Licensee, if it is unable through no fault of its own to obtain or maintain any license,
permit, or other governmental approval necessary for the construction and/or operation
of the Antenna Facilities or Licensee business, after pursuing such license, permit, or
other approval with due diligence;
TOWER SITE LICENSE AGREEMENT Page 4 of 9
(iii) By the City, if it determines in its sole discretion and for any reason, that the Tower
Structure is structurally unsound for its intended use, including but not limited to
consideration of age of the structure, damage or destruction of all or part of the Tower
Structure or the City's Property from any source, or factors relating to condition of the
City's Property;
(iv) By the City, if it determines that the Antenna Facilities unreasonably interfere with
another user with a higher priority as set forth in Paragraph 4(a) if Licensee cannot
correct the interference within 30 days;
(v) By the City, if Licensee's use of the City's Property is or becomes illegal under any
federal, state or local law, rule or regulation; or
(vi) By Licensee, if within 30 days before the second anniversary of the Commencement
Date of this License Agreement, Licensee provides written notice of such termination
to the City.
(b) This License shall be considered suspended temporarily if: (1) the City determines that
maintenance or repairs must be performed to the City's Property or to the Tower Structure; (2)
such maintenance or repairs require removal of all or a part of the Communication Equipment,
Equipment Enclosure, Antenna Facilities, any other associated cables/wires, or any other
property of Licensee (collectively, "Licensee's Property"); and (3) such removal results in
Licensee's inability, through no fault on its part, to broadcast its transmissions as intended.
Whenever practicable, the City shall provide Licensee with written notice specifying the part or
parts of the Licensee's Property that must be removed and an estimated duration of time before
reinstallation will be permitted. Licensee shall complete such removal promptly, but in no event
later than the 30th day after such written notice. If Licensee does not timely remove the parts
of Licensee's Property specified for removal, then the City may facilitate the removal of same
by any means and Licensee must in that event reimburse the City for any removal expenses.
The City shall have no obligation to replace or reinstall any of Licensee's Property that has
been removed. Licensee's removal and any subsequent reinstallation of any of Licensee's
Property shall be at Licensee's own expense. Further, the City shall at no time be responsible
for any damage to Licensee's Property related, directly or indirectly, to any removal or
reinstallation of Licensee's Property or any part thereof.
(c) In the event of an emergency concerning public health and safety, the City may facilitate
removal of Licensee's Property at any time and by any means the City determines to be
necessary to avoid or defend against potential death, injury, or damage to property. This may
include without limitation requiring Licensee to remove same without notice or with very short
notice, depending on the circumstances. For the time period that Licensee is, through no fault
on its part, unable to broadcast its transmissions as intended due to such removal, the License
shall be considered to be suspended.
(d) As it relates to removal of Licensee's Property during any period of suspension under this
License, the City shall as soon as practicable provide to Licensee in writing a reinstallation date
upon which the Licensee shall be allowed to reinstall any of Licensee's Property. Any
suspension described in this License shall be considered to be concluded on the tenth day
after the designated reinstallation date whether or not the Licensee's Property has been
reinstalled and whether or not the Licensee has resumed transmissions from the Tower
Structure. After a suspension period is concluded, the City, upon request by the Licensee, shall
refund a prorated amount of any fees already paid to the City. Such repayment amount shall
represent and be in the sum of the fees that Licensee would otherwise have been obligated to
TOWER SITE LICENSE AGREEMENT Page 5 of 9
pay during the suspension period were it not for the suspension. A suspension of this License
shall not toll or otherwise alter the Term of this License.
(e) Should it at any time be determined by the City that the Tower Structure must be removed or
modified —or that the City's Property must be configured or otherwise used —in a way that
precludes Licensee's use thereof, then this License may be terminated by the City by providing
30-days written notice. This termination remedy is in addition to and cumulative of any other
termination provision in this License. In the event that the City provides such notice, then
Licensee must remove —no later than the 30'h day after such written notice —Licensee's
Property from the Tower Structure and from the City's Property. If Licensee fails to timely
remove any part of Licensee's Property, then the City may facilitate the removal of same by
any means and Licensee must in that event reimburse the City for any removal expenses.
Further, the City shall at no time be responsible for any damage to Licensee's Property.
(f) The City shall not in any manner be liable for any expense or damages whatsoever, including
without limitation consequential damages, loss of use, loss of profits, or any other costs, claims
or expenses arising out of, related (directly or indirectly) to or in connection with: (1) the
removal of any of Licensee's Property in accordance with this License; or (2) the City
suspension or termination of this License in accordance with the provisions of this License,
which shall not be considered a breach of this License.
(g) Upon termination of this License for any reason, Licensee shall remove any remaining part of
Licensee's Property from the Tower Structure and the City's Property within 60 days after the
date of termination, and shall restore the City's Property to the condition it was in on the
Commencement Date of the term of this License ordinary wear and tear excepted, all at
Licensee's sole cost and expense. Any such property which is not removed by end of said 60-
day period shall become the property of the City.
9. Insurance.
(a) Licensee shall provide Comprehensive General Liability Insurance coverage, including
premises/operations coverage, independent contractor's liability, completed operations
coverage, contractual liability coverage, and the City will be held harmless for acts of outside
vendors in a combined single limit of not less than $1,000,000 per occurrence, and $4,000,000
aggregate, and name the City as an additional insured on such policy or policies. Licensee may
satisfy this requirement by an endorsement to its underlying insurance or umbrella liability
policy.
C
Neither party shall be liable to the other (or to the other's successors or assigns) for any loss
or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance
policy, and, in the event of such insured loss, neither party's insurance company shall have a
subrogated claim against the other.
(c) Licensee shall provide to the City, prior to the Commencement Date of this License, evidence
of the required insurance in the form of a certificate of insurance issued by an insurance
company licensed to do business in the State of Texas, which includes all coverage required
above. Said certificate shall also provide that the coverage may not be cancelled, expired, or
materially changed without 30 days prior written notice to the City.
10. Adverse Medical Effect. In the event that it is established that Licensee's operation of the wireless
facility is determined to be medically related to a health problem, the City must notify Licensee of
TOWER SITE LICENSE AGREEMENT
Page 6 of 9
the related issues. In the event that Licensee causes, permits or allows such activities determined
to be medically related to a health problem to continue, the City shall have the right to immediately
terminate this License if Licensee fails to discontinue or remedy the operation within 30 days of
written notice of any such relationship.
11. Damage or Destruction of Property. If the City's Property, Tower Structure, or Antenna Facilities
are destroyed or damaged so as, in Licensee's judgment to render the site unusable as Antenna
Facilities, Licensee may elect to terminate this License upon 60 days written notice to the City. In
the event Licensee elects to terminate the License, Licensee shall be entitled to reimbursement of
any prepaid rent prorated prior to the date of termination. V, N, �
12. INDEMNIFICATION. EXCEPT FOR THE NEGLIGENT ACTS OR WILLFUL MISCONDUCT OF
THE CITY'S AGENTS OR EMPLOYEES, LICENSEE AGREES TO INDEMNIFY, DEFEND, AND
HOLD HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS,
LOSSES, EXPENSES, DEMANDS, ACTIONS, OR CAUSES OF ACTION, INCLUDING
REASONABLE ATTORNEY FEES AND OTHER RELATED COSTS AND EXPENSES OF
LITIGATION, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY THE CITY OR FOR
WHICH THE CITY MAY BE HELD LIABLE, WHICH ARISE FROM THE NEGLIGENCE, WILLFUL
MISCONDUCT, OR OTHER FAULT OF LICENSEE OR ITS EMPLOYEES, AGENTS, OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS LICENSE OR FROM THE
INSTALLATION, OPERATION, USE, MAINTENANCE, REPAIR, REMOVAL, OR PRESENCE
OF LICENSEE'S ANTENNA FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICAL
INTERFERENCE OR HEALTH PROBLEMS CAUSED BY LICENSEE'S TRANSMISSION
OPERATIONS, AND SPECIFICALLY INCLUDING THE REPRESENTATIONS AND
WARRANTIES OF PARAGRAPH 14(B) OF THIS LICENSE, AND SHALL FURTHER
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ITS COSTS AND EXPENSES,
INCLUDING BUT NOT LIMITED TO ATTORNEYS FEES, INCURRED IN ANY ATTEMPT TO
ENFORCE THIS INDEMNITY PROVISION. LICENSEE'S OBLIGATIONS TO SO INDEMNIFY,
DEFEND AND HOLD HARMLESS SHALL SURVIVE THE TERM OF THIS AGREEMENT.
13. Notices. All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, postage prepaid, certified mail, return
receipt requested to the following addresses:
41
If to the City, to:
City Manager
City of Anna
P.O. Box 776
Anna, TX 75409
If the Licensee, to:
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
Attn.: John S. Koo
61 Inverness Parkway, Suite 250
Englewood, CO 80112
4. Representations and Warranties.
TOWER SITE LICENSE AGREEMENT
Page 7 of 9
a) The City warrants that (1) it has full right, power, and authority to execute this License; and (2)
to the best of its knowledge, it has good and unencumbered title to the City's Property free and
clear of any liens or mortgages, except as may be disclosed by review of title, or has a right of
control over same for the full duration of the Term.
b) Licensee represents and warrants that its storage and use of any substance or material on the
City's Property will comply with applicable federal, state or local law or regulation and that it will
store and use said substance or material on the City's Property only if necessary for its
transmission operations. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST,
DAMAGE, AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES RELATING TO,
ARISING FROM OR DUE TO THE STORAGE OR DISCOVERY OF ANY OF THE ABOVE
REFERENCED MATERIALS THAT ARE PART OF LICENSEE'S COMMUNICATION
EQUIPMENT, EQUIPMENT ENCLOSURE, ANTENNA FACILITIES, AND ANY OTHER OF
LICENSEE'S IMPROVEMENTS AND PERSONAL PROPERTY, OR ANY COMPONENT
PARTS OR BY-PRODUCTS THEREOF IN VIOLATION OF APPLICABLE LAW.
LICENSEE'S OBLIGATIONS TO SO INDEMNIFY, DEFEND, AND HOLD HARMLESS
SHALL SURVIVE THE TERM OF THIS AGREEMENT.
15. Assignment. This License may not be sold, assigned, or transferred by Licensee without the written
consent of the City, such consent not to be unreasonably withheld.
16. Third Parties. This License is granted strictly to the Licensee and its provisions are not intended in
any manner to benefit any third party.
17. Miscellaneous.
(a) This License constitutes the entire agreement and understanding of the parties relating to
the subject matter of this License, and supersedes all offers, negotiations, and other
agreements of any kind. There are no representations or understandings of any kind not
set forth herein. Any modification of or amendment to this License must be in writing and
executed by both parties.
(b) The parties understand and agree that this is a License for use of the City's Property and
Tower Structure and is not a contract for goods or services as defined under Texas Local
Government Code § 271.151.
(c) This License shall be construed in accordance with the laws of the State of Texas.
Exclusive jurisdiction over and venue for any cognizable claim related directly or indirectly
to this License shall lie in Collin County, Texas.
(d) If any term of this License is found to be void or invalid, such invalidity shall not affect the
remaining terms of this License, which shall continue in full force and effect.
(e) Licensee waives all rights and remedies under law and equity to bring a claim or cause of
action against the City that arises out of, relates (directly or indirectly) to, or is in connection
with this License, including but not limited to any claim or cause of action available under
the Uniform Declaratory Judgment Act ("UDJA"), except that Licensee reserves the right
to seek specific performance of the City's duties under this License other than by a claim
brought under the UDJA.
TOWER SITE LICENSE AGREEMENT Page 8 of 9
(f) This License is subject to all zoning approvals and building permits.
(g) This License represents the entire and integrated agreement and all understandings
between the parties and supersedes and renders void all prior negotiations,
representations and/or agreements between the parties, either written or oral.
(h)
The Effective Date of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a
public notary. I
Ao� Nor
DULY AUTHORIZED SIGNATURES:
Philip Sanders
City Manager, City of Anna, Texas
THE STATE OF TEXAS }
COUNTY OF COLLIN }
This instrument was acknowledged before me on the day of 2015, by Philip
Sanders, City Manager, City of Anna, Texas.
Notary Public, State of Texas
AirCanopy Internet Services, Inc. d/b/a Rise Broadband
By:
Name:
Title:
THE STATE OF TEXAS }
COUNTY OF }
This instrument was acknowledged before me on the day of , 2015, by
of AirCanopy Internet Services, Inc. d/b/a Rise
Broadband.
Notary Public, State of Texas
TOWER SITE LICENSE AGREEMENT Page 9 of 9
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Property Search
Collin CAD - Property Search
Property ID: 2647352 - Tax Year:
General Information
Property ID
Property Status
Geographic ID
Property Type
Property Address
Total Land Area
Total Improvement Main Area
Abstract/Subdivision
Anna Public Works
F1 (Govt Owned City)
Anna Public Works, Lot R001, .103
Acres; State Hwy 5 Row
2016
Primary State Code
Legal Description
Entities
Taxing Entity
CAN (Anna City)
GCN (Collin County)
JCN (Collin College)
SAN (Anna ISD)
2647352
Active
R-9657-000-R001-1
Real
State Hwy #5
Anna, TX 75409
4,487 sq. ft.
n/a
Tax Rate
0.639000 (2015 Rate)
0.225000 (2015 Rate)
0.081960(2015 Rate)
1.670000 (2015 Rate)
I I 'N
Improvements r ,
Our records don't show any improvement data for Property ID
Value History
Owner Information
Owner ID
Owner Name(s)
Exemptions
13792
,JoAnna City Of
EX-XV (Other Exemptions (Including Public,
Religious, Charitable, And Other Property
Not Reported E
Percent Ownership 100.00%
Mailing Address Po Box 776
4e Anna. TX 75409-0776
2016 Value Ir}matn
Value information for Property ID 2647352 in the 2016 tax year is
unavailable. Value information for prior years may be available in
the Value History section below.
Collected By
Collin County Tax Office
Collin County Tax Office
Collin County Tax Office
Collin County Tax Office
Land Segments
Land Segment #1
State Code
Homesite
Market Value
Ag Use Value
Land Size
Undeveloped
F1 (Govt Owned City)
No
n/a
0.1030 acres
4,487 sq. ft.
Year
Improvement
Land
Market
Ag Loss
Appraised
HS Cap Loss
Assessed
2015
$0
$3,090
$3,090
$0
$3,090
$0
$3,090
2014
$0
$3,090
$3,090
$0
$3,090
$0
$3,090
2013
$0
$3,090
$3,090
$0
$3,090
$0
$3,090
2012
$0
$3,090
$3,090
$0
$3,090
$0
$3,090
http://www.collincad.org/propertysearch?prop_id=2647352&situs_street_suffiix=&isd%5B%5D=any&city%5B%5D=any&prop
type%5B%5D=R&prop_type%5.
1/2
12/4/2015
2011
Collin CAD - Property Search
$0 $3,090 $3,090 $0 $3,090
$0 $3,090
Deed History
Deed Date
Seller Buyer Instr #
Volume/Page
4#
SIB 541- Amends Section 25.027 of the Property Tax Code, effective September 1, 2005
RESTRICTION ON POSTING DETAILED IMPROVEMENT INFORMATION ON INTERNET WEBSITE: 4&N)
Information in appraisal records may not be posted on the Internet if the information is a photograph, sketch, or floor plan of an
improvement to real property that is designed primarily for use as a human residence. This section does not apply to an aerial photograph
that depicts five or more separately owned buildings.
�r
HB 394 - Amends Section 25.027 of the Property Tax Code, effective September 1, 2015
RESTRICTION ON POSTING AGE RELATED INFORMATION ON INTERNET WEBSITE:
Information in appraisal records may not be posted on the Internet if the information indicates the age of a property owner, including
information indicating that a property owner is 65 years of age or older.
r�
http://www.collincad.org/propertysearch?prop_id=2647352&situs_street_suffiix=&isd%5B%SD=any&city%5B%SD=any&prop type%5B%SD=R&prop_type%5... 2/2
View of Tower from
I — East -facing sector antenna
2 — North -facing sector antenna
3 — South -facing panel antenna
4 — Distribution Box
a
CITY OF AN NA, TEXAS
Item No. 5d
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Approve a Resolution regarding a Special Event Permit for the annual Christmas Parade.
SUMMARY:
The Greater Anna Chamber of Commerce has planned a Christmas Parade event to be
held on Saturday, December 12th, 2015. Preparation will start at approximately 9:00
a.m. with the actual parade starting at 12:00 noon. A street block request has been
submitted and approved to close Hwy 5 (Powell Pkwy) and Fourth Street (TX Dot
approval) and the approval from the Police Department and Planning & Development.
The parade starts at the Anna ISD Middle school site and proceeds southerly with Powell
Parkway to 4th Street then east on 4th Street to Sherley Street then southerly on Sherley
Street to the Anna ISD Administration Building. The attached map identifies the
proposed route.
The Park Board recommended approval of the Special Event Permit at a special meeting
held on Monday, November 23rd, 2015.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2015-12-134
(2015 GACC Christmas Parade Permit)
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND
AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND
GREATER ANNA CHAMBER OF COMMERCE FOR A SPECIAL EVENT PERMIT TO
SPONSOR A CHRISTMAS PARADE EVENT ON SATURDAY, DECEMBER 12T",
2015 ON POWELL PKWY, FOURTH STREET AND SHERLEY STREET. .0d
WHEREAS, the Greater Anna Chamber of Commerce has submitted a Special Event
Permit application to conduct a Christmas Parade on Saturday, December 12t", 2015 on
Powell Pkwy, Fourth Street and Sherley Street; and Ir
WHEREAS, the City of Anna Parks Board has reviewed the application and is
recommending that the City Council of the City of Anna, Texas (the "City Council")
approve the Special Event Permit; and
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City
shall enter into a Special Event Agreement (the "Agreement) incorporating the terms
and conditions of said permit;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council hereby approves the Special Event Permit and
authorizes the City Manager to execute and sign the Special Event Agreement attached
hereto as Exhibit 1.
PASSED by the City Council of the City of Anna, Texas, on this 8t" day of December,
2015. qk
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
EXHIBIT A
AGREEMENT FOR SPECIAL EVENT
This Agreement for Special Event ("Agreement") is made by and between the City of
Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated ("GACC")
entered into on this 8th day of December, 2015. 4V
Section 1. Scope
According to Anna City Code Ordinances, Part II, Article 47, Section 4.04, the City enters
into this Agreement with GACC for use of Powell Parkway, 4th Street, Sherley Street and
surrounding area for the Christmas Parade.
Section 2. Definitions ,&
Meanings. For purposes of this Agreement, the following meanings shall apply:
1. City shall mean the City of Anna, Texas. tog
2. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated.
3. Christmas Parade (Parade) shall mean the community event sponsored by
the GACC and associated events and activities to take place in Anna, Texas
on December 12th, 2015.
4. Powell Parkway, 4th Street, Sherley Street and surrounding area.
5. City Hall Parking Area means the parking area located at 111 North Powell
Parkway.
6. Special Event means any event that operates wholly or partially within the
incorporated City limits and may require the use of or assistance from any
department or employee of the City, or the use of any City property.
Section 3. General Requirements
3.01 Terms of Special Event Agreement
The GACC has submitted a Special Event Permit application and sought authorization for
the special event from the City of Anna Parks Board subject to entering into this
agreement with the City. Said application is attached hereto as Exhibit 1.
The Council authorizes the Special Event, subject to the following restrictions, for which
GACC will be responsible:
Parking Restrictions:
Page 1 of 6
EXHIBIT A
All parking for the event will be conducted on premises designed or adapted for parking.
Parking is to be prohibited on all public rights of way (shoulders, grass areas directly
adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof,
must be utilized to keep patrons from parking in rights of way.
If parking areas are full, Event staff must be in place to direct vehicles to open parking
areas. AW
Vehicles on City/Park Property: 01
Except for designated parking areas and other designated areas approved Nbyt
Director of Public Works, motor vehicles are prohibited from driving on City/Park
property, except on designated paved parking areas and except as otherwise stated in
this paragraph. At the discretion of the Director of Public Works motor vehicles may be
allowed on some turf areas to deliver equipment but must be immediately removed
when the delivery is complete. The City may prohibit any vehicle or trailer from driving
on turf areas if in the opinion of the Director of Public Works the ground is too wet to
support the weight of the vehicle. Except for small utility vehicles approved by the
Director of Public Works, all motor vehicles are expressly prohibited from driving on or
crossing the concrete walking trails.
The applicant will ensure that all event participants observe these rules and will be
responsible for paying for any damages to property caused by vehicles driven by
participants of this event.
Vendors and other Participants:
Vendors and other persons or businesses providing entertainment or activities for the
event may only locate on designated areas of the park that have been approved by the
Director of Public Works.
Section 4. Fees
GACC represents that it has submitted a nonrefundable permit application fee in the
amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and
will pay for any additional actual costs incurred by the City in reviewing such application
that exceeds said amount.
Page 2 of 6
EXHIBIT A
Section S. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other
costs required for the Parade and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordina
organizing and participating in the Parade.
Section 6. Independent Contractor Status/ Liability/ Indemnity 0
It is expressly understood and agreed that the City has no right of control, si
or direction over any work performed by the GACC relating in any way to the GACC's
undertaking, promoting, operating, and performance of any other activity related to the
Parade (the "Work"), including but not limited to its employees or its subcontractors,
nor does the City have any control, supervision or direction of the means, methods,
sequences, procedures, and techniques utilized to undertake, conduct, or complete any
of the Work. There shall be no joint control over the Work. The GACC agrees to fully
defend, indemnify and hold harmless the City from any claim, proceeding, cause of
action, judgment, penalty, or any other cost or expense arising or growing out of,
associated or in connection with the Work. The indemnification includes, but is not
limited to, attorney fees incurred by the City in defending itself or in enforcing this
Agreement. By entering into this Agreement, GACC waives all rights and remedies in law
or in equity except to seek enforcement of specific performance of the obligations
under this Agreement. This provision is not intended to and does not waive any of the
City's governmental immunities, including immunity from suit and liability.
Section 7. Insurance
GACC shall procure and maintain for the duration of this Agreement and the Special
Events insurance to cover claims for injuries to persons or damages to property, which
may arise from or in conjunction with the performance of the Work or in any way
related to the GACC's undertakings performed in connection with the Parade, including
but not limited to coverage for GACC, its agents, representatives, employees, or
subcontractors and Special Event participants, attendees and spectators. The insurance
policy must be a Commercial General Liability Insurance Policy with combined single
limits of liability for bodily injury and property damage of not less than $500,000 for
each occurrence if the estimated attendance of the Special Event is up to a total of
4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a
total of 5,000 persons or more. Failure of the GACC to maintain the required coverage
is a breach of this Agreement and shall not relieve GACC of any other contractual
responsibility or obligation. Each policy shall name the City as an additional insured and
provide that there will be no alteration or modification which reduces coverage in any
way prior to 30 days written notice being given to the City. A copy of a certificate of
insurance shall be filed with the City's Secretary.
Page 3 of 6
EXHIBIT A
Section 8. Amendment; Termination
This Agreement may not be amended or terminated except pursuant to a written
instrument signed by both parties.
Page 4 of 6
EXHIBIT A
Section 9. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via
U.S. certified mail, return receipt requested, at the addresses listed below:
City of Anna
Carrie L. Smith, City Secretary
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Sara Cox, , GACC President
218 W Fourth St
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any
information listed in this section.
Section 10. No Waiver of Immunity
14
nge in the
Nothing in this Agreement waives any governmental immunity available to the City
under Texas law. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and
GACC and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
both parties. of 1% 110,
Section 12. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation
and performance. Any and all legal action necessary to enforce this Agreement shall be
brought in a court of competent jurisdiction in Collin County, Texas or in the United
States District Court for the Eastern District of Texas, Sherman Division.
Page 5 of 6
EXHIBIT A
Section 13. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be
contrary to the law, or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of this Agreement. j
Section 14. Contract Interpretation 01 Nk
This Agreement is the result of negotiation between the parties, and shall, in the event
of any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute. 4W
Section 15. Force Majeure r
If a party is prevented or delayed from performing any of its obligations hereunder due
to a natural or manmade event or condition not caused by such party and beyond such
party's reasonable control, then such party's performance of those obligations shall be
suspended until such time as the event or condition no longer prevents or delays
performance. If any event or condition results in the creation of amounts of refuse in
excess of ordinary amounts, then the parties shall discuss, but shall not be bound to
conclude, terms and conditions for collection of those excess amounts.
Section 16. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights
and duties under the terms of this Agreement without the prior written approval of the
City. t
Section 17. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of
this Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, City and GACC have executed this Agreement.
Sara Cox, GACC President Philip Sanders
Greater Anna Chamber of Commerce City Manager
Page 6 of 6
SPECIAL EVENT PERMIT APPLICATION
Planning and Developm
Appli ation Fee $50 (non-refundable Deposit $300 (refundable)
ame Information As Above if not the same, complete the next two lines)
Issue Deposit Refund To:
Address: City: State: Zip Code
Date(s) of Activi
Reservation Time Block:
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-Type of Activity (explain purpose of acttvi ): It 'C �; �r•
Estimated Number of People Attending Activity:
Reservation n: C/Ze- Del78
Will Food and/or Beverages be on -site for the ctivit ? es ❑ No
Will Alcohol be served or sold? ❑ Yes DNo if yes, include request letter
If yes, please indicate who the vendors are (food, n rinks): er .4�� --
Y)G/ Gee ��
Please identify all other activities & structures (bounce house, tents, music, sports, games, etc.):
A
*It City Resources (Personnel, equipment and supplies) are used, the cost of Resources will be covered by the
event sponsor.
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CITY OF AN NA, TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action on a Resolution instituting Annexation proceedings, and setting
the dates, times, and places for public hearings for the voluntary annexation of a 21.4
acre tract of land located in the Hiram Brinlee Survey, Abstract No. 30 (St. Charles Apts.
Inc., owner) a 47.6 acre tract of land located in the John Chambers Survey, Abstract No.
223 and the Samuel Craft Survey, Abstract No. 165 (Bhagat Holdings Ltd., owner) a 15
acre tract located in the Jonathan Douthit Survey, Abstract No. 251 (McGuffey Living
Trust, owner) a 18.53 acre tract of land located in the William Kitchings Survey, Abstract
No. A0505 and the W E Throckmorton Survey, Abstract No. A0899 (Anna Outer Loop Ltd,
owner formerly the Seminole 20 Ltd.) and a 15.4 acre tract of land located in the W E
Throckmorton Survey, Abstract No. A0899 (Stewart William & Nora Steward, owners).
SUMMARY:
In November of 2010 the City Council accepted and approved non -annexation
development agreements with Charles Apts. Inc. on 21.4 acres of Land, the Bhagat
Holdings Ltd on 47.6 acres of land, the McGuffey Living Trust on 15 acres of land, the Anna
Outer Loop Ltd on 18.53 acres of Land and William & Nora Stewart on 15.4 acres of land.
The properties owned by the Stewarts and the Anna Outer Loop Ltd. are located at the
northeast corner of US 75 and the Collin County Outer Loop). The properties owned by
Charles Apts. Inc. and Bhagat Holdings Ltd. are located on the south side of SH 121, and
the property owned by McGuffey Living Trust is located at the northwest corner of FM
545 and FM 2862.
The agreements with Charles Apts. Inc., Bhagat Holdings Ltd., and William and Nora
Stewart expired in 2011 and the agreements with Anna Outer Loop Ltd (Seminole 20 Ltd.)
and McGuffey Living Trust expire in December of this year. Per the terms of the
agreements, the respective owner are deemed to have properly filed with the City a
petition consenting to voluntary annexation of the respective properties to be completed
upon or after the end of the term.
It is the recommendation of the Staff that the City Council act on these agreements to
ensure protection of land uses adjacent to Hwy 75 north of Collin County Outer Loop, and
the Sam Rayburn Memorial Highway. Approval of this resolution would establish a
schedule for public hearings to be conducted on January 12th and January 26t" on the
annexation of each tract. If approved, Staff will send out a notice to the property owners
30 days in advance of the first public hearing as required in state law.
STAFF RECOMMENDATION:
Staff recommends approval of the attached resolution.
CITY OF ANNA
RESOLUTION NO.
(Public Hearing Schedule for Voluntary Annexation)
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC
HEARINGS FOR THE VOLUNTARY ANNEXATION OF A 21.4 ACRE TRACT OF
LAND LOCATED IN THE HIRAM BRINLEE SURVEY, ABSTRACT NO. 30; A 47.6
ACRE TRACT OF LAND LOCATED IN THE JOHN CHAMBERS SURVEY,
ABSTRACT NO. 223 AND THE SAMUEL CRAFT SURVEY, ABSTRACT NO. 165; A
15 ACRE TRACT OF LAND LOCATED IN THE JONATHAN DOUTHIT SURVEY,
ABSTRACT NO. 251; AN 18.53 ACRE TRACT OF LAND IN THE WILLIAM
KITCHINGS SURVEY, ABSTRACT NO. A0505 AND THE W E THROCKMORTON
SURVEY, ABSTRACT NO. A0899; AND A 15.4 ACRE TRACT OF LAND IN THE W E
THROCKMORTON SURVEY, ABSTRACT NO. A0899.
WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna,
the City Council of the City of Anna, Texas ("City Council") intends to consider
annexation of certain properties located in the city's extraterritorial jurisdiction; and
WHEREAS, said properties are located adjacent or contiguous to the present
boundaries of the City of Anna, Texas;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1.
The City Council hereby proposes to consider the annexation of the following: a 21.4
acre tract of land located in the Hiram Brinlee Survey, Abstract No. 30, further described
and depicted in Exhibit A attached hereto; a 47.6 acre tract of land located in the John
Chambers Survey, Abstract No. 223 and the Samuel Craft Survey, Abstract No. 165,
further described and depicted in Exhibit B attached hereto; and a 15 acre tract of land
located in the Jonathan Douthit Survey, Abstract No. 251 further described and depicted
in Exhibit C attached hereto; an 18.53 acre tract of land located in the William Kitchings
Survey, Abstract No. A0505 and the W E Throckmorton Survey, Abstract A0899 further
described and depicted in Exhibit D attached hereto; a 15.4 acre tract of land located in
the W E Throckmorton Survey, Abstract No.A0899, further described and depicted in
Exhibit E attached hereto
Section 2.
Public hearings regarding the proposed annexation of the properties described and
referenced in Section 1 are hereby scheduled as follows:
1st Public Hearing — January 12t", 2016, at 7:30 p.m. at the Community Room, Anna
City Hall Administration Building, 111 N. Powell Pkwy, Anna, TX
2nd Public Hearing — January 26t", 2016, at 7:30 p.m. at the Community Room, Anna
City Hall Administration Building, 111 N. Powell Pkwy, Anna, TX
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8t"
day of December 2015.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mike Crist, Mayor
Res No. 2015-12-135
(Public Hearing Schedule for Voluntary Annexation)
2
EXHIBIT A
Location — East of Sam Rayburn Memorial Hwy at Collin County Outer Loop
EXHIBIT B
Location — East of Sam Rayburn Memorial Hwy and east of FM 2862
EXHIBIT C
Location — Northwest corner of the intersection of FM 2862 and FM 545
0111MI
EXHIBIT D
Location — Northeast corner of the intersection of US 75 and Collin County Outer Loop
EXHIBIT E
Location — Northeast corner of the intersection of US 75 and Collin County Outer Loop
CITY OF ANNA, TEXAS
Item No. 7a.
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8,2015
Staff Contact: Clayton Fulton
Exhibits: No
AGENDA SUBJECT:
Conduct a Public Hearing regarding the creation of the Villages of Hurricane Creek Tax
Increment Reinvestment Zone
SUMMARY:
The City Council scheduled November 10, 2015 at 7:30 p.m. as the date and time for the
public hearing on the creation of the Villages of hurricane Creek Tax Reinvestment Zone
(TIRZ). That hearing was held open until December 8, 2015 at 7:30 p.m.
STAFF RECOMMENDATION:
None
CITY OF ANNA, TEXAS
Item No. 7b.
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve an Ordinance creating the Villages of Hurricane Creek Tax Reinvestment Zone
(TIRZ).
SUMMARY:
In February 2015, the City Council approved the Villages of Hurricane Creek (VHC)
subdivision improvement agreement (SIA). The agreement replaced a previous facilities
agreement adopted in 2004.
Among other things, the SIA authorized the creation of a public improvement district
(PID), the creation of a tax increment reinvestment zone (TIRZ), and bound the developer
(Centurion American) to certain performance standards and dedication of property to the
City for park land and a future fire station.
The PID has been created and the attached ordinance would create the TIRZ. The TIRZ
will be coterminous with and support the PID. Included with the creation of the TIRZ is
the preliminary TIRZ plan. Staff has been working with our financial advisors and a
consultant to create the plan. The attached plan mirrors the requirements for the TIRZ
as set forth in the SIA. The Council will appoint a TIRZ board (in a separate meeting) to
manage the TIRZ. Initially the TIRZ board will review the TIRZ plan and submit to the
Council for final approval. There are still opportunities for Council and staff to make any
necessary adjustments to the TIRZ plan before it is finalized.
The SIA required the TIRZ to be created in 2015. By creating the TIRZ now, tax year 2015
is established as the baseline value of the property. As property in the TIRZ is developed
and increases in value beyond the baseline year, a portion of the new property tax
revenue will be reinvested into the TIRZ. The TIRZ proceeds will be used to support the
PID bonds that will be issued to construct major off -site and on -site infrastructure
required to service the property in the TIRZ.
The preliminary TIRZ plan sets forth following requirements of the TIRZ:
Limit TIRZ proceeds to 50% of the new property tax revenue generated in the TIRZ
Establish a 30 year limit to the TIRZ
Limit TIRZ funded projects to $7.4 million
Calculate TIRZ credits on a parcel by parcel basis
Other than funds generated by the TIRZ, the City of Anna will not be obligated to use City
funds to pay for PID bonds issued for the Villages of Hurricane Creek development.
STAFF RECOMMENDATION:
Approve the ordinance creating the TIRZ.
CITY OF ANNA, TEXAS
Item No. 7b.
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Clayton Fulton
Exhibits: Yes
AGENDA SUBJECT:
Approve an Ordinance creating the Villages of Hurricane Creek Tax Reinvestment Zone
(TIRZ).
SUMMARY:
In February 2015, the City Council approved the Villages of Hurricane Creek (VHC)
subdivision improvement agreement (SIA). The agreement replaced a previous facilities
agreement adopted in 2004.
Among other things, the SIA authorized the creation of a public improvement district
(PID), the creation of a tax increment reinvestment zone (TIRZ), and bound the developer
(Centurion American) to certain performance standards and dedication of property to the
City for park land and a future fire station.
The PID has been created and the attached ordinance would create the TIRZ. The TIRZ
will be coterminous with and support the PID. Included with the creation of the TIRZ is
the preliminary TIRZ plan. Staff has been working with our financial advisors and a
consultant to create the plan. The attached plan mirrors the requirements for the TIRZ
as set forth in the SIA. The Council will appoint a TIRZ board (in a separate meeting) to
manage the TIRZ. Initially the TIRZ board will review the TIRZ plan and submit to the
Council for final approval. There are still opportunities for Council and staff to make any
necessary adjustments to the TIRZ plan before it is finalized.
The SIA required the TIRZ to be created in 2015. By creating the TIRZ now, tax year 2015
is established as the baseline value of the property. As property in the TIRZ is developed
and increases in value beyond the baseline year, a portion of the new property tax
revenue will be reinvested into the TIRZ. The TIRZ proceeds will be used to support the
PID bonds that will be issued to construct major off -site and on -site infrastructure
required to service the property in the TIRZ.
The preliminary TIRZ plan sets forth following requirements of the TIRZ:
Limit TIRZ proceeds to 50% of the new property tax revenue generated in the TIRZ
Establish a 30 year limit to the TIRZ
Limit TIRZ funded projects to $7.4 million
Calculate TIRZ credits on a parcel by parcel basis
Other than funds generated by the TIRZ, the City of Anna will not be obligated to use City
funds to pay for PID bonds issued for the Villages of Hurricane Creek development.
STAFF RECOMMENDATION:
Approve the ordinance creating the TIRZ.
CITY OF ANNA
ORDINANCE NO. 2015-708
(Villages of Hurricane Creek TIRZ)
AN ORDINANCE DESIGNATING A CERTAIN AREA AS TAX INCREMENT REINVESTMENT
ZONE NUMBER ONE, CITY OF ANNA, TEXAS, ESTABLISHING A BOARD OF DIRECTORS
FOR SUCH REINVESTMENT ZONE, MAKING CERTAIN FINDINGS, AND OTHER MATTERS
RELATED THERETO.
WHEREAS, the City Council of the City of Anna, Texas, (the "City"), desires to promote -
the development of a certain contiguous geographic area within its jurisdiction by the creation of
a reinvestment zone, as authorized by the Tax Increment Financing Act, Chapter 311 of the
Texas Tax Code (the "Act"); and
WHEREAS, in compliance with the Act, the City has called a public hearing to hear
public comments on the creation of the proposed reinvestment zone and its benefits to the City
and the property in the proposed reinvestment zone; and
WHEREAS, in compliance with the Act, notice of such public hearing was published on
October 29, 2015, in the Anna Melissa Tribune, the designated paper of general circulation for
City notices, such publication date being not later than seven (7) days prior to the date of the
public hearing; and
WHEREAS, such hearing was convened at the time and place mentioned in the
published notice, to wit, on November 10, 2015 at 7:30 p.m. in the City Hall of the City of Anna,
Texas, which hearing was then held open and continued to December 8, 2015 at 7:30 p.m. in
the City Hall of the City of Anna, Texas, which hearing was then closed; and
WHEREAS, the City, at said hearings, invited any interested person, or his attorney, to
appear and speak for or against the creation of the reinvestment zone, the boundaries of the
proposed reinvestment zone, whether all or part of the territory which is described and attached
hereto as Exhibit "A" and depicted on the map attached hereto as Exhibit "B" should be included
in such proposed reinvestment zone, the concept of tax increment financing and the
appointment of a board of directors of the proposed reinvestment zone; and
WHEREAS, all owners of property located within the proposed reinvestment zone and
all other taxing units and other interested persons were given a reasonable opportunity at such
public hearing to protest the creation of the proposed reinvestment zone and/or the inclusion of
their property in such reinvestment zone; and
WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and
documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment
zone, and opponents, if any, of the reinvestment zone appeared to contest creation of the zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1: That the facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct and are incorporated herein by reference.
SECTION 2: That the City Council, after conducting such hearing and having heard
such evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
a) That the public hearing on adoption of the reinvestment zone has been properly
called, held and conducted and that notice of such hearing has been published as
required by law.
b) That creation of the proposed reinvestment zone with boundaries as described in
Exhibits "A" and "B" will result in benefits to the City, its residents and property
owners, in general, and to the property, residents and property owners in the
reinvestment zone.
c) That the reinvestment zone, as defined in Exhibits "A" and "B", meets the criteria for
the creation of a reinvestment zone set forth in the Act in that:
1. It is a contiguous geographic area located wholly within the corporate limits of
the City.
2. The area is predominately open, undeveloped or underdeveloped, and lack of
necessary public improvements impairs growth.
d) That 30 percent or less of the property in the proposed reinvestment zone, excluding
property dedicated to public use, is used for residential purposes, which is defined in
the Act as any property occupied by a house which has less than five living units.
e) That the total appraised value of all taxable real property in the proposed
reinvestment zone according to the most recent appraisal rolls of the City, together
with the total appraised value of taxable real property in all other existing
reinvestment zones within the City, according to the most recent appraisal rolls of the
City, does not exceed 50 percent of the current total appraised value of taxable real
property in the City and in the industrial districts created by the City, if any.
f) That the proposed reinvestment zone does not contain more than 50 percent of the
total appraised value of real property taxable by a county or school district.
g) That the improvements in the reinvestment zone will significantly enhance the value
of all taxable real property in the reinvestment zone.
h) That the development or redevelopment of the property in the proposed
reinvestment zone will not occur solely through private investment in the reasonable
foreseeable future.
SECTION 3: That the City hereby creates a reinvestment zone over the area described
in Exhibit "A" attached hereto and depicted in the map attached hereto as Exhibit "B" and
such reinvestment zone shall hereafter be identified as Tax Increment Reinvestment
Zone Number One, City of Anna, Texas (the "Zone" or "Reinvestment Zone").
SECTION 4: That there is hereby established a board of directors for the Zone that shall
consist of seven members. The board of directors of the Reinvestment Zone shall be
appointed as follows:
a) Seven members shall be appointed by the City Council of the City of Anna and one
member may be appointed by the Collin County Commissioners Court at such time
as Collin County may duly act to participate in the zone. The initial board of directors
shall be appointed by resolution within sixty (60) days of the passage of this
ordinance or within a reasonable time thereafter. All members appointed to the
board shall meet the eligibility requirements set forth in the Act. At this time
governing bodies of other taxing units that levy taxes on real property in Tax
Increment Financing Reinvestment Zone Number One have chosen not to pay any of
their taxes into the Tax Increment Fund and have waived their right to appoint board
members.
b) The terms of the board members shall be two-year terms. The City Council shall
designate a member of the board to serve as chairman and other officers as it sees
fit.
c) The board of directors shall make recommendations to the City Council concerning
the administration of the Zone. It shall prepare and adopt a project plan and
reinvestment zone financing plan for the Zone and must submit such plans to the
City Council for its approval. The Board of directors shall possess all powers
necessary to prepare, implement and monitor such project plan and financing plan
for the reinvestment zone as the City Council considers advisable, including the
submission of an annual report on the status of the Zone.
SECTION 5: The termination of the Zone shall occur on December 31, 2046, or at an
earlier time designated by subsequent ordinance of the City Council in the event the City
determines that the Zone should be terminated due to insufficient private investment,
accelerated private investment or other good cause, or at such time as all project costs
and tax increment bonds, if any, and the interest thereon, have been paid in full. Any
statutory or equitable right to terminate the Zone at any earlier date or to extend the term
is hereby reserved. Notwithstanding the foregoing, the termination of the Zone shall
occur at the earlier of any of the times set forth above in this section or at the time when
the Maximum TIRZ Contribution has been satisfied. For purposes of this section, the
term "Maximum TIRZ Contribution" has the same meaning as set forth in Article II of the
Villages of Hurricane Creek Subdivision Improvement Agreement, an agreement
originally entered into between the City and Villages of Hurricane Creek, LP, a Texas
limited partnership, Don Collins, an individual, Ted. K. Tedford, and individual, and Steve
Cameron, an individual, and having an effective date of March 11, 2015.
SECTION 6: That the Tax Increment Base for the Zone, which is the total taxable value
of all real property located in the Zone, is to be determined as of January 1, 2015, the
year in which the Zone was designated a reinvestment zone.
SECTION 7: That there is hereby created and established a Tax Increment Fund for the
Zone which may be divided into such subaccounts as may be authorized by subsequent
resolution or ordinance, into which all Tax Increments, less any of the amounts not
required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited.
The Tax Increment Fund and any subaccounts are to be maintained in an account at the
City Treasurer's affiliated depository bank of the City and shall be secured in the manner
prescribed by law for funds of Texas cities. In addition, all revenues from the sale of any
tax increment bonds and notes hereafter issued by the City, revenues from the sale of
any property acquired as part of the tax increment financing plan and other revenues to
be dedicated to and used in the Zone shall be deposited into such fund or subaccount
from which monies will be disbursed to pay project costs for the Zone or to satisfy the
claims of holders of tax increment bonds or other bonds or obligations issued for the
Zone. The first priority for the expenditure of Tax Increments shall be to pay for 41
administrative costs incurred in the creation and operation of the zone, including but not
limited to reimbursement to the City and/or its development corporations for eligible
expenditures.
SECTION 8: That if any section, paragraph, clause or provision of this Ordinance shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of,
such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 9: This Ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
SECTION 10: That it is hereby officially found and determined that the meeting at which
this ordinance was passed was open to the public as required by law, and that public
notice of the time, place, and purpose of said meeting was given all as required by
Section 551.041, Texas Government Code.
PASSED by the City Council of the City of Anna, Texas this 81" day of December 2015.
APPROVED
Mike Crist, Mayor
ATTEST:
iy
Carrie L. Smith, City Secretary
Draft
CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE NO. _
PRELIMINARY PROJECT AND FINANCING PLAN
December 3, 2015
MuniCap, Inc V1.2.1
Draft
CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE No. _
PRELIMINARY PROJECT AND FINANCING PLAN
Table of Contents
I Executive Summary 1
II Assessment and Tax Collection Procedures 3
III Historical Appreciation in Taxable Values 9
IV Project Plan 11
V Financing Plan 14
VI Assumptions and Limitations 22
List of Appendix
Appendix A - Maps
Appendix B — Estimated Project Costs
Appendix C - Bond Debt Service Schedule
Appendix D — Projected Absorption
Appendix E — Projected Assessed Values
Appendix F — Projected Incremental Real Estate Taxes
Appendix G — Development Standards
MuniCap, Inc V1.2.1
Draft
I. Executive Summary
PURPOSE OF TIRZ PROJECT AND FINANCING PLAN
The purpose of this plan is to provide estimates of real property tax increment revenues resulting
from the proposed Villages of Hurricane Creek development (the "Development") and
available to offset assessments to be levied for repaying bonds to be issued by the City of
Anna, Texas (the "City"). In particular, the study provides estimates of future real property tax
increment revenues generated by the property within the City of Anna Tax Increment
Reinvestment Zone No. _ (the "TIRZ").
As real property taxes are generated on an ad valorem basis from assessed values, it is first
necessary to estimate the future assessed value resulting from the TIRZ. This plan provides
assessed value information based on the following:
• The development is completed as proposed by CADG Hurricane Creek, LLC (the
"Developer");
• The units are sold according to the development pace estimated by the Developer, as
summarized in subsequent sections of this report;
• Property values are projected to increase at 1.89 percent annual rate of inflation through
estimated build out in 2026 as calculated based on the ten-year average growth rate of annual
average single family home prices between 2006 and 2015; and
• The real property tax rate remains static at the fiscal year 2015 level in future years.
ORGANIZATION OF TIRZ PLAN
This plan begins with a discussion of the assessment and tax collection procedures within the
City. Following this discussion is an analysis of historic appreciation of taxable values within
the City. The report continues with a project plan that includes a narrative description of the
TIRZ. Next, an account of the proposed development within the TIRZ, including an estimate of
the projected market and assessed values for the proposed properties, is provided.
The report continues with a calculation of real property tax increment revenues based on the
estimated assessed values in preceding sections of the report. Finally, the report provides
comprehensive projections of all estimated available revenue created by the TIRZ and shows the
estimated debt service coverage generated by this revenue.
RESULTS
In summary, the TIRZ financing analysis indicates that, assuming 1.89 percent annual inflation
through estimated buildout in 2026, the TIRZ is estimated to have an incremental value of
$264,349,727 million at the time of completion of all phases in 2026.
Table I -A provides the projected total and incremental assessed value for the District after the
projected build -out in 2026. Refer to Appendices E and F, attached hereto, for more information
on the projected incremental value for each year.
1
Draft
TABLE I -A
Projected Assessed Values
Year
Projected Value
Base Value'
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
1 - The base value of $2,455,530 represents the 2015market value shown in CAD records.
The assessed values displayed in Table I -A are the basis for estimating incremental real
property taxes. The projected incremental taxes are shown in Table I-B. The project is
anticipated to be fully built out in calendar year 2026 and the related incremental taxes will
become fully available starting 2027.
TABLE I-B
Projected Incremental Taxes
Annual Incremental
Taxes at Build -out
Total Incremental
Taxes through 2045
$1,673,504
$39,730,436
Refer to Appendix F for projected tax increment revenues for each year. Estimates of annual debt
service coverage are included in Appendix C of this report.
The financing plan for the public improvements contemplates the issuance of special revenue
bonds by the City secured by special assessments on property within the Villages of Hurricane
Creek Public Improvement District ("PID Assessments"). The bonds secured by the PID
Assessments are referred to as the "PID Bonds" and are estimated to total $17,000,000 in bond
par amounts.
The TIRZ Project Costs represent a portion of the total public improvements to be funded with
the PID Bonds. As a result, real property tax increment revenues are intended to pay an equivalent
portion the debt service on the PID Bonds and will be applied as discussed more fully in PID
Service and Assessment Plan.
2
Draft
IL Assessment and Tax Collection Procedures
ASSESSMENT PROCEDURES
Overview
Pursuant to Texas Tax Code, all taxable property is appraised at its market value as of January 1
of each year. Each County in Texas is served by an appraisal district, which determines the value
of all of the county's taxable property. Generally, local governments that collect property taxes,
such as counties, cities and school districts, are members of the appraisal district.
Methodology
The appraisal districts use different valuation methods depending on property type and
circumstances. A brief description of these methods follows.
Cost Approach — As the name implies, the cost approach values property on the basis of the
costs of development. The value of a structure is determined by estimating the cost to replace
the building with a new structure and then subtracting depreciation. This method assumes the
cost of replacing the existing building plus the value of the land equals market value. The steps
in applying the cost approach include:
• Estimating the site value (land and site improvements) through review of comparable
sales;
• Estimating the cost of replacing the existing building with one of similar usefulness
(reflecting current building design and materials); and
• Deducting all sources of depreciation, including physical deterioration ("wear and tear"
on a building) and functional and economic obsolescence. Functional obsolescence is the
reduced ability of the building to perform the function it was originally designed and built
for. Economic obsolescence refers to external forces that affect the ability of the building
to continue to perform, such as changes in transportation corridors and new types of
building design demanded by the market.
The cost approach is relied upon most often when the property being appraised is new or nearly
new and income is not yet stabilized, where there are no comparable sales, or where the
improvements are relatively unique or specialized.
Market Data Comparison Approach — The market data comparison approach is based on the
premise that the value of a specific property is set by the price an informed purchaser would pay
for a comparable property, offering similar desirability and usefulness. For instance, if recent
sales of condominium units within the same building indicate an increase in market values, all
assessed values for condominiums in the building will be reassessed to reflect this increase in
market value. This requires an understanding and comparison of market variables, such as
location, property size, physical features and economic factors. The process of identifying and
analyzing comparable property sales is repeated until a satisfactory range of value indicators for
the subject property is established and a final estimate of value is possible. The limitations of the
sales comparison approach are that it requires recent sales data for similar properties. The
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sales comparison approach is relied upon most often for appraising the sale of residential property
and is most likely to be relevant for the proposed residential development in the TIRZ.
According to the Collin Central Appraisal District ("CAD"), properties developed in new
subdivisions are typically appraised based on the sales price of the new homes developed in the
subdivisions using a market comparison approach to value.
Income Approach — The income approach to value is based on the premise that the value of a
property is directly related to the income it will generate. The appraisal districts analyze both
the property's ability to produce future income and its expenses, and based on projected
new income, estimates the property's value. The appraiser develops a capitalization rate by
analyzing the sales of similar income properties and determining the relationship between the sale
price and net income.
The steps in applying the income capitalization approach are to determine the stabilized, net -
operating income by:
• Estimating potential gross income from all sources;
• Deducting an allowance for vacancy and bad debts; and
• Deducting all direct and indirect operating expenses.
The resulting net operating income is capitalized by a market rate, which reflects the property
type and effective date of valuation to produce an estimate of overall property value.
To determine the effective gross income, the appraiser estimates market rents by analyzing
rents, both within the property being assessed and in comparable properties in the neighborhood,
and making an allowance for vacancy and collection loss. Net operating income is estimated by
deducting operating expenses.
The appraiser typically determines the capitalization rate by analyzing sales (comparing net
operating income to sale price) in the same market for similar properties to determine
the ratio of net operating income to sales price. The capitalization rate will vary depending on
the attractiveness of a property as an investment, income risks and physical factors, among other
factors. In the absence of sufficient sales data, the appraisal districts may use standard industry
rates as generated by other sources to determine cap rates.
The income approach is relied upon most often when appraising properties that produce a rental
income from single or multiple tenants. The capitalized value of the income stream provides an
estimate of the market value of the property (land and improvements).
An appraisal district may use any of the three common methods to value property. The
legislature also authorizes appraisal districts to use a method called mass appraisal to calculate
the value of a large number of similar properties. According to Section 23.01(b) of the Texas
Property Tax Code:
if the appraisal district determines the appraised value of a property using mass appraisal
standards, the mass appraisal standards must comply with the Uniform Standards of
Professional Appraisal Practice. The same or similar appraisal methods and techniques shall
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be used in appraising the same or similar kinds of property. However, each property shall be
appraised based upon the individual characteristics that affect the property's market value,
and all available evidence that is specific to the value of the property shall be taken into
account in determining the property's market value.
Appeals
According to the CAD, property owners may utilize the CAD appeal procedures if they have a
concern about:
• the market or appraised value of the property;
• unequal appraisal of the property compared to other properties;
• the inclusion of the property on the appraisal roll;
• any exemptions that may apply to the property owner;
• the qualification for an agricultural or timber appraisal;
• the taxable status of the property;
• the local governments which should be taxing the property;
• the ownership of property;
• a change of use of land receiving special appraisal;
• any action taken by the chief appraiser, CAD or Appraisal Review Board ("ARB") that
applies to and adversely affects the property.
If property owners cannot resolve their concern informally with the CAD staff, they may have
their cases heard by the ARB. The ARB is an independent board of citizens that review problems
with appraisals or other concerns listed above. It has the power to order the CAD to make the
necessary changes to solve problems. If a property owner files a written request for an ARB
hearing (called a notice of protest) on or before May 31 (or 30 days after the notice of appraised
value was mailed to the property owner, whichever is later), the ARB will set the case for a
hearing. The property owner will receive written notice of the time, date, and place of the
hearing. After it decides the case, the ARB must send them a copy of its order by certified mail.
If the property owner is not satisfied with the decision, it has the right to appeal. If it chooses to
go to court, the property owner must start the process by filing a petition within 60 days of
the date it receives the ARB's order. In certain cases, as an alternative to filing an appeal in
district court, the property owner may file not later than the 45th day after it receives notice of
the ARB order a request for binding arbitration with the CAD. In certain cases originating in
certain counties, as an alternative to filing an appeal in district court, the property owner may
appeal to the State Office of Administrative Hearings (SOAH). An appeal to SOAH is initiated
by not later than the 30th day after the property owner receives notice of the ARB's order by
filing with the chief appraiser of the CAD a notice of appeal. CAD also takes a similar approach.
TAXATION PROCEDURES
Timeline
The assessment and property tax process for each tax year includes the following steps:
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Dates Event
January 1 CADs are required to appraise property on this date. A lien attaches to
each taxable property to ensure property tax payment.
January 1 - April 30 CAD completes appraisals and processes applications for exemptions.
April - May Appraisal districts send notices of appraised value.
May 1 Appraisal review board begins hearing protests from property owners.
July 1 Local taxing units may impose additional penalties for legal costs related
to collecting unpaid taxes.
August - September Local taxing units adopt tax rates.
October 1 Local taxing units (or county tax assessor -collector, acting on their
behalf) begin sending tax bills to property owners.
January 31 Taxes due to local taxing units (or county tax assessor -collector, if acting
on their behalf).
February 1 Local taxing units begin charging penalty and interest for unpaid tax
bills.
Penalties and Interest
According to the Collin County Tax Collector's offices, If taxes are not paid by January 31St,
penalties and interest will accrue are follows:
If tax paid in:
Penalty
_
Interest _
Total
February
6%
+
1%
= 7%
March
7%
+
2%
= 9%
April
8%
+
3%
= 11%
May
9%
+
4%
= 13%
June
10%
+
5%
= 15%
July
12%
+
6%
= 18%
Penalties reach a maximum of 12% and interest of 1% is added each month after the due date. All
real property accounts not paid in full by June 30th of the year in which they become delinquent
will be referred to the delinquent tax attorney for enforced collection and will incur an additional
penalty equal to 15% - 20% of the total taxes, penalties, and interest due.
Historical Levy and Collection Summary
According to City records, on average 97 percent of real property taxes were paid within the
fiscal year they were levied from 2006 to 2014, as shown below in Table II -A.
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TABLE II -A
Summary of Levy and collections
Year
Total Tax
Levy'
Collected within the
Fiscal Year of the Levy
Amount' Percentage
Collections
in
subsequent
Years2
2006
$1,186,370
$1,132,491
95.46%
$53,879
2007
$1,541,817
$1,494,560
96.93%
$47,257
2008
$2,038,288
$1,963,103
96.31 %
$75,185
2009
$2,247,895
$2,189,575
97.41%
$58,320
2010
$2,407,914
$2,344,075
97.35%
$63,839
2011
$2,418,445
$2,340,959
96.80%
$77,486
2012
$2,346,442
$2,275,419
96.97%
$71,023
2013
$2,483,857
$2,436,406
98.09%
$47,451
2014
$2,807,140
$2,757,013
98.21%
$50,127
Source: City of Anna audited financial statements
1— Amounts reported as property tax revenue in the city audited financial statements.
2 — Amounts reported as property taxes receivable as of the end of each year.
3 — Amounts calculated as the difference between property tax revenues and property taxes
receivable as of the end of each fiscal year.
Tax Sale
According to the Collin County Tax Collector's website, tax sales are held once orders of sale are
issued from the district courts in reference to tax judgments for delinquent taxes. Real property
being sold as a result of a foreclosure to satisfy delinquent taxes is required by Texas law to be
sold on the first Tuesday of the month. All counties have sales on the same day.
Tax Rates
Tax rates are set on an annual basis by the City. For fiscal year 2015, the real property tax rate in
the City is $0.639000 per $100 of assessed value.
City tax rates have fluctuated in past years. It is likely that the tax rate will continue to change
overtime; for purposes of this study, however, it is assumed that the tax rate will remain at its
current level in future years. The City intends to apply approximately 50 percent of the
incremental taxes generated from the development of the property in the PID, which property is
also contained in the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the
improvements referenced in this Project and Finance Plan.
Table II-B provides historical tax rates in the City from fiscal years 2006 to 2015.
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TABLE II-B
City of Anna Historical Tax Rates 2006-2015
Tax Year
City Tax Rate Per $100
Assessed Value
2006
$0.525000
2007
$0.575000
2008
$0.575000
2009
$0.622733
2010
$0.650332
2011
$0.650332
2012
$0.650332
2013
$0.650332
2014
$0.649000
2015
$0.639000
Source: CAD historical tax rates summary
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III. Historical Appreciation in Taxable Values
Property values typically appreciate over time. The City total taxable assessed value (TAV)
information from 2006 to 2015, as shown in the CAD certified totals for tax years 2006 through
2015, indicate that the aggregate TAV for single family homes has increased from year to year
except in 2010 through 2012.
Table III -A shows the average annual appreciation of assessed values in the City from 2006 to
2015. The percentage growth in any given year indicates the appreciation over the prior year and is
not cumulative.
TABLE I11-A
Historical Appreciation in Values
Year
Single
Family (SF)
Homes TAV
New
construction
SF Homes
TAV
Net Existing
SF Homes
TAV
Growth %
Total SF
Homes
Average
Home
Value
Growth %
2006
$199,527,259
$31,604,670
$167,922,589
1984
$100,568
2007
$263,024,626
$28,471,493
$234,553,133
18.19%
2287
$115,009
6.94%
2008
$296,002,445
$11,862,915
$284,139,530
10.06%
2488
$118,972
1.71%
2009
$295,837,682
$5,897,500
$289,940,182
1.02%
2584
$114,488
-1.90%
2010
$288,215,832
$979,167
$287,236,665
-0.47%
2615
$1109216
-1.88%
2011
$282,164,842
$899,486
$281,265,356
-1.04%
2653
$106,357
-1.77%
2012
$287,226,986
$6,014,449
$281,212,537
-0.01%
2859
$100,464
-2.81%
2013
$331,222,971
$21,688,228
$309,534,743
4.91%
3126
$105,957
2.70%
2014
$419,875,700
$30,278,959
$389,596,741
12.19%
3483
$120,550
6.66%
2015
$509,719,967
$36,441,651
$473,278,316
10.22%
3666
$139,040
7.40%
10-Yr Averages
6.12%
1.89%
CAGR - 10 Yr
9.83%
10.92%
3.29%
CAGR -5Yr
12.56%
10.91%
5.51%
CAGR - 3 Yr
15.45%
15.20%
9.48%
Source — Collin CAD certified totals for tax years 2006 through 2015.
Based on the annual appreciation rates shown in Table III -A, the 10-yr average annual growth
rate of average home values from 2006 to 2015 is approximately 1.89 percent, the compound
annual growth rate of average home values from 2006 to 2015 is approximately 3.29 percent, the
compound annual growth rate of average home values from 2011 to 2015 is approximately 5.51
percent and the compound growth rate of average home values from 2013 to 2015 is equal to 9.48
percent. A future annual appreciation rate of 1.89 percent for all property, representing the lowest
average growth rate computed using the three different value estimation bases shown in Table III -
A (total TAV of single family homes, total TAV of single family homes net of new construction
value and average home values) has been used for this study to project future appreciated assessed
values through estimated build out in 2026 and the estimated home values are held constant after
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build out. Based on the historic trends outlined in this section, this rate is believed to be
conservative.
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IV. Project Plan
Pursuant to Ordinance No. (the "TIRZ Ordinance"), the City created Reinvestment Zone
No. _, City of Anna, Texas as a TIRZ under the provisions of Chapter 311 of the Texas Tax
Code, as amended. The land within the TIRZ is comprised of approximately 368 acres and is
coterminous with the land within the PID.
As more fully described in subsequent sections of this report, approximately 654 residential
units are planned for the TIRZ. The City is planning to issue bonds for the purpose of
financing public improvements necessary for the improvements in the PID.
Tax increment financing is a redevelopment and financing tool by which governments can
provide financial assistance to fund infrastructure for eligible public and private redevelopment
efforts within an officially designated area of the development. Increases in property tax
revenues, which are generated primarily from new investment in the TIRZ, are allocated to pay
debt service on debt issued to pay for such infrastructure costs within the TIRZ.
LOCATION
The TIRZ is approximately 45 miles from Dallas, Texas, and approximately 70 miles from Fort
Worth, Texas. A map and metes and bounds of the TIRZ, as well as the corresponding proposed
development, are included as Appendix A to this Plan.
ECONOMIC AND DEMOGRAPHIC INFORMATION
According to the City website, the City is located on State Highway 5, Farm Road 455, and U.S.
Highway 75 eleven miles northeast of McKinney in north central Collin County.
According to City -Data, the population of the City has grown by approximately 27.6 percent
between 2010 and 2014 (US Census Bureau quick facts). According to City -Data, the average
unemployment rate of the City was 5 percent, compared to 5.5 percent for the State of Texas and
5.3 percent nationally (City-Data.com/city/Anna-Texas; Bureau of Labor Statistics) for June 2014.
The 2013 median household income for the City was $66,243 and the median home price
was $137,315, compared to the 2013 median household income of $51,704 and the median
home price of $132,000 for the State of Texas (City-Data.com/city/Anna-Texas).
EXISTING USES OF PROPERTY
According to the Developer and CAD records, the property within the TIRZ boundary is
classified as of January 1, 2015 under agricultural land use.
A site map showing the current uses of the property is included as Appendix A to this plan.
PROPOSED DEVELOPMENT
The TIRZ is proposed to be developed as a residential development with 654 residential units and
is proposed to include four types of single family residential lots. The property in the TIRZ is
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anticipated to be developed into 49 100-ft lots, 55 90-foot lots, 185 80-foot lots and 365 70-foot
lots to be developed in approximately three phases. Table IV -A summarizes the projected
development of the TIRZ. Detailed estimation of absorption for the development as provided by
the Developer on an annual basis is shown in Appendix D attached hereto.
Appendix A at the end of this section provides a concept plan for the proposed development
within the TIRZ.
TABLE IV -A
Summary of Proposed Development
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
55 units
80 Ft Lots
185 units
70 Ft Lots
365 units
Total
654 units
Table IV-B below shows the proposed residential development within Phase 1.
Table IV-B
Proposed Development —Phase 1
Proposed Lot Type
Quantity
90 Ft Lots
19 units
80 Ft Lots
103 units
70 Ft Lots
85 units
Total
207 units
Table IV-C on the following page shows the proposed residential lot types within the remaining
future phases.
Table IV-C
Proposed Development — Future Phases other than Phase 1
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
36 units
80 Ft Lots
82 units
70 Ft Lots
280 units
Total
447 units
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PROPOSED CHANGES
Details regarding the proposed zoning for the development, which are included in the Subdivision
Improvement Agreement between the Developer and the City (the "Subdivision Improvement
Agreement") dated as of March 11, 2015, are shown as Appendix G to this plan.
ESTIMATED NONPROJECT COSTS
According to the project engineer, the total estimated amount of improvements planned to be
constructed for the development is $45,407,244. As shown in Table V-A of this Project and
Finance Plan, the total estimated amount of Project Costs eligible for TIRZ incremental revenue
financing is $11,395,326. As a result, the total amount of public improvement costs that are not
eligible for TIRZ incremental revenue financing ("Nonproject Costs") is estimated to be
$34,011,918. Table IV-D shows a detailed list of these Nonproject Costs for public improvements
as provided by the project engineer.
Table IV-D
Estimated Nonproject Costs
Total
Description
Estimated Costs
Improvements:
Road Improvements
$16,487,798
Water Distribution System Improvements
$2,579,602
Sanitary Sewer Collection System Improvements
$7,093,708
Storm Drainage Collection System Improvements
$1,520,401
Other Costs
$11,919,282
Subtotal: Estimated improvement costs
$39,600,791
Soft costs including engineering and testing
$337,515
estimated bond issuance costs details in Appendix B
$5,468,938
Subtotal: Estimated soft costs
$5,806,453
Grand Total Improvement + Soft Costs
$45,407,244
Less: Project Costs,
($11,395,326)
Total Nonproject Costs
$34,011,918
1 — The Project Costs shown here include the estimated Developer funded portion of $485,663. See Table V-A for details.
METHOD OF RELOCATION
The proposed development is being developed on vacant land. Accordingly, there are no persons
to be relocated as a result of implementing the plan.
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V. Financing Plan
PROJECT COSTS
Section 311.002 of the Tax Increment Financing Act defines project costs as "the expenditures
made or estimated to be made and monetary obligations incurred or estimated to be incurred by the
municipality or county designating a reinvestment zone that are listed in the project plan as costs of
public works, public improvements, programs, or other projects benefiting the zone, plus other costs
incidental to those expenditures and obligations." Project costs include:
(A) capital costs, including the actual costs of the acquisition and construction of public works,
public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition,
demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and
fixtures; the actual costs of the remediation of conditions that contaminate public or private
land or buildings; the actual costs of the preservation of the facade of a public or private
building; the actual costs of the demolition of public or private buildings; and the actual costs of
the acquisition of land and equipment and the clearing and grading of land;
(B) financing costs, including all interest paid to holders of evidences of indebtedness or other
obligations issued to pay for project costs and any premium paid over the principal amount of
the obligations because of the redemption of the obligations before maturity;
(C) real property assembly costs;
(D) professional service costs, including those incurred for architectural, planning, engineering, and
legal advice and services;
(E) imputed administrative costs, including reasonable charges for the time spent by employees of
the municipality or county in connection with the implementation of a project plan;
(F) relocation costs;
(G) organizational costs, including the costs of conducting environmental impact studies or other
studies, the cost of publicizing the creation of the zone, and the cost of implementing the project
plan for the zone;
(H) interest before and during construction and for one year after completion of construction,
whether or not capitalized;
(I) the cost of operating the reinvestment zone and project facilities;
(J) the amount of any contributions made by the municipality or county from general revenue
for the implementation of the project plan;
(K) the costs of school buildings, other educational buildings, other educational facilities,
or other buildings owned by or on behalf of a school district, community college district, or
other political subdivision of this state; and
(L) payments made at the discretion of the governing body of the municipality or county that the
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governing body finds necessary or convenient to the creation of the zone or to the
implementation of the project plans for the zone.
The estimated project costs for the development are presented in Table V-A below. The detailed
project costs are presented in Appendix C of this plan.
Table V-A
Estimated TIRZ Project Costs
Project Costs
Total Estimated
Project Costs
Road Improvements
$5,567,504
Water Distribution System Improvements
$248,543
Sanitary Sewer Collection System Improvements
$2,069,616
Less: Developer funded portion
$485 663
Subtotal:
$7,400,000
Other estimated bond issuance related costs (details in
Appendix B)
$3,509,663
Total Estimated Project Costs
$10,909,663
According to the Subdivision Improvement Agreement between the Developer and the City, the total
construction cost portion of the Project Costs to be funded with the TIRZ increments is limited to
$7,400,000. As a result, the total Project Costs eligible for TIRZ financing is equal to $10,909,663
($7,400,000 + $3,509,663). Appendix F shows the estimated net bond debt service obligation related
to the Project Costs is estimated to be $26,973,218. According to the Subdivision Improvement
Agreement, the maximum amount of City commitments as TIRZ contribution is set not to exceed
$21,048,883. See Appendix F for detailed calculations of these amounts.
DESCRIPTION OF TIRZ PROJECTS
The public improvements to be financed as TIRZ Projects include roadway, water and sewer
improvements along FM 455, roadway, water and sewer improvements related to four collector roads,
gravity mains, lift stations and trunk improvements detailed in Appendix B. The estimated costs of
the TIRZ Projects eligible for financing through TIRZ incremental revenues are shown in Table V-A.
The costs shown are estimates and may be revised in the future, including the addition of such other
improvements as deemed necessary to further improve the properties within the TIRZ.
METHOD OF FINANCING
On February 24, 2015, the City of Anna City Council passed and approved Resolution No. 2015-
02.13 approving and authorizing the creation of the PID to finance the costs of certain public
improvements for the benefit of property in the PID, all of which is within the City. The PID and
the TIRZ boundaries are coterminous.
The property in the PID is proposed to be developed in approximately three phases, and the PID will
finance improvements for each phase as each phase is developed. Assessments will be imposed on
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the all property in the PID for the improvements that benefit the entire PID and on the property in
each phase for the public improvements to be provided for that phase. As described in the Service and
Assessment Plan of the PID (the "SAP"), the City will issue bonds (the "PID Bonds") in order to
finance the improvements. The PID Bonds will be issued to finance the project costs shown in Table
V-A.
The City intends to apply approximately 50 percent of the incremental taxes generated from the
development of the property in the PID, which property is also contained in the TIRZ, for the
repayment of a portion of the PID Bonds issued to finance the improvements referenced in this
Project and Finance Plan.
The City has agreed to use TIRZ Revenues generated from each Parcel within the TIRZ to offset a
portion of the PID Annual Installment on the parcel for the Project Costs (the "TIRZ Credit"). The
PID Annual Installment for each Parcel shall be calculated by taking into consideration any TIRZ
Credit applicable to each respective Parcel.
ESTIMATED BONDED INDEBTEDNESS
The project costs are anticipated to be financed with PID Bonds, which may be issued in multiple
series.
Table V-B below shows the estimated sources and uses of the PID Bonds. The detailed estimated
annual PID Bond debt service schedule and the prorated debt service schedule related to the Project
Costs are shown in Appendix C to this plan.
Table V-B
Estimated Sources and Uses — PID Bonds
PID Bonds
City Major
Other Major
Sources of Funds
Improvements
Improvements
Total
Estimated Bond paramount
$10,909,663
$6,090,337
$17,000,000
Total Sources
$10,909,663
$6,090,337
$17,000,000
Uses of Funds
Major Improvements
Road improvements
$5,224,612
$1,982,947
$6,501,891
Water distribution system improvements
$233,236
$158,806
$248,543
Sanitary sewer improvements
$1,942,152
$246,399
$4,443,113
Storm drainage improvements
$0
$0
$0
Other soft and miscellaneous costs
$0
$395,933
$337,515
Subtotal
$7,400,000
$2,784,085
$11,531,062
Estimated Bond issue costs
$3,509,663
$1,959,275
$5,468,938
Total Uses
$10,909,663
$4,743,360
$17,000,000
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ESTIMATED TIME OF EXPENDITURE
Total public improvement costs in the estimated amount of $45,407,244 including the total Project
Costs, are anticipated to be expended beginning 2016 through 2023.
CURRENT TOTAL APPRAISED VALUES
According to the Developer, there are five current parcels within the TIRZ boundary. According to
the Collin CAD records, the 2015 total market value for the three parcels is $2,455,530. The total
acreage of the three current parcels is 368 acres.
Table V-C
Current (2015) AUpraised Values
Parcel ID
Acreage
2015
Assessed Value'
Collin County
2719039
181.89
$0
1001356
32.90
$493,455
2719040
22.28
$0
1007412
58.00
$870,000
2518072
73.96
$1,092,075
Total
369.03
$2,455,530
1 —The 2015 assessed value represents the 2015 market value shown in the
Collin CAD records for the parcels, although the parcels are classified as
agricultural use.
DURATION OF THE TIRZ
The TIRZ will last for a total of 30 years or until the estimated maximum amount of $21,048,883
representing the prorated amount of total bond obligations related to the TIRZ Project Costs is
expended, whichever occurs earlier. See Appendix C for the detailed calculation of the prorated
amount of total bond obligations.
PROJECTED MARKET AND ASSESSED VALUE
As described in the discussion on assessment procedures in the appraisal district, assessed values are
based on values as appraised by CAD, which, in turn, are meant to represent fair market value of the
properties. Different property types may be appraised using different methods, as described in
Section II of this report. This section of the report includes the estimated assessed value and an
explanation of the methodology used for each of the proposed development types of the TIRZ.
Assumptions
The properties are first assumed to be on the tax roll as developed property based on estimates of
when the property will be substantially completed. No interim construction values are estimated in
this report. For each property type, this study estimates future absorption based on the projected
absorption as provided in the Developer's pro forma.
17
Draft
As stated in Section V, the development plan for the District includes approximately 654 residential
units. Based on the projected absorption from the developer's pro forma provided to the City, this
plan assumes that the residential development will be built -out beginning in 2017 and continuing
through 2026.
For purposes of this plan, it is assumed that the project is absorbed at the pace contemplated by the
Developer. According to the Developer, the sale of residential units is expected to start in 2017 and
continue until the units are fully absorbed by 2026. Accordingly, the residential units are assumed to
appear in the tax roll starting January 2018. Refer to Appendix D for detailed annual absorption
figures.
PROJECTED BASE SALES PRICES
The projected average base homes prices for the residential units in the development as estimated by
the developer are shown in Table V-D.
TABLE V-D
Base Asking Price Per Unit
Project/Building
Units
Price Per Unit
100 ft residential units
49
$475,000
90 ft residential units
85
$427,500
80 ft residential units
185
$380,000
70 ft residential units
365
$332,500
Total
654
Source: the lot type, estimated units and projected asking prices are provided by the Developer.
While it is possible that home buyers might negotiate the asking price, it is also believed that any
discount from the base price will be offset by charges for buyer options such as exterior and interior
finish upgrades, premium lot locations, and other potential upgrades. Therefore, this study
assumes that units at the subject site achieve the average base asking average prices per unit shown in
Table V-E.
PROJECTED MARKET AND ASSESSED VALUE
Based on the projected development and estimated home base asking price per unit outlined in Table
V-D, the total projected assessed value for the development is shown in Table V-E. The total values
shown in these tables assume full build -out and stabilized values using 2015 dollars. Detailed
calculations of values are shown in the attached Appendices G at completion in tax year 2026. This
study assumes an inflation rate of 1.89 percent based on the 10-year average annual growth rate
of average home values calculated and shown in Table III -A in order to account for the effect of
market appreciation.
INCREMENTAL ASSESSED VALUES
18
Draft
As described in Section II of this Plan, the State of Texas mandates that property must be assessed
at its market value. Projected incremental assessed value at full build -out is shown in Table V-E.
TABLE V-E
Projected Incremental Values at Full Build -Out
Estimated Build out Year
Projected Value
Base Value
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
Detailed calculations of incremental values are included in Appendices E and F to this plan.
CALCULATION OF INCREMENTAL TAX REVENUE
The increase in property value created within the TIRZ will produce additional real property taxes.
In accordance with Texas statute, this incremental revenue is calculated by subtracting the base
value from the new total assessed value to get the net incremental value, which is then multiplied
by the applicable tax rate to determine the incremental tax revenue. Currently, the tax rate for the
City is $0.639000 per $100 assessed value, as described in Section II of this report.
The aggregate base value for properties located within the TIRZ is $2,455,530 based on the 2015
market values of the parcels in the TIRZ shown in the CAD records. At completion of the
development, the property in the TIRZ is estimated to have an assessed value of $264,349,727 in
2026 using an assumed inflation rate of 1.89 percent per year through 2026. Incremental value is,
therefore, estimated to be $261,894,197.
Total projected incremental taxes are as shown in the following calculations.
(Incremental Assessed Value) - 100 x (Tax Rate) = Incremental Real Property Tax
$261,894,197 - 100 x $0.639000 = $1,673,504
Appendices E and F include detailed calculations of projected incremental taxes.
Section II of this report describes various exemptions and credits that are available to certain
properties within the City. For the purposes of this report, no credits are assumed to pertain to the
property within the TIRZ. Therefore, total estimated tax increment revenues at full build -out of
Phase 1 are as shown in Table V-F.
TABLE V-F
Projected Incremental Taxes
Annual Incremental Taxes at Cumulative Total Through
Build out Build -Out 1 Calendar Year 2045
Year
2026 $1,673,504 $39,730,436
'Scenarios A and B assume full build -out in calendar year 2026-27.
19
Draft
Detailed calculations of these figures are included in the attached Appendices E and F.
Pursuant to the TIRZ ordinance, the City has committed to use 50 percent of the incremental taxes
for the payment of a portion of the debt service on the PID Bonds that have been issued to finance
the projects described in this Project and Finance Plan. As a result, the total estimated tax increment
revenues available for the payment of debt service at full build -out are as shown below in
Table V-G.
TABLE V-G
Projected Incremental Taxes
Available for TIRZ Projects
Annual Annual Incremental Taxes
Incremental available for payment of
Build out Year Taxes at PID Bond
Build -Out debt service Payment
2026-27 $1,673,504 $19,865,218
PLAN FEASIBILITY
As explained in the previous sections of this plan, the development is proposed to be developed
on a vacant land. As shown in Table V-D, the current aggregate assessed value of the property in
the development is $2,455,530 (shown as market value in the CAD records).
Projected Absorption and Projected Build -out Total Home Values
The development is projected to be fully built -out by 2026-27 based on the preliminary
absorption estimated by the Developer. Phase 1 is anticipated to be fully built out by 2019. Phase
2 is anticipated to begin in the final previous Phase build -out year and is anticipated to be fully
built by 2023. Phase 3 is anticipated to begin in 2022 while Phase 2 is still underway and
anticipated to be fully built out by 2026-27 as shown in Table V-H.
Table V-H
Estimated Build -out by Current and Future Phases
Phase
Estimated Build
out year
No of
Units
Cumulative
No. of Units
1
2019
207
207
2 and 3
2023
447
654
Note: Phase 2 and 3 are shown together as Phase 3 is anticipated to commence in
2022 before Phase 2 is fully built out.
The detailed absorption is presented in Appendix D as estimated by the Developer for each Lot
Type.
The aggregate home value in the District is estimated to be $81.4 million based on the estimated
20
Draft
absorption and projected home values provided by the Developer once Phase 1 is fully built. The
aggregate home value in the District is estimated to be $264.3 million once Phase 2 and 3 are
fully built. Table IV-1 below shows the estimated total home values by Phase once each Phase is
fully built.
Table V-I
Estimated Build -out by Current and Future Phases
Projected
Taxable
Estimated Build
Values at
Phase
No of Units
out year
Build out
1
207
2019
$81,410,037
2 and 3
447
2026
$182,939,690
Total
654
$264,349,727
Assuming the development is completed as planned, the proposed development is projected to
generate an aggregate of $39.7 million in incremental taxes under a 1.89 estimated annual
appreciation through build out over 30 years as shown in Table V-F. 50 percent of such annual
TIRZ incremental revenues generated up to a maximum total amount of $21,048,883 are
committed to be used for the payment of debt service on the PID Bonds used to finance the TIRZ
Projects while the TIRZ is in existence As a result, the proposed plan of financing the project
costs appears feasible.
21
Draft
VI. Assumptions & Limitations
The valuation of property for real property tax purposes is determined by the CAD. This plan
attempts to estimate how the CAD may estimate the value of the subject properties in the
future. The values estimated by the CAD will almost certainly differ from the estimates
included in this report. Values can change significantly over time, and these changes can be
significantly higher or lower than values in previous years. Determining property values for
tax purposes is not as straight forward or as simple as the analysis in this report. Many
factors not considered in this report may impact actual future values. Furthermore, property
values are not likely to be consistent from year to year.
The CAD often relies on market data to estimate the value of property. Property values can
be appealed, competition can be greater, national or local market conditions can change; in
short, there are many factors that can affect the valuation of property. These factors
make the projection of future values an imprecise exercise. The successful development of
the subject properties is critical to the values estimated in the report.
This report has assumed property taxes are paid as due. This study does not include an
analysis to determine if the owners of property within the TIRZ will be able or willing to
pay property taxes or if the tax collector will be able to collect unpaid taxes. The actual
delinquencies in the payment of real property taxes in the TIRZ will likely be different than
assumed in this report and a significant increase in the failure to pay property taxes would
materially affect the tax increment revenues available for debt service on the bonds.
This report estimates future tax increment revenues based on current real property tax rates.
Scenarios do not assume real property tax rates in the future will be different than tax rates
for fiscal year 2015. Real property tax rates have varied over the years and have declined
over the years. Real property tax rates will likely vary significantly in future years and be
different than assumed in this report and a significant decrease in real property tax rates could
materially affect the tax increment revenues available for debt on the bonds.
This report includes projections of tax increment revenues based on zero percent annual
appreciation for real property. Changes in values will not be consistent from year to year.
Future values are estimated based on values in 2015. Values in any future year may be less
than values in 2015.
This report assumes that the subject properties will be developed as projected in this report.
A delay in the development of properties or changes to the program of development would
reduce tax increment revenues during the years of the delay and could result in there being
inadequate tax increment revenues to pay debt service on the bonds. No analysis has been
conducted to determine if the subject properties are likely to be developed as projected.
22
Draft
Numerous sources of information were relied on in the preparation of this report. These
sources are believed to be reliable; however, no effort has been made to verify information
obtained from other sources.
In summary, this report necessarily incorporates numerous estimates and assumptions with
respect to property performance, general and local business and economic conditions, the
absence of material changes in the competitive environment and other matters. Some
estimates or assumptions will inevitably not materialize and unanticipated events and
circumstance will occur. As a result, actual results will vary from the estimates in this report
and the variations may be material.
Other assumptions made in the preparation of this report and limiting conditions to this report
are as follows:
1. There are no zoning, building, safety, environmental or other federal, state, or
local laws, regulations, or codes that would prohibit or impair the development,
marketing or operation of the subject properties in the manner contemplated in
this report, and the subject properties will be developed, marketed and operated in
compliance with all applicable laws, regulations, and codes.
2. No material changes will occur in (a) any federal, state or local law, regulation or
code affecting the subject properties or (b) any federal, state or local grant,
financing or other program to be utilized in connection with the subject
properties.
3. The local, national and international economies will not deteriorate and there will
be no significant changes in interest rates or in rates of inflation or deflation.
4. The subject properties will be served by adequate transportation, utilities and
governmental facilities.
5. The subject properties will not be subjected to any war, energy crises, embargo,
strike, earthquake, flood, fire or other casualty or act of God.
6. The subject properties will be developed, marketed, and operated in a highly
professional manner.
7. There are no existing, impending or threatened litigation that could hinder the
development, marketing, or operation of the subject properties.
8. MuniCap, Inc. does not have expertise in and has no responsibility for legal,
environmental, architectural, geologic, engineering, and other matters related to
the development and operation of the subject properties.
23
Draft
Appendix A
24
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N89°11'00"E
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S90°00'00'E, 1755.97'
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S01 °06'39" E
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R=700.00'
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CD=204.65
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R=699.99'
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CB=S3°39'15"W
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CD=116.30
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24
Appendix B
Estimated Improvement Costs
Description
Project Costs
Non-TIRZ Major
Improvement Costs
Other Costs
Total Costs
Road Improvements
FM 455 road improvements
$907,882
$0
$0
$907,882
Collector A road improvements
$286,387
$0
$0
$286,387
Collector B road improvements
$1,403,833
$181,671
$0
$1,585,504
Collector C road improvements
$2,654,816
$637,073
$0
$3,291,889
Collector D road improvements
$314,586
$115,643
$0
$430,229
Other road improvements
$0
$0
$9,985,907
$9,985,907
Subtotal
$5,567,504
$934,387
$9,985,907
$16,487,798
Water Distribution System Improvements
water improvements along FM 455
$20,897
$0
$0
$20,897
water improvements along Collector A
$32,289
$0
$0
$32,289
water improvements along Collector B
$15,375
$0
$0
$15,375
water improvements along Collector C
$179,982
$0
$0
$179,982
Other water improvements
$0
$0
$2,331,059
$2,331,059
Subtotal
$248,543
$0
$2,331,059
$2,579,602
Sanitary Sewer Collection System Improvements
Throckmorton LS to NTMWD sewer improvements
$1,583,741
$0
$0
$1,583,741
Lift station trunk sewer FM sewer'
$485,875
$0
$0
$485,875
Other sewer improvements
$0
$2,373,497
$2,650,595
$5,024,092
Subtotal
$2,069,616
$2,373,497
$2,650,595
$7,093,708
Storm Drainage Collection System Improvements
Drainage improvements
$0
$0
$1,520,401
$1,520,401
Subtotal
$0
$0
$1,520,401
$1,520,401
Other Costs
Land costs
$0
$0
$8,000,000
$8,000,000
Amenity center
$0
$0
$2,000,000
$2,000,000
Trail system
$0
$0
$600,000
$600,000
Retaining walls
$0
$0
$784,800
$784,800
Miscellaneous costs
$0
$0
$534,482
$534,482
Subtotal
$0
$0
$11,919,282
$11,919,282
Soft Costs
Flood study
SWPPP and final platting fees
Engineering review
Geotechnical testing
Subtotal
Total Estimated Construction Costs
Less: Estimated Developer funded portion
Subtotal
Estimated Bond issuance related costs
Estimated capitalized interest
Estimated debt service reserve
Other estimated bond issuance related costs
Subtotal
$0
$25,000
$0
$25,000
$0
$12,595
$0
$12,595
$0
$5,000
$0
$5,000
$0
$294,920
$0
$294,920
$0
$337,515
$0
$337,515
$7,885,663
$3,645,399
$28,407,244
$39,938,306
($485,663)
$7,400,000
$1,527,353 $852,647 $0 $2,380,000
$872,773 $487,227 $0 $1,360,000
$1,109,537 $619,401 $0 $1,728,938
$3,509,663 $1,959,275
$0 $5,468,938
Total Estimated Costs $10,909,663 $5,604,674 $28,407,244 $45,407,244
Draft
Draft
Appendix C
MuniCap 126
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule C: Estimated Bond Debt Service - PID Bonds
Total
Principal and
Prepayment
Delinquency
Total Bond
Year
Principal
Coupon
Interest
Interest
Reserve
Reserve
Debt Service
1
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
2
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
3
$194,000
7.000%
$1,190,000
$1,384,000
$34,000
$51,000
$1,469,000
4
$208,000
7.000%
$1,176,420
$1,384,420
$33,612
$50,418
$1,468,450
5
$224,000
7.000%
$1,161,860
$1,385,860
$33,196
$49,794
$1,468,850
6
$241,000
7.000%
$1,146,180
$1,387,180
$32,748
$49,122
$1,469,050
7
$259,000
7.000%
$1,129,310
$1,388,310
$32,266
$48,399
$1,468,975
8
$278,000
7.000%
$1,111,180
$1,389,180
$31,748
$47,622
$1,468,550
9
$299,000
7.000%
$1,091,720
$1,390,720
$31,192
$46,788
$1,468,700
10
$322,000
7.000%
$1,070,790
$1,392,790
$30,594
$45,891
$1,469,275
11
$346,000
7.000%
$1,048,250
$1,394,250
$29,950
$44,925
$1,469,125
12
$372,000
7.000%
$1,024,030
$1,396,030
$0
$73,145
$1,469,175
13
$400,000
7.000%
$997,990
$1,397,990
$0
$71,285
$1,469,275
14
$430,000
7.000%
$969,990
$1,399,990
$0
$69,285
$1,469,275
15
$462,000
7.000%
$939,890
$1,401,890
$0
$67,135
$1,469,025
16
$496,000
7.000%
$907,550
$1,403,550
$0
$64,825
$1,468,375
17
$534,000
7.000%
$872,830
$1,406,830
$0
$62,345
$1,469,175
18
$574,000
7.000%
$835,450
$1,409,450
$0
$59,675
$1,469,125
19
$617,000
7.000%
$795,270
$1,412,270
$0
$56,805
$1,469,075
20
$663,000
7.000%
$752,080
$1,415,080
$0
$53,720
$1,468,800
21
$713,000
7.000%
$705,670
$1,418,670
$0
$50,405
$1,469,075
22
$766,000
7.000%
$655,760
$1,421,760
$0
$46,840
$1,468,600
23
$824,000
7.000%
$602,140
$1,426,140
$0
$43,010
$1,469,150
24
$885,000
7.000%
$544,460
$1,429,460
$0
$38,890
$1,468,350
25
$952,000
7.000%
$482,510
$1,434,510
$0
$34,465
$1,468,975
26
$1,023,000
7.000%
$415,870
$1,438,870
$0
$29,705
$1,468,575
27
$1,100,000
7.000%
$344,260
$1,444,260
$0
$24,590
$1,468,850
28
$1,182,000
7.000%
$267,260
$1,449,260
$0
$19,090
$1,468,350
29
$1,271,000
7.000%
$184,520
$1,455,520
$0
$13,180
$1,468,700
30
$1,365,000
7.000%
$95,550
$1,460,550
$0
$6,825
$1,467,375
Total
$17,000,000
$24,898,790
$41,898,790
$357,306
$1,421,179
$43,677,275
Draft
Breakdown of Estimated Bond Debt Service Payments
City Major Improvements Portion
64.17% 35.83%
Major Improvement Bonds
TIRZ Major Improvements
Other Major Improvements
Estimated
Total
TIRZ Admin
Combined
Year
Principal' Interest'
Principah Interest
Expenses
Obligations
1
$0
$818,225
$0
$456,775
$0
$1,275,000
2
$0
$818,225
$0
$456,775
$20,000
$1,295,000
3
$124,499
$818,225
$69,501
$456,775
$20,000
$1,489,000
4
$133,483
$808,887
$74,517
$451,563
$20,000
$1,488,450
5
$143,751
$798,876
$80,249
$445,974
$20,000
$1,488,850
6
$154,661
$788,095
$86,339
$439,955
$20,000
$1,489,050
7
$166,212
$776,495
$92,788
$433,480
$20,000
$1,488,975
8
$178,405
$764,029
$99,595
$426,521
$20,000
$1,488,550
9
$191,882
$750,649
$107,118
$419,051
$20,000
$1,488,700
10
$206,642
$736,258
$115,358
$411,017
$20,000
$1,489,275
11
$222,044
$720,760
$123,956
$402,365
$20,000
$1,489,125
12
$238,729
$704,106
$133,271
$393,069
$20,000
$1,489,175
13
$256,698
$686,202
$143,302
$383,073
$20,000
$1,489,275
14
$275,950
$666,949
$154,050
$372,326
$20,000
$1,489,275
15
$296,486
$646,253
$165,514
$360,772
$20,000
$1,489,025
16
$318,305
$624,017
$177,695
$348,358
$20,000
$1,488,375
17
$342,692
$600,144
$191,308
$335,031
$20,000
$1,489,175
18
$368,362
$574,442
$205,638
$320,683
$20,000
$1,489,125
19
$395,957
$546,815
$221,043
$305,260
$20,000
$1,489,075
20
$425,477
$517,118
$237,523
$288,682
$20,000
$1,488,800
21
$457,564
$485,207
$255,436
$270,868
$20,000
$1,489,075
22
$491,577
$450,890
$274,423
$251,710
$20,000
$1,488,600
23
$528,798
$414,022
$295,202
$231,128
$20,000
$1,489,150
24
$567,944
$374,362
$317,056
$208,988
$20,000
$1,488,350
25
$610,941
$331,766
$341,059
$185,209
$20,000
$1,488,975
26
$656,505
$285,945
$366,495
$159,630
$20,000
$1,488,575
27
$705,919
$236,708
$394,081
$132,142
$20,000
$1,488,850
28
$758,542
$183,764
$423,458
$102,586
$20,000
$1,488,350
29
$815,658
$126,873
$455,342
$70,827
$20,000
$1,488,700
30
$875,982
$65,699
$489,018
$36,676
$20,000
$1,487,375
31
$0
$0
$0
$0
$0
$0
Total
$10,909,663
$17,120,005
$6,090,337
$9,557,270
$580,000
$44,257,275
1- The estimated principal and interest shares of the TIRZ Major Improvements are calculated as 64.17% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
1- The estimated principal and interest shares of the Non-TIRZ Major Improvements are calculated as 35.83% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
Draft
Draft
Appendix D
MuniCap 127
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule D: Projected Absorption - All Phases
Assessment
Year
Debt
Service
Year
Bond
Year
Ending
Lot Type
Annual
1 (100' Lot)
Cumulative
1-Jan-16
1
1-Sep-16
0
0
1-Jan-17
2
1-Sep-17
0
0
1-Jan-18
3
1-Sep-18
0
0
1-Jan-19
4
1-Sep-19
0
0
1-Jan-20
5
1-Sep-20
0
0
1-Jan-21
6
1-Sep-21
0
0
1-Jan-22
7
1-Sep-22
0
0
1-Jan-23
8
1-Sep-23
0
0
1-Jan-24
9
1-Sep-24
0
0
1-Jan-25
10
1-Sep-25
25
25
1-Jan-26
11
1-Sep-26
24
49
1-Jan-27
12
1-Sep-27
49
1-Jan-28
13
1-Sep-28
49
1-Jan-29
14
1-Sep-29
49
1-Jan-30
15
1-Sep-30
49
1-Jan-31
16
1-Sep-31
49
1-Jan-32
17
1-Sep-32
49
1-Jan-33
18
1-Sep-33
49
1-Jan-34
19
1-Sep-34
49
1-Jan-35
20
1-Sep-35
49
1-Jan-36
21
1-Sep-36
49
1-Jan-37
22
1-Sep-37
49
1-Jan-38
23
1-Sep-38
49
1-Jan-39
24
1-Sep-39
49
1-Jan-40
25
1-Sep-40
49
1-Jan-41
26
1-Sep-41
49
1-Jan-42
27
1-Sep-42
49
1-Jan-43
28
1-Sep-43
49
1-Jan-44
29
1-Sep-44
49
1-Jan-45
30
1-Sep-45
49
1-Jan-46
31
1-Sep-46
49
1-Jan-47
32
1-Sep-47
49
1-Jan-48
33
1-Sep-48
49
Lot Type 2 (90' Lot)
Annual
Cumulative
0
0
0
0
1
1
4
5
4
9
4
13
4
17
2
19
11
30
25
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
Lot Type 3 (80' Lot)
Annual Cumulative
0
0
0
0
22
22
44
66
37
103
24
127
13
140
24
164
21
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
Lot Type 4 (70' Lot)
Annual
Cumulative
0
0
0
0
24
24
48
72
13
85
64
149
64
213
59
272
64
336
29
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
Annual
0
0
47
96
54
92
81
85
96
79
24
0
0
0
0
Total
Cumulative
0
0
47
143
197
289
370
455
551
630
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
Total 49 365 654
Note: The projected absorption schedule is provided by the developer.
MuniCap, Inc.
Draft Draft
Draft
Appendix E
MuniCap 128
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule E: Projected Assessed Value - All Phases
Total
Debt
Bond
1.89%
Lot Type 1 (100' Lot)
Lot Type 2 (90' Lot)
Lot Type 3 (80' Lot)
Lot Type 4 (70' Lot)
Estimated
Estimated
Estimated
Assessment
Service
Year
Inflation
Value Per
Market
Value Per
Market
Value Per
Market
Value Per
Market
Market
Assessment
Assessed
Year
Year
Ending
Factor'
Units
Unit`
Value
Units
Unit`
Value
Units
Unit
Value
Units
Unit
Value
Value
Rate'
Value
1-Jan-16
I
1-Sep-16
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
I-Jan-17
2
1-Sep-17
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
1-Jan-18
3
1-Sep-18
100.0%
0
$483,994
$0
1
$435,595
$435,595
22
$387,196
$8,518,303
24
$338,796
$8,131,107
$17,085,005
94%
$15,998,358
1-Jan-19
4
1-Sep-19
101.9%
0
$493,159
$0
5
$443,843
$2,219,217
66
$394,527
$26,038,810
72
$345,212
$24,855,229
$53,113,255
94%
$49,735,126
1-Jan-20
5
1-Sep-20
103.8%
0
$502,498
$0
9
$452,248
$4,070,231
103
$401,998
$41,405,805
85
$351,748
$29,898,609
$75,374,645
94%
$70,580,639
1-Jan-21
6
1-Sep-21
105.8%
0
$512,013
$0
13
$460,812
$5,990,550
127
$409,610
$52,020,502
149
$358,409
$53,402,936
$111,413,987
94%
$104,327,793
1-Jan-22
7
1-Sep-22
107.8%
0
$521,708
$0
17
$469,537
$7,982,135
140
$417,367
$58,431,314
213
$365,196
$77,786,687
$144,200,136
94%
$135,028,664
1-Jan-23
8
1-Sep-23
109.8%
0
$531,587
$0
19
$478,428
$9,090,139
164
$425,270
$69,744,228
272
$372,111
$101,214,184
$180,048,552
94%
$168,597,035
1-Jan-24
9
1-Sep-24
111.9%
0
$541,653
$0
30
$487,488
$14,624,634
185
$433,322
$80,164,660
336
$379,157
$127,396,811
$222,186,105
94%
$208,054,540
I-Jan-25
10
1-Sep-25
114.0%
25
$551,910
$13,797,743
55
$496,719
$27,319,531
185
$441,528
$81,682,639
365
$386,337
$141,012,934
$263,812,847
94%
$247,033,722
1-Jan-26
11
1-Sep-26
116.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-27
12
1-Sep-27
118.4 %
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-28
13
1-Sep-28
120.6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-29
14
1-Sep-29
122.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-30
15
1-Sep-30
125.2%
49
$562,361
$27,555,667
55.
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-31
16
1-Sep-31
127.6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-32
17
1-Sep-32
130.0%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-33
18
1-Sep-33
132.5%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-34
19
1-Sep-34
135.0%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-35
20
1-Sep-35
13T6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-36
21
1-Sep-36
140.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-37
22
1-Sep-37
142.8%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-38
23
1-Sep-38
145.5%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-39
24
1-Sep-39
148.3%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-40
25
1-Sep-40
151.1%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-41
26
1-Sep-41
153.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-42
27
1-Sep-42
156.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-43
28
1-Sep-43
159.8%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-44
29
1-Sep-44
162.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-45
30
1-Sep-45
165.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
MuniCap, Inc.
I The estimated annual growth rate is calculated as the ten-year average annual growth rate of average home values in the city.
2 Estimated value per unit based on information provided by the developer.
3 The projections assume that the assessed value is approximately 94 percent of the estimated sales price as reported by the developer with 1.89 % annual inflation factor. The 6% reduction is based on the ten-year average total exemption to taxable value ratios.
Draft Draft
Draft
Appendix F
MuniCap 129
CITY OFANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule F: Projected Incremental Real Property Tax - All Phases
Estimated
Debt
Bond
1.89%
Estimated
Base
Little
Estimated
Base
Estimated
Incremental Real
Estimated
Estimated
Assessment
Service
Year
Inflation
Assessed
Year
Elm Tax
Real Propert
Year
Incremental Real
TIRZ
Property Tax
TIRZ related
Developer Funded
Year
Year
Ending
Factor'
Value
Value
Rate
Tax
Tax
Property Tax
Percentage2
Available
Obligation93
Obligations Amount
1-Jan-16
1
1-Sep-16
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$0
$0
1-Jan-17
2
1-Sep-17
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$20,000
$20,000
1-Jan-18
3
1-Sep-18
101.9%
$15,998,358
($2,455,530)
$0.6390
$102,230
($15,691)
$86,539
50%
$43,269
$962,723
$962,723
1-Jan-19
4
1-Sep-19
103.8%
$49,735,126
($2,455,530)
$0.6390
$317,807
($15,691)
$302,117
50%
$151,058
$962,370
$919,101
1-Jan-20
5
1-Sep-20
105.8%
$70,580,639
($2,455,530)
$0.6390
$451,010
($15,691)
$435,319
50%
$217,660
$962,627
$811,569
1-Jan-21
6
1-Sep-21
107.8%
$104,327,793
($2,455,530)
$0.6390
$666,655
($15,691)
$650,964
50%
$325,482
$962,755
$745,096
1-Jan-22
7
1-Sep-22
109.8%
$135,028,664
($2,455,530)
$0.6390
$862,833
($15,691)
$847,142
50%
$423,571
$962,707
$637,225
1-Jan-23
8
1-Sep-23
111.9%
$168,597,035
($2,455,530)
$0.6390
$1,077,335
($15,691)
$1,061,644
50%
$530,822
$962,434
$538,863
1-Jan-24
9
1-Sep-24
114.0%
$208,054,540
($2,455,530)
$0.6390
$1,329,469
($15,691)
$1,313,778
50%
$656,889
$962,531
$431,709
1-Jan-25
10
1-Sep-25
116.2%
$247,033,722
($2,455,530)
$0.6390
$1,578,545
($15,691)
$1,562,855
50%
$781,427
$962,900
$306,011
1-Jan-26
11
1-Sep-26
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,803
$181,376
1-Jan-27
12
1-Sep-27
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,836
$126,084
1-Jan-28
13
1-Sep-28
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,900
$126,148
1-Jan-29
14
1-Sep-29
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,900
$126,148
1-Jan-30
15
1-Sep-30
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,739
$125,987
1-Jan-31
16
1-Sep-31
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,322
$125,570
1-Jan-32
17
1-Sep-32
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,836
$126,084
1-Jan-33
18
1-Sep-33
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,803
$126,051
1-Jan-34
19
1-Sep-34
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,771
$126,019
1-Jan-35
20
1-Sep-35
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,595
$125,843
1-Jan-36
21
1-Sep-36
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,771
$126,019
1-Jan-37
22
1-Sep-37
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,467
$125,715
1-Jan-38
23
1-Sep-38
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,819
$126,068
1-Jan-39
24
1-Sep-39
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,306
$125,554
1-Jan-40
25
1-Sep-40
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,707
$125,955
1-Jan-41
26
1-Sep-41
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,450
$125,699
1-Jan-42
27
1-Sep-42
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,627
$125,875
1-Jan-43
28
1-Sep-43
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,306
$125,554
1-Jan-44
29
1-Sep-44
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,531
$125,779
1-Jan-45
30
1-Sep-45
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$961,680
$124,928
$40,169,779 $39,730,436 $19,865,218 $26,973,218 $7,944,752
t The estimated annual growth rate is calculated as a 10 average annual growth rate of average home values in the city.
2 The projections assume that 50 percent of the incremental real property tax will be made availabel for the partial payment of debt service on the PID Bonds.
' The maximum amount of TIRZ related obligations is set not to exceed $21,048,883 per the Development Agreement.
Mu,iCup, 1-.
Draft Draft
Draft
Appendix G
iMuniCap 1.30
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
C. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: A line parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and a right-of-way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
11
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
W1
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120T
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
0
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 8,400 square feet
7
B.
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
E
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5
7
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
16
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages maybe front facing orJ Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-201Z adopted 1012312012)
18
V. DEVELOPMENT SCHEDULE
Date
Total Lots
2015
150
2016
250
2017
300
2018
375
2019
450
2020
550
2021
654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
19
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 89°5255"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°1741"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°0544"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
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CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE NO. _
PRELIMINARY PROJECT AND FINANCING PLAN
December 3, 2015
MuniCap, Inc V1.3
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CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE No. _
PRELIMINARY PROJECT AND FINANCING PLAN
Table of Contents
I Executive Summary 1
II Assessment and Tax Collection Procedures 3
III Historical Appreciation in Taxable Values 9
IV Project Plan 11
V Financing Plan 14
VI Assumptions and Limitations 22
List of Appendix
Appendix A - Maps
Appendix B — Estimated Project Costs
Appendix C - Bond Debt Service Schedule
Appendix D — Projected Absorption
Appendix E — Projected Assessed Values
Appendix F — Projected Incremental Real Estate Taxes
Appendix G — Development Standards
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I. Executive Summary
PURPOSE OF TIRZ PROJECT AND FINANCING PLAN
The purpose of this plan is to provide estimates of real property tax increment revenues resulting
from the proposed Villages of Hurricane Creek development (the "Development") and
available to offset assessments to be levied for repaying bonds to be issued by the City of
Anna, Texas (the "City"). In particular, the study provides estimates of future real property tax
increment revenues generated by the property within the City of Anna Tax Increment
Reinvestment Zone No. _ (the "TIRZ").
As real property taxes are generated on an ad valorem basis from assessed values, it is first
necessary to estimate the future assessed value resulting from the TIRZ. This plan provides
assessed value information based on the following:
• The development is completed as proposed by CADG Hurricane Creek, LLC (the
"Developer");
• The units are sold according to the development pace estimated by the Developer, as
summarized in subsequent sections of this report;
• Property values are projected to increase at 1.89 percent annual rate of inflation through
estimated build -out in calendar year 2025 as calculated based on the ten-year average growth
rate of annual average single family home prices between 2006 and 2015; and
• The real property tax rate remains static at the tax year 2015 level in future years.
ORGANIZATION OF TIRZ PLAN
This plan begins with a discussion of the assessment and tax collection procedures within the
City. Following this discussion is an analysis of historic appreciation of taxable values within
the City. The report continues with a project plan that includes a narrative description of the
TIRZ. Next, an account of the proposed development within the TIRZ, including an estimate of
the projected market and assessed values for the proposed properties, is provided.
The report continues with a calculation of real property tax increment revenues based on the
estimated assessed values in preceding sections of the report. Finally, the report provides
comprehensive projections of all estimated available revenue created by the TIRZ and shows the
estimated debt service coverage generated by this revenue.
RESULTS
In summary, the TIRZ financing analysis indicates that, assuming 1.89 percent annual inflation
through estimated build -out in calendar year 2025, the TIRZ is estimated to have an incremental
value of $264,349,727 million at the time of completion of all phases in calendar year 2025.
Table I -A provides the projected total and incremental assessed value for the District after the
projected build -out in calendar year 2025. Refer to Appendices E and F, attached hereto, for more
information on the projected incremental value for each year.
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TABLE I -A
Projected Assessed Values
Year
Projected Value
Base Value'
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
1 - The base value of $2,455,530 represents the 2015 market value shown in CAD records.
The assessed values displayed in Table I -A are the basis for estimating incremental real
property taxes. The projected incremental taxes are shown in Table I-B. The project is
anticipated to be fully built out in calendar year 2025. Accordingly, the property in the TRIZ is
anticipated to be assessed in full starting January 2026 and the related incremental taxes will
become fully available starting 2027.
TABLE I-B
Projected Incremental Taxes
Annual Incremental Total Incremental Taxes
Taxes at Build -out through tax year 2045
$1,673,504 $39,730,436
Refer to Appendix F for projected tax increment revenues for each year. Estimates of annual debt
service coverage are included in Appendix C of this report.
The financing plan for the public improvements contemplates the issuance of special revenue
bonds by the City secured by special assessments on property within the Villages of Hurricane
Creek Public Improvement District ("PID Assessments"). The bonds secured by the PID
Assessments are referred to as the "PID Bonds" and are estimated to total $30,000,000,
$17,000,000 in bond par amounts of which is anticipated to be used to finance the major
improvements including the Project Costs.
The TIRZ Project Costs represent a portion of the total public improvements to be funded with
the PID Bonds. As a result, real property tax increment revenues are intended to pay an equivalent
portion the debt service on the PID Bonds and will be applied as discussed more fully in PID
Service and Assessment Plan.
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IL Assessment and Tax Collection Procedures
ASSESSMENT PROCEDURES
Overview
Pursuant to Texas Tax Code, all taxable property is appraised at its market value as of January 1
of each year. Each county in Texas is served by an appraisal district, which determines the value
of all of the county's taxable property. Generally, local governments that collect property taxes,
such as counties, cities and school districts, are members of the appraisal district.
Methodology
The appraisal districts use different valuation methods depending on property type and
circumstances. A brief description of these methods follows.
Cost Approach — As the name implies, the cost approach values property on the basis of the
costs of development. The value of a structure is determined by estimating the cost to replace
the building with a new structure and then subtracting depreciation. This method assumes the
cost of replacing the existing building plus the value of the land equals market value. The steps
in applying the cost approach include:
• Estimating the site value (land and site improvements) through review of comparable
sales;
• Estimating the cost of replacing the existing building with one of similar usefulness
(reflecting current building design and materials); and
• Deducting all sources of depreciation, including physical deterioration ("wear and tear"
on a building) and functional and economic obsolescence. Functional obsolescence is the
reduced ability of the building to perform the function it was originally designed and built
for. Economic obsolescence refers to external forces that affect the ability of the building
to continue to perform, such as changes in transportation corridors and new types of
building design demanded by the market.
The cost approach is relied upon most often when the property being appraised is new or nearly
new and income is not yet stabilized, where there are no comparable sales, or where the
improvements are relatively unique or specialized.
Market Data Comparison Approach — The market data comparison approach is based on the
premise that the value of a specific property is set by the price an informed purchaser would pay
for a comparable property, offering similar desirability and usefulness. For instance, if recent
sales of condominium units within the same building indicate an increase in market values, all
assessed values for condominiums in the building will be reassessed to reflect this increase in
market value. This requires an understanding and comparison of market variables, such as
location, property size, physical features and economic factors. The process of identifying and
analyzing comparable property sales is repeated until a satisfactory range of value indicators for
the subject property is established and a final estimate of value is possible. The limitations of the
sales comparison approach are that it requires recent sales data for similar properties. The
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sales comparison approach is relied upon most often for appraising the sale of residential property
and is most likely to be relevant for the proposed residential development in the TIRZ.
According to the Collin Central Appraisal District ("CAD"), properties developed in new
subdivisions are typically appraised based on the sales price of the new homes developed in the
subdivisions using a market comparison approach to value.
Income Approach — The income approach to value is based on the premise that the value of a
property is directly related to the income it will generate. The appraisal districts analyze both
the property's ability to produce future income and its expenses, and based on projected
new income, estimates the property's value. The appraiser develops a capitalization rate by
analyzing the sales of similar income properties and determining the relationship between the sale
price and net income.
The steps in applying the income capitalization approach are to determine the stabilized, net -
operating income by:
• Estimating potential gross income from all sources;
• Deducting an allowance for vacancy and bad debts; and
• Deducting all direct and indirect operating expenses.
The resulting net operating income is capitalized by a market rate, which reflects the property
type and effective date of valuation to produce an estimate of overall property value.
To determine the effective gross income, the appraiser estimates market rents by analyzing
rents, both within the property being assessed and in comparable properties in the neighborhood,
and making an allowance for vacancy and collection loss. Net operating income is estimated by
deducting operating expenses.
The appraiser typically determines the capitalization rate by analyzing sales (comparing net
operating income to sale price) in the same market for similar properties to determine
the ratio of net operating income to sales price. The capitalization rate will vary depending on
the attractiveness of a property as an investment, income risks and physical factors, among other
factors. In the absence of sufficient sales data, the appraisal districts may use standard industry
rates as generated by other sources to determine cap rates.
The income approach is relied upon most often when appraising properties that produce a rental
income from single or multiple tenants. The capitalized value of the income stream provides an
estimate of the market value of the property (land and improvements).
An appraisal district may use any of the three common methods to value property. The
legislature also authorizes appraisal districts to use a method called mass appraisal to calculate
the value of a large number of similar properties. According to Section 23.01(b) of the Texas
Property Tax Code:
if the appraisal district determines the appraised value of a property using mass appraisal
standards, the mass appraisal standards must comply with the Uniform Standards of
Professional Appraisal Practice. The same or similar appraisal methods and techniques shall
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be used in appraising the same or similar kinds of property. However, each property shall be
appraised based upon the individual characteristics that affect the property's market value,
and all available evidence that is specific to the value of the property shall be taken into
account in determining the property's market value.
Appeals
According to the CAD, property owners may utilize the CAD appeal procedures if they have a
concern about:
• the market or appraised value of the property;
• unequal appraisal of the property compared to other properties;
• the inclusion of the property on the appraisal roll;
• any exemptions that may apply to the property owner;
• the qualification for an agricultural or timber appraisal;
• the taxable status of the property;
• the local governments which should be taxing the property;
• the ownership of property;
• a change of use of land receiving special appraisal;
• any action taken by the chief appraiser, CAD or Appraisal Review Board ("ARB") that
applies to and adversely affects the property.
If property owners cannot resolve their concern informally with the CAD staff, they may have
their cases heard by the ARB. The ARB is an independent board of citizens that review problems
with appraisals or other concerns listed above. It has the power to order the CAD to make the
necessary changes to solve problems. If a property owner files a written request for an ARB
hearing (called a notice of protest) on or before May 31 (or 30 days after the notice of appraised
value was mailed to the property owner, whichever is later), the ARB will set the case for a
hearing. The property owner will receive written notice of the time, date, and place of the
hearing. After it decides the case, the ARB must send them a copy of its order by certified mail.
If the property owner is not satisfied with the decision, it has the right to appeal. If it chooses to
go to court, the property owner must start the process by filing a petition within 60 days of
the date it receives the ARB's order. In certain cases, as an alternative to filing an appeal in
district court, the property owner may file not later than the 45th day after it receives notice of
the ARB order a request for binding arbitration with the CAD. In certain cases originating in
certain counties, as an alternative to filing an appeal in district court, the property owner may
appeal to the State Office of Administrative Hearings (SOAH). An appeal to SOAH is initiated
by not later than the 30th day after the property owner receives notice of the ARB's order by
filing with the chief appraiser of the CAD a notice of appeal. CAD also takes a similar approach.
TAXATION PROCEDURES
Timeline
The assessment and property tax process for each tax year includes the following steps:
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Dates Event
January 1 CADs are required to appraise property on this date. A lien attaches to
each taxable property to ensure property tax payment.
January 1 - April 30 CAD completes appraisals and processes applications for exemptions.
April - May Appraisal districts send notices of appraised value.
May 1 Appraisal review board begins hearing protests from property owners.
July 1 Local taxing units may impose additional penalties for legal costs related
to collecting unpaid taxes.
August - September Local taxing units adopt tax rates.
October 1 Local taxing units (or county tax assessor -collector, acting on their
behalf) begin sending tax bills to property owners.
January 31 Taxes due to local taxing units (or county tax assessor -collector, if acting
on their behalf).
February 1 Local taxing units begin charging penalty and interest for unpaid tax
bills.
Penalties and Interest
According to the Collin County Tax Collector's offices, If taxes are not paid by January 31St,
penalties and interest will accrue are follows:
If tax paid in:
Penalty
_
Interest _
Total
February
6%
+
1%
= 7%
March
7%
+
2%
= 9%
April
8%
+
3%
= 11%
May
9%
+
4%
= 13%
June
10%
+
5%
= 15%
July
12%
+
6%
= 18%
Penalties reach a maximum of 12% and interest of 1% is added each month after the due date. All
real property accounts not paid in full by June 30th of the year in which they become delinquent
will be referred to the delinquent tax attorney for enforced collection and will incur an additional
penalty equal to 15% - 20% of the total taxes, penalties, and interest due.
Historical Levy and Collection Summary
According to City records, on average 97 percent of real property taxes were paid within the
fiscal year they were levied from 2006 to 2014, as shown below in Table II -A.
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TABLE II -A
Summary of Levy and collections
Year
Total Tax
Levy'
Collected within the
Fiscal Year of the Levy
Amount2 Percentage
Collections
in
subsequent
Years3
2006
$1,186,370
$1,132,491
95.46%
$53,879
2007
$1,541,817
$1,494,560
96.93%
$47,257
2008
$2,038,288
$1,963,103
96.31 %
$75,185
2009
$2,247,895
$2,189,575
97.41%
$58,320
2010
$2,407,914
$2,344,075
97.35%
$63,839
2011
$2,418,445
$2,340,959
96.80%
$77,486
2012
$2,346,442
$2,275,419
96.97%
$71,023
2013
$2,483,857
$2,436,406
98.09%
$47,451
2014
$2,807,140
$2,757,013
98.21%
$50,127
Source: City of Anna audited financial statements
1— Amounts reported as property tax revenue in the city audited financial statements.
2 — Amounts calculated as the difference between property tax revenues and property taxes
receivable as of the end of each fiscal year..
3 — Amounts reported as property taxes receivable as of the end of each year.
Tax Sale
According to the Collin County Tax Collector's website, tax sales are held once orders of sale are
issued from the district courts in reference to tax judgments for delinquent taxes. Real property
being sold as a result of a foreclosure to satisfy delinquent taxes is required by Texas law to be
sold on the first Tuesday of the month. All counties have sales on the same day.
Tax Rates
Tax rates are set on an annual basis by the City. For tax year 2015, the real property tax rate in
the City is $0.639000 per $100 of assessed value.
City tax rates have fluctuated in past years. It is likely that the tax rate will continue to change
overtime; for purposes of this study, however, it is assumed that the tax rate will remain at its
current level in future years. The City intends to apply approximately 50 percent of the
incremental taxes generated from the development of the property in the PID, which property is
also contained in the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the
improvements referenced in this Project and Finance Plan.
Table II-B provides historical tax rates in the City from tax years 2006 to 2015.
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TABLE II-B
City of Anna Historical Tax Rates 2006-2015
Tax Year
City Tax Rate Per $100
Assessed Value
2006
$0.525000
2007
$0.575000
2008
$0.575000
2009
$0.622733
2010
$0.650332
2011
$0.650332
2012
$0.650332
2013
$0.650332
2014
$0.649000
2015
$0.639000
Source: CAD historical tax rates summary
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III. Historical Appreciation in Taxable Values
Property values typically appreciate over time. The City total taxable assessed value (TAV)
information from 2006 to 2015, as shown in the CAD certified totals for tax years 2006 through
2015, indicate that the aggregate TAV for single family homes has increased from year to year
except in 2010 through 2012.
Table III -A shows the average annual appreciation of assessed values in the City from 2006 to
2015. The percentage growth in any given year indicates the appreciation over the prior year and is
not cumulative.
TABLE I11-A
Historical Appreciation in Values
Year
Single
Family (SF)
Homes TAV
New
construction
SF Homes
TAV
Net Existing
SF Homes
TAV
Growth %
Total SF
Homes
Average
Home
Value
Growth %
2006
$199,527,259
$31,604,670
$167,922,589
1984
$100,568
2007
$263,024,626
$28,471,493
$234,553,133
18.19%
2287
$115,009
6.94%
2008
$296,002,445
$11,862,915
$284,139,530
10.06%
2488
$118,972
1.71%
2009
$295,837,682
$5,897,500
$289,940,182
1.02%
2584
$114,488
-1.90%
2010
$288,215,832
$979,167
$287,236,665
-0.47%
2615
$1109216
-1.88%
2011
$282,164,842
$899,486
$281,265,356
-1.04%
2653
$106,357
-1.77%
2012
$287,226,986
$6,014,449
$281,212,537
-0.01%
2859
$100,464
-2.81%
2013
$331,222,971
$21,688,228
$309,534,743
4.91%
3126
$105,957
2.70%
2014
$419,875,700
$30,278,959
$389,596,741
12.19%
3483
$120,550
6.66%
2015
$509,719,967
$36,441,651
$473,278,316
10.22%
3666
$139,040
7.40%
10-Yr Averages
6.12%
1.89%
CAGR - 10 Yr
9.83%
10.92%
3.29%
CAGR -5Yr
12.56%
10.91%
5.51%
CAGR - 3 Yr
15.45%
15.20%
9.48%
Source — Collin CAD certified totals for tax years 2006 through 2015.
Based on the annual appreciation rates shown in Table III -A, the 10-yr average annual growth
rate of average home values from 2006 to 2015 is approximately 1.89 percent, the compound
annual growth rate of average home values from 2006 to 2015 is approximately 3.29 percent, the
compound annual growth rate of average home values from 2011 to 2015 is approximately 5.51
percent and the compound growth rate of average home values from 2013 to 2015 is equal to 9.48
percent. A future annual appreciation rate of 1.89 percent for all property, representing the lowest
average growth rate computed using the three different value estimation bases shown in Table III -
A (total TAV of single family homes, total TAV of single family homes net of new construction
value and average home values) has been used for this study to project future appreciated assessed
values through estimated build out in calendar year 2025 and the estimated home values are held
9
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constant after build out. Based on the historic trends outlined in this section, this rate is believed
to be conservative.
(The remainder of this page is intentionally left blank)
10
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IV. Project Plan
Pursuant to Ordinance No. (the "TIRZ Ordinance"), the City created Reinvestment Zone
No. _, City of Anna, Texas as a TIRZ under the provisions of Chapter 311 of the Texas Tax
Code, as amended. The land within the TIRZ is comprised of approximately 368 acres and is
coterminous with the land within the PID.
As more fully described in subsequent sections of this report, approximately 654 residential
units are planned for the TIRZ. The City is planning to issue bonds for the purpose of
financing public improvements necessary for the improvements in the PID.
Tax increment financing is a redevelopment and financing tool by which governments can
provide financial assistance to fund infrastructure for eligible public and private redevelopment
efforts within an officially designated area of the development. Increases in property tax
revenues, which are generated primarily from new investment in the TIRZ, are allocated to pay
debt service on debt issued to pay for such infrastructure costs within the TIRZ.
LOCATION
The TIRZ is approximately 45 miles from Dallas, Texas, and approximately 70 miles from Fort
Worth, Texas. A map and metes and bounds of the TIRZ, as well as the corresponding proposed
development, are included as Appendix A to this Plan.
ECONOMIC AND DEMOGRAPHIC INFORMATION
According to the City website, the City is located on State Highway 5, Farm Road 455, and U.S.
Highway 75 eleven miles northeast of McKinney in north central Collin County.
According to City -Data, the population of the City has grown by approximately 27.6 percent
between 2010 and 2014 (US Census Bureau quick facts). According to City -Data, the average
unemployment rate of the City was 5 percent, compared to 5.5 percent for the State of Texas and
5.3 percent nationally (City-Data.com/city/Anna-Texas; Bureau of Labor Statistics) for June 2014.
The 2013 median household income for the City was $66,243 and the median home price
was $137,315, compared to the 2013 median household income of $51,704 and the median
home price of $132,000 for the State of Texas (City-Data.com/city/Anna-Texas).
EXISTING USES OF PROPERTY
According to the Developer and CAD records, the property within the TIRZ boundary is
classified as of January 1, 2015 under agricultural land use.
A site map showing the current uses of the property is included as Appendix A to this plan.
PROPOSED DEVELOPMENT
The TIRZ is proposed to be developed as a residential development with 654 residential units and
is proposed to include four types of single family residential lots. The property in the TIRZ is
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anticipated to be developed into 49 100-ft lots, 55 90-foot lots, 185 80-foot lots and 365 70-foot
lots to be developed in approximately three phases. Table IV -A summarizes the projected
development of the TIRZ. Detailed estimation of absorption for the development as provided by
the Developer on an annual basis is shown in Appendix D attached hereto.
Appendix A at the end of this section provides a concept plan for the proposed development
within the TIRZ.
TABLE IV -A
Summary of Proposed Development
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
55 units
80 Ft Lots
185 units
70 Ft Lots
365 units
Total
654 units
Table IV-B below shows the proposed residential development within Phase 1.
Table IV-B
Proposed Development —Phase 1
Proposed Lot Type
Quantity
90 Ft Lots
19 units
80 Ft Lots
103 units
70 Ft Lots
85 units
Total
207 units
Table IV-C on the following page shows the proposed residential lot types within the remaining
future phases.
Table IV-C
Proposed Development — Future Phases other than Phase 1
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
36 units
80 Ft Lots
82 units
70 Ft Lots
280 units
Total
447 units
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PROPOSED CHANGES
Details regarding the proposed zoning for the development, which are included in the Subdivision
Improvement Agreement between the Developer and the City (the "Subdivision Improvement
Agreement") dated as of March 11, 2015, are shown as Appendix G to this plan.
ESTIMATED NONPROJECT COSTS
According to the project engineer, the total estimated amount of improvements planned to be
constructed for the development is $45,407,244. As shown in Table V-A of this Project and
Finance Plan, the total estimated amount of Project Costs eligible for TIRZ incremental revenue
financing is $11,395,326. As a result, the total amount of public improvement costs that are not
eligible for TIRZ incremental revenue financing ("Nonproject Costs") is estimated to be
$34,011,918. Table IV-D shows a detailed list of these Nonproject Costs for public improvements
as provided by the project engineer.
Table IV-D
Estimated Nonproject Costs
Total
Description
Estimated Costs
Improvements:
Road Improvements
$16,487,798
Water Distribution System Improvements
$2,579,602
Sanitary Sewer Collection System Improvements
$7,093,708
Storm Drainage Collection System Improvements
$1,520,401
Other Costs
$11,919,282
Subtotal: Estimated improvement costs
$39,600,791
Soft costs including engineering and testing
$337,515
estimated bond issuance costs details in Appendix B
$5,468,938
Subtotal: Estimated soft costs
$5,806,453
Grand Total Improvement + Soft Costs
$45,407,244
Less: Project Costs,
($11,395,326)
Total Nonproject Costs
$34,011,918
1 — The Project Costs shown here include the estimated Developer funded portion of $485,663. See Table V-A for details.
METHOD OF RELOCATION
The proposed development is being developed on vacant land. Accordingly, there are no persons
to be relocated as a result of implementing the plan.
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V. Financing Plan
PROJECT COSTS
Section 311.002 of the Tax Increment Financing Act defines project costs as "the expenditures
made or estimated to be made and monetary obligations incurred or estimated to be incurred by the
municipality or county designating a reinvestment zone that are listed in the project plan as costs of
public works, public improvements, programs, or other projects benefiting the zone, plus other costs
incidental to those expenditures and obligations." Project costs include:
(A) capital costs, including the actual costs of the acquisition and construction of public works,
public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition,
demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and
fixtures; the actual costs of the remediation of conditions that contaminate public or private
land or buildings; the actual costs of the preservation of the facade of a public or private
building; the actual costs of the demolition of public or private buildings; and the actual costs of
the acquisition of land and equipment and the clearing and grading of land;
(B) financing costs, including all interest paid to holders of evidences of indebtedness or other
obligations issued to pay for project costs and any premium paid over the principal amount of
the obligations because of the redemption of the obligations before maturity;
(C) real property assembly costs;
(D) professional service costs, including those incurred for architectural, planning, engineering, and
legal advice and services;
(E) imputed administrative costs, including reasonable charges for the time spent by employees of
the municipality or county in connection with the implementation of a project plan;
(F) relocation costs;
(G) organizational costs, including the costs of conducting environmental impact studies or other
studies, the cost of publicizing the creation of the zone, and the cost of implementing the project
plan for the zone;
(H) interest before and during construction and for one year after completion of construction,
whether or not capitalized;
(1) the cost of operating the reinvestment zone and project facilities;
(J) the amount of any contributions made by the municipality or county from general revenue
for the implementation of the project plan;
(K) the costs of school buildings, other educational buildings, other educational facilities,
or other buildings owned by or on behalf of a school district, community college district, or
other political subdivision of this state; and
(L) payments made at the discretion of the governing body of the municipality or county that the
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governing body finds necessary or convenient to the creation of the zone or to the
implementation of the project plans for the zone.
The estimated project costs for the development are presented in Table V-A below. The detailed
project costs are presented in Appendix C of this plan.
Table V-A
Estimated TIRZ Project Costs
Project Costs
Total Estimated
Project Costs
Road Improvements
$5,567,504
Water Distribution System Improvements
$248,543
Sanitary Sewer Collection System Improvements
$2,069,616
Less: Developer funded portion
485 663
Subtotal:
$7,400,000
Other estimated bond issuance related costs (details in
Appendix B)
$3,509,663
Total Estimated Project Costs
$10,909,663
According to the Subdivision Improvement Agreement between the Developer and the City, the total
construction cost portion of the Project Costs to be funded with the TIRZ increments is limited to
$7,400,000. As a result, the total Project Costs eligible for TIRZ financing is equal to $10,909,663
($7,400,000 + $3,509,663). Appendix F shows the estimated net bond debt service obligation related
to the Project Costs is estimated to be $27,263,218. According to the Subdivision Improvement
Agreement, the maximum amount of City commitments as TIRZ contribution is set not to exceed
$21,048,883. See Appendix F for detailed calculations of these amounts.
DESCRIPTION OF TIRZ PROJECTS
The public improvements to be financed as TIRZ Projects include roadway, water and sewer
improvements along FM 455, roadway, water and sewer improvements related to four collector roads,
gravity mains, lift stations and trunk improvements (the "TIRZ Projects") detailed in Appendix B.
The estimated costs of the TIRZ Projects eligible for financing through TIRZ incremental revenues
are shown in Table V-A. The costs shown are estimates and may be revised in the future, including
the addition of such other improvements as deemed necessary to further improve the properties within
the TIRZ.
METHOD OF FINANCING
On February 24, 2015, the City of Anna City Council passed and approved Resolution No. 2015-
02.13 approving and authorizing the creation of the PID to finance the costs of certain public
improvements for the benefit of property in the PID, all of which is within the City. The PID and
the TIRZ boundaries are coterminous.
The property in the PID is proposed to be developed in approximately three phases, and the PID will
finance improvements for each phase as each phase is developed. Assessments will be imposed on
the all property in the PID for the improvements that benefit the entire PID and on the property in
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Draft
each phase for the public improvements to be provided for that phase. As described in the Service and
Assessment Plan of the PID (the "SAP"), the City will issue bonds (the "PID Bonds") in order to
finance the improvements. The PID Bonds will be issued to finance the project costs shown in Table
V-A and other project improvement costs not covered by the TIRZ.
The City intends to apply 50 percent of the incremental taxes generated and collected from the
development of the property in the PID (the "TIRZ Revenues"), which property is also contained in
the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the improvements
referenced in this Project and Finance Plan.
The City has agreed to use TIRZ Revenues generated from each parcel within the TIRZ to offset a
portion of the annual installments of the PID Assessment (the "Annual Installments") on the parcel
for the Project Costs (the "TIRZ Credit"). The PID Annual Installment for each Parcel shall be
calculated by taking into consideration any TIRZ Credit collected from each parcel in the
immediately preceding year applicable to each respective parcel.
ESTIMATED BONDED INDEBTEDNESS
The project costs are anticipated to be financed with PID Bonds, which may be issued in multiple
series.
Table V-B below shows the estimated sources and uses of the PID Bonds anticipated to be issued to
finance the major improvements including the Project Costs. The detailed estimated annual PID Bond
debt service schedule and the prorated debt service schedule related to the Project Costs are shown in
Appendix C to this plan.
Table V-B
Estimated Sources and Uses — PID Bonds
PID Bonds
City Major
Other Major
Sources of Funds
Improvements
Improvements
Total
Estimated Bond par amount
$10,909,663
$6,090,337
$17,000,000
Total Sources
$10,909,663
$6,090,337
$17,000,000
Uses of Funds
Major Improvements
Road improvements
$5,224,612
$1,982,947
$6,501,891
Water distribution system improvements
$233,236
$158,806
$248,543
Sanitary sewer improvements
$1,942,152
$246,399
$4,443,113
Storm drainage improvements
$0
$0
$0
Other soft and miscellaneous costs
$0
$395,933
$337,515
Subtotal
$7,400,000
$2,784,085
$11,531,062
Estimated Bond issue costs
$3,509,663
$1,959,275
$5,468,938
Total Uses
$10,909,663
$4,743,360
$17,000,000
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ESTIMATED TIME OF EXPENDITURE
Total public improvement costs in the estimated amount of $45,407,244 including the total Project
Costs, are anticipated to be expended beginning 2016 through 2023.
CURRENT TOTAL APPRAISED VALUES
According to the Developer, there are five current parcels within the TIRZ boundary. According to
the Collin CAD records, the 2015 total market value for the three parcels is $2,455,530. The total
acreage of the three current parcels is 368 acres.
Table V-C
Current (2015) Appraised Values
Parcel ID
Acreage
2015
Assessed Value'
Collin County
2719039
181.89
$0
1001356
32.90
$493,455
2719040
22.28
$0
1007412
58.00
$870,000
2518072
73.96
$1,092,075
Total
369.03
$2,455,530
1 —The 2015 assessed value represents the 2015 market value shown in the
Collin CAD records for the parcels, although the parcels are classified as
agricultural use.
DURATION OF THE TIRZ
The TIRZ will last for a total of 30 years or until the estimated maximum amount of $21,048,883
representing the prorated amount of total bond obligations related to the TIRZ Project Costs is
expended, whichever occurs earlier. The TIRZ duration covers the tax years 2016 through tax year
2045. Pursuant to the Subdivision Improvement Agreement, the TIRZ Revenues may be used to offset
PID Annual Installments through December 31, 2047. See Appendix C for the detailed calculation of
the prorated amount of total bond obligations.
PROJECTED MARKET AND ASSESSED VALUE
As described in the discussion on assessment procedures in the appraisal district, assessed values are
based on values as appraised by CAD, which, in turn, are meant to represent fair market value of the
properties. Different property types may be appraised using different methods, as described in
Section II of this report. This section of the report includes the estimated assessed value and an
explanation of the methodology used for each of the proposed development types of the TIRZ.
17
Draft
Assumptions
The properties are first assumed to be on the tax roll as developed property based on estimates of
when the property will be substantially completed. No interim construction values are estimated in
this report. For each property type, this study estimates future absorption based on the projected
absorption as provided in the Developer's pro forma.
As stated in Section V, the development plan for the District includes approximately 654 residential
units. Based on the projected absorption from the developer's pro forma provided to the City, this
plan assumes that the residential development will be built -out beginning in calendar year 2017 and
continuing through calendar year 2025.
For purposes of this plan, it is assumed that the project is absorbed at the pace contemplated by the
Developer. According to the Developer, the sale of residential units is expected to start in 2017 and
continue until the units are fully absorbed by calendar year 2025. Accordingly, the residential units
are assumed to appear in the tax roll starting January 2018. Refer to Appendix D for detailed annual
absorption figures.
PROJECTED BASE SALES PRICES
The projected average base homes prices for the residential units in the development as estimated by
the developer are shown in Table V-D.
TABLE V-D
Base Asking Price Per Unit
Project/Building
Units
Price Per Unit
100 ft residential units
49
$475,000
90 ft residential units
85
$427,500
80 ft residential units
185
$380,000
70 ft residential units
365
$332,500
Total
654
Source: the lot type, estimated units and projected asking prices are provided by the Developer.
While it is possible that home buyers might negotiate the asking price, it is also believed that any
discount from the base price will be offset by charges for buyer options such as exterior and interior
finish upgrades, premium lot locations, and other potential upgrades. Therefore, this study
assumes that units at the subject site achieve the average base asking average prices per unit shown in
Table V-E.
PROJECTED MARKET AND ASSESSED VALUE
Based on the projected development and estimated home base asking price per unit outlined in Table
V-D, the total projected assessed value for the development is shown in Table V-E. The total values
shown in these tables assume full build -out and stabilized values using 2015 dollars. Detailed
calculations of values are shown in the attached Appendices G at completion in tax year 2026. This
18
Draft
study assumes an inflation rate of 1.89 percent based on the 10-year average annual growth rate
of average home values calculated and shown in Table III -A in order to account for the effect of
market appreciation.
INCREMENTAL ASSESSED VALUES
As described in Section II of this Plan, the State of Texas mandates that property must be assessed
at its market value. Projected incremental assessed value at full build -out is shown in Table V-E.
TABLE V-E
Projected Incremental Values at Full Build -Out
Estimated Build -out Tax Year
Pro'ected Value
Base Value
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
Detailed calculations of incremental values are included in Appendices E and F to this plan.
CALCULATION OF INCREMENTAL TAX REVENUE
The increase in property value created within the TIRZ will produce additional real property taxes.
In accordance with Texas statute, this incremental revenue is calculated by subtracting the base
value from the new total assessed value to get the net incremental value, which is then multiplied
by the applicable tax rate to determine the incremental tax revenue. Currently, the tax rate for the
City is $0.639000 per $100 assessed value, as described in Section II of this report.
The aggregate base value for properties located within the TIRZ is $2,455,530 based on the 2015
market values of the parcels in the TIRZ shown in the CAD records. At completion of the
development, the property in the TIRZ is estimated to have an assessed value of $264,349,727 in
tax year 2026 using an assumed inflation rate of 1.89 percent per year through tax year 2026.
Incremental value is, therefore, estimated to be $261,894,197.
Total projected incremental taxes are as shown in the following calculations.
(Incremental Assessed Value) - 100 x (Tax Rate) = Incremental Real Property Tax
$261,894,197 - 100 x $0.639000 = $1,673,504
Appendices E and F include detailed calculations of projected incremental taxes.
Section II of this report describes various exemptions and credits that are available to certain
properties within the City. For the purposes of this report, no credits are assumed to pertain to the
property within the TIRZ. Therefore, total estimated tax increment revenues at full build -out of
Phase 1 are as shown in Table V-F.
19
Draft
TABLE V-F
Projected Incremental Taxes
Cumulative Total Through
Estimated Build -out Annual Incremental Taxes at Calendar Year Tax
Tax Year Build -Out I Year 2045
2026 $1,673,504 $39,730,436
'The analyses assume full build -out in calendar year 2025.
Detailed calculations of these figures are included in the attached Appendices E and F.
Pursuant to the TIRZ ordinance, the City has committed to use 50 percent of the incremental taxes
collected for the payment of a portion of the debt service on the PID Bonds that have been issued to
finance the projects described in this Project and Finance Plan. As a result, the total estimated tax
increment revenues available for the payment of debt service at full build -out are as shown
below in Table V-G.
TABLE V-G
Projected Incremental Taxes
Available for TIRZ Proiects
Annual Annual Incremental Taxes
Incremental available for payment of
Build -out Taxes at PID Bond
Tax Year Build -Out debt service Daywent
2026 $1,673,504 $19,865,218
PLAN FEASIBILITY
As explained in the previous sections of this plan, the development is proposed to be developed
on a vacant land. As shown in Table V-D, the current aggregate assessed value of the property in
the development is $2,455,530 (shown as market value in the CAD records).
Projected Absorption and Projected Build -out Total Home Values
The development is projected to be fully built -out by tax year 2026 based on the preliminary
absorption estimated by the Developer. Phase 1 is anticipated to be fully built out by calendar
year 2019. Phase 2 is anticipated to begin in the final previous Phase build -out year and is
anticipated to be fully built by calendar year 2023. Phase 3 is anticipated to begin in calendar year
2022 while Phase 2 is still underway and anticipated to be fully built out by calendar year 2025 as
shown in Table V-H.
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Draft
Table V-H
Estimated Build -out by Current and Future Phases
Phase
Estimated Build
out year
No of
Units
Cumulative
No. of Units
1
2019
207
207
2 and 3
2025
447
654
Note: Phase 2 and 3 are shown together as Phase 3 is anticipated to commence in
2022 before Phase 2 is fully built out.
The detailed absorption is presented in Appendix D as estimated by the Developer for each Lot
Type.
The aggregate home value in the TIRZ is estimated to be $81.4 million based on the estimated
absorption and projected home values provided by the Developer once Phase 1 is fully built. The
aggregate home value in the District is estimated to be $264.3 million once Phase 2 and 3 are
fully built. Table IV -I below shows the estimated total home values by Phase once each Phase is
fully built.
Table V-I
Estimated Build -out by Current and Future Phases
Projected
Taxable
Estimated Build
Values at
Phase
No of Units
out year
Build out
1
207
2019
$81,410,037
2 and 3
447
2026
$182,939,690
Total
654
$264,349,727
Assuming the development is completed as planned, the proposed development is projected to
generate an aggregate of $39.7 million in incremental taxes under a 1.89 estimated annual
appreciation through build out over 30 years as shown in Table V-F. 50 percent of such annual
TIRZ incremental revenues generated up to a maximum total amount of $21,048,883 are
committed to be used for the payment of debt service on the PID Bonds used to finance the TIRZ
Projects while the TIRZ is in existence As a result, the proposed plan of financing the project
costs appears feasible.
21
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VI. Assumptions & Limitations
The valuation of property for real property tax purposes is determined by the CAD. This plan
attempts to estimate how the CAD may estimate the value of the subject properties in the
future. The values estimated by the CAD will almost certainly differ from the estimates
included in this report. Values can change significantly over time, and these changes can be
significantly higher or lower than values in previous years. Determining property values for
tax purposes is not as straight forward or as simple as the analysis in this report. Many
factors not considered in this report may impact actual future values. Furthermore, property
values are not likely to be consistent from year to year.
The CAD often relies on market data to estimate the value of property. Property values can
be appealed, competition can be greater, national or local market conditions can change; in
short, there are many factors that can affect the valuation of property. These factors make
the projection of future values an imprecise exercise. The successful development of the
subject properties is critical to the values estimated in the report.
This report has assumed property taxes are paid as due. This study does not include an
analysis to determine if the owners of property within the TIRZ will be able or willing to
pay property taxes or if the tax collector will be able to collect unpaid taxes. The actual
delinquencies in the payment of real property taxes in the TIRZ will likely be different than
assumed in this report and a significant increase in the failure to pay property taxes would
materially affect the tax increment revenues available for debt service on the bonds.
This report estimates future tax increment revenues based on current real property tax rates.
Scenarios do not assume real property tax rates in the future will be different than tax rates
for tax year 2015. Real property tax rates have varied over the years and have declined over
the years. Real property tax rates will likely vary significantly in future years and be
different than assumed in this report and a significant decrease in real property tax rates could
materially affect the tax increment revenues available for debt on the bonds.
This report includes projections of tax increment revenues based on 1.89 percent annual
appreciation for real property. Changes in values may not be consistent from year to year.
Future values are estimated based on estimated values in 2015. Values in any future year may
be less than the estimated values in 2015.
This report assumes that the subject properties will be developed as projected in this report.
A delay in the development of properties or changes to the program of development would
reduce tax increment revenues during the years of the delay and could result in there being
inadequate tax increment revenues to pay debt service on the bonds. No analysis has been
conducted to determine if the subject properties are likely to be developed as projected.
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Numerous sources of information were relied on in the preparation of this report. These
sources are believed to be reliable; however, no effort has been made to verify information
obtained from other sources.
In summary, this report necessarily incorporates numerous estimates and assumptions with
respect to property performance, general and local business and economic conditions, the
absence of material changes in the competitive environment and other matters. Some
estimates or assumptions will inevitably not materialize and unanticipated events and
circumstance will occur. As a result, actual results will vary from the estimates in this report
and the variations may be material.
Other assumptions made in the preparation of this report and limiting conditions to this report
are as follows:
1. There are no zoning, building, safety, environmental or other federal, state, or
local laws, regulations, or codes that would prohibit or impair the development,
marketing or operation of the subject properties in the manner contemplated in
this report, and the subject properties will be developed, marketed and operated in
compliance with all applicable laws, regulations, and codes.
2. No material changes will occur in (a) any federal, state or local law, regulation or
code affecting the subject properties or (b) any federal, state or local grant,
financing or other program to be utilized in connection with the subject
properties.
3. The local, national and international economies will not deteriorate and there will
be no significant changes in interest rates or in rates of inflation or deflation.
4. The subject properties will be served by adequate transportation, utilities and
governmental facilities.
5. The subject properties will not be subjected to any war, energy crises, embargo,
strike, earthquake, flood, fire or other casualty or act of God.
6. The subject properties will be developed, marketed, and operated in a highly
professional manner.
7. There are no existing, impending or threatened litigation that could hinder the
development, marketing, or operation of the subject properties.
8. MuniCap, Inc. does not have expertise in and has no responsibility for legal,
environmental, architectural, geologic, engineering, and other matters related to
the development and operation of the subject properties.
23
Draft
Appendix A
24
N 89°52'55"E
465.63'
N89°11'00"E
10'57"W
794.06'
2 32.18'
32.
N89°15'32"E, 742.56'
S90°00'00'E, 1755.97'
N89°5612" 71184.36'
S01 °06'39" E
R=700.00' 55.96'
=205,39' —�
D=16°48'41"
M.
'o �?
CD=204.65
S 15°42'02"W, 121.60'
R=700.00'
Ld
=205.39'
D=16°48'41"
co
CB=S7°17'41" W
d
CD=204.65
z
R=699.99'
N23°08'27"W
=116.43'
67.47'
D=9°31'48"
N88°26'26"W
CB=S3°39'15"W
365.15'
CD=116.30
R=700.03'
=101.69'
D=8° 19'23"
o
CB=S4°15'28"W
00
CD=101.60
co
R=700.00'
`-
=530.61'
Ld
D=43°25'52"
CB=S21 °48'40"W
co
CD=518.00
M
M
R=400.00'
S43°31'37"W, 310.13'
o
=25.41'
z
D=00°02'48"
CB=S43°40'02"W
N89°58'14"W 849.21'
CD=25.41
sc v
S00°56'1IT
265.80'
N89°44'50"
587.06'
4'27"W
387. 1'
,=L==
PELOTON
I I
LAND SOLUTIONS
lW75 MHN W.
FLLIOTT DR. STE 4W I FMSCO, TX 7WM I469 2I3-16W
EXHIBIT A - DEPICTION OF PROPERTY
VILLAGES OF
HURRICANE CREEK
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75
24
Appendix B
Estimated Improvement Costs
Description
Project Costs
Non-TIRZ Major
Improvement Costs
Other Costs
Total Costs
Road Improvements
FM 455 road improvements
$907,882
$0
$0
$907,882
Collector A road improvements
$286,387
$0
$0
$286,387
Collector B road improvements
$1,403,833
$181,671
$0
$1,585,504
Collector C road improvements
$2,654,816
$637,073
$0
$3,291,889
Collector D road improvements
$314,586
$115,643
$0
$430,229
Other road improvements
$0
$0
$9,985,907
$9,985,907
Subtotal
$5,567,504
$934,387
$9,985,907
$16,487,798
Water Distribution System Improvements
water improvements along FM 455
$20,897
$0
$0
$20,897
water improvements along Collector A
$32,289
$0
$0
$32,289
water improvements along Collector B
$15,375
$0
$0
$15,375
water improvements along Collector C
$179,982
$0
$0
$179,982
Other water improvements
$0
$0
$2,331,059
$2,331,059
Subtotal
$248,543
$0
$2,331,059
$2,579,602
Sanitary Sewer Collection System Improvements
Throckmorton LS to NTMWD sewer improvements
$1,583,741
$0
$0
$1,583,741
Lift station trunk sewer FM sewer'
$485,875
$0
$0
$485,875
Other sewer improvements
$0
$2,373,497
$2,650,595
$5,024,092
Subtotal
$2,069,616
$2,373,497
$2,650,595
$7,093,708
Storm Drainage Collection System Improvements
Drainage improvements
$0
$0
$1,520,401
$1,520,401
Subtotal
$0
$0
$1,520,401
$1,520,401
Other Costs
Land costs
$0
$0
$8,000,000
$8,000,000
Amenity center
$0
$0
$2,000,000
$2,000,000
Trail system
$0
$0
$600,000
$600,000
Retaining walls
$0
$0
$784,800
$784,800
Miscellaneous costs
$0
$0
$534,482
$534,482
Subtotal
$0
$0
$11,919,282
$11,919,282
Soft Costs
Flood study
SWPPP and final platting fees
Engineering review
Geotechnical testing
Subtotal
Total Estimated Construction Costs
Less: Estimated Developer funded portion
Subtotal
Estimated Bond issuance related costs
Estimated capitalized interest
Estimated debt service reserve
Other estimated bond issuance related costs
Subtotal
$0
$25,000
$0
$25,000
$0
$12,595
$0
$12,595
$0
$5,000
$0
$5,000
$0
$294,920
$0
$294,920
$0
$337,515
$0
$337,515
$7,885,663
$3,645,399
$28,407,244
$39,938,306
($485,663)
$7,400,000
$1,527,353 $852,647 $0 $2,380,000
$872,773 $487,227 $0 $1,360,000
$1,109,537 $619,401 $0 $1,728,938
$3,509,663 $1,959,275
$0 $5,468,938
Total Estimated Costs $10,909,663 $5,604,674 $28,407,244 $45,407,244
Draft
Draft
Appendix C
MuniCap 126
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule C: Estimated Bond Debt Service - PID Bonds
Total
Principal and
Prepayment
Delinquency
Total Bond
Year
Principal
Coupon
Interest
Interest
Reserve
Reserve
Debt Service
1
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
2
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
3
$194,000
7.000%
$1,190,000
$1,384,000
$34,000
$51,000
$1,469,000
4
$208,000
7.000%
$1,176,420
$1,384,420
$33,612
$50,418
$1,468,450
5
$224,000
7.000%
$1,161,860
$1,385,860
$33,196
$49,794
$1,468,850
6
$241,000
7.000%
$1,146,180
$1,387,180
$32,748
$49,122
$1,469,050
7
$259,000
7.000%
$1,129,310
$1,388,310
$32,266
$48,399
$1,468,975
8
$278,000
7.000%
$1,111,180
$1,389,180
$31,748
$47,622
$1,468,550
9
$299,000
7.000%
$1,091,720
$1,390,720
$31,192
$46,788
$1,468,700
10
$322,000
7.000%
$1,070,790
$1,392,790
$30,594
$45,891
$1,469,275
11
$346,000
7.000%
$1,048,250
$1,394,250
$29,950
$44,925
$1,469,125
12
$372,000
7.000%
$1,024,030
$1,396,030
$0
$73,145
$1,469,175
13
$400,000
7.000%
$997,990
$1,397,990
$0
$71,285
$1,469,275
14
$430,000
7.000%
$969,990
$1,399,990
$0
$69,285
$1,469,275
15
$462,000
7.000%
$939,890
$1,401,890
$0
$67,135
$1,469,025
16
$496,000
7.000%
$907,550
$1,403,550
$0
$64,825
$1,468,375
17
$534,000
7.000%
$872,830
$1,406,830
$0
$62,345
$1,469,175
18
$574,000
7.000%
$835,450
$1,409,450
$0
$59,675
$1,469,125
19
$617,000
7.000%
$795,270
$1,412,270
$0
$56,805
$1,469,075
20
$663,000
7.000%
$752,080
$1,415,080
$0
$53,720
$1,468,800
21
$713,000
7.000%
$705,670
$1,418,670
$0
$50,405
$1,469,075
22
$766,000
7.000%
$655,760
$1,421,760
$0
$46,840
$1,468,600
23
$824,000
7.000%
$602,140
$1,426,140
$0
$43,010
$1,469,150
24
$885,000
7.000%
$544,460
$1,429,460
$0
$38,890
$1,468,350
25
$952,000
7.000%
$482,510
$1,434,510
$0
$34,465
$1,468,975
26
$1,023,000
7.000%
$415,870
$1,438,870
$0
$29,705
$1,468,575
27
$1,100,000
7.000%
$344,260
$1,444,260
$0
$24,590
$1,468,850
28
$1,182,000
7.000%
$267,260
$1,449,260
$0
$19,090
$1,468,350
29
$1,271,000
7.000%
$184,520
$1,455,520
$0
$13,180
$1,468,700
30
$1,365,000
7.000%
$95,550
$1,460,550
$0
$6,825
$1,467,375
Total
$17,000,000
$24,898,790
$41,898,790
$357,306
$1,421,179
$43,677,275
Draft
Breakdown of Estimated Bond Debt Service Payments
City Major Improvements Portion
64.17% 35.83%
Major Improvement Bonds
TIRZ Major Improvements
Other Major Improvements
Estimated
Total
TIRZ Admin
Combined
Year
Principal' Interest'
Principah Interest
Expenses
Obligations
1
$0
$818,225
$0
$456,775
$0
$1,275,000
2
$0
$818,225
$0
$456,775
$30,000
$1,305,000
3
$124,499
$818,225
$69,501
$456,775
$30,000
$1,499,000
4
$133,483
$808,887
$74,517
$451,563
$30,000
$1,498,450
5
$143,751
$798,876
$80,249
$445,974
$30,000
$1,498,850
6
$154,661
$788,095
$86,339
$439,955
$30,000
$1,499,050
7
$166,212
$776,495
$92,788
$433,480
$30,000
$1,498,975
8
$178,405
$764,029
$99,595
$426,521
$30,000
$1,498,550
9
$191,882
$750,649
$107,118
$419,051
$30,000
$1,498,700
10
$206,642
$736,258
$115,358
$411,017
$30,000
$1,499,275
11
$222,044
$720,760
$123,956
$402,365
$30,000
$1,499,125
12
$238,729
$704,106
$133,271
$393,069
$30,000
$1,499,175
13
$256,698
$686,202
$143,302
$383,073
$30,000
$1,499,275
14
$275,950
$666,949
$154,050
$372,326
$30,000
$1,499,275
15
$296,486
$646,253
$165,514
$360,772
$30,000
$1,499,025
16
$318,305
$624,017
$177,695
$348,358
$30,000
$1,498,375
17
$342,692
$600,144
$191,308
$335,031
$30,000
$1,499,175
18
$368,362
$574,442
$205,638
$320,683
$30,000
$1,499,125
19
$395,957
$546,815
$221,043
$305,260
$30,000
$1,499,075
20
$425,477
$517,118
$237,523
$288,682
$30,000
$1,498,800
21
$457,564
$485,207
$255,436
$270,868
$30,000
$1,499,075
22
$491,577
$450,890
$274,423
$251,710
$30,000
$1,498,600
23
$528,798
$414,022
$295,202
$231,128
$30,000
$1,499,150
24
$567,944
$374,362
$317,056
$208,988
$30,000
$1,498,350
25
$610,941
$331,766
$341,059
$185,209
$30,000
$1,498,975
26
$656,505
$285,945
$366,495
$159,630
$30,000
$1,498,575
27
$705,919
$236,708
$394,081
$132,142
$30,000
$1,498,850
28
$758,542
$183,764
$423,458
$102,586
$30,000
$1,498,350
29
$815,658
$126,873
$455,342
$70,827
$30,000
$1,498,700
30
$875,982
$65,699
$489,018
$36,676
$30,000
$1,497,375
31
$0
$0
$0
$0
$0
$0
Total
$10,909,663
$17,120,005
$6,090,337
$9,557,270
$870,000
$44,547,275
1- The estimated principal and interest shares of the TIRZ Major Improvements are calculated as 64.17% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
1 -The estimated principal and interest shares of the Non-TIRZ Major Improvements are calculated as 35.83% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
Draft
Draft
Appendix D
MuniCap 127
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule D: Projected Absorption - All Phases
Assessment
Year
Year
TIRZ Fiscal
Year
Ending
1-Jan-16
1
30-Sep-17
1-Jan-17
2
30-Sep-18
1-Jan-18
3
30-Sep-19
1-Jan-19
4
30-Sep-20
1-Jan-20
5
30-Sep-21
1-Jan-21
6
30-Sep-22
1-Jan-22
7
30-Sep-23
1-Jan-23
8
30-Sep-24
1-Jan-24
9
30-Sep-25
1-Jan-25
10
30-Sep-26
1-Jan-26
11
30-Sep-27
1-Jan-27
12
30-Sep-28
1-Jan-28
13
30-Sep-29
1-Jan-29
14
30-Sep-30
1-Jan-30
15
30-Sep-31
1-Jan-31
16
30-Sep-32
1-Jan-32
17
30-Sep-33
1-Jan-33
18
30-Sep-34
1-Jan-34
19
30-Sep-35
1-Jan-35
20
30-Sep-36
1-Jan-36
21
30-Sep-37
1-Jan-37
22
30-Sep-38
1-Jan-38
23
30-Sep-39
1-Jan-39
24
30-Sep-40
1-Jan-40
25
30-Sep-41
1-Jan-41
26
30-Sep-42
1-Jan-42
27
30-Sep-43
1-Jan-43
28
30-Sep-44
1-Jan-44
29
30-Sep-45
1-Jan-45
30
30-Sep-46
1-Jan-46
31
30-Sep-47
1-Jan-47
32
30-Sep-48
1-Jan-48
33
30-Sep-49
Lot Type 1 (100' Lot)
Annual Cumulative
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
25
25
24
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
Lot Type 2 (90' Lot)
Annual
Cumulative
0
0
0
0
1
1
4
5
4
9
4
13
4
17
2
19
11
30
25
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
Lot Type 3 (80' Lot)
Annual Cumulative
0
0
0
0
22
22
44
66
37
103
24
127
13
140
24
164
21
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
Lot Type 4 (70' Lot)
Annual
Cumulative
0
0
0
0
24
24
48
72
13
85
64
149
64
213
59
272
64
336
29
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
Annual
0
0
47
96
54
92
81
85
96
79
24
0
0
0
0
Total
Cumulative
0
0
47
143
197
289
370
455
551
630
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
Total 49 365 654
Note: The projected absorption schedule is provided by the developer.
MuniCap, Inc.
Draft Draft
Draft
Appendix E
MuniCap 128
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule E: Projected Assessed Value - All Phases
Total
TIRZ Fiscal
1.89%
Lot Type 1 (100' Lot)
Lot Type 2 (90' Lot)
Lot Type 3 (80' Lot)
Lot Type 4 (70' Lot)
Estimated
Estimated
Estimated
Assessment
Year
Inflation
Value Per
Market
Value Per
Market
Value Per
Market
Value Per
Market
Market
Assessment
Assessed
Year
Year
Ending
Factor'
Units
Unit`
Value
Units
Unit`
Value
Units
Unit'
Value
Units
Unit
Value
Value
Rate'
Value
1-Jan-16
I
30-Sep-17
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
I-Jan-17
2
30-Sep-18
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
1-Jan-18
3
30-Sep-19
100.0%
0
$483,994
$0
1
$435,595
$435,595
22
$387,196
$8,518,303
24
$338,796
$8,131,107
$17,085,005
94%
$15,998358
IJan- 19
4
30-Sep-20
101.9%
0
$493,159
$0
5
$443,843
$2,219,217
66
$394,527
$26,038,810
72
$345,212
$24,855,228
$53,113,255
94%
$49,735,126
I-Ian-20
5
30-Sep-21
103.8%
0
$502,498
$0
9
$452,248
$4,070,231
103
$401,998
$41,405,805
85
$351,748
$29,898,609
$75,374,645
94%
$70,580,639
I-Jan-21
6
30-Sep-22
105.8%
0
$512,013
$0
13
$460,812
$5,990,550
127
$409,610
$52,020,502
149
$358,409
$53,402,936
$111,413,987
94%
$104,327,793
1-Jan-22
7
30-Sep-23
107.8%
0
$521,708
$0
17
$469,537
$7,982,135
140
$417,367
$58,431,314
213
$365,196
$77,786,687
$144,200,136
94%
$135,028,664
1-Jan-23
8
30-Sep-24
109.8%
0
$531,587
$0
19
$478,428
$9,090,139
164
$425,270
$69,744,228
272
$372,111
$101,214,184
$180,048,552
94%
$168,597,035
I-Jan-24
9
30-Sep-25
111.9%
0
$541,653
$0
30
$487,488
$14,624,634
185
$433,322
$80,164,660
336
$379,157
$127,396,811
$222,186,105
94%
$208,054,540
I-Jan-25
10
30-Sep-26
114.0%
25
$551,910
$13,797,743
55
$496,719
$27,319,531
185
$441,528
$81,682,639
365
$386,337
$141,012,934
$263,812,847
94%
$247,033,722
I-Jan-26
11
30-Sep-27
116.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-27
12
30-Sep-28
118.4E
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-28
13
30-Sep-29
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-29
14
30-Sep-30
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-30
15
30-Sep-31
118A%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-31
16
30-Sep-32
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-32
17
30-Sep-33
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-33
18
30-Sep-34
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-34
19
30-Sep-35
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-35
20
30-Sep-36
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-36
21
30-Sep-37
118,4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-37
22
30-Sep-38
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-38
23
30-Sep-39
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-39
24
30-Sep-40
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-40
25
30-Sep-41
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-41
26
30-Sep-42
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-42
27
30-Sep-43
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-43
28
30-Sep-44
118.4E
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652.
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-44
29
30-Sep-45
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-45
30
30-Sep-46
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
MuniCap, Inc.
t The estimated annual growth rate is calculated as the ten-year average annual growth rate of average home values in the city.
2 Estimated value per unit based on information provided by the developer.
3 The projections assume that the assessed value is approximately 94 percent of the estimated sales price as reported by the developer with 1.89% annual inflation factor. The 6% reduction is based on the ten-year average total exemption to taxable value ratios.
Draft Draft
Draft
Appendix F
MuniCap 129
CITY OFANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule F: Projected Incremental Real Property Tax - All Phases
Estimated
TIRZ Fiscal
1.89%
Estimated
Base
Anna
Estimated
Base
Estimated
Incremental Real
Estimated
Estimated
Assessment
Year
Inflation
Assessed
Year
Tax
Real Propert
Year
Incremental Real
TIRZ
Property Tax
TIRZ related
Developer Funded
Year
Year
Ending
Factor'
Value
Value
Rate
Tax
Tax
Property Tax
Percentage2
Available
Obligation93
Obligations Amount
1-Jan-16
1
30-Sep-17
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$0
$0
1-Jan-17
2
30-Sep-18
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$30,000
$30,000
1-Jan-18
3
30-Sep-19
101.9%
$15,998,358
($2,455,530)
$0.6390
$102,230
($15,691)
$86,539
50%
$43,269
$972,723
$972,723
1-Jan-19
4
30-Sep-20
103.8%
$49,735,126
($2,455,530)
$0.6390
$317,807
($15,691)
$302,117
50%
$151,058
$972,370
$929,101
1-Jan-20
5
30-Sep-21
105.8%
$70,580,639
($2,455,530)
$0.6390
$451,010
($15,691)
$435,319
50%
$217,660
$972,627
$821,569
1-Jan-21
6
30-Sep-22
107.8%
$104,327,793
($2,455,530)
$0.6390
$666,655
($15,691)
$650,964
50%
$325,482
$972,755
$755,096
1-Jan-22
7
30-Sep-23
109.8%
$135,028,664
($2,455,530)
$0.6390
$862,833
($15,691)
$847,142
50%
$423,571
$972,707
$647,225
1-Jan-23
8
30-Sep-24
111.9%
$168,597,035
($2,455,530)
$0.6390
$1,077,335
($15,691)
$1,061,644
50%
$530,822
$972,434
$548,863
1-Jan-24
9
30-Sep-25
114.0%
$208,054,540
($2,455,530)
$0.6390
$1,329,469
($15,691)
$1,313,778
50%
$656,889
$972,531
$441,709
1-Jan-25
10
30-Sep-26
116.2%
$247,033,722
($2,455,530)
$0.6390
$1,578,545
($15,691)
$1,562,855
50%
$781,427
$972,900
$316,011
1-Jan-26
11
30-Sep-27
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,803
$191,376
1-Jan-27
12
30-Sep-28
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,836
$136,084
1-Jan-28
13
30-Sep-29
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,900
$136,148
1-Jan-29
14
30-Sep-30
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,900
$136,148
1-Jan-30
15
30-Sep-31
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,739
$135,987
1-Jan-31
16
30-Sep-32
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,322
$135,570
1-Jan-32
17
30-Sep-33
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,836
$136,084
1-Jan-33
18
30-Sep-34
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,803
$136,051
1-Jan-34
19
30-Sep-35
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,771
$136,019
1-Jan-35
20
30-Sep-36
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,595
$135,843
1-Jan-36
21
30-Sep-37
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,771
$136,019
1-Jan-37
22
30-Sep-38
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,467
$135,715
1-Jan-38
23
30-Sep-39
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,819
$136,068
1-Jan-39
24
30-Sep-40
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,306
$135,554
1-Jan-40
25
30-Sep-41
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,707
$135,955
1-Jan-41
26
30-Sep-42
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,450
$135,699
1-Jan-42
27
30-Sep-43
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,627
$135,875
1-Jan-43
28
30-Sep-44
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,306
$135,554
1-Jan-44
29
30-Sep-45
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,531
$135,779
1-Jan-45
30
30-Sep-46
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$971,680
$134,928
$40,169,779 $39,730,436 $19,865,218 $27,263,218 $8,234,752
t The estimated annual growth rate is calculated as a 10 average annual growth rate of average home values in the city.
2 The projections assume that 50 percent of the incremental real property tax will be made availabel for the partial payment of debt service on the PID Bonds.
' The maximum amount of TIRZ related obligations is set not to exceed $21,048,883 per the Subdivision Improvement Agreement.
M-iCap, 1-.
Draft Draft
Draft
Appendix G
iMuniCap 1.30
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
C. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: A line parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and a right-of-way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
11
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
W1
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120T
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
0
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 8,400 square feet
7
B.
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
E
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5
7
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
16
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages maybe front facing orJ Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-201Z adopted 1012312012)
18
V. DEVELOPMENT SCHEDULE
Date
Total Lots
2015
150
2016
250
2017
300
2018
375
2019
450
2020
550
2021
654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
19
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 89°5255"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°1741"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°0544"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
23
N
CITY OF AN NA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately 15.7 acres of land
located in the Francis T. Daffau Survey, A0288; AND (b) Consider/Discuss/Action
regarding an Ordinance amending the development standards in Ordinance No. 179-
2005 on 15.7 acres of land located in the F.T. Daffau Survey, A0288.
SUMMARY: The Anna 455 Commercial, LP has submitted a request to amend the
zoning and development standards on three tracts of land totaling approximately 15.7
acres of land. The subject properties are located on the north of side of W. White Street
(FM 455) north of Anna Market Center and the Oak Hollow Subdivision. This request
would change the Building and Area requirements on the remaining land area within
Commercial/Retail Tract C to reflect current C-2 area requirements in the General
Commercial District regulations.
The Planning and Zoning Commission recommended approval of the zoning request at
their meeting November 2nd, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Staff recommends approval of this ordinance.
CITY OF ANNA
ORDINANCE NO. 2015-708
(Villages of Hurricane Creek TIRZ)
AN ORDINANCE DESIGNATING A CERTAIN AREA AS TAX INCREMENT REINVESTMENT
ZONE NUMBER ONE, CITY OF ANNA, TEXAS, ESTABLISHING A BOARD OF DIRECTORS
FOR SUCH REINVESTMENT ZONE, MAKING CERTAIN FINDINGS, AND OTHER MATTERS
RELATED THERETO.
WHEREAS, the City Council of the City of Anna, Texas, (the "City"), desires to promote -
the development of a certain contiguous geographic area within its jurisdiction by the creation of
a reinvestment zone, as authorized by the Tax Increment Financing Act, Chapter 311 of the
Texas Tax Code (the "Act"); and
WHEREAS, in compliance with the Act, the City has called a public hearing to hear
public comments on the creation of the proposed reinvestment zone and its benefits to the City
and the property in the proposed reinvestment zone; and
WHEREAS, in compliance with the Act, notice of such public hearing was published on
October 29, 2015, in the Anna Melissa Tribune, the designated paper of general circulation for
City notices, such publication date being not later than seven (7) days prior to the date of the
public hearing; and
WHEREAS, such hearing was convened at the time and place mentioned in the
published notice, to wit, on November 10, 2015 at 7:30 p.m. in the City Hall of the City of Anna,
Texas, which hearing was then held open and continued to December 8, 2015 at 7:30 p.m. in
the City Hall of the City of Anna, Texas, which hearing was then closed; and
WHEREAS, the City, at said hearings, invited any interested person, or his attorney, to
appear and speak for or against the creation of the reinvestment zone, the boundaries of the
proposed reinvestment zone, whether all or part of the territory which is described and attached
hereto as Exhibit "A" and depicted on the map attached hereto as Exhibit "B" should be included
in such proposed reinvestment zone, the concept of tax increment financing and the
appointment of a board of directors of the proposed reinvestment zone; and
WHEREAS, all owners of property located within the proposed reinvestment zone and
all other taxing units and other interested persons were given a reasonable opportunity at such
public hearing to protest the creation of the proposed reinvestment zone and/or the inclusion of
their property in such reinvestment zone; and
WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and
documentary, in favor of all of the foregoing matters relating to the creation of the reinvestment
zone, and opponents, if any, of the reinvestment zone appeared to contest creation of the zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1: That the facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct and are incorporated herein by reference.
SECTION 2: That the City Council, after conducting such hearing and having heard
such evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
a) That the public hearing on adoption of the reinvestment zone has been properly
called, held and conducted and that notice of such hearing has been published as
required by law.
b) That creation of the proposed reinvestment zone with boundaries as described in
Exhibits "A" and "B" will result in benefits to the City, its residents and property
owners, in general, and to the property, residents and property owners in the
reinvestment zone.
c) That the reinvestment zone, as defined in Exhibits "A" and "B", meets the criteria for
the creation of a reinvestment zone set forth in the Act in that:
1. It is a contiguous geographic area located wholly within the corporate limits of
the City.
2. The area is predominately open, undeveloped or underdeveloped, and lack of
necessary public improvements impairs growth.
d) That 30 percent or less of the property in the proposed reinvestment zone, excluding
property dedicated to public use, is used for residential purposes, which is defined in
the Act as any property occupied by a house which has less than five living units.
e) That the total appraised value of all taxable real property in the proposed
reinvestment zone according to the most recent appraisal rolls of the City, together
with the total appraised value of taxable real property in all other existing
reinvestment zones within the City, according to the most recent appraisal rolls of the
City, does not exceed 50 percent of the current total appraised value of taxable real
property in the City and in the industrial districts created by the City, if any.
f) That the proposed reinvestment zone does not contain more than 50 percent of the
total appraised value of real property taxable by a county or school district.
g) That the improvements in the reinvestment zone will significantly enhance the value
of all taxable real property in the reinvestment zone.
h) That the development or redevelopment of the property in the proposed
reinvestment zone will not occur solely through private investment in the reasonable
foreseeable future.
SECTION 3: That the City hereby creates a reinvestment zone over the area described
in Exhibit "A" attached hereto and depicted in the map attached hereto as Exhibit "B" and
such reinvestment zone shall hereafter be identified as Tax Increment Reinvestment
Zone Number One, City of Anna, Texas (the "Zone" or "Reinvestment Zone").
SECTION 4: That there is hereby established a board of directors for the Zone that shall
consist of seven members. The board of directors of the Reinvestment Zone shall be
appointed as follows:
a) Seven members shall be appointed by the City Council of the City of Anna and one
member may be appointed by the Collin County Commissioners Court at such time
as Collin County may duly act to participate in the zone. The initial board of directors
shall be appointed by resolution within sixty (60) days of the passage of this
ordinance or within a reasonable time thereafter. All members appointed to the
board shall meet the eligibility requirements set forth in the Act. At this time
governing bodies of other taxing units that levy taxes on real property in Tax
Increment Financing Reinvestment Zone Number One have chosen not to pay any of
their taxes into the Tax Increment Fund and have waived their right to appoint board
members.
b) The terms of the board members shall be two-year terms. The City Council shall
designate a member of the board to serve as chairman and other officers as it sees
fit.
c) The board of directors shall make recommendations to the City Council concerning
the administration of the Zone. It shall prepare and adopt a project plan and
reinvestment zone financing plan for the Zone and must submit such plans to the
City Council for its approval. The Board of directors shall possess all powers
necessary to prepare, implement and monitor such project plan and financing plan
for the reinvestment zone as the City Council considers advisable, including the
submission of an annual report on the status of the Zone.
SECTION 5: The termination of the Zone shall occur on December 31, 2046, or at an
earlier time designated by subsequent ordinance of the City Council in the event the City
determines that the Zone should be terminated due to insufficient private investment,
accelerated private investment or other good cause, or at such time as all project costs
and tax increment bonds, if any, and the interest thereon, have been paid in full. Any
statutory or equitable right to terminate the Zone at any earlier date or to extend the term
is hereby reserved. Notwithstanding the foregoing, the termination of the Zone shall
occur at the earlier of any of the times set forth above in this section or at the time when
the Maximum TIRZ Contribution has been satisfied. For purposes of this section, the
term "Maximum TIRZ Contribution" has the same meaning as set forth in Article II of the
Villages of Hurricane Creek Subdivision Improvement Agreement, an agreement
originally entered into between the City and Villages of Hurricane Creek, LP, a Texas
limited partnership, Don Collins, an individual, Ted. K. Tedford, and individual, and Steve
Cameron, an individual, and having an effective date of March 11, 2015.
SECTION 6: That the Tax Increment Base for the Zone, which is the total taxable value
of all real property located in the Zone, is to be determined as of January 1, 2015, the
year in which the Zone was designated a reinvestment zone.
SECTION 7: That there is hereby created and established a Tax Increment Fund for the
Zone which may be divided into such subaccounts as may be authorized by subsequent
resolution or ordinance, into which all Tax Increments, less any of the amounts not
required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited.
The Tax Increment Fund and any subaccounts are to be maintained in an account at the
City Treasurer's affiliated depository bank of the City and shall be secured in the manner
prescribed by law for funds of Texas cities. In addition, all revenues from the sale of any
tax increment bonds and notes hereafter issued by the City, revenues from the sale of
any property acquired as part of the tax increment financing plan and other revenues to
be dedicated to and used in the Zone shall be deposited into such fund or subaccount
from which monies will be disbursed to pay project costs for the Zone or to satisfy the
claims of holders of tax increment bonds or other bonds or obligations issued for the
Zone. The first priority for the expenditure of Tax Increments shall be to pay for 41
administrative costs incurred in the creation and operation of the zone, including but not
limited to reimbursement to the City and/or its development corporations for eligible
expenditures.
SECTION 8: That if any section, paragraph, clause or provision of this Ordinance shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of,
such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 9: This Ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
SECTION 10: That it is hereby officially found and determined that the meeting at which
this ordinance was passed was open to the public as required by law, and that public
notice of the time, place, and purpose of said meeting was given all as required by
Section 551.041, Texas Government Code.
PASSED by the City Council of the City of Anna, Texas this 81" day of December 2015.
APPROVED
Mike Crist, Mayor
ATTEST:
iy
Carrie L. Smith, City Secretary
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CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE NO. _
PRELIMINARY PROJECT AND FINANCING PLAN
December 3, 2015
MuniCap, Inc V1.2.1
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CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE No. _
PRELIMINARY PROJECT AND FINANCING PLAN
Table of Contents
I Executive Summary 1
II Assessment and Tax Collection Procedures 3
III Historical Appreciation in Taxable Values 9
IV Project Plan 11
V Financing Plan 14
VI Assumptions and Limitations 22
List of Appendix
Appendix A - Maps
Appendix B — Estimated Project Costs
Appendix C - Bond Debt Service Schedule
Appendix D — Projected Absorption
Appendix E — Projected Assessed Values
Appendix F — Projected Incremental Real Estate Taxes
Appendix G — Development Standards
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I. Executive Summary
PURPOSE OF TIRZ PROJECT AND FINANCING PLAN
The purpose of this plan is to provide estimates of real property tax increment revenues resulting
from the proposed Villages of Hurricane Creek development (the "Development") and
available to offset assessments to be levied for repaying bonds to be issued by the City of
Anna, Texas (the "City"). In particular, the study provides estimates of future real property tax
increment revenues generated by the property within the City of Anna Tax Increment
Reinvestment Zone No. _ (the "TIRZ").
As real property taxes are generated on an ad valorem basis from assessed values, it is first
necessary to estimate the future assessed value resulting from the TIRZ. This plan provides
assessed value information based on the following:
• The development is completed as proposed by CADG Hurricane Creek, LLC (the
"Developer");
• The units are sold according to the development pace estimated by the Developer, as
summarized in subsequent sections of this report;
• Property values are projected to increase at 1.89 percent annual rate of inflation through
estimated build out in 2026 as calculated based on the ten-year average growth rate of annual
average single family home prices between 2006 and 2015; and
• The real property tax rate remains static at the fiscal year 2015 level in future years.
ORGANIZATION OF TIRZ PLAN
This plan begins with a discussion of the assessment and tax collection procedures within the
City. Following this discussion is an analysis of historic appreciation of taxable values within
the City. The report continues with a project plan that includes a narrative description of the
TIRZ. Next, an account of the proposed development within the TIRZ, including an estimate of
the projected market and assessed values for the proposed properties, is provided.
The report continues with a calculation of real property tax increment revenues based on the
estimated assessed values in preceding sections of the report. Finally, the report provides
comprehensive projections of all estimated available revenue created by the TIRZ and shows the
estimated debt service coverage generated by this revenue.
RESULTS
In summary, the TIRZ financing analysis indicates that, assuming 1.89 percent annual inflation
through estimated buildout in 2026, the TIRZ is estimated to have an incremental value of
$264,349,727 million at the time of completion of all phases in 2026.
Table I -A provides the projected total and incremental assessed value for the District after the
projected build -out in 2026. Refer to Appendices E and F, attached hereto, for more information
on the projected incremental value for each year.
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TABLE I -A
Projected Assessed Values
Year
Projected Value
Base Value'
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
1 - The base value of $2,455,530 represents the 2015market value shown in CAD records.
The assessed values displayed in Table I -A are the basis for estimating incremental real
property taxes. The projected incremental taxes are shown in Table I-B. The project is
anticipated to be fully built out in calendar year 2026 and the related incremental taxes will
become fully available starting 2027.
TABLE I-B
Projected Incremental Taxes
Annual Incremental
Taxes at Build -out
Total Incremental
Taxes through 2045
$1,673,504
$39,730,436
Refer to Appendix F for projected tax increment revenues for each year. Estimates of annual debt
service coverage are included in Appendix C of this report.
The financing plan for the public improvements contemplates the issuance of special revenue
bonds by the City secured by special assessments on property within the Villages of Hurricane
Creek Public Improvement District ("PID Assessments"). The bonds secured by the PID
Assessments are referred to as the "PID Bonds" and are estimated to total $17,000,000 in bond
par amounts.
The TIRZ Project Costs represent a portion of the total public improvements to be funded with
the PID Bonds. As a result, real property tax increment revenues are intended to pay an equivalent
portion the debt service on the PID Bonds and will be applied as discussed more fully in PID
Service and Assessment Plan.
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IL Assessment and Tax Collection Procedures
ASSESSMENT PROCEDURES
Overview
Pursuant to Texas Tax Code, all taxable property is appraised at its market value as of January 1
of each year. Each County in Texas is served by an appraisal district, which determines the value
of all of the county's taxable property. Generally, local governments that collect property taxes,
such as counties, cities and school districts, are members of the appraisal district.
Methodology
The appraisal districts use different valuation methods depending on property type and
circumstances. A brief description of these methods follows.
Cost Approach — As the name implies, the cost approach values property on the basis of the
costs of development. The value of a structure is determined by estimating the cost to replace
the building with a new structure and then subtracting depreciation. This method assumes the
cost of replacing the existing building plus the value of the land equals market value. The steps
in applying the cost approach include:
• Estimating the site value (land and site improvements) through review of comparable
sales;
• Estimating the cost of replacing the existing building with one of similar usefulness
(reflecting current building design and materials); and
• Deducting all sources of depreciation, including physical deterioration ("wear and tear"
on a building) and functional and economic obsolescence. Functional obsolescence is the
reduced ability of the building to perform the function it was originally designed and built
for. Economic obsolescence refers to external forces that affect the ability of the building
to continue to perform, such as changes in transportation corridors and new types of
building design demanded by the market.
The cost approach is relied upon most often when the property being appraised is new or nearly
new and income is not yet stabilized, where there are no comparable sales, or where the
improvements are relatively unique or specialized.
Market Data Comparison Approach — The market data comparison approach is based on the
premise that the value of a specific property is set by the price an informed purchaser would pay
for a comparable property, offering similar desirability and usefulness. For instance, if recent
sales of condominium units within the same building indicate an increase in market values, all
assessed values for condominiums in the building will be reassessed to reflect this increase in
market value. This requires an understanding and comparison of market variables, such as
location, property size, physical features and economic factors. The process of identifying and
analyzing comparable property sales is repeated until a satisfactory range of value indicators for
the subject property is established and a final estimate of value is possible. The limitations of the
sales comparison approach are that it requires recent sales data for similar properties. The
3
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sales comparison approach is relied upon most often for appraising the sale of residential property
and is most likely to be relevant for the proposed residential development in the TIRZ.
According to the Collin Central Appraisal District ("CAD"), properties developed in new
subdivisions are typically appraised based on the sales price of the new homes developed in the
subdivisions using a market comparison approach to value.
Income Approach — The income approach to value is based on the premise that the value of a
property is directly related to the income it will generate. The appraisal districts analyze both
the property's ability to produce future income and its expenses, and based on projected
new income, estimates the property's value. The appraiser develops a capitalization rate by
analyzing the sales of similar income properties and determining the relationship between the sale
price and net income.
The steps in applying the income capitalization approach are to determine the stabilized, net -
operating income by:
• Estimating potential gross income from all sources;
• Deducting an allowance for vacancy and bad debts; and
• Deducting all direct and indirect operating expenses.
The resulting net operating income is capitalized by a market rate, which reflects the property
type and effective date of valuation to produce an estimate of overall property value.
To determine the effective gross income, the appraiser estimates market rents by analyzing
rents, both within the property being assessed and in comparable properties in the neighborhood,
and making an allowance for vacancy and collection loss. Net operating income is estimated by
deducting operating expenses.
The appraiser typically determines the capitalization rate by analyzing sales (comparing net
operating income to sale price) in the same market for similar properties to determine
the ratio of net operating income to sales price. The capitalization rate will vary depending on
the attractiveness of a property as an investment, income risks and physical factors, among other
factors. In the absence of sufficient sales data, the appraisal districts may use standard industry
rates as generated by other sources to determine cap rates.
The income approach is relied upon most often when appraising properties that produce a rental
income from single or multiple tenants. The capitalized value of the income stream provides an
estimate of the market value of the property (land and improvements).
An appraisal district may use any of the three common methods to value property. The
legislature also authorizes appraisal districts to use a method called mass appraisal to calculate
the value of a large number of similar properties. According to Section 23.01(b) of the Texas
Property Tax Code:
if the appraisal district determines the appraised value of a property using mass appraisal
standards, the mass appraisal standards must comply with the Uniform Standards of
Professional Appraisal Practice. The same or similar appraisal methods and techniques shall
4
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be used in appraising the same or similar kinds of property. However, each property shall be
appraised based upon the individual characteristics that affect the property's market value,
and all available evidence that is specific to the value of the property shall be taken into
account in determining the property's market value.
Appeals
According to the CAD, property owners may utilize the CAD appeal procedures if they have a
concern about:
• the market or appraised value of the property;
• unequal appraisal of the property compared to other properties;
• the inclusion of the property on the appraisal roll;
• any exemptions that may apply to the property owner;
• the qualification for an agricultural or timber appraisal;
• the taxable status of the property;
• the local governments which should be taxing the property;
• the ownership of property;
• a change of use of land receiving special appraisal;
• any action taken by the chief appraiser, CAD or Appraisal Review Board ("ARB") that
applies to and adversely affects the property.
If property owners cannot resolve their concern informally with the CAD staff, they may have
their cases heard by the ARB. The ARB is an independent board of citizens that review problems
with appraisals or other concerns listed above. It has the power to order the CAD to make the
necessary changes to solve problems. If a property owner files a written request for an ARB
hearing (called a notice of protest) on or before May 31 (or 30 days after the notice of appraised
value was mailed to the property owner, whichever is later), the ARB will set the case for a
hearing. The property owner will receive written notice of the time, date, and place of the
hearing. After it decides the case, the ARB must send them a copy of its order by certified mail.
If the property owner is not satisfied with the decision, it has the right to appeal. If it chooses to
go to court, the property owner must start the process by filing a petition within 60 days of
the date it receives the ARB's order. In certain cases, as an alternative to filing an appeal in
district court, the property owner may file not later than the 45th day after it receives notice of
the ARB order a request for binding arbitration with the CAD. In certain cases originating in
certain counties, as an alternative to filing an appeal in district court, the property owner may
appeal to the State Office of Administrative Hearings (SOAH). An appeal to SOAH is initiated
by not later than the 30th day after the property owner receives notice of the ARB's order by
filing with the chief appraiser of the CAD a notice of appeal. CAD also takes a similar approach.
TAXATION PROCEDURES
Timeline
The assessment and property tax process for each tax year includes the following steps:
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Dates Event
January 1 CADs are required to appraise property on this date. A lien attaches to
each taxable property to ensure property tax payment.
January 1 - April 30 CAD completes appraisals and processes applications for exemptions.
April - May Appraisal districts send notices of appraised value.
May 1 Appraisal review board begins hearing protests from property owners.
July 1 Local taxing units may impose additional penalties for legal costs related
to collecting unpaid taxes.
August - September Local taxing units adopt tax rates.
October 1 Local taxing units (or county tax assessor -collector, acting on their
behalf) begin sending tax bills to property owners.
January 31 Taxes due to local taxing units (or county tax assessor -collector, if acting
on their behalf).
February 1 Local taxing units begin charging penalty and interest for unpaid tax
bills.
Penalties and Interest
According to the Collin County Tax Collector's offices, If taxes are not paid by January 31St,
penalties and interest will accrue are follows:
If tax paid in:
Penalty
_
Interest _
Total
February
6%
+
1%
= 7%
March
7%
+
2%
= 9%
April
8%
+
3%
= 11%
May
9%
+
4%
= 13%
June
10%
+
5%
= 15%
July
12%
+
6%
= 18%
Penalties reach a maximum of 12% and interest of 1% is added each month after the due date. All
real property accounts not paid in full by June 30th of the year in which they become delinquent
will be referred to the delinquent tax attorney for enforced collection and will incur an additional
penalty equal to 15% - 20% of the total taxes, penalties, and interest due.
Historical Levy and Collection Summary
According to City records, on average 97 percent of real property taxes were paid within the
fiscal year they were levied from 2006 to 2014, as shown below in Table II -A.
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TABLE II -A
Summary of Levy and collections
Year
Total Tax
Levy'
Collected within the
Fiscal Year of the Levy
Amount' Percentage
Collections
in
subsequent
Years2
2006
$1,186,370
$1,132,491
95.46%
$53,879
2007
$1,541,817
$1,494,560
96.93%
$47,257
2008
$2,038,288
$1,963,103
96.31 %
$75,185
2009
$2,247,895
$2,189,575
97.41%
$58,320
2010
$2,407,914
$2,344,075
97.35%
$63,839
2011
$2,418,445
$2,340,959
96.80%
$77,486
2012
$2,346,442
$2,275,419
96.97%
$71,023
2013
$2,483,857
$2,436,406
98.09%
$47,451
2014
$2,807,140
$2,757,013
98.21%
$50,127
Source: City of Anna audited financial statements
1— Amounts reported as property tax revenue in the city audited financial statements.
2 — Amounts reported as property taxes receivable as of the end of each year.
3 — Amounts calculated as the difference between property tax revenues and property taxes
receivable as of the end of each fiscal year.
Tax Sale
According to the Collin County Tax Collector's website, tax sales are held once orders of sale are
issued from the district courts in reference to tax judgments for delinquent taxes. Real property
being sold as a result of a foreclosure to satisfy delinquent taxes is required by Texas law to be
sold on the first Tuesday of the month. All counties have sales on the same day.
Tax Rates
Tax rates are set on an annual basis by the City. For fiscal year 2015, the real property tax rate in
the City is $0.639000 per $100 of assessed value.
City tax rates have fluctuated in past years. It is likely that the tax rate will continue to change
overtime; for purposes of this study, however, it is assumed that the tax rate will remain at its
current level in future years. The City intends to apply approximately 50 percent of the
incremental taxes generated from the development of the property in the PID, which property is
also contained in the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the
improvements referenced in this Project and Finance Plan.
Table II-B provides historical tax rates in the City from fiscal years 2006 to 2015.
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TABLE II-B
City of Anna Historical Tax Rates 2006-2015
Tax Year
City Tax Rate Per $100
Assessed Value
2006
$0.525000
2007
$0.575000
2008
$0.575000
2009
$0.622733
2010
$0.650332
2011
$0.650332
2012
$0.650332
2013
$0.650332
2014
$0.649000
2015
$0.639000
Source: CAD historical tax rates summary
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III. Historical Appreciation in Taxable Values
Property values typically appreciate over time. The City total taxable assessed value (TAV)
information from 2006 to 2015, as shown in the CAD certified totals for tax years 2006 through
2015, indicate that the aggregate TAV for single family homes has increased from year to year
except in 2010 through 2012.
Table III -A shows the average annual appreciation of assessed values in the City from 2006 to
2015. The percentage growth in any given year indicates the appreciation over the prior year and is
not cumulative.
TABLE I11-A
Historical Appreciation in Values
Year
Single
Family (SF)
Homes TAV
New
construction
SF Homes
TAV
Net Existing
SF Homes
TAV
Growth %
Total SF
Homes
Average
Home
Value
Growth %
2006
$199,527,259
$31,604,670
$167,922,589
1984
$100,568
2007
$263,024,626
$28,471,493
$234,553,133
18.19%
2287
$115,009
6.94%
2008
$296,002,445
$11,862,915
$284,139,530
10.06%
2488
$118,972
1.71%
2009
$295,837,682
$5,897,500
$289,940,182
1.02%
2584
$114,488
-1.90%
2010
$288,215,832
$979,167
$287,236,665
-0.47%
2615
$1109216
-1.88%
2011
$282,164,842
$899,486
$281,265,356
-1.04%
2653
$106,357
-1.77%
2012
$287,226,986
$6,014,449
$281,212,537
-0.01%
2859
$100,464
-2.81%
2013
$331,222,971
$21,688,228
$309,534,743
4.91%
3126
$105,957
2.70%
2014
$419,875,700
$30,278,959
$389,596,741
12.19%
3483
$120,550
6.66%
2015
$509,719,967
$36,441,651
$473,278,316
10.22%
3666
$139,040
7.40%
10-Yr Averages
6.12%
1.89%
CAGR - 10 Yr
9.83%
10.92%
3.29%
CAGR -5Yr
12.56%
10.91%
5.51%
CAGR - 3 Yr
15.45%
15.20%
9.48%
Source — Collin CAD certified totals for tax years 2006 through 2015.
Based on the annual appreciation rates shown in Table III -A, the 10-yr average annual growth
rate of average home values from 2006 to 2015 is approximately 1.89 percent, the compound
annual growth rate of average home values from 2006 to 2015 is approximately 3.29 percent, the
compound annual growth rate of average home values from 2011 to 2015 is approximately 5.51
percent and the compound growth rate of average home values from 2013 to 2015 is equal to 9.48
percent. A future annual appreciation rate of 1.89 percent for all property, representing the lowest
average growth rate computed using the three different value estimation bases shown in Table III -
A (total TAV of single family homes, total TAV of single family homes net of new construction
value and average home values) has been used for this study to project future appreciated assessed
values through estimated build out in 2026 and the estimated home values are held constant after
9
Draft
build out. Based on the historic trends outlined in this section, this rate is believed to be
conservative.
10
Draft
IV. Project Plan
Pursuant to Ordinance No. (the "TIRZ Ordinance"), the City created Reinvestment Zone
No. _, City of Anna, Texas as a TIRZ under the provisions of Chapter 311 of the Texas Tax
Code, as amended. The land within the TIRZ is comprised of approximately 368 acres and is
coterminous with the land within the PID.
As more fully described in subsequent sections of this report, approximately 654 residential
units are planned for the TIRZ. The City is planning to issue bonds for the purpose of
financing public improvements necessary for the improvements in the PID.
Tax increment financing is a redevelopment and financing tool by which governments can
provide financial assistance to fund infrastructure for eligible public and private redevelopment
efforts within an officially designated area of the development. Increases in property tax
revenues, which are generated primarily from new investment in the TIRZ, are allocated to pay
debt service on debt issued to pay for such infrastructure costs within the TIRZ.
LOCATION
The TIRZ is approximately 45 miles from Dallas, Texas, and approximately 70 miles from Fort
Worth, Texas. A map and metes and bounds of the TIRZ, as well as the corresponding proposed
development, are included as Appendix A to this Plan.
ECONOMIC AND DEMOGRAPHIC INFORMATION
According to the City website, the City is located on State Highway 5, Farm Road 455, and U.S.
Highway 75 eleven miles northeast of McKinney in north central Collin County.
According to City -Data, the population of the City has grown by approximately 27.6 percent
between 2010 and 2014 (US Census Bureau quick facts). According to City -Data, the average
unemployment rate of the City was 5 percent, compared to 5.5 percent for the State of Texas and
5.3 percent nationally (City-Data.com/city/Anna-Texas; Bureau of Labor Statistics) for June 2014.
The 2013 median household income for the City was $66,243 and the median home price
was $137,315, compared to the 2013 median household income of $51,704 and the median
home price of $132,000 for the State of Texas (City-Data.com/city/Anna-Texas).
EXISTING USES OF PROPERTY
According to the Developer and CAD records, the property within the TIRZ boundary is
classified as of January 1, 2015 under agricultural land use.
A site map showing the current uses of the property is included as Appendix A to this plan.
PROPOSED DEVELOPMENT
The TIRZ is proposed to be developed as a residential development with 654 residential units and
is proposed to include four types of single family residential lots. The property in the TIRZ is
11
Draft
anticipated to be developed into 49 100-ft lots, 55 90-foot lots, 185 80-foot lots and 365 70-foot
lots to be developed in approximately three phases. Table IV -A summarizes the projected
development of the TIRZ. Detailed estimation of absorption for the development as provided by
the Developer on an annual basis is shown in Appendix D attached hereto.
Appendix A at the end of this section provides a concept plan for the proposed development
within the TIRZ.
TABLE IV -A
Summary of Proposed Development
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
55 units
80 Ft Lots
185 units
70 Ft Lots
365 units
Total
654 units
Table IV-B below shows the proposed residential development within Phase 1.
Table IV-B
Proposed Development —Phase 1
Proposed Lot Type
Quantity
90 Ft Lots
19 units
80 Ft Lots
103 units
70 Ft Lots
85 units
Total
207 units
Table IV-C on the following page shows the proposed residential lot types within the remaining
future phases.
Table IV-C
Proposed Development — Future Phases other than Phase 1
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
36 units
80 Ft Lots
82 units
70 Ft Lots
280 units
Total
447 units
12
Draft
PROPOSED CHANGES
Details regarding the proposed zoning for the development, which are included in the Subdivision
Improvement Agreement between the Developer and the City (the "Subdivision Improvement
Agreement") dated as of March 11, 2015, are shown as Appendix G to this plan.
ESTIMATED NONPROJECT COSTS
According to the project engineer, the total estimated amount of improvements planned to be
constructed for the development is $45,407,244. As shown in Table V-A of this Project and
Finance Plan, the total estimated amount of Project Costs eligible for TIRZ incremental revenue
financing is $11,395,326. As a result, the total amount of public improvement costs that are not
eligible for TIRZ incremental revenue financing ("Nonproject Costs") is estimated to be
$34,011,918. Table IV-D shows a detailed list of these Nonproject Costs for public improvements
as provided by the project engineer.
Table IV-D
Estimated Nonproject Costs
Total
Description
Estimated Costs
Improvements:
Road Improvements
$16,487,798
Water Distribution System Improvements
$2,579,602
Sanitary Sewer Collection System Improvements
$7,093,708
Storm Drainage Collection System Improvements
$1,520,401
Other Costs
$11,919,282
Subtotal: Estimated improvement costs
$39,600,791
Soft costs including engineering and testing
$337,515
estimated bond issuance costs details in Appendix B
$5,468,938
Subtotal: Estimated soft costs
$5,806,453
Grand Total Improvement + Soft Costs
$45,407,244
Less: Project Costs,
($11,395,326)
Total Nonproject Costs
$34,011,918
1 — The Project Costs shown here include the estimated Developer funded portion of $485,663. See Table V-A for details.
METHOD OF RELOCATION
The proposed development is being developed on vacant land. Accordingly, there are no persons
to be relocated as a result of implementing the plan.
13
Draft
V. Financing Plan
PROJECT COSTS
Section 311.002 of the Tax Increment Financing Act defines project costs as "the expenditures
made or estimated to be made and monetary obligations incurred or estimated to be incurred by the
municipality or county designating a reinvestment zone that are listed in the project plan as costs of
public works, public improvements, programs, or other projects benefiting the zone, plus other costs
incidental to those expenditures and obligations." Project costs include:
(A) capital costs, including the actual costs of the acquisition and construction of public works,
public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition,
demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and
fixtures; the actual costs of the remediation of conditions that contaminate public or private
land or buildings; the actual costs of the preservation of the facade of a public or private
building; the actual costs of the demolition of public or private buildings; and the actual costs of
the acquisition of land and equipment and the clearing and grading of land;
(B) financing costs, including all interest paid to holders of evidences of indebtedness or other
obligations issued to pay for project costs and any premium paid over the principal amount of
the obligations because of the redemption of the obligations before maturity;
(C) real property assembly costs;
(D) professional service costs, including those incurred for architectural, planning, engineering, and
legal advice and services;
(E) imputed administrative costs, including reasonable charges for the time spent by employees of
the municipality or county in connection with the implementation of a project plan;
(F) relocation costs;
(G) organizational costs, including the costs of conducting environmental impact studies or other
studies, the cost of publicizing the creation of the zone, and the cost of implementing the project
plan for the zone;
(H) interest before and during construction and for one year after completion of construction,
whether or not capitalized;
(I) the cost of operating the reinvestment zone and project facilities;
(J) the amount of any contributions made by the municipality or county from general revenue
for the implementation of the project plan;
(K) the costs of school buildings, other educational buildings, other educational facilities,
or other buildings owned by or on behalf of a school district, community college district, or
other political subdivision of this state; and
(L) payments made at the discretion of the governing body of the municipality or county that the
14
Draft
governing body finds necessary or convenient to the creation of the zone or to the
implementation of the project plans for the zone.
The estimated project costs for the development are presented in Table V-A below. The detailed
project costs are presented in Appendix C of this plan.
Table V-A
Estimated TIRZ Project Costs
Project Costs
Total Estimated
Project Costs
Road Improvements
$5,567,504
Water Distribution System Improvements
$248,543
Sanitary Sewer Collection System Improvements
$2,069,616
Less: Developer funded portion
$485 663
Subtotal:
$7,400,000
Other estimated bond issuance related costs (details in
Appendix B)
$3,509,663
Total Estimated Project Costs
$10,909,663
According to the Subdivision Improvement Agreement between the Developer and the City, the total
construction cost portion of the Project Costs to be funded with the TIRZ increments is limited to
$7,400,000. As a result, the total Project Costs eligible for TIRZ financing is equal to $10,909,663
($7,400,000 + $3,509,663). Appendix F shows the estimated net bond debt service obligation related
to the Project Costs is estimated to be $26,973,218. According to the Subdivision Improvement
Agreement, the maximum amount of City commitments as TIRZ contribution is set not to exceed
$21,048,883. See Appendix F for detailed calculations of these amounts.
DESCRIPTION OF TIRZ PROJECTS
The public improvements to be financed as TIRZ Projects include roadway, water and sewer
improvements along FM 455, roadway, water and sewer improvements related to four collector roads,
gravity mains, lift stations and trunk improvements detailed in Appendix B. The estimated costs of
the TIRZ Projects eligible for financing through TIRZ incremental revenues are shown in Table V-A.
The costs shown are estimates and may be revised in the future, including the addition of such other
improvements as deemed necessary to further improve the properties within the TIRZ.
METHOD OF FINANCING
On February 24, 2015, the City of Anna City Council passed and approved Resolution No. 2015-
02.13 approving and authorizing the creation of the PID to finance the costs of certain public
improvements for the benefit of property in the PID, all of which is within the City. The PID and
the TIRZ boundaries are coterminous.
The property in the PID is proposed to be developed in approximately three phases, and the PID will
finance improvements for each phase as each phase is developed. Assessments will be imposed on
15
Draft
the all property in the PID for the improvements that benefit the entire PID and on the property in
each phase for the public improvements to be provided for that phase. As described in the Service and
Assessment Plan of the PID (the "SAP"), the City will issue bonds (the "PID Bonds") in order to
finance the improvements. The PID Bonds will be issued to finance the project costs shown in Table
V-A.
The City intends to apply approximately 50 percent of the incremental taxes generated from the
development of the property in the PID, which property is also contained in the TIRZ, for the
repayment of a portion of the PID Bonds issued to finance the improvements referenced in this
Project and Finance Plan.
The City has agreed to use TIRZ Revenues generated from each Parcel within the TIRZ to offset a
portion of the PID Annual Installment on the parcel for the Project Costs (the "TIRZ Credit"). The
PID Annual Installment for each Parcel shall be calculated by taking into consideration any TIRZ
Credit applicable to each respective Parcel.
ESTIMATED BONDED INDEBTEDNESS
The project costs are anticipated to be financed with PID Bonds, which may be issued in multiple
series.
Table V-B below shows the estimated sources and uses of the PID Bonds. The detailed estimated
annual PID Bond debt service schedule and the prorated debt service schedule related to the Project
Costs are shown in Appendix C to this plan.
Table V-B
Estimated Sources and Uses — PID Bonds
PID Bonds
City Major
Other Major
Sources of Funds
Improvements
Improvements
Total
Estimated Bond paramount
$10,909,663
$6,090,337
$17,000,000
Total Sources
$10,909,663
$6,090,337
$17,000,000
Uses of Funds
Major Improvements
Road improvements
$5,224,612
$1,982,947
$6,501,891
Water distribution system improvements
$233,236
$158,806
$248,543
Sanitary sewer improvements
$1,942,152
$246,399
$4,443,113
Storm drainage improvements
$0
$0
$0
Other soft and miscellaneous costs
$0
$395,933
$337,515
Subtotal
$7,400,000
$2,784,085
$11,531,062
Estimated Bond issue costs
$3,509,663
$1,959,275
$5,468,938
Total Uses
$10,909,663
$4,743,360
$17,000,000
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Draft
ESTIMATED TIME OF EXPENDITURE
Total public improvement costs in the estimated amount of $45,407,244 including the total Project
Costs, are anticipated to be expended beginning 2016 through 2023.
CURRENT TOTAL APPRAISED VALUES
According to the Developer, there are five current parcels within the TIRZ boundary. According to
the Collin CAD records, the 2015 total market value for the three parcels is $2,455,530. The total
acreage of the three current parcels is 368 acres.
Table V-C
Current (2015) AUpraised Values
Parcel ID
Acreage
2015
Assessed Value'
Collin County
2719039
181.89
$0
1001356
32.90
$493,455
2719040
22.28
$0
1007412
58.00
$870,000
2518072
73.96
$1,092,075
Total
369.03
$2,455,530
1 —The 2015 assessed value represents the 2015 market value shown in the
Collin CAD records for the parcels, although the parcels are classified as
agricultural use.
DURATION OF THE TIRZ
The TIRZ will last for a total of 30 years or until the estimated maximum amount of $21,048,883
representing the prorated amount of total bond obligations related to the TIRZ Project Costs is
expended, whichever occurs earlier. See Appendix C for the detailed calculation of the prorated
amount of total bond obligations.
PROJECTED MARKET AND ASSESSED VALUE
As described in the discussion on assessment procedures in the appraisal district, assessed values are
based on values as appraised by CAD, which, in turn, are meant to represent fair market value of the
properties. Different property types may be appraised using different methods, as described in
Section II of this report. This section of the report includes the estimated assessed value and an
explanation of the methodology used for each of the proposed development types of the TIRZ.
Assumptions
The properties are first assumed to be on the tax roll as developed property based on estimates of
when the property will be substantially completed. No interim construction values are estimated in
this report. For each property type, this study estimates future absorption based on the projected
absorption as provided in the Developer's pro forma.
17
Draft
As stated in Section V, the development plan for the District includes approximately 654 residential
units. Based on the projected absorption from the developer's pro forma provided to the City, this
plan assumes that the residential development will be built -out beginning in 2017 and continuing
through 2026.
For purposes of this plan, it is assumed that the project is absorbed at the pace contemplated by the
Developer. According to the Developer, the sale of residential units is expected to start in 2017 and
continue until the units are fully absorbed by 2026. Accordingly, the residential units are assumed to
appear in the tax roll starting January 2018. Refer to Appendix D for detailed annual absorption
figures.
PROJECTED BASE SALES PRICES
The projected average base homes prices for the residential units in the development as estimated by
the developer are shown in Table V-D.
TABLE V-D
Base Asking Price Per Unit
Project/Building
Units
Price Per Unit
100 ft residential units
49
$475,000
90 ft residential units
85
$427,500
80 ft residential units
185
$380,000
70 ft residential units
365
$332,500
Total
654
Source: the lot type, estimated units and projected asking prices are provided by the Developer.
While it is possible that home buyers might negotiate the asking price, it is also believed that any
discount from the base price will be offset by charges for buyer options such as exterior and interior
finish upgrades, premium lot locations, and other potential upgrades. Therefore, this study
assumes that units at the subject site achieve the average base asking average prices per unit shown in
Table V-E.
PROJECTED MARKET AND ASSESSED VALUE
Based on the projected development and estimated home base asking price per unit outlined in Table
V-D, the total projected assessed value for the development is shown in Table V-E. The total values
shown in these tables assume full build -out and stabilized values using 2015 dollars. Detailed
calculations of values are shown in the attached Appendices G at completion in tax year 2026. This
study assumes an inflation rate of 1.89 percent based on the 10-year average annual growth rate
of average home values calculated and shown in Table III -A in order to account for the effect of
market appreciation.
INCREMENTAL ASSESSED VALUES
18
Draft
As described in Section II of this Plan, the State of Texas mandates that property must be assessed
at its market value. Projected incremental assessed value at full build -out is shown in Table V-E.
TABLE V-E
Projected Incremental Values at Full Build -Out
Estimated Build out Year
Projected Value
Base Value
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
Detailed calculations of incremental values are included in Appendices E and F to this plan.
CALCULATION OF INCREMENTAL TAX REVENUE
The increase in property value created within the TIRZ will produce additional real property taxes.
In accordance with Texas statute, this incremental revenue is calculated by subtracting the base
value from the new total assessed value to get the net incremental value, which is then multiplied
by the applicable tax rate to determine the incremental tax revenue. Currently, the tax rate for the
City is $0.639000 per $100 assessed value, as described in Section II of this report.
The aggregate base value for properties located within the TIRZ is $2,455,530 based on the 2015
market values of the parcels in the TIRZ shown in the CAD records. At completion of the
development, the property in the TIRZ is estimated to have an assessed value of $264,349,727 in
2026 using an assumed inflation rate of 1.89 percent per year through 2026. Incremental value is,
therefore, estimated to be $261,894,197.
Total projected incremental taxes are as shown in the following calculations.
(Incremental Assessed Value) - 100 x (Tax Rate) = Incremental Real Property Tax
$261,894,197 - 100 x $0.639000 = $1,673,504
Appendices E and F include detailed calculations of projected incremental taxes.
Section II of this report describes various exemptions and credits that are available to certain
properties within the City. For the purposes of this report, no credits are assumed to pertain to the
property within the TIRZ. Therefore, total estimated tax increment revenues at full build -out of
Phase 1 are as shown in Table V-F.
TABLE V-F
Projected Incremental Taxes
Annual Incremental Taxes at Cumulative Total Through
Build out Build -Out 1 Calendar Year 2045
Year
2026 $1,673,504 $39,730,436
'Scenarios A and B assume full build -out in calendar year 2026-27.
19
Draft
Detailed calculations of these figures are included in the attached Appendices E and F.
Pursuant to the TIRZ ordinance, the City has committed to use 50 percent of the incremental taxes
for the payment of a portion of the debt service on the PID Bonds that have been issued to finance
the projects described in this Project and Finance Plan. As a result, the total estimated tax increment
revenues available for the payment of debt service at full build -out are as shown below in
Table V-G.
TABLE V-G
Projected Incremental Taxes
Available for TIRZ Projects
Annual Annual Incremental Taxes
Incremental available for payment of
Build out Year Taxes at PID Bond
Build -Out debt service Payment
2026-27 $1,673,504 $19,865,218
PLAN FEASIBILITY
As explained in the previous sections of this plan, the development is proposed to be developed
on a vacant land. As shown in Table V-D, the current aggregate assessed value of the property in
the development is $2,455,530 (shown as market value in the CAD records).
Projected Absorption and Projected Build -out Total Home Values
The development is projected to be fully built -out by 2026-27 based on the preliminary
absorption estimated by the Developer. Phase 1 is anticipated to be fully built out by 2019. Phase
2 is anticipated to begin in the final previous Phase build -out year and is anticipated to be fully
built by 2023. Phase 3 is anticipated to begin in 2022 while Phase 2 is still underway and
anticipated to be fully built out by 2026-27 as shown in Table V-H.
Table V-H
Estimated Build -out by Current and Future Phases
Phase
Estimated Build
out year
No of
Units
Cumulative
No. of Units
1
2019
207
207
2 and 3
2023
447
654
Note: Phase 2 and 3 are shown together as Phase 3 is anticipated to commence in
2022 before Phase 2 is fully built out.
The detailed absorption is presented in Appendix D as estimated by the Developer for each Lot
Type.
The aggregate home value in the District is estimated to be $81.4 million based on the estimated
20
Draft
absorption and projected home values provided by the Developer once Phase 1 is fully built. The
aggregate home value in the District is estimated to be $264.3 million once Phase 2 and 3 are
fully built. Table IV-1 below shows the estimated total home values by Phase once each Phase is
fully built.
Table V-I
Estimated Build -out by Current and Future Phases
Projected
Taxable
Estimated Build
Values at
Phase
No of Units
out year
Build out
1
207
2019
$81,410,037
2 and 3
447
2026
$182,939,690
Total
654
$264,349,727
Assuming the development is completed as planned, the proposed development is projected to
generate an aggregate of $39.7 million in incremental taxes under a 1.89 estimated annual
appreciation through build out over 30 years as shown in Table V-F. 50 percent of such annual
TIRZ incremental revenues generated up to a maximum total amount of $21,048,883 are
committed to be used for the payment of debt service on the PID Bonds used to finance the TIRZ
Projects while the TIRZ is in existence As a result, the proposed plan of financing the project
costs appears feasible.
21
Draft
VI. Assumptions & Limitations
The valuation of property for real property tax purposes is determined by the CAD. This plan
attempts to estimate how the CAD may estimate the value of the subject properties in the
future. The values estimated by the CAD will almost certainly differ from the estimates
included in this report. Values can change significantly over time, and these changes can be
significantly higher or lower than values in previous years. Determining property values for
tax purposes is not as straight forward or as simple as the analysis in this report. Many
factors not considered in this report may impact actual future values. Furthermore, property
values are not likely to be consistent from year to year.
The CAD often relies on market data to estimate the value of property. Property values can
be appealed, competition can be greater, national or local market conditions can change; in
short, there are many factors that can affect the valuation of property. These factors
make the projection of future values an imprecise exercise. The successful development of
the subject properties is critical to the values estimated in the report.
This report has assumed property taxes are paid as due. This study does not include an
analysis to determine if the owners of property within the TIRZ will be able or willing to
pay property taxes or if the tax collector will be able to collect unpaid taxes. The actual
delinquencies in the payment of real property taxes in the TIRZ will likely be different than
assumed in this report and a significant increase in the failure to pay property taxes would
materially affect the tax increment revenues available for debt service on the bonds.
This report estimates future tax increment revenues based on current real property tax rates.
Scenarios do not assume real property tax rates in the future will be different than tax rates
for fiscal year 2015. Real property tax rates have varied over the years and have declined
over the years. Real property tax rates will likely vary significantly in future years and be
different than assumed in this report and a significant decrease in real property tax rates could
materially affect the tax increment revenues available for debt on the bonds.
This report includes projections of tax increment revenues based on zero percent annual
appreciation for real property. Changes in values will not be consistent from year to year.
Future values are estimated based on values in 2015. Values in any future year may be less
than values in 2015.
This report assumes that the subject properties will be developed as projected in this report.
A delay in the development of properties or changes to the program of development would
reduce tax increment revenues during the years of the delay and could result in there being
inadequate tax increment revenues to pay debt service on the bonds. No analysis has been
conducted to determine if the subject properties are likely to be developed as projected.
22
Draft
Numerous sources of information were relied on in the preparation of this report. These
sources are believed to be reliable; however, no effort has been made to verify information
obtained from other sources.
In summary, this report necessarily incorporates numerous estimates and assumptions with
respect to property performance, general and local business and economic conditions, the
absence of material changes in the competitive environment and other matters. Some
estimates or assumptions will inevitably not materialize and unanticipated events and
circumstance will occur. As a result, actual results will vary from the estimates in this report
and the variations may be material.
Other assumptions made in the preparation of this report and limiting conditions to this report
are as follows:
1. There are no zoning, building, safety, environmental or other federal, state, or
local laws, regulations, or codes that would prohibit or impair the development,
marketing or operation of the subject properties in the manner contemplated in
this report, and the subject properties will be developed, marketed and operated in
compliance with all applicable laws, regulations, and codes.
2. No material changes will occur in (a) any federal, state or local law, regulation or
code affecting the subject properties or (b) any federal, state or local grant,
financing or other program to be utilized in connection with the subject
properties.
3. The local, national and international economies will not deteriorate and there will
be no significant changes in interest rates or in rates of inflation or deflation.
4. The subject properties will be served by adequate transportation, utilities and
governmental facilities.
5. The subject properties will not be subjected to any war, energy crises, embargo,
strike, earthquake, flood, fire or other casualty or act of God.
6. The subject properties will be developed, marketed, and operated in a highly
professional manner.
7. There are no existing, impending or threatened litigation that could hinder the
development, marketing, or operation of the subject properties.
8. MuniCap, Inc. does not have expertise in and has no responsibility for legal,
environmental, architectural, geologic, engineering, and other matters related to
the development and operation of the subject properties.
23
Draft
Appendix A
24
N 89°52'55"E
465.63'
N89°11'00"E
10'57"W
794.06'
2 32.18'
32.
N89°15'32"E, 742.56'
S90°00'00'E, 1755.97'
N89°5612" 71184.36'
S01 °06'39" E
R=700.00' 55.96'
=205,39' —�
D=16°48'41"
M.
'o �?
CD=204.65
S 15°42'02"W, 121.60'
R=700.00'
Ld
=205.39'
D=16°48'41"
co
CB=S7°17'41" W
d
CD=204.65
z
R=699.99'
N23°08'27"W
=116.43'
67.47'
D=9°31'48"
N88°26'26"W
CB=S3°39'15"W
365.15'
CD=116.30
R=700.03'
=101.69'
D=8° 19'23"
o
CB=S4°15'28"W
00
CD=101.60
co
R=700.00'
`-
=530.61'
Ld
D=43°25'52"
CB=S21 °48'40"W
co
CD=518.00
M
M
R=400.00'
S43°31'37"W, 310.13'
o
=25.41'
z
D=00°02'48"
CB=S43°40'02"W
N89°58'14"W 849.21'
CD=25.41
sc v
S00°56'1IT
265.80'
N89°44'50"
587.06'
4'27"W
387. 1'
,=L==
PELOTON
I I
LAND SOLUTIONS
lW75 MHN W.
FLLIOTT DR. STE 4W I FMSCO, TX 7WM I469 2I3-16W
EXHIBIT A - DEPICTION OF PROPERTY
VILLAGES OF
HURRICANE CREEK
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24
Appendix B
Estimated Improvement Costs
Description
Project Costs
Non-TIRZ Major
Improvement Costs
Other Costs
Total Costs
Road Improvements
FM 455 road improvements
$907,882
$0
$0
$907,882
Collector A road improvements
$286,387
$0
$0
$286,387
Collector B road improvements
$1,403,833
$181,671
$0
$1,585,504
Collector C road improvements
$2,654,816
$637,073
$0
$3,291,889
Collector D road improvements
$314,586
$115,643
$0
$430,229
Other road improvements
$0
$0
$9,985,907
$9,985,907
Subtotal
$5,567,504
$934,387
$9,985,907
$16,487,798
Water Distribution System Improvements
water improvements along FM 455
$20,897
$0
$0
$20,897
water improvements along Collector A
$32,289
$0
$0
$32,289
water improvements along Collector B
$15,375
$0
$0
$15,375
water improvements along Collector C
$179,982
$0
$0
$179,982
Other water improvements
$0
$0
$2,331,059
$2,331,059
Subtotal
$248,543
$0
$2,331,059
$2,579,602
Sanitary Sewer Collection System Improvements
Throckmorton LS to NTMWD sewer improvements
$1,583,741
$0
$0
$1,583,741
Lift station trunk sewer FM sewer'
$485,875
$0
$0
$485,875
Other sewer improvements
$0
$2,373,497
$2,650,595
$5,024,092
Subtotal
$2,069,616
$2,373,497
$2,650,595
$7,093,708
Storm Drainage Collection System Improvements
Drainage improvements
$0
$0
$1,520,401
$1,520,401
Subtotal
$0
$0
$1,520,401
$1,520,401
Other Costs
Land costs
$0
$0
$8,000,000
$8,000,000
Amenity center
$0
$0
$2,000,000
$2,000,000
Trail system
$0
$0
$600,000
$600,000
Retaining walls
$0
$0
$784,800
$784,800
Miscellaneous costs
$0
$0
$534,482
$534,482
Subtotal
$0
$0
$11,919,282
$11,919,282
Soft Costs
Flood study
SWPPP and final platting fees
Engineering review
Geotechnical testing
Subtotal
Total Estimated Construction Costs
Less: Estimated Developer funded portion
Subtotal
Estimated Bond issuance related costs
Estimated capitalized interest
Estimated debt service reserve
Other estimated bond issuance related costs
Subtotal
$0
$25,000
$0
$25,000
$0
$12,595
$0
$12,595
$0
$5,000
$0
$5,000
$0
$294,920
$0
$294,920
$0
$337,515
$0
$337,515
$7,885,663
$3,645,399
$28,407,244
$39,938,306
($485,663)
$7,400,000
$1,527,353 $852,647 $0 $2,380,000
$872,773 $487,227 $0 $1,360,000
$1,109,537 $619,401 $0 $1,728,938
$3,509,663 $1,959,275
$0 $5,468,938
Total Estimated Costs $10,909,663 $5,604,674 $28,407,244 $45,407,244
Draft
Draft
Appendix C
MuniCap 126
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule C: Estimated Bond Debt Service - PID Bonds
Total
Principal and
Prepayment
Delinquency
Total Bond
Year
Principal
Coupon
Interest
Interest
Reserve
Reserve
Debt Service
1
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
2
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
3
$194,000
7.000%
$1,190,000
$1,384,000
$34,000
$51,000
$1,469,000
4
$208,000
7.000%
$1,176,420
$1,384,420
$33,612
$50,418
$1,468,450
5
$224,000
7.000%
$1,161,860
$1,385,860
$33,196
$49,794
$1,468,850
6
$241,000
7.000%
$1,146,180
$1,387,180
$32,748
$49,122
$1,469,050
7
$259,000
7.000%
$1,129,310
$1,388,310
$32,266
$48,399
$1,468,975
8
$278,000
7.000%
$1,111,180
$1,389,180
$31,748
$47,622
$1,468,550
9
$299,000
7.000%
$1,091,720
$1,390,720
$31,192
$46,788
$1,468,700
10
$322,000
7.000%
$1,070,790
$1,392,790
$30,594
$45,891
$1,469,275
11
$346,000
7.000%
$1,048,250
$1,394,250
$29,950
$44,925
$1,469,125
12
$372,000
7.000%
$1,024,030
$1,396,030
$0
$73,145
$1,469,175
13
$400,000
7.000%
$997,990
$1,397,990
$0
$71,285
$1,469,275
14
$430,000
7.000%
$969,990
$1,399,990
$0
$69,285
$1,469,275
15
$462,000
7.000%
$939,890
$1,401,890
$0
$67,135
$1,469,025
16
$496,000
7.000%
$907,550
$1,403,550
$0
$64,825
$1,468,375
17
$534,000
7.000%
$872,830
$1,406,830
$0
$62,345
$1,469,175
18
$574,000
7.000%
$835,450
$1,409,450
$0
$59,675
$1,469,125
19
$617,000
7.000%
$795,270
$1,412,270
$0
$56,805
$1,469,075
20
$663,000
7.000%
$752,080
$1,415,080
$0
$53,720
$1,468,800
21
$713,000
7.000%
$705,670
$1,418,670
$0
$50,405
$1,469,075
22
$766,000
7.000%
$655,760
$1,421,760
$0
$46,840
$1,468,600
23
$824,000
7.000%
$602,140
$1,426,140
$0
$43,010
$1,469,150
24
$885,000
7.000%
$544,460
$1,429,460
$0
$38,890
$1,468,350
25
$952,000
7.000%
$482,510
$1,434,510
$0
$34,465
$1,468,975
26
$1,023,000
7.000%
$415,870
$1,438,870
$0
$29,705
$1,468,575
27
$1,100,000
7.000%
$344,260
$1,444,260
$0
$24,590
$1,468,850
28
$1,182,000
7.000%
$267,260
$1,449,260
$0
$19,090
$1,468,350
29
$1,271,000
7.000%
$184,520
$1,455,520
$0
$13,180
$1,468,700
30
$1,365,000
7.000%
$95,550
$1,460,550
$0
$6,825
$1,467,375
Total
$17,000,000
$24,898,790
$41,898,790
$357,306
$1,421,179
$43,677,275
Draft
Breakdown of Estimated Bond Debt Service Payments
City Major Improvements Portion
64.17% 35.83%
Major Improvement Bonds
TIRZ Major Improvements
Other Major Improvements
Estimated
Total
TIRZ Admin
Combined
Year
Principal' Interest'
Principah Interest
Expenses
Obligations
1
$0
$818,225
$0
$456,775
$0
$1,275,000
2
$0
$818,225
$0
$456,775
$20,000
$1,295,000
3
$124,499
$818,225
$69,501
$456,775
$20,000
$1,489,000
4
$133,483
$808,887
$74,517
$451,563
$20,000
$1,488,450
5
$143,751
$798,876
$80,249
$445,974
$20,000
$1,488,850
6
$154,661
$788,095
$86,339
$439,955
$20,000
$1,489,050
7
$166,212
$776,495
$92,788
$433,480
$20,000
$1,488,975
8
$178,405
$764,029
$99,595
$426,521
$20,000
$1,488,550
9
$191,882
$750,649
$107,118
$419,051
$20,000
$1,488,700
10
$206,642
$736,258
$115,358
$411,017
$20,000
$1,489,275
11
$222,044
$720,760
$123,956
$402,365
$20,000
$1,489,125
12
$238,729
$704,106
$133,271
$393,069
$20,000
$1,489,175
13
$256,698
$686,202
$143,302
$383,073
$20,000
$1,489,275
14
$275,950
$666,949
$154,050
$372,326
$20,000
$1,489,275
15
$296,486
$646,253
$165,514
$360,772
$20,000
$1,489,025
16
$318,305
$624,017
$177,695
$348,358
$20,000
$1,488,375
17
$342,692
$600,144
$191,308
$335,031
$20,000
$1,489,175
18
$368,362
$574,442
$205,638
$320,683
$20,000
$1,489,125
19
$395,957
$546,815
$221,043
$305,260
$20,000
$1,489,075
20
$425,477
$517,118
$237,523
$288,682
$20,000
$1,488,800
21
$457,564
$485,207
$255,436
$270,868
$20,000
$1,489,075
22
$491,577
$450,890
$274,423
$251,710
$20,000
$1,488,600
23
$528,798
$414,022
$295,202
$231,128
$20,000
$1,489,150
24
$567,944
$374,362
$317,056
$208,988
$20,000
$1,488,350
25
$610,941
$331,766
$341,059
$185,209
$20,000
$1,488,975
26
$656,505
$285,945
$366,495
$159,630
$20,000
$1,488,575
27
$705,919
$236,708
$394,081
$132,142
$20,000
$1,488,850
28
$758,542
$183,764
$423,458
$102,586
$20,000
$1,488,350
29
$815,658
$126,873
$455,342
$70,827
$20,000
$1,488,700
30
$875,982
$65,699
$489,018
$36,676
$20,000
$1,487,375
31
$0
$0
$0
$0
$0
$0
Total
$10,909,663
$17,120,005
$6,090,337
$9,557,270
$580,000
$44,257,275
1- The estimated principal and interest shares of the TIRZ Major Improvements are calculated as 64.17% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
1- The estimated principal and interest shares of the Non-TIRZ Major Improvements are calculated as 35.83% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
Draft
Draft
Appendix D
MuniCap 127
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule D: Projected Absorption - All Phases
Assessment
Year
Debt
Service
Year
Bond
Year
Ending
Lot Type
Annual
1 (100' Lot)
Cumulative
1-Jan-16
1
1-Sep-16
0
0
1-Jan-17
2
1-Sep-17
0
0
1-Jan-18
3
1-Sep-18
0
0
1-Jan-19
4
1-Sep-19
0
0
1-Jan-20
5
1-Sep-20
0
0
1-Jan-21
6
1-Sep-21
0
0
1-Jan-22
7
1-Sep-22
0
0
1-Jan-23
8
1-Sep-23
0
0
1-Jan-24
9
1-Sep-24
0
0
1-Jan-25
10
1-Sep-25
25
25
1-Jan-26
11
1-Sep-26
24
49
1-Jan-27
12
1-Sep-27
49
1-Jan-28
13
1-Sep-28
49
1-Jan-29
14
1-Sep-29
49
1-Jan-30
15
1-Sep-30
49
1-Jan-31
16
1-Sep-31
49
1-Jan-32
17
1-Sep-32
49
1-Jan-33
18
1-Sep-33
49
1-Jan-34
19
1-Sep-34
49
1-Jan-35
20
1-Sep-35
49
1-Jan-36
21
1-Sep-36
49
1-Jan-37
22
1-Sep-37
49
1-Jan-38
23
1-Sep-38
49
1-Jan-39
24
1-Sep-39
49
1-Jan-40
25
1-Sep-40
49
1-Jan-41
26
1-Sep-41
49
1-Jan-42
27
1-Sep-42
49
1-Jan-43
28
1-Sep-43
49
1-Jan-44
29
1-Sep-44
49
1-Jan-45
30
1-Sep-45
49
1-Jan-46
31
1-Sep-46
49
1-Jan-47
32
1-Sep-47
49
1-Jan-48
33
1-Sep-48
49
Lot Type 2 (90' Lot)
Annual
Cumulative
0
0
0
0
1
1
4
5
4
9
4
13
4
17
2
19
11
30
25
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
Lot Type 3 (80' Lot)
Annual Cumulative
0
0
0
0
22
22
44
66
37
103
24
127
13
140
24
164
21
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
Lot Type 4 (70' Lot)
Annual
Cumulative
0
0
0
0
24
24
48
72
13
85
64
149
64
213
59
272
64
336
29
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
Annual
0
0
47
96
54
92
81
85
96
79
24
0
0
0
0
Total
Cumulative
0
0
47
143
197
289
370
455
551
630
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
Total 49 365 654
Note: The projected absorption schedule is provided by the developer.
MuniCap, Inc.
Draft Draft
Draft
Appendix E
MuniCap 128
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule E: Projected Assessed Value - All Phases
Total
Debt
Bond
1.89%
Lot Type 1 (100' Lot)
Lot Type 2 (90' Lot)
Lot Type 3 (80' Lot)
Lot Type 4 (70' Lot)
Estimated
Estimated
Estimated
Assessment
Service
Year
Inflation
Value Per
Market
Value Per
Market
Value Per
Market
Value Per
Market
Market
Assessment
Assessed
Year
Year
Ending
Factor'
Units
Unit`
Value
Units
Unit`
Value
Units
Unit
Value
Units
Unit
Value
Value
Rate'
Value
1-Jan-16
I
1-Sep-16
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
I-Jan-17
2
1-Sep-17
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
1-Jan-18
3
1-Sep-18
100.0%
0
$483,994
$0
1
$435,595
$435,595
22
$387,196
$8,518,303
24
$338,796
$8,131,107
$17,085,005
94%
$15,998,358
1-Jan-19
4
1-Sep-19
101.9%
0
$493,159
$0
5
$443,843
$2,219,217
66
$394,527
$26,038,810
72
$345,212
$24,855,229
$53,113,255
94%
$49,735,126
1-Jan-20
5
1-Sep-20
103.8%
0
$502,498
$0
9
$452,248
$4,070,231
103
$401,998
$41,405,805
85
$351,748
$29,898,609
$75,374,645
94%
$70,580,639
1-Jan-21
6
1-Sep-21
105.8%
0
$512,013
$0
13
$460,812
$5,990,550
127
$409,610
$52,020,502
149
$358,409
$53,402,936
$111,413,987
94%
$104,327,793
1-Jan-22
7
1-Sep-22
107.8%
0
$521,708
$0
17
$469,537
$7,982,135
140
$417,367
$58,431,314
213
$365,196
$77,786,687
$144,200,136
94%
$135,028,664
1-Jan-23
8
1-Sep-23
109.8%
0
$531,587
$0
19
$478,428
$9,090,139
164
$425,270
$69,744,228
272
$372,111
$101,214,184
$180,048,552
94%
$168,597,035
1-Jan-24
9
1-Sep-24
111.9%
0
$541,653
$0
30
$487,488
$14,624,634
185
$433,322
$80,164,660
336
$379,157
$127,396,811
$222,186,105
94%
$208,054,540
I-Jan-25
10
1-Sep-25
114.0%
25
$551,910
$13,797,743
55
$496,719
$27,319,531
185
$441,528
$81,682,639
365
$386,337
$141,012,934
$263,812,847
94%
$247,033,722
1-Jan-26
11
1-Sep-26
116.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-27
12
1-Sep-27
118.4 %
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-28
13
1-Sep-28
120.6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-29
14
1-Sep-29
122.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-30
15
1-Sep-30
125.2%
49
$562,361
$27,555,667
55.
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-31
16
1-Sep-31
127.6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-32
17
1-Sep-32
130.0%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-33
18
1-Sep-33
132.5%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-34
19
1-Sep-34
135.0%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-35
20
1-Sep-35
13T6%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-36
21
1-Sep-36
140.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-37
22
1-Sep-37
142.8%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-38
23
1-Sep-38
145.5%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-39
24
1-Sep-39
148.3%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-40
25
1-Sep-40
151.1%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-41
26
1-Sep-41
153.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-42
27
1-Sep-42
156.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-43
28
1-Sep-43
159.8%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-44
29
1-Sep-44
162.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-45
30
1-Sep-45
165.9%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
MuniCap, Inc.
I The estimated annual growth rate is calculated as the ten-year average annual growth rate of average home values in the city.
2 Estimated value per unit based on information provided by the developer.
3 The projections assume that the assessed value is approximately 94 percent of the estimated sales price as reported by the developer with 1.89 % annual inflation factor. The 6% reduction is based on the ten-year average total exemption to taxable value ratios.
Draft Draft
Draft
Appendix F
MuniCap 129
CITY OFANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule F: Projected Incremental Real Property Tax - All Phases
Estimated
Debt
Bond
1.89%
Estimated
Base
Little
Estimated
Base
Estimated
Incremental Real
Estimated
Estimated
Assessment
Service
Year
Inflation
Assessed
Year
Elm Tax
Real Propert
Year
Incremental Real
TIRZ
Property Tax
TIRZ related
Developer Funded
Year
Year
Ending
Factor'
Value
Value
Rate
Tax
Tax
Property Tax
Percentage2
Available
Obligation93
Obligations Amount
1-Jan-16
1
1-Sep-16
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$0
$0
1-Jan-17
2
1-Sep-17
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$20,000
$20,000
1-Jan-18
3
1-Sep-18
101.9%
$15,998,358
($2,455,530)
$0.6390
$102,230
($15,691)
$86,539
50%
$43,269
$962,723
$962,723
1-Jan-19
4
1-Sep-19
103.8%
$49,735,126
($2,455,530)
$0.6390
$317,807
($15,691)
$302,117
50%
$151,058
$962,370
$919,101
1-Jan-20
5
1-Sep-20
105.8%
$70,580,639
($2,455,530)
$0.6390
$451,010
($15,691)
$435,319
50%
$217,660
$962,627
$811,569
1-Jan-21
6
1-Sep-21
107.8%
$104,327,793
($2,455,530)
$0.6390
$666,655
($15,691)
$650,964
50%
$325,482
$962,755
$745,096
1-Jan-22
7
1-Sep-22
109.8%
$135,028,664
($2,455,530)
$0.6390
$862,833
($15,691)
$847,142
50%
$423,571
$962,707
$637,225
1-Jan-23
8
1-Sep-23
111.9%
$168,597,035
($2,455,530)
$0.6390
$1,077,335
($15,691)
$1,061,644
50%
$530,822
$962,434
$538,863
1-Jan-24
9
1-Sep-24
114.0%
$208,054,540
($2,455,530)
$0.6390
$1,329,469
($15,691)
$1,313,778
50%
$656,889
$962,531
$431,709
1-Jan-25
10
1-Sep-25
116.2%
$247,033,722
($2,455,530)
$0.6390
$1,578,545
($15,691)
$1,562,855
50%
$781,427
$962,900
$306,011
1-Jan-26
11
1-Sep-26
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,803
$181,376
1-Jan-27
12
1-Sep-27
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,836
$126,084
1-Jan-28
13
1-Sep-28
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,900
$126,148
1-Jan-29
14
1-Sep-29
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,900
$126,148
1-Jan-30
15
1-Sep-30
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,739
$125,987
1-Jan-31
16
1-Sep-31
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,322
$125,570
1-Jan-32
17
1-Sep-32
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,836
$126,084
1-Jan-33
18
1-Sep-33
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,803
$126,051
1-Jan-34
19
1-Sep-34
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,771
$126,019
1-Jan-35
20
1-Sep-35
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,595
$125,843
1-Jan-36
21
1-Sep-36
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,771
$126,019
1-Jan-37
22
1-Sep-37
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,467
$125,715
1-Jan-38
23
1-Sep-38
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,819
$126,068
1-Jan-39
24
1-Sep-39
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,306
$125,554
1-Jan-40
25
1-Sep-40
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,707
$125,955
1-Jan-41
26
1-Sep-41
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,450
$125,699
1-Jan-42
27
1-Sep-42
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,627
$125,875
1-Jan-43
28
1-Sep-43
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,306
$125,554
1-Jan-44
29
1-Sep-44
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$962,531
$125,779
1-Jan-45
30
1-Sep-45
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$961,680
$124,928
$40,169,779 $39,730,436 $19,865,218 $26,973,218 $7,944,752
t The estimated annual growth rate is calculated as a 10 average annual growth rate of average home values in the city.
2 The projections assume that 50 percent of the incremental real property tax will be made availabel for the partial payment of debt service on the PID Bonds.
' The maximum amount of TIRZ related obligations is set not to exceed $21,048,883 per the Development Agreement.
Mu,iCup, 1-.
Draft Draft
Draft
Appendix G
iMuniCap 1.30
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
C. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: A line parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and a right-of-way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
11
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
W1
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120T
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
0
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 8,400 square feet
7
B.
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
E
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5
7
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
16
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages maybe front facing orJ Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-201Z adopted 1012312012)
18
V. DEVELOPMENT SCHEDULE
Date
Total Lots
2015
150
2016
250
2017
300
2018
375
2019
450
2020
550
2021
654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
19
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 89°5255"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°1741"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°0544"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
23
N
Draft
CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE NO. _
PRELIMINARY PROJECT AND FINANCING PLAN
December 3, 2015
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CITY OF ANNA
TAX INCREMENT REINVESTMENT ZONE No. _
PRELIMINARY PROJECT AND FINANCING PLAN
Table of Contents
I Executive Summary 1
II Assessment and Tax Collection Procedures 3
III Historical Appreciation in Taxable Values 9
IV Project Plan 11
V Financing Plan 14
VI Assumptions and Limitations 22
List of Appendix
Appendix A - Maps
Appendix B — Estimated Project Costs
Appendix C - Bond Debt Service Schedule
Appendix D — Projected Absorption
Appendix E — Projected Assessed Values
Appendix F — Projected Incremental Real Estate Taxes
Appendix G — Development Standards
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I. Executive Summary
PURPOSE OF TIRZ PROJECT AND FINANCING PLAN
The purpose of this plan is to provide estimates of real property tax increment revenues resulting
from the proposed Villages of Hurricane Creek development (the "Development") and
available to offset assessments to be levied for repaying bonds to be issued by the City of
Anna, Texas (the "City"). In particular, the study provides estimates of future real property tax
increment revenues generated by the property within the City of Anna Tax Increment
Reinvestment Zone No. _ (the "TIRZ").
As real property taxes are generated on an ad valorem basis from assessed values, it is first
necessary to estimate the future assessed value resulting from the TIRZ. This plan provides
assessed value information based on the following:
• The development is completed as proposed by CADG Hurricane Creek, LLC (the
"Developer");
• The units are sold according to the development pace estimated by the Developer, as
summarized in subsequent sections of this report;
• Property values are projected to increase at 1.89 percent annual rate of inflation through
estimated build -out in calendar year 2025 as calculated based on the ten-year average growth
rate of annual average single family home prices between 2006 and 2015; and
• The real property tax rate remains static at the tax year 2015 level in future years.
ORGANIZATION OF TIRZ PLAN
This plan begins with a discussion of the assessment and tax collection procedures within the
City. Following this discussion is an analysis of historic appreciation of taxable values within
the City. The report continues with a project plan that includes a narrative description of the
TIRZ. Next, an account of the proposed development within the TIRZ, including an estimate of
the projected market and assessed values for the proposed properties, is provided.
The report continues with a calculation of real property tax increment revenues based on the
estimated assessed values in preceding sections of the report. Finally, the report provides
comprehensive projections of all estimated available revenue created by the TIRZ and shows the
estimated debt service coverage generated by this revenue.
RESULTS
In summary, the TIRZ financing analysis indicates that, assuming 1.89 percent annual inflation
through estimated build -out in calendar year 2025, the TIRZ is estimated to have an incremental
value of $264,349,727 million at the time of completion of all phases in calendar year 2025.
Table I -A provides the projected total and incremental assessed value for the District after the
projected build -out in calendar year 2025. Refer to Appendices E and F, attached hereto, for more
information on the projected incremental value for each year.
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TABLE I -A
Projected Assessed Values
Year
Projected Value
Base Value'
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
1 - The base value of $2,455,530 represents the 2015 market value shown in CAD records.
The assessed values displayed in Table I -A are the basis for estimating incremental real
property taxes. The projected incremental taxes are shown in Table I-B. The project is
anticipated to be fully built out in calendar year 2025. Accordingly, the property in the TRIZ is
anticipated to be assessed in full starting January 2026 and the related incremental taxes will
become fully available starting 2027.
TABLE I-B
Projected Incremental Taxes
Annual Incremental Total Incremental Taxes
Taxes at Build -out through tax year 2045
$1,673,504 $39,730,436
Refer to Appendix F for projected tax increment revenues for each year. Estimates of annual debt
service coverage are included in Appendix C of this report.
The financing plan for the public improvements contemplates the issuance of special revenue
bonds by the City secured by special assessments on property within the Villages of Hurricane
Creek Public Improvement District ("PID Assessments"). The bonds secured by the PID
Assessments are referred to as the "PID Bonds" and are estimated to total $30,000,000,
$17,000,000 in bond par amounts of which is anticipated to be used to finance the major
improvements including the Project Costs.
The TIRZ Project Costs represent a portion of the total public improvements to be funded with
the PID Bonds. As a result, real property tax increment revenues are intended to pay an equivalent
portion the debt service on the PID Bonds and will be applied as discussed more fully in PID
Service and Assessment Plan.
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IL Assessment and Tax Collection Procedures
ASSESSMENT PROCEDURES
Overview
Pursuant to Texas Tax Code, all taxable property is appraised at its market value as of January 1
of each year. Each county in Texas is served by an appraisal district, which determines the value
of all of the county's taxable property. Generally, local governments that collect property taxes,
such as counties, cities and school districts, are members of the appraisal district.
Methodology
The appraisal districts use different valuation methods depending on property type and
circumstances. A brief description of these methods follows.
Cost Approach — As the name implies, the cost approach values property on the basis of the
costs of development. The value of a structure is determined by estimating the cost to replace
the building with a new structure and then subtracting depreciation. This method assumes the
cost of replacing the existing building plus the value of the land equals market value. The steps
in applying the cost approach include:
• Estimating the site value (land and site improvements) through review of comparable
sales;
• Estimating the cost of replacing the existing building with one of similar usefulness
(reflecting current building design and materials); and
• Deducting all sources of depreciation, including physical deterioration ("wear and tear"
on a building) and functional and economic obsolescence. Functional obsolescence is the
reduced ability of the building to perform the function it was originally designed and built
for. Economic obsolescence refers to external forces that affect the ability of the building
to continue to perform, such as changes in transportation corridors and new types of
building design demanded by the market.
The cost approach is relied upon most often when the property being appraised is new or nearly
new and income is not yet stabilized, where there are no comparable sales, or where the
improvements are relatively unique or specialized.
Market Data Comparison Approach — The market data comparison approach is based on the
premise that the value of a specific property is set by the price an informed purchaser would pay
for a comparable property, offering similar desirability and usefulness. For instance, if recent
sales of condominium units within the same building indicate an increase in market values, all
assessed values for condominiums in the building will be reassessed to reflect this increase in
market value. This requires an understanding and comparison of market variables, such as
location, property size, physical features and economic factors. The process of identifying and
analyzing comparable property sales is repeated until a satisfactory range of value indicators for
the subject property is established and a final estimate of value is possible. The limitations of the
sales comparison approach are that it requires recent sales data for similar properties. The
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sales comparison approach is relied upon most often for appraising the sale of residential property
and is most likely to be relevant for the proposed residential development in the TIRZ.
According to the Collin Central Appraisal District ("CAD"), properties developed in new
subdivisions are typically appraised based on the sales price of the new homes developed in the
subdivisions using a market comparison approach to value.
Income Approach — The income approach to value is based on the premise that the value of a
property is directly related to the income it will generate. The appraisal districts analyze both
the property's ability to produce future income and its expenses, and based on projected
new income, estimates the property's value. The appraiser develops a capitalization rate by
analyzing the sales of similar income properties and determining the relationship between the sale
price and net income.
The steps in applying the income capitalization approach are to determine the stabilized, net -
operating income by:
• Estimating potential gross income from all sources;
• Deducting an allowance for vacancy and bad debts; and
• Deducting all direct and indirect operating expenses.
The resulting net operating income is capitalized by a market rate, which reflects the property
type and effective date of valuation to produce an estimate of overall property value.
To determine the effective gross income, the appraiser estimates market rents by analyzing
rents, both within the property being assessed and in comparable properties in the neighborhood,
and making an allowance for vacancy and collection loss. Net operating income is estimated by
deducting operating expenses.
The appraiser typically determines the capitalization rate by analyzing sales (comparing net
operating income to sale price) in the same market for similar properties to determine
the ratio of net operating income to sales price. The capitalization rate will vary depending on
the attractiveness of a property as an investment, income risks and physical factors, among other
factors. In the absence of sufficient sales data, the appraisal districts may use standard industry
rates as generated by other sources to determine cap rates.
The income approach is relied upon most often when appraising properties that produce a rental
income from single or multiple tenants. The capitalized value of the income stream provides an
estimate of the market value of the property (land and improvements).
An appraisal district may use any of the three common methods to value property. The
legislature also authorizes appraisal districts to use a method called mass appraisal to calculate
the value of a large number of similar properties. According to Section 23.01(b) of the Texas
Property Tax Code:
if the appraisal district determines the appraised value of a property using mass appraisal
standards, the mass appraisal standards must comply with the Uniform Standards of
Professional Appraisal Practice. The same or similar appraisal methods and techniques shall
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be used in appraising the same or similar kinds of property. However, each property shall be
appraised based upon the individual characteristics that affect the property's market value,
and all available evidence that is specific to the value of the property shall be taken into
account in determining the property's market value.
Appeals
According to the CAD, property owners may utilize the CAD appeal procedures if they have a
concern about:
• the market or appraised value of the property;
• unequal appraisal of the property compared to other properties;
• the inclusion of the property on the appraisal roll;
• any exemptions that may apply to the property owner;
• the qualification for an agricultural or timber appraisal;
• the taxable status of the property;
• the local governments which should be taxing the property;
• the ownership of property;
• a change of use of land receiving special appraisal;
• any action taken by the chief appraiser, CAD or Appraisal Review Board ("ARB") that
applies to and adversely affects the property.
If property owners cannot resolve their concern informally with the CAD staff, they may have
their cases heard by the ARB. The ARB is an independent board of citizens that review problems
with appraisals or other concerns listed above. It has the power to order the CAD to make the
necessary changes to solve problems. If a property owner files a written request for an ARB
hearing (called a notice of protest) on or before May 31 (or 30 days after the notice of appraised
value was mailed to the property owner, whichever is later), the ARB will set the case for a
hearing. The property owner will receive written notice of the time, date, and place of the
hearing. After it decides the case, the ARB must send them a copy of its order by certified mail.
If the property owner is not satisfied with the decision, it has the right to appeal. If it chooses to
go to court, the property owner must start the process by filing a petition within 60 days of
the date it receives the ARB's order. In certain cases, as an alternative to filing an appeal in
district court, the property owner may file not later than the 45th day after it receives notice of
the ARB order a request for binding arbitration with the CAD. In certain cases originating in
certain counties, as an alternative to filing an appeal in district court, the property owner may
appeal to the State Office of Administrative Hearings (SOAH). An appeal to SOAH is initiated
by not later than the 30th day after the property owner receives notice of the ARB's order by
filing with the chief appraiser of the CAD a notice of appeal. CAD also takes a similar approach.
TAXATION PROCEDURES
Timeline
The assessment and property tax process for each tax year includes the following steps:
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Dates Event
January 1 CADs are required to appraise property on this date. A lien attaches to
each taxable property to ensure property tax payment.
January 1 - April 30 CAD completes appraisals and processes applications for exemptions.
April - May Appraisal districts send notices of appraised value.
May 1 Appraisal review board begins hearing protests from property owners.
July 1 Local taxing units may impose additional penalties for legal costs related
to collecting unpaid taxes.
August - September Local taxing units adopt tax rates.
October 1 Local taxing units (or county tax assessor -collector, acting on their
behalf) begin sending tax bills to property owners.
January 31 Taxes due to local taxing units (or county tax assessor -collector, if acting
on their behalf).
February 1 Local taxing units begin charging penalty and interest for unpaid tax
bills.
Penalties and Interest
According to the Collin County Tax Collector's offices, If taxes are not paid by January 31St,
penalties and interest will accrue are follows:
If tax paid in:
Penalty
_
Interest _
Total
February
6%
+
1%
= 7%
March
7%
+
2%
= 9%
April
8%
+
3%
= 11%
May
9%
+
4%
= 13%
June
10%
+
5%
= 15%
July
12%
+
6%
= 18%
Penalties reach a maximum of 12% and interest of 1% is added each month after the due date. All
real property accounts not paid in full by June 30th of the year in which they become delinquent
will be referred to the delinquent tax attorney for enforced collection and will incur an additional
penalty equal to 15% - 20% of the total taxes, penalties, and interest due.
Historical Levy and Collection Summary
According to City records, on average 97 percent of real property taxes were paid within the
fiscal year they were levied from 2006 to 2014, as shown below in Table II -A.
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TABLE II -A
Summary of Levy and collections
Year
Total Tax
Levy'
Collected within the
Fiscal Year of the Levy
Amount2 Percentage
Collections
in
subsequent
Years3
2006
$1,186,370
$1,132,491
95.46%
$53,879
2007
$1,541,817
$1,494,560
96.93%
$47,257
2008
$2,038,288
$1,963,103
96.31 %
$75,185
2009
$2,247,895
$2,189,575
97.41%
$58,320
2010
$2,407,914
$2,344,075
97.35%
$63,839
2011
$2,418,445
$2,340,959
96.80%
$77,486
2012
$2,346,442
$2,275,419
96.97%
$71,023
2013
$2,483,857
$2,436,406
98.09%
$47,451
2014
$2,807,140
$2,757,013
98.21%
$50,127
Source: City of Anna audited financial statements
1— Amounts reported as property tax revenue in the city audited financial statements.
2 — Amounts calculated as the difference between property tax revenues and property taxes
receivable as of the end of each fiscal year..
3 — Amounts reported as property taxes receivable as of the end of each year.
Tax Sale
According to the Collin County Tax Collector's website, tax sales are held once orders of sale are
issued from the district courts in reference to tax judgments for delinquent taxes. Real property
being sold as a result of a foreclosure to satisfy delinquent taxes is required by Texas law to be
sold on the first Tuesday of the month. All counties have sales on the same day.
Tax Rates
Tax rates are set on an annual basis by the City. For tax year 2015, the real property tax rate in
the City is $0.639000 per $100 of assessed value.
City tax rates have fluctuated in past years. It is likely that the tax rate will continue to change
overtime; for purposes of this study, however, it is assumed that the tax rate will remain at its
current level in future years. The City intends to apply approximately 50 percent of the
incremental taxes generated from the development of the property in the PID, which property is
also contained in the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the
improvements referenced in this Project and Finance Plan.
Table II-B provides historical tax rates in the City from tax years 2006 to 2015.
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TABLE II-B
City of Anna Historical Tax Rates 2006-2015
Tax Year
City Tax Rate Per $100
Assessed Value
2006
$0.525000
2007
$0.575000
2008
$0.575000
2009
$0.622733
2010
$0.650332
2011
$0.650332
2012
$0.650332
2013
$0.650332
2014
$0.649000
2015
$0.639000
Source: CAD historical tax rates summary
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III. Historical Appreciation in Taxable Values
Property values typically appreciate over time. The City total taxable assessed value (TAV)
information from 2006 to 2015, as shown in the CAD certified totals for tax years 2006 through
2015, indicate that the aggregate TAV for single family homes has increased from year to year
except in 2010 through 2012.
Table III -A shows the average annual appreciation of assessed values in the City from 2006 to
2015. The percentage growth in any given year indicates the appreciation over the prior year and is
not cumulative.
TABLE I11-A
Historical Appreciation in Values
Year
Single
Family (SF)
Homes TAV
New
construction
SF Homes
TAV
Net Existing
SF Homes
TAV
Growth %
Total SF
Homes
Average
Home
Value
Growth %
2006
$199,527,259
$31,604,670
$167,922,589
1984
$100,568
2007
$263,024,626
$28,471,493
$234,553,133
18.19%
2287
$115,009
6.94%
2008
$296,002,445
$11,862,915
$284,139,530
10.06%
2488
$118,972
1.71%
2009
$295,837,682
$5,897,500
$289,940,182
1.02%
2584
$114,488
-1.90%
2010
$288,215,832
$979,167
$287,236,665
-0.47%
2615
$1109216
-1.88%
2011
$282,164,842
$899,486
$281,265,356
-1.04%
2653
$106,357
-1.77%
2012
$287,226,986
$6,014,449
$281,212,537
-0.01%
2859
$100,464
-2.81%
2013
$331,222,971
$21,688,228
$309,534,743
4.91%
3126
$105,957
2.70%
2014
$419,875,700
$30,278,959
$389,596,741
12.19%
3483
$120,550
6.66%
2015
$509,719,967
$36,441,651
$473,278,316
10.22%
3666
$139,040
7.40%
10-Yr Averages
6.12%
1.89%
CAGR - 10 Yr
9.83%
10.92%
3.29%
CAGR -5Yr
12.56%
10.91%
5.51%
CAGR - 3 Yr
15.45%
15.20%
9.48%
Source — Collin CAD certified totals for tax years 2006 through 2015.
Based on the annual appreciation rates shown in Table III -A, the 10-yr average annual growth
rate of average home values from 2006 to 2015 is approximately 1.89 percent, the compound
annual growth rate of average home values from 2006 to 2015 is approximately 3.29 percent, the
compound annual growth rate of average home values from 2011 to 2015 is approximately 5.51
percent and the compound growth rate of average home values from 2013 to 2015 is equal to 9.48
percent. A future annual appreciation rate of 1.89 percent for all property, representing the lowest
average growth rate computed using the three different value estimation bases shown in Table III -
A (total TAV of single family homes, total TAV of single family homes net of new construction
value and average home values) has been used for this study to project future appreciated assessed
values through estimated build out in calendar year 2025 and the estimated home values are held
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constant after build out. Based on the historic trends outlined in this section, this rate is believed
to be conservative.
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IV. Project Plan
Pursuant to Ordinance No. (the "TIRZ Ordinance"), the City created Reinvestment Zone
No. _, City of Anna, Texas as a TIRZ under the provisions of Chapter 311 of the Texas Tax
Code, as amended. The land within the TIRZ is comprised of approximately 368 acres and is
coterminous with the land within the PID.
As more fully described in subsequent sections of this report, approximately 654 residential
units are planned for the TIRZ. The City is planning to issue bonds for the purpose of
financing public improvements necessary for the improvements in the PID.
Tax increment financing is a redevelopment and financing tool by which governments can
provide financial assistance to fund infrastructure for eligible public and private redevelopment
efforts within an officially designated area of the development. Increases in property tax
revenues, which are generated primarily from new investment in the TIRZ, are allocated to pay
debt service on debt issued to pay for such infrastructure costs within the TIRZ.
LOCATION
The TIRZ is approximately 45 miles from Dallas, Texas, and approximately 70 miles from Fort
Worth, Texas. A map and metes and bounds of the TIRZ, as well as the corresponding proposed
development, are included as Appendix A to this Plan.
ECONOMIC AND DEMOGRAPHIC INFORMATION
According to the City website, the City is located on State Highway 5, Farm Road 455, and U.S.
Highway 75 eleven miles northeast of McKinney in north central Collin County.
According to City -Data, the population of the City has grown by approximately 27.6 percent
between 2010 and 2014 (US Census Bureau quick facts). According to City -Data, the average
unemployment rate of the City was 5 percent, compared to 5.5 percent for the State of Texas and
5.3 percent nationally (City-Data.com/city/Anna-Texas; Bureau of Labor Statistics) for June 2014.
The 2013 median household income for the City was $66,243 and the median home price
was $137,315, compared to the 2013 median household income of $51,704 and the median
home price of $132,000 for the State of Texas (City-Data.com/city/Anna-Texas).
EXISTING USES OF PROPERTY
According to the Developer and CAD records, the property within the TIRZ boundary is
classified as of January 1, 2015 under agricultural land use.
A site map showing the current uses of the property is included as Appendix A to this plan.
PROPOSED DEVELOPMENT
The TIRZ is proposed to be developed as a residential development with 654 residential units and
is proposed to include four types of single family residential lots. The property in the TIRZ is
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anticipated to be developed into 49 100-ft lots, 55 90-foot lots, 185 80-foot lots and 365 70-foot
lots to be developed in approximately three phases. Table IV -A summarizes the projected
development of the TIRZ. Detailed estimation of absorption for the development as provided by
the Developer on an annual basis is shown in Appendix D attached hereto.
Appendix A at the end of this section provides a concept plan for the proposed development
within the TIRZ.
TABLE IV -A
Summary of Proposed Development
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
55 units
80 Ft Lots
185 units
70 Ft Lots
365 units
Total
654 units
Table IV-B below shows the proposed residential development within Phase 1.
Table IV-B
Proposed Development —Phase 1
Proposed Lot Type
Quantity
90 Ft Lots
19 units
80 Ft Lots
103 units
70 Ft Lots
85 units
Total
207 units
Table IV-C on the following page shows the proposed residential lot types within the remaining
future phases.
Table IV-C
Proposed Development — Future Phases other than Phase 1
Proposed Lot Type
Quantity
100 Ft Lots
49 units
90 Ft Lots
36 units
80 Ft Lots
82 units
70 Ft Lots
280 units
Total
447 units
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PROPOSED CHANGES
Details regarding the proposed zoning for the development, which are included in the Subdivision
Improvement Agreement between the Developer and the City (the "Subdivision Improvement
Agreement") dated as of March 11, 2015, are shown as Appendix G to this plan.
ESTIMATED NONPROJECT COSTS
According to the project engineer, the total estimated amount of improvements planned to be
constructed for the development is $45,407,244. As shown in Table V-A of this Project and
Finance Plan, the total estimated amount of Project Costs eligible for TIRZ incremental revenue
financing is $11,395,326. As a result, the total amount of public improvement costs that are not
eligible for TIRZ incremental revenue financing ("Nonproject Costs") is estimated to be
$34,011,918. Table IV-D shows a detailed list of these Nonproject Costs for public improvements
as provided by the project engineer.
Table IV-D
Estimated Nonproject Costs
Total
Description
Estimated Costs
Improvements:
Road Improvements
$16,487,798
Water Distribution System Improvements
$2,579,602
Sanitary Sewer Collection System Improvements
$7,093,708
Storm Drainage Collection System Improvements
$1,520,401
Other Costs
$11,919,282
Subtotal: Estimated improvement costs
$39,600,791
Soft costs including engineering and testing
$337,515
estimated bond issuance costs details in Appendix B
$5,468,938
Subtotal: Estimated soft costs
$5,806,453
Grand Total Improvement + Soft Costs
$45,407,244
Less: Project Costs,
($11,395,326)
Total Nonproject Costs
$34,011,918
1 — The Project Costs shown here include the estimated Developer funded portion of $485,663. See Table V-A for details.
METHOD OF RELOCATION
The proposed development is being developed on vacant land. Accordingly, there are no persons
to be relocated as a result of implementing the plan.
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V. Financing Plan
PROJECT COSTS
Section 311.002 of the Tax Increment Financing Act defines project costs as "the expenditures
made or estimated to be made and monetary obligations incurred or estimated to be incurred by the
municipality or county designating a reinvestment zone that are listed in the project plan as costs of
public works, public improvements, programs, or other projects benefiting the zone, plus other costs
incidental to those expenditures and obligations." Project costs include:
(A) capital costs, including the actual costs of the acquisition and construction of public works,
public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition,
demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and
fixtures; the actual costs of the remediation of conditions that contaminate public or private
land or buildings; the actual costs of the preservation of the facade of a public or private
building; the actual costs of the demolition of public or private buildings; and the actual costs of
the acquisition of land and equipment and the clearing and grading of land;
(B) financing costs, including all interest paid to holders of evidences of indebtedness or other
obligations issued to pay for project costs and any premium paid over the principal amount of
the obligations because of the redemption of the obligations before maturity;
(C) real property assembly costs;
(D) professional service costs, including those incurred for architectural, planning, engineering, and
legal advice and services;
(E) imputed administrative costs, including reasonable charges for the time spent by employees of
the municipality or county in connection with the implementation of a project plan;
(F) relocation costs;
(G) organizational costs, including the costs of conducting environmental impact studies or other
studies, the cost of publicizing the creation of the zone, and the cost of implementing the project
plan for the zone;
(H) interest before and during construction and for one year after completion of construction,
whether or not capitalized;
(1) the cost of operating the reinvestment zone and project facilities;
(J) the amount of any contributions made by the municipality or county from general revenue
for the implementation of the project plan;
(K) the costs of school buildings, other educational buildings, other educational facilities,
or other buildings owned by or on behalf of a school district, community college district, or
other political subdivision of this state; and
(L) payments made at the discretion of the governing body of the municipality or county that the
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governing body finds necessary or convenient to the creation of the zone or to the
implementation of the project plans for the zone.
The estimated project costs for the development are presented in Table V-A below. The detailed
project costs are presented in Appendix C of this plan.
Table V-A
Estimated TIRZ Project Costs
Project Costs
Total Estimated
Project Costs
Road Improvements
$5,567,504
Water Distribution System Improvements
$248,543
Sanitary Sewer Collection System Improvements
$2,069,616
Less: Developer funded portion
485 663
Subtotal:
$7,400,000
Other estimated bond issuance related costs (details in
Appendix B)
$3,509,663
Total Estimated Project Costs
$10,909,663
According to the Subdivision Improvement Agreement between the Developer and the City, the total
construction cost portion of the Project Costs to be funded with the TIRZ increments is limited to
$7,400,000. As a result, the total Project Costs eligible for TIRZ financing is equal to $10,909,663
($7,400,000 + $3,509,663). Appendix F shows the estimated net bond debt service obligation related
to the Project Costs is estimated to be $27,263,218. According to the Subdivision Improvement
Agreement, the maximum amount of City commitments as TIRZ contribution is set not to exceed
$21,048,883. See Appendix F for detailed calculations of these amounts.
DESCRIPTION OF TIRZ PROJECTS
The public improvements to be financed as TIRZ Projects include roadway, water and sewer
improvements along FM 455, roadway, water and sewer improvements related to four collector roads,
gravity mains, lift stations and trunk improvements (the "TIRZ Projects") detailed in Appendix B.
The estimated costs of the TIRZ Projects eligible for financing through TIRZ incremental revenues
are shown in Table V-A. The costs shown are estimates and may be revised in the future, including
the addition of such other improvements as deemed necessary to further improve the properties within
the TIRZ.
METHOD OF FINANCING
On February 24, 2015, the City of Anna City Council passed and approved Resolution No. 2015-
02.13 approving and authorizing the creation of the PID to finance the costs of certain public
improvements for the benefit of property in the PID, all of which is within the City. The PID and
the TIRZ boundaries are coterminous.
The property in the PID is proposed to be developed in approximately three phases, and the PID will
finance improvements for each phase as each phase is developed. Assessments will be imposed on
the all property in the PID for the improvements that benefit the entire PID and on the property in
15
Draft
each phase for the public improvements to be provided for that phase. As described in the Service and
Assessment Plan of the PID (the "SAP"), the City will issue bonds (the "PID Bonds") in order to
finance the improvements. The PID Bonds will be issued to finance the project costs shown in Table
V-A and other project improvement costs not covered by the TIRZ.
The City intends to apply 50 percent of the incremental taxes generated and collected from the
development of the property in the PID (the "TIRZ Revenues"), which property is also contained in
the TIRZ, for the repayment of a portion of the PID Bonds issued to finance the improvements
referenced in this Project and Finance Plan.
The City has agreed to use TIRZ Revenues generated from each parcel within the TIRZ to offset a
portion of the annual installments of the PID Assessment (the "Annual Installments") on the parcel
for the Project Costs (the "TIRZ Credit"). The PID Annual Installment for each Parcel shall be
calculated by taking into consideration any TIRZ Credit collected from each parcel in the
immediately preceding year applicable to each respective parcel.
ESTIMATED BONDED INDEBTEDNESS
The project costs are anticipated to be financed with PID Bonds, which may be issued in multiple
series.
Table V-B below shows the estimated sources and uses of the PID Bonds anticipated to be issued to
finance the major improvements including the Project Costs. The detailed estimated annual PID Bond
debt service schedule and the prorated debt service schedule related to the Project Costs are shown in
Appendix C to this plan.
Table V-B
Estimated Sources and Uses — PID Bonds
PID Bonds
City Major
Other Major
Sources of Funds
Improvements
Improvements
Total
Estimated Bond par amount
$10,909,663
$6,090,337
$17,000,000
Total Sources
$10,909,663
$6,090,337
$17,000,000
Uses of Funds
Major Improvements
Road improvements
$5,224,612
$1,982,947
$6,501,891
Water distribution system improvements
$233,236
$158,806
$248,543
Sanitary sewer improvements
$1,942,152
$246,399
$4,443,113
Storm drainage improvements
$0
$0
$0
Other soft and miscellaneous costs
$0
$395,933
$337,515
Subtotal
$7,400,000
$2,784,085
$11,531,062
Estimated Bond issue costs
$3,509,663
$1,959,275
$5,468,938
Total Uses
$10,909,663
$4,743,360
$17,000,000
16
Draft
ESTIMATED TIME OF EXPENDITURE
Total public improvement costs in the estimated amount of $45,407,244 including the total Project
Costs, are anticipated to be expended beginning 2016 through 2023.
CURRENT TOTAL APPRAISED VALUES
According to the Developer, there are five current parcels within the TIRZ boundary. According to
the Collin CAD records, the 2015 total market value for the three parcels is $2,455,530. The total
acreage of the three current parcels is 368 acres.
Table V-C
Current (2015) Appraised Values
Parcel ID
Acreage
2015
Assessed Value'
Collin County
2719039
181.89
$0
1001356
32.90
$493,455
2719040
22.28
$0
1007412
58.00
$870,000
2518072
73.96
$1,092,075
Total
369.03
$2,455,530
1 —The 2015 assessed value represents the 2015 market value shown in the
Collin CAD records for the parcels, although the parcels are classified as
agricultural use.
DURATION OF THE TIRZ
The TIRZ will last for a total of 30 years or until the estimated maximum amount of $21,048,883
representing the prorated amount of total bond obligations related to the TIRZ Project Costs is
expended, whichever occurs earlier. The TIRZ duration covers the tax years 2016 through tax year
2045. Pursuant to the Subdivision Improvement Agreement, the TIRZ Revenues may be used to offset
PID Annual Installments through December 31, 2047. See Appendix C for the detailed calculation of
the prorated amount of total bond obligations.
PROJECTED MARKET AND ASSESSED VALUE
As described in the discussion on assessment procedures in the appraisal district, assessed values are
based on values as appraised by CAD, which, in turn, are meant to represent fair market value of the
properties. Different property types may be appraised using different methods, as described in
Section II of this report. This section of the report includes the estimated assessed value and an
explanation of the methodology used for each of the proposed development types of the TIRZ.
17
Draft
Assumptions
The properties are first assumed to be on the tax roll as developed property based on estimates of
when the property will be substantially completed. No interim construction values are estimated in
this report. For each property type, this study estimates future absorption based on the projected
absorption as provided in the Developer's pro forma.
As stated in Section V, the development plan for the District includes approximately 654 residential
units. Based on the projected absorption from the developer's pro forma provided to the City, this
plan assumes that the residential development will be built -out beginning in calendar year 2017 and
continuing through calendar year 2025.
For purposes of this plan, it is assumed that the project is absorbed at the pace contemplated by the
Developer. According to the Developer, the sale of residential units is expected to start in 2017 and
continue until the units are fully absorbed by calendar year 2025. Accordingly, the residential units
are assumed to appear in the tax roll starting January 2018. Refer to Appendix D for detailed annual
absorption figures.
PROJECTED BASE SALES PRICES
The projected average base homes prices for the residential units in the development as estimated by
the developer are shown in Table V-D.
TABLE V-D
Base Asking Price Per Unit
Project/Building
Units
Price Per Unit
100 ft residential units
49
$475,000
90 ft residential units
85
$427,500
80 ft residential units
185
$380,000
70 ft residential units
365
$332,500
Total
654
Source: the lot type, estimated units and projected asking prices are provided by the Developer.
While it is possible that home buyers might negotiate the asking price, it is also believed that any
discount from the base price will be offset by charges for buyer options such as exterior and interior
finish upgrades, premium lot locations, and other potential upgrades. Therefore, this study
assumes that units at the subject site achieve the average base asking average prices per unit shown in
Table V-E.
PROJECTED MARKET AND ASSESSED VALUE
Based on the projected development and estimated home base asking price per unit outlined in Table
V-D, the total projected assessed value for the development is shown in Table V-E. The total values
shown in these tables assume full build -out and stabilized values using 2015 dollars. Detailed
calculations of values are shown in the attached Appendices G at completion in tax year 2026. This
18
Draft
study assumes an inflation rate of 1.89 percent based on the 10-year average annual growth rate
of average home values calculated and shown in Table III -A in order to account for the effect of
market appreciation.
INCREMENTAL ASSESSED VALUES
As described in Section II of this Plan, the State of Texas mandates that property must be assessed
at its market value. Projected incremental assessed value at full build -out is shown in Table V-E.
TABLE V-E
Projected Incremental Values at Full Build -Out
Estimated Build -out Tax Year
Pro'ected Value
Base Value
Incremental Value
2026
$264,349,727
($2,455,530)
$261,894,197
Detailed calculations of incremental values are included in Appendices E and F to this plan.
CALCULATION OF INCREMENTAL TAX REVENUE
The increase in property value created within the TIRZ will produce additional real property taxes.
In accordance with Texas statute, this incremental revenue is calculated by subtracting the base
value from the new total assessed value to get the net incremental value, which is then multiplied
by the applicable tax rate to determine the incremental tax revenue. Currently, the tax rate for the
City is $0.639000 per $100 assessed value, as described in Section II of this report.
The aggregate base value for properties located within the TIRZ is $2,455,530 based on the 2015
market values of the parcels in the TIRZ shown in the CAD records. At completion of the
development, the property in the TIRZ is estimated to have an assessed value of $264,349,727 in
tax year 2026 using an assumed inflation rate of 1.89 percent per year through tax year 2026.
Incremental value is, therefore, estimated to be $261,894,197.
Total projected incremental taxes are as shown in the following calculations.
(Incremental Assessed Value) - 100 x (Tax Rate) = Incremental Real Property Tax
$261,894,197 - 100 x $0.639000 = $1,673,504
Appendices E and F include detailed calculations of projected incremental taxes.
Section II of this report describes various exemptions and credits that are available to certain
properties within the City. For the purposes of this report, no credits are assumed to pertain to the
property within the TIRZ. Therefore, total estimated tax increment revenues at full build -out of
Phase 1 are as shown in Table V-F.
19
Draft
TABLE V-F
Projected Incremental Taxes
Cumulative Total Through
Estimated Build -out Annual Incremental Taxes at Calendar Year Tax
Tax Year Build -Out I Year 2045
2026 $1,673,504 $39,730,436
'The analyses assume full build -out in calendar year 2025.
Detailed calculations of these figures are included in the attached Appendices E and F.
Pursuant to the TIRZ ordinance, the City has committed to use 50 percent of the incremental taxes
collected for the payment of a portion of the debt service on the PID Bonds that have been issued to
finance the projects described in this Project and Finance Plan. As a result, the total estimated tax
increment revenues available for the payment of debt service at full build -out are as shown
below in Table V-G.
TABLE V-G
Projected Incremental Taxes
Available for TIRZ Proiects
Annual Annual Incremental Taxes
Incremental available for payment of
Build -out Taxes at PID Bond
Tax Year Build -Out debt service Daywent
2026 $1,673,504 $19,865,218
PLAN FEASIBILITY
As explained in the previous sections of this plan, the development is proposed to be developed
on a vacant land. As shown in Table V-D, the current aggregate assessed value of the property in
the development is $2,455,530 (shown as market value in the CAD records).
Projected Absorption and Projected Build -out Total Home Values
The development is projected to be fully built -out by tax year 2026 based on the preliminary
absorption estimated by the Developer. Phase 1 is anticipated to be fully built out by calendar
year 2019. Phase 2 is anticipated to begin in the final previous Phase build -out year and is
anticipated to be fully built by calendar year 2023. Phase 3 is anticipated to begin in calendar year
2022 while Phase 2 is still underway and anticipated to be fully built out by calendar year 2025 as
shown in Table V-H.
20
Draft
Table V-H
Estimated Build -out by Current and Future Phases
Phase
Estimated Build
out year
No of
Units
Cumulative
No. of Units
1
2019
207
207
2 and 3
2025
447
654
Note: Phase 2 and 3 are shown together as Phase 3 is anticipated to commence in
2022 before Phase 2 is fully built out.
The detailed absorption is presented in Appendix D as estimated by the Developer for each Lot
Type.
The aggregate home value in the TIRZ is estimated to be $81.4 million based on the estimated
absorption and projected home values provided by the Developer once Phase 1 is fully built. The
aggregate home value in the District is estimated to be $264.3 million once Phase 2 and 3 are
fully built. Table IV -I below shows the estimated total home values by Phase once each Phase is
fully built.
Table V-I
Estimated Build -out by Current and Future Phases
Projected
Taxable
Estimated Build
Values at
Phase
No of Units
out year
Build out
1
207
2019
$81,410,037
2 and 3
447
2026
$182,939,690
Total
654
$264,349,727
Assuming the development is completed as planned, the proposed development is projected to
generate an aggregate of $39.7 million in incremental taxes under a 1.89 estimated annual
appreciation through build out over 30 years as shown in Table V-F. 50 percent of such annual
TIRZ incremental revenues generated up to a maximum total amount of $21,048,883 are
committed to be used for the payment of debt service on the PID Bonds used to finance the TIRZ
Projects while the TIRZ is in existence As a result, the proposed plan of financing the project
costs appears feasible.
21
Draft
VI. Assumptions & Limitations
The valuation of property for real property tax purposes is determined by the CAD. This plan
attempts to estimate how the CAD may estimate the value of the subject properties in the
future. The values estimated by the CAD will almost certainly differ from the estimates
included in this report. Values can change significantly over time, and these changes can be
significantly higher or lower than values in previous years. Determining property values for
tax purposes is not as straight forward or as simple as the analysis in this report. Many
factors not considered in this report may impact actual future values. Furthermore, property
values are not likely to be consistent from year to year.
The CAD often relies on market data to estimate the value of property. Property values can
be appealed, competition can be greater, national or local market conditions can change; in
short, there are many factors that can affect the valuation of property. These factors make
the projection of future values an imprecise exercise. The successful development of the
subject properties is critical to the values estimated in the report.
This report has assumed property taxes are paid as due. This study does not include an
analysis to determine if the owners of property within the TIRZ will be able or willing to
pay property taxes or if the tax collector will be able to collect unpaid taxes. The actual
delinquencies in the payment of real property taxes in the TIRZ will likely be different than
assumed in this report and a significant increase in the failure to pay property taxes would
materially affect the tax increment revenues available for debt service on the bonds.
This report estimates future tax increment revenues based on current real property tax rates.
Scenarios do not assume real property tax rates in the future will be different than tax rates
for tax year 2015. Real property tax rates have varied over the years and have declined over
the years. Real property tax rates will likely vary significantly in future years and be
different than assumed in this report and a significant decrease in real property tax rates could
materially affect the tax increment revenues available for debt on the bonds.
This report includes projections of tax increment revenues based on 1.89 percent annual
appreciation for real property. Changes in values may not be consistent from year to year.
Future values are estimated based on estimated values in 2015. Values in any future year may
be less than the estimated values in 2015.
This report assumes that the subject properties will be developed as projected in this report.
A delay in the development of properties or changes to the program of development would
reduce tax increment revenues during the years of the delay and could result in there being
inadequate tax increment revenues to pay debt service on the bonds. No analysis has been
conducted to determine if the subject properties are likely to be developed as projected.
22
Draft
Numerous sources of information were relied on in the preparation of this report. These
sources are believed to be reliable; however, no effort has been made to verify information
obtained from other sources.
In summary, this report necessarily incorporates numerous estimates and assumptions with
respect to property performance, general and local business and economic conditions, the
absence of material changes in the competitive environment and other matters. Some
estimates or assumptions will inevitably not materialize and unanticipated events and
circumstance will occur. As a result, actual results will vary from the estimates in this report
and the variations may be material.
Other assumptions made in the preparation of this report and limiting conditions to this report
are as follows:
1. There are no zoning, building, safety, environmental or other federal, state, or
local laws, regulations, or codes that would prohibit or impair the development,
marketing or operation of the subject properties in the manner contemplated in
this report, and the subject properties will be developed, marketed and operated in
compliance with all applicable laws, regulations, and codes.
2. No material changes will occur in (a) any federal, state or local law, regulation or
code affecting the subject properties or (b) any federal, state or local grant,
financing or other program to be utilized in connection with the subject
properties.
3. The local, national and international economies will not deteriorate and there will
be no significant changes in interest rates or in rates of inflation or deflation.
4. The subject properties will be served by adequate transportation, utilities and
governmental facilities.
5. The subject properties will not be subjected to any war, energy crises, embargo,
strike, earthquake, flood, fire or other casualty or act of God.
6. The subject properties will be developed, marketed, and operated in a highly
professional manner.
7. There are no existing, impending or threatened litigation that could hinder the
development, marketing, or operation of the subject properties.
8. MuniCap, Inc. does not have expertise in and has no responsibility for legal,
environmental, architectural, geologic, engineering, and other matters related to
the development and operation of the subject properties.
23
Draft
Appendix A
24
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465.63'
N89°11'00"E
10'57"W
794.06'
2 32.18'
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N89°15'32"E, 742.56'
S90°00'00'E, 1755.97'
N89°5612" 71184.36'
S01 °06'39" E
R=700.00' 55.96'
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R=700.00'
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CD=204.65
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R=699.99'
N23°08'27"W
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67.47'
D=9°31'48"
N88°26'26"W
CB=S3°39'15"W
365.15'
CD=116.30
R=700.03'
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24
Appendix B
Estimated Improvement Costs
Description
Project Costs
Non-TIRZ Major
Improvement Costs
Other Costs
Total Costs
Road Improvements
FM 455 road improvements
$907,882
$0
$0
$907,882
Collector A road improvements
$286,387
$0
$0
$286,387
Collector B road improvements
$1,403,833
$181,671
$0
$1,585,504
Collector C road improvements
$2,654,816
$637,073
$0
$3,291,889
Collector D road improvements
$314,586
$115,643
$0
$430,229
Other road improvements
$0
$0
$9,985,907
$9,985,907
Subtotal
$5,567,504
$934,387
$9,985,907
$16,487,798
Water Distribution System Improvements
water improvements along FM 455
$20,897
$0
$0
$20,897
water improvements along Collector A
$32,289
$0
$0
$32,289
water improvements along Collector B
$15,375
$0
$0
$15,375
water improvements along Collector C
$179,982
$0
$0
$179,982
Other water improvements
$0
$0
$2,331,059
$2,331,059
Subtotal
$248,543
$0
$2,331,059
$2,579,602
Sanitary Sewer Collection System Improvements
Throckmorton LS to NTMWD sewer improvements
$1,583,741
$0
$0
$1,583,741
Lift station trunk sewer FM sewer'
$485,875
$0
$0
$485,875
Other sewer improvements
$0
$2,373,497
$2,650,595
$5,024,092
Subtotal
$2,069,616
$2,373,497
$2,650,595
$7,093,708
Storm Drainage Collection System Improvements
Drainage improvements
$0
$0
$1,520,401
$1,520,401
Subtotal
$0
$0
$1,520,401
$1,520,401
Other Costs
Land costs
$0
$0
$8,000,000
$8,000,000
Amenity center
$0
$0
$2,000,000
$2,000,000
Trail system
$0
$0
$600,000
$600,000
Retaining walls
$0
$0
$784,800
$784,800
Miscellaneous costs
$0
$0
$534,482
$534,482
Subtotal
$0
$0
$11,919,282
$11,919,282
Soft Costs
Flood study
SWPPP and final platting fees
Engineering review
Geotechnical testing
Subtotal
Total Estimated Construction Costs
Less: Estimated Developer funded portion
Subtotal
Estimated Bond issuance related costs
Estimated capitalized interest
Estimated debt service reserve
Other estimated bond issuance related costs
Subtotal
$0
$25,000
$0
$25,000
$0
$12,595
$0
$12,595
$0
$5,000
$0
$5,000
$0
$294,920
$0
$294,920
$0
$337,515
$0
$337,515
$7,885,663
$3,645,399
$28,407,244
$39,938,306
($485,663)
$7,400,000
$1,527,353 $852,647 $0 $2,380,000
$872,773 $487,227 $0 $1,360,000
$1,109,537 $619,401 $0 $1,728,938
$3,509,663 $1,959,275
$0 $5,468,938
Total Estimated Costs $10,909,663 $5,604,674 $28,407,244 $45,407,244
Draft
Draft
Appendix C
MuniCap 126
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule C: Estimated Bond Debt Service - PID Bonds
Total
Principal and
Prepayment
Delinquency
Total Bond
Year
Principal
Coupon
Interest
Interest
Reserve
Reserve
Debt Service
1
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
2
$0
7.000%
$1,190,000
$1,190,000
$34,000
$51,000
$1,275,000
3
$194,000
7.000%
$1,190,000
$1,384,000
$34,000
$51,000
$1,469,000
4
$208,000
7.000%
$1,176,420
$1,384,420
$33,612
$50,418
$1,468,450
5
$224,000
7.000%
$1,161,860
$1,385,860
$33,196
$49,794
$1,468,850
6
$241,000
7.000%
$1,146,180
$1,387,180
$32,748
$49,122
$1,469,050
7
$259,000
7.000%
$1,129,310
$1,388,310
$32,266
$48,399
$1,468,975
8
$278,000
7.000%
$1,111,180
$1,389,180
$31,748
$47,622
$1,468,550
9
$299,000
7.000%
$1,091,720
$1,390,720
$31,192
$46,788
$1,468,700
10
$322,000
7.000%
$1,070,790
$1,392,790
$30,594
$45,891
$1,469,275
11
$346,000
7.000%
$1,048,250
$1,394,250
$29,950
$44,925
$1,469,125
12
$372,000
7.000%
$1,024,030
$1,396,030
$0
$73,145
$1,469,175
13
$400,000
7.000%
$997,990
$1,397,990
$0
$71,285
$1,469,275
14
$430,000
7.000%
$969,990
$1,399,990
$0
$69,285
$1,469,275
15
$462,000
7.000%
$939,890
$1,401,890
$0
$67,135
$1,469,025
16
$496,000
7.000%
$907,550
$1,403,550
$0
$64,825
$1,468,375
17
$534,000
7.000%
$872,830
$1,406,830
$0
$62,345
$1,469,175
18
$574,000
7.000%
$835,450
$1,409,450
$0
$59,675
$1,469,125
19
$617,000
7.000%
$795,270
$1,412,270
$0
$56,805
$1,469,075
20
$663,000
7.000%
$752,080
$1,415,080
$0
$53,720
$1,468,800
21
$713,000
7.000%
$705,670
$1,418,670
$0
$50,405
$1,469,075
22
$766,000
7.000%
$655,760
$1,421,760
$0
$46,840
$1,468,600
23
$824,000
7.000%
$602,140
$1,426,140
$0
$43,010
$1,469,150
24
$885,000
7.000%
$544,460
$1,429,460
$0
$38,890
$1,468,350
25
$952,000
7.000%
$482,510
$1,434,510
$0
$34,465
$1,468,975
26
$1,023,000
7.000%
$415,870
$1,438,870
$0
$29,705
$1,468,575
27
$1,100,000
7.000%
$344,260
$1,444,260
$0
$24,590
$1,468,850
28
$1,182,000
7.000%
$267,260
$1,449,260
$0
$19,090
$1,468,350
29
$1,271,000
7.000%
$184,520
$1,455,520
$0
$13,180
$1,468,700
30
$1,365,000
7.000%
$95,550
$1,460,550
$0
$6,825
$1,467,375
Total
$17,000,000
$24,898,790
$41,898,790
$357,306
$1,421,179
$43,677,275
Draft
Breakdown of Estimated Bond Debt Service Payments
City Major Improvements Portion
64.17% 35.83%
Major Improvement Bonds
TIRZ Major Improvements
Other Major Improvements
Estimated
Total
TIRZ Admin
Combined
Year
Principal' Interest'
Principah Interest
Expenses
Obligations
1
$0
$818,225
$0
$456,775
$0
$1,275,000
2
$0
$818,225
$0
$456,775
$30,000
$1,305,000
3
$124,499
$818,225
$69,501
$456,775
$30,000
$1,499,000
4
$133,483
$808,887
$74,517
$451,563
$30,000
$1,498,450
5
$143,751
$798,876
$80,249
$445,974
$30,000
$1,498,850
6
$154,661
$788,095
$86,339
$439,955
$30,000
$1,499,050
7
$166,212
$776,495
$92,788
$433,480
$30,000
$1,498,975
8
$178,405
$764,029
$99,595
$426,521
$30,000
$1,498,550
9
$191,882
$750,649
$107,118
$419,051
$30,000
$1,498,700
10
$206,642
$736,258
$115,358
$411,017
$30,000
$1,499,275
11
$222,044
$720,760
$123,956
$402,365
$30,000
$1,499,125
12
$238,729
$704,106
$133,271
$393,069
$30,000
$1,499,175
13
$256,698
$686,202
$143,302
$383,073
$30,000
$1,499,275
14
$275,950
$666,949
$154,050
$372,326
$30,000
$1,499,275
15
$296,486
$646,253
$165,514
$360,772
$30,000
$1,499,025
16
$318,305
$624,017
$177,695
$348,358
$30,000
$1,498,375
17
$342,692
$600,144
$191,308
$335,031
$30,000
$1,499,175
18
$368,362
$574,442
$205,638
$320,683
$30,000
$1,499,125
19
$395,957
$546,815
$221,043
$305,260
$30,000
$1,499,075
20
$425,477
$517,118
$237,523
$288,682
$30,000
$1,498,800
21
$457,564
$485,207
$255,436
$270,868
$30,000
$1,499,075
22
$491,577
$450,890
$274,423
$251,710
$30,000
$1,498,600
23
$528,798
$414,022
$295,202
$231,128
$30,000
$1,499,150
24
$567,944
$374,362
$317,056
$208,988
$30,000
$1,498,350
25
$610,941
$331,766
$341,059
$185,209
$30,000
$1,498,975
26
$656,505
$285,945
$366,495
$159,630
$30,000
$1,498,575
27
$705,919
$236,708
$394,081
$132,142
$30,000
$1,498,850
28
$758,542
$183,764
$423,458
$102,586
$30,000
$1,498,350
29
$815,658
$126,873
$455,342
$70,827
$30,000
$1,498,700
30
$875,982
$65,699
$489,018
$36,676
$30,000
$1,497,375
31
$0
$0
$0
$0
$0
$0
Total
$10,909,663
$17,120,005
$6,090,337
$9,557,270
$870,000
$44,547,275
1- The estimated principal and interest shares of the TIRZ Major Improvements are calculated as 64.17% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
1 -The estimated principal and interest shares of the Non-TIRZ Major Improvements are calculated as 35.83% based on the total TIRZ Project Costs cap of $7.4mm and
and the estimated total costs of $11.531mm for TIRZ and non-TIRZ major improvements. Bond interest is estimated at 7%.
The estimated interest amounts also include 0.5%for prepayment and delinquency reserves.
Draft
Draft
Appendix D
MuniCap 127
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No.
ANNA, TX
Schedule D: Projected Absorption - All Phases
Assessment
Year
Year
TIRZ Fiscal
Year
Ending
1-Jan-16
1
30-Sep-17
1-Jan-17
2
30-Sep-18
1-Jan-18
3
30-Sep-19
1-Jan-19
4
30-Sep-20
1-Jan-20
5
30-Sep-21
1-Jan-21
6
30-Sep-22
1-Jan-22
7
30-Sep-23
1-Jan-23
8
30-Sep-24
1-Jan-24
9
30-Sep-25
1-Jan-25
10
30-Sep-26
1-Jan-26
11
30-Sep-27
1-Jan-27
12
30-Sep-28
1-Jan-28
13
30-Sep-29
1-Jan-29
14
30-Sep-30
1-Jan-30
15
30-Sep-31
1-Jan-31
16
30-Sep-32
1-Jan-32
17
30-Sep-33
1-Jan-33
18
30-Sep-34
1-Jan-34
19
30-Sep-35
1-Jan-35
20
30-Sep-36
1-Jan-36
21
30-Sep-37
1-Jan-37
22
30-Sep-38
1-Jan-38
23
30-Sep-39
1-Jan-39
24
30-Sep-40
1-Jan-40
25
30-Sep-41
1-Jan-41
26
30-Sep-42
1-Jan-42
27
30-Sep-43
1-Jan-43
28
30-Sep-44
1-Jan-44
29
30-Sep-45
1-Jan-45
30
30-Sep-46
1-Jan-46
31
30-Sep-47
1-Jan-47
32
30-Sep-48
1-Jan-48
33
30-Sep-49
Lot Type 1 (100' Lot)
Annual Cumulative
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
25
25
24
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
49
Lot Type 2 (90' Lot)
Annual
Cumulative
0
0
0
0
1
1
4
5
4
9
4
13
4
17
2
19
11
30
25
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
55
Lot Type 3 (80' Lot)
Annual Cumulative
0
0
0
0
22
22
44
66
37
103
24
127
13
140
24
164
21
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
185
Lot Type 4 (70' Lot)
Annual
Cumulative
0
0
0
0
24
24
48
72
13
85
64
149
64
213
59
272
64
336
29
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
365
Annual
0
0
47
96
54
92
81
85
96
79
24
0
0
0
0
Total
Cumulative
0
0
47
143
197
289
370
455
551
630
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
654
Total 49 365 654
Note: The projected absorption schedule is provided by the developer.
MuniCap, Inc.
Draft Draft
Draft
Appendix E
MuniCap 128
CITY OF ANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule E: Projected Assessed Value - All Phases
Total
TIRZ Fiscal
1.89%
Lot Type 1 (100' Lot)
Lot Type 2 (90' Lot)
Lot Type 3 (80' Lot)
Lot Type 4 (70' Lot)
Estimated
Estimated
Estimated
Assessment
Year
Inflation
Value Per
Market
Value Per
Market
Value Per
Market
Value Per
Market
Market
Assessment
Assessed
Year
Year
Ending
Factor'
Units
Unit`
Value
Units
Unit`
Value
Units
Unit'
Value
Units
Unit
Value
Value
Rate'
Value
1-Jan-16
I
30-Sep-17
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
I-Jan-17
2
30-Sep-18
100.0%
0
$475,000
$0
0
$427,500
$0
0
$380,000
$0
0
$332,500
$0
$0
94%
$0
1-Jan-18
3
30-Sep-19
100.0%
0
$483,994
$0
1
$435,595
$435,595
22
$387,196
$8,518,303
24
$338,796
$8,131,107
$17,085,005
94%
$15,998358
IJan- 19
4
30-Sep-20
101.9%
0
$493,159
$0
5
$443,843
$2,219,217
66
$394,527
$26,038,810
72
$345,212
$24,855,228
$53,113,255
94%
$49,735,126
I-Ian-20
5
30-Sep-21
103.8%
0
$502,498
$0
9
$452,248
$4,070,231
103
$401,998
$41,405,805
85
$351,748
$29,898,609
$75,374,645
94%
$70,580,639
I-Jan-21
6
30-Sep-22
105.8%
0
$512,013
$0
13
$460,812
$5,990,550
127
$409,610
$52,020,502
149
$358,409
$53,402,936
$111,413,987
94%
$104,327,793
1-Jan-22
7
30-Sep-23
107.8%
0
$521,708
$0
17
$469,537
$7,982,135
140
$417,367
$58,431,314
213
$365,196
$77,786,687
$144,200,136
94%
$135,028,664
1-Jan-23
8
30-Sep-24
109.8%
0
$531,587
$0
19
$478,428
$9,090,139
164
$425,270
$69,744,228
272
$372,111
$101,214,184
$180,048,552
94%
$168,597,035
I-Jan-24
9
30-Sep-25
111.9%
0
$541,653
$0
30
$487,488
$14,624,634
185
$433,322
$80,164,660
336
$379,157
$127,396,811
$222,186,105
94%
$208,054,540
I-Jan-25
10
30-Sep-26
114.0%
25
$551,910
$13,797,743
55
$496,719
$27,319,531
185
$441,528
$81,682,639
365
$386,337
$141,012,934
$263,812,847
94%
$247,033,722
I-Jan-26
11
30-Sep-27
116.2%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-27
12
30-Sep-28
118.4E
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-28
13
30-Sep-29
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-29
14
30-Sep-30
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-30
15
30-Sep-31
118A%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-31
16
30-Sep-32
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-32
17
30-Sep-33
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-33
18
30-Sep-34
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-34
19
30-Sep-35
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-35
20
30-Sep-36
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-36
21
30-Sep-37
118,4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-37
22
30-Sep-38
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-38
23
30-Sep-39
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-39
24
30-Sep-40
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-40
25
30-Sep-41
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-41
26
30-Sep-42
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-42
27
30-Sep-43
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-43
28
30-Sep-44
118.4E
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652.
$143,683,121
$282,304,997
94%
$264,349,727
I-Jan-44
29
30-Sep-45
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
1-Jan-45
30
30-Sep-46
118.4%
49
$562,361
$27,555,667
55
$506,124
$27,836,847
185
$449,888
$83,229,362
365
$393,652
$143,683,121
$282,304,997
94%
$264,349,727
MuniCap, Inc.
t The estimated annual growth rate is calculated as the ten-year average annual growth rate of average home values in the city.
2 Estimated value per unit based on information provided by the developer.
3 The projections assume that the assessed value is approximately 94 percent of the estimated sales price as reported by the developer with 1.89% annual inflation factor. The 6% reduction is based on the ten-year average total exemption to taxable value ratios.
Draft Draft
Draft
Appendix F
MuniCap 129
CITY OFANNA TAX INCREMENT REINVESTMENT ZONE No. _
ANNA, TX
Schedule F: Projected Incremental Real Property Tax - All Phases
Estimated
TIRZ Fiscal
1.89%
Estimated
Base
Anna
Estimated
Base
Estimated
Incremental Real
Estimated
Estimated
Assessment
Year
Inflation
Assessed
Year
Tax
Real Propert
Year
Incremental Real
TIRZ
Property Tax
TIRZ related
Developer Funded
Year
Year
Ending
Factor'
Value
Value
Rate
Tax
Tax
Property Tax
Percentage2
Available
Obligation93
Obligations Amount
1-Jan-16
1
30-Sep-17
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$0
$0
1-Jan-17
2
30-Sep-18
100.0%
$0
($2,455,530)
$0.6390
$0
($15,691)
$0
50%
$0
$30,000
$30,000
1-Jan-18
3
30-Sep-19
101.9%
$15,998,358
($2,455,530)
$0.6390
$102,230
($15,691)
$86,539
50%
$43,269
$972,723
$972,723
1-Jan-19
4
30-Sep-20
103.8%
$49,735,126
($2,455,530)
$0.6390
$317,807
($15,691)
$302,117
50%
$151,058
$972,370
$929,101
1-Jan-20
5
30-Sep-21
105.8%
$70,580,639
($2,455,530)
$0.6390
$451,010
($15,691)
$435,319
50%
$217,660
$972,627
$821,569
1-Jan-21
6
30-Sep-22
107.8%
$104,327,793
($2,455,530)
$0.6390
$666,655
($15,691)
$650,964
50%
$325,482
$972,755
$755,096
1-Jan-22
7
30-Sep-23
109.8%
$135,028,664
($2,455,530)
$0.6390
$862,833
($15,691)
$847,142
50%
$423,571
$972,707
$647,225
1-Jan-23
8
30-Sep-24
111.9%
$168,597,035
($2,455,530)
$0.6390
$1,077,335
($15,691)
$1,061,644
50%
$530,822
$972,434
$548,863
1-Jan-24
9
30-Sep-25
114.0%
$208,054,540
($2,455,530)
$0.6390
$1,329,469
($15,691)
$1,313,778
50%
$656,889
$972,531
$441,709
1-Jan-25
10
30-Sep-26
116.2%
$247,033,722
($2,455,530)
$0.6390
$1,578,545
($15,691)
$1,562,855
50%
$781,427
$972,900
$316,011
1-Jan-26
11
30-Sep-27
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,803
$191,376
1-Jan-27
12
30-Sep-28
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,836
$136,084
1-Jan-28
13
30-Sep-29
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,900
$136,148
1-Jan-29
14
30-Sep-30
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,900
$136,148
1-Jan-30
15
30-Sep-31
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,739
$135,987
1-Jan-31
16
30-Sep-32
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,322
$135,570
1-Jan-32
17
30-Sep-33
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,836
$136,084
1-Jan-33
18
30-Sep-34
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,803
$136,051
1-Jan-34
19
30-Sep-35
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,771
$136,019
1-Jan-35
20
30-Sep-36
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,595
$135,843
1-Jan-36
21
30-Sep-37
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,771
$136,019
1-Jan-37
22
30-Sep-38
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,467
$135,715
1-Jan-38
23
30-Sep-39
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,819
$136,068
1-Jan-39
24
30-Sep-40
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,306
$135,554
1-Jan-40
25
30-Sep-41
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,707
$135,955
1-Jan-41
26
30-Sep-42
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,450
$135,699
1-Jan-42
27
30-Sep-43
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,627
$135,875
1-Jan-43
28
30-Sep-44
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,306
$135,554
1-Jan-44
29
30-Sep-45
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$972,531
$135,779
1-Jan-45
30
30-Sep-46
118.4%
$264,349,727
($2,455,530)
$0.6390
$1,689,195
($15,691)
$1,673,504
50%
$836,752
$971,680
$134,928
$40,169,779 $39,730,436 $19,865,218 $27,263,218 $8,234,752
t The estimated annual growth rate is calculated as a 10 average annual growth rate of average home values in the city.
2 The projections assume that 50 percent of the incremental real property tax will be made availabel for the partial payment of debt service on the PID Bonds.
' The maximum amount of TIRZ related obligations is set not to exceed $21,048,883 per the Subdivision Improvement Agreement.
M-iCap, 1-.
Draft Draft
Draft
Appendix G
iMuniCap 1.30
CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and west of U.S. 75)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit
A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75
being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family
Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City
of Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential to PD —
Single Family Residential zoning.
PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposition of approximately
368 total acres of land within the City of Anna more fully described on the legal
description attached as Exhibit A (the "Property") and depicted on Exhibit B. The uses
proposed for the Property follow the intent of the City of Anna Comprehensive Plan
dated March 2010. It is the intent of the Planned Development (PD) to offer greater
flexibility for residential development. The purpose of the district is to create a master
planned community featuring a mixture of housing types in a manner that will
encourage sustainable neighborhoods and attract investment to the area.
The purpose of this district is:
a. To provide development and land use flexibility within the framework of
a Planned Development zoning district.
2. The intent of this district is:
a. To design streets and buildings which will contribute to creating safe
neighborhoods.
b. To provide an attractive environment for pedestrians which includes
such things as buildings framing public space, street trees, lighting and
canopies that will attract pedestrians.
C. To contribute to the definition and use of public parks, ball fields and
walking trails.
d. Integrated parks and open space to preserve areas designated within
the 100-year floodplain. This will protect existing stream corridors and
other physical assets as amenities.
The Villages of Hurricane Creek PD is intended to provide the community with a
mixture of housing types in a pattern and amount that will encourage
sustainable neighborhoods and development.
4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the
respective neighborhood areas (Exhibit B). The Development Standards shall
apply to the entire Villages of Hurricane Creek District unless indicated
otherwise. Housing mix, street types, building types and frontage standards for
any particular area shall be controlled by the neighborhood areas delineated on
the plan.
B. Applicability: This Ordinance shall apply to all development within the PD boundaries.
Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of
Hurricane Creek.
II. DEFINITIONS
Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use;
(b) is subordinate in area, extent, or purpose to the principal Building or principal Use served
and is not physically connected to the principal Building; (c) contributes to the comfort,
convenience and necessity of occupants of the principal Building or principal Use served; and (d)
2
is located on the same Building Lot as the principal Use served. If connected to the principal
Building, a structure becomes part of the principal Building.
Block: Property abutting on one side of the Street and lying between the nearest intersecting or
intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other
barrier to or gap in the continuity of development along such Street.
Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure is divided into separate parts by one or
more unpierced walls extending from the ground up, each part is deemed a separate Building,
except as regards minimum side yards.
Building Line: A line parallel or approximately parallel to the Street line at a specific distance
there from marking the minimum distance from the Street line that a Building may be erected.
Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides
by such Building, or the Open Space provided for access to a dwelling group.
District: A portion of the territory of the city within which certain uniform regulations and
requirements or various combinations thereof apply under the provisions of this Part of the
Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF-
TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1
District.
Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one
Family, and in which not more than two persons, other than members of the Family, are lodged
or boarded for compensation at any one time.
Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and
having no physical connection to a Building on any other Lot.
Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or
may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is
considered in the Flood Plain and must comply with the engineering criteria found in the
subdivision regulations and other relevant regulations of the City.
Frontage: All the property abutting on one side of a Street between intersecting or intercepting
Streets, or between a Street and a right-of-way, waterway, end of a dead-end Street, or village
boundary measured along the Street line. An intercepting Street shall determine only the
boundary of the Frontage on the side of the Street which it shall determine only the boundary of
the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one
Street, the planning and zoning commission shall determine the Frontage for purposes of the
Part of the Code.
Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially
adopted and as amended from time to time by the City Council, the purpose of such plan being,
among other things, to serve as a guide in the zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the
acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public
Buildings.
Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory
Buildings, or by a group such as a dwelling group or automobile Court and their Accessory
Buildings, including the yards and Open Spaces required therefore by this title and other
applicable law.
Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle
of intersection or interception does not exceed 135°.
Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or
floor) of Buildings located on the Lot.
Lot, Interior: A Lot other than a corner Lot.
Lot, Lines: The property lines bounding the Lot as defined herein.
Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line
on a Street and the other line on a river, lake, creek or other permanent body of water.
Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot.
Lot Width: The width measured at a distance back from the front line equal to the minimum
depth required for a Front Yard.
Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the
office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County, prior to January 1, 1986.
Main Building: A Building in which is conducted principal Use of the Lot on which it is situated.
Open Space: That part of any Lot or tract that is used for recreational purposes, both passive
and active, but not including areas used for parking or maneuvering of automobiles, or drives or
approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may
be considered as Open Space, provided such Open Space is contiguous and part of the platted
Lot and is maintained and utilized in the same manner and to the same degree as all other Open
Space areas as is designated on the site plan as filed with the building permit application.
Planned Development: Land under unified control, including developed as a whole; in a single
development operation or a definitely programmed series of development operations, including
all lands and Buildings; for principal and accessory structures and uses substantially related to
the character of the District; according to comprehensive and detailed plans which include not
only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations
of all Buildings as intended be located, constructed, used and related to each other, and detailed
plans for other uses and improvements on the land as related to the Buildings; and with a
program for provision, operation and maintenance of such areas, improvements, facilities, and
11
services as will be for common Use by some or all of the occupants of the District, but will not be
provided, operated, or maintained at general public expense.
Planned Development is both a concept and a zoning classification which may include, in
addition to planned unit development, commercial, shopping center, and industrial uses or
combination thereof, which may be intended to serve areas within the District and areas
without the District.
Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for
Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot
line, the depth of which is dependent upon the zoning District in which the Lot is located.
Screening Element (Device): A barrier of permanent material of sufficient heights and density so
that the objects being screened are not visible from any point on the Lot line when viewed from
any height between ground level and seven feet above ground level and shall mean any of the
following:
(a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type material, the vertical surface of
which is not more than 30% open;
(b) Any dense evergreen hedge or plant material suitable for providing a visual barrier,
for which such material shall be maintained in a healthy growing condition; or
(c) Landscaped earth berms may, when appropriate in scale, be considered and used as
a Screening Element in lieu of a fence, wall, hedge, or other dense planting material.
Street: A public or private thoroughfare which affords the principal means of access to abutting
property.
The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creek that establishes and delineates the respective PD sub -districts such as the
Village Center and other Neighborhoods.
Thoroughfare: An officially designated federal or state numbered highway or county or other
road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City
of Anna.
Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City
Council establishing the location and official right-of-way width of principal highways and
Streets in the city, together with all amendments thereto subsequently adopted.
Use: The purpose for which land or a Building or structure thereon is designed, arranged
intended or maintained or for which it is or may be used or occupied. This definition does not
alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part.
(Ord. No. 457-2009, adopted 08125109)
Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and
accessory thereto.
Yard: An Open Space, other than a Court, on the same Lot with a Building.
W1
Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the front line of the Lot and the nearest portion of the main Buildings
including an enclosed or covered porch, provided that the Front Yard depth shall be measured
from the future Street line for a Street on which a Lot fronts, when such line is shown on the
official map or is otherwise established.
Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the
shortest distance between the rear line of the Lot and the main Building.
Yard, Side: A yard between the side line of the Lot and the main Building extending from the
Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side
line and the main Building.
Zoning Map: The official Zoning Map of the City of Anna together with all amendments
subsequently adopted.
*Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words
used in the present tense include the future tense; words in the singular number include the
plural number, and words in the plural number include the singular number; the word "shall" is
mandatory, not directory; the word "may" is permissive; the word "person" includes a firm,
association, organization, partnership, trust, foundation, company, or corporation as well as an
individual; the word "used" includes designed and intended or arranged to be used; the word
"Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel.
Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by
other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall
govern.
III. LOT TYPE REGULATIONS
The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals
established for the district. The lot type and requirement shall be as follows:
A. Lot Type SF-84 (70' x 120T
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
0
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 8,400 square feet
7
B.
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 70 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
Lot Type SF-84 (80' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
E
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size: 9,600 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 80 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
10
C. Lot Type SF-84 (90' x 120'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
11
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable —of the land has been recorded.
5
7
Height Regulations: No building shall exceed thirty-five feet (35').
Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
10,800 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 90 feet minimum; (measured at the front
building line)
Lot Depth: 120 feet minimum
Masonry (Brick or rock veneer): 80%
Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
12
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Signs: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
D. Lot Type SF-84 (100' x 150'):
1. Purpose: The SF-84 Single Family Residential District is designed to
accommodate Single Family Residential development on relatively ample Lots.
The District can be appropriately located in proximity to agricultural and Single
Family Residential Uses.
2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for
the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The
Permitted Uses are as follows:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Park, playground, or recreational center (public and private);
d. School, public (primary and/or secondary); and
e. Swimming pool (private)
3. Specific Use Permit: The following specific uses shall be permitted in a SF-84
District, when granted in accordance with Section 37 of the City of Anna Zoning
Ordinance:
a. Public, parochial, and private schools and colleges offering courses of
general instruction and including convents, monasteries, dormitories,
and other related living structures when located on the same site as the
school or college.
b. Churches, synagogues, chapels, and similar places of religions worship
and instruction of a quiet nature when located in a substantial
structure.
c. Utility substations necessary to the functioning of the utility, but not
including general business offices, maintenance facilities and other
general system facilities, when located according to the yard space rules
set forth in this part for dwellings and have a landscaped or masonry
barrier on all sides. Building shall conform to all space limits of this zone
and shall be of such exterior designs to harmonize with nearby
properties.
13
d. Public and quasi -public buildings for cultural use.
e. Country clubs as defined herein.
f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance.
4. Plan Requirements: Except as otherwise specifically authorized in the City of
Anna Subdivision Regulations, no building permit or Floodplain Development
Permit shall be issued by the City for any parcel of land until a Final Plat — or
Development Plat, as applicable — of the land has been recorded.
5. Height Regulations: No building shall exceed thirty-five feet (35').
6. Area Regulations: The following minimum standards shall be required as
measured from property lines:
Lot Size:
15,000 square feet
Lot Coverage: The combined area covered by all main
buildings and accessory structures shall not
exceed fifty percent (50%) of the total lot area.
Building Size: The minimum square footage of a dwelling unit,
shall be two thousand (2,000) sf.
Front Yard: 20 feet minimum
Rear Yard: 15 feet minimum (the required Rear Yard shall
be open and unobstructed to the sky from a
point 30 inches above the average elevation of
the Graded Rear Yard, except for Accessory
Buildings as permitted herein. Eaves, covered
porches, and roof extensions without structural
support in the Rear Yard may extend into the
rear yard a distance not to exceed four feet.
Balconies shall not project into the required
Rear Yard.)
Side Yard, Interior: 5 feet minimum
Side Yard, Corner Lot,
Street Side: 15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
Lot Width: 100 feet minimum; (measured at the front
building line)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single-
family Dwelling Units and HUD Code manufactured homes. Other off -Street
parking regulations are set forth in Section 38 of the City of Anna Zoning
Ordinance.
8. Suns: Signs in this District shall comply with the requirements of the City of
Anna Sign Ordinance (as amended).
TABLE NO. 3-1
Land Use Summary
LAND USE SUMMARY
USE
ACREAGE +/-
SF LOTS
SF DENSITY
(UNITS/ACRE)
PERCENTAGE
SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE
70' x 120' LOTS
84.07
365
4.34
51.4%
80' x 120' LOTS
45.32
185
4.08
27.7%
90' x 120' LOTS
14.61
55
3.76
8.9%
100' x 150' LOTS
19.70
49
2.49
12.0%
TOTAL
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
AMENITY CENTER
2.0
0.5%
ROW DEDICATION
51.3
13.9%
TOTAL
368.2
654
1.76 GROSS
100.0%
IV. DEVELOPMENT AND DESIGN STANDARDS
A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 35 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance.
Nothing in this ordinance shall be construed as preventing any Architectural Control
Committee with jurisdiction over any neighborhood from further restricting permission,
location, and type of any accessory structure.
15
B. Screening and Fences: All development within The Villages of Hurricane Creek Planned
Development District shall comply with Section 40 of the City of Anna Zoning Ordinance
in effect at the time of City Council approval of this ordinance
C. Landscape Standards: All development within The Villages of Hurricane Creek Planned
Development District shall comply with the City of Anna Code of Ordinance Part III-E
(Landscape Regulations) in effect at the time of City Council approval of this ordinance.
1. Tree Requirements:
For all single-family and duplex parcels, builders shall be required to plant two
large trees (minimum of three-inch caliper and seven feet high at time of
planting) per lot prior to obtaining a certificate of occupancy. At least one of the
trees shall be located in the front yard. Existing quality trees of at least three-
inch caliper size located on the lot shall count to meet this standard if
appropriate tree protection measures have been followed. (Ord. No. 56-2003,
adopted 211112003)
Requirements for single family residential and duplex lots three-inch caliper
trees selected from the Large Tree list in the City of Anna Landscape Regulations
shall be planted on all single family residential, duplex, and town home lots. At
least one of the trees must be placed in the front yard of the lot. Single Family
Residential (SF-84) requires 3 trees. The following are approved large trees:
Caddo Maple
Pecan
Shagbark Hickory
DeodarCedar
Texas Persimmon
Black Walnut
Eastern Black Walnut
Red Cedar
Eastern Red Cedar
Sweetgum
Southern Magnolia
Chinese Pistachio
Texas Pistache
Bur Oak
Chinquapin Oak
Shumard Oak
Texas Red Oak
Live Oak
Western Soapberry
Bald Cypress
Winged Elm
American Elm
Cedar Elm
Chinese Elm
Lace Bark Elm
Siberian Elm
16
D. Off -Street Parking Requirements: All development within The Villages of Hurricane
Creek Planned Development District shall comply with Section 38 of the City of Anna
Zoning Ordinance.
E. Residential Architectural Standards:
1) House repetition.
a. Within residential developments, single family homes with substantially
identical exterior elevations can only repeat every four (4) lots when
fronting the same right-of-way including both sides of the street.
b. Homes side by side or across the street within one house (directly
across the street or "caddy corner" across the street) shall not have
substantially identical exterior elevations.
2) Building Articulation. At least four facade articulation techniques are required on
each single family home to add architectural variety and interest to a building. The
following features shall be acceptable techniques of exterior articulation.
a. A base course or plinth course; banding, moldings, or stringcourses;
quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones;
dormers; louvers as part of the exterior wall construction. (Quoins and
banding shall wrap around the corners of the structure for at least two
feet.
b. Horizontal banding continuing the length of the wall that faces a street,
or other similar highly visible areas.
c. The use of both stone and brick on the front elevations with a minimum
of ten percent coverage of one of the elements.
d. Front porch of at least 50 square feet.
e. The installation of at least two (2) coach lights.
f. Other techniques for Building Articulation can be substituted if
administratively approved by the Administrative Official.
3) Roofs.
a. Except for porch roofs and shed roofs, pitched roofs shall have a
minimum slope of 6" x 12" (six inches vertical rise for every 12 inches
horizontal run) and shall have an overhang at least 1' (one foot) beyond
the building wall; however, the overhang shall not encroach into a
setback more than one foot. Porch roofs and shed roofs must have a
minimum pitch of 4" x 12".
b. Roofing materials in all residential districts may only consist of
architectural asphalt shingles (including laminated dimensional
shingles), clay and concrete tile, metal shingles, mineral -surfaced row
roofing, slate and slate -type shingles, wood shingles, wood shakes or an
equivalent or better product as compared with said materials. Should
architectural shingles be used as roofing material, said shingles shall be
accompanied with a minimum 25 year warranty. Under no
circumstances shall three -tab shingles be used as roofing material.
4) Garages. Garages maybe front facing orJ Swing type.
17
5) Fenestration.
a. Windowless exterior walls, excluding garage doors that face a public
right-of-way, or other similar highly visible areas are prohibited. On two
story structures, windows are required on the first and second story
facing a public right-of-way.
b. Windows shall be in harmony with and proportionate to the rest of the
structure.
c. The use of reflective glass on residential structures is prohibited.
Reflective glass will be defined as having a visible light reflectance rating
of 15% or greater
6) Masonry Content.
a. Except as noted below, the exterior walls (excluding windows and
doors) on the First Floor Front Elevation of any single family home shall
be 90 percent masonry and 80 percent on the second floor front
elevation. The total cumulative surface area of the remaining exterior
walls (excluding windows and doors) shall be 80% masonry.
b. Except as noted below, the exterior walls (excluding windows and
doors) on the Front Elevation of any multi -family structure shall be 100
percent masonry. The total surface area of the remaining exterior walls
(excluding windows and doors) shall be 90% masonry.
c. Second floor Dutch Gable Roof elements are not required to be
masonry if setback at least 3 feet from the first floor front elevation
vertical plane.
7) Exceptions to the Residential Architectural Standards in this section may be only
occur after application and review by the Planning and Zoning Commission and
approval by the City Council by Specific Use Permit.
(Ord. No. 597-201Z adopted 1012312012)
18
V. DEVELOPMENT SCHEDULE
Date
Total Lots
2015
150
2016
250
2017
300
2018
375
2019
450
2020
550
2021
654
Home construction anticipated through the end of 2021.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect
any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions
of this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
19
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
APPROVED:
Natha Wilkison, City Secretary Mike Crist, Mayor
20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John
Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel
Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey,
Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by
deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin
County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al
recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract:
THENCE S 89°54'24"W, 2687.84 feet;
THENCE N 00°04'27"W, 387.21 feet;
THENCE N 89°58'14"W, 849.21 feet;
THENCE N 03°33'44"E, 1188.00 feet;
THENCE N 88°26'26"W, 365.15 feet;
THENCE N 23°08'27"W, 67.47 feet;
THENCE N 02°48'15"E, 1930.31 feet;
THENCE N 89°5255"E, 465.63 feet;
THENCE N 89°15'32"E, 742.56 feet;
THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being
the northwest corner of said 114.252 acre tract;
THENCE N 89°11'00"E, 794.06 feet;
THENCE S 00°10'57"W, 232.18 feet;
THENCE N 89°56'12"E, 1184.36 feet;
THENCE S 01°06'39"E, 55.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet;
21
THENCE S 15°42'02"W, 121.60 feet;
THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41",
having a radius of 700.00 feet, the long chord which bears S 07°1741"W, 204.65 feet;
THENCE S 01°06'39"E, 201.55 feet;
THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48",
having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet;
THENCE S 08°25'09"W, 393.86 feet;
THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23",
having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet;
THENCE S 00°0544"W, 1035.62 feet;
THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52",
having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet;
THENCE S 43°31'37"W, 241.38 feet;
THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48",
having a radius of 400.00 feet, the long chord which bears S 43°40'02"W, 25.41 feet;
THENCE N 89°44'50"W, 655.06 feet;
THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or
368.2 acres of land more or less.
22
EXHIBIT "B"
CONCEPT PLAN
23
N
CITY OF AN NA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Date: December 8, 2015
Staff Contact: Maurice Schwanke
Exhibits: Yes
AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and
development standards in Ordinance No. 179-2005 on approximately 15.7 acres of land
located in the Francis T. Daffau Survey, A0288; AND (b) Consider/Discuss/Action
regarding an Ordinance amending the development standards in Ordinance No. 179-
2005 on 15.7 acres of land located in the F.T. Daffau Survey, A0288.
SUMMARY: The Anna 455 Commercial, LP has submitted a request to amend the
zoning and development standards on three tracts of land totaling approximately 15.7
acres of land. The subject properties are located on the north of side of W. White Street
(FM 455) north of Anna Market Center and the Oak Hollow Subdivision. This request
would change the Building and Area requirements on the remaining land area within
Commercial/Retail Tract C to reflect current C-2 area requirements in the General
Commercial District regulations.
The Planning and Zoning Commission recommended approval of the zoning request at
their meeting November 2nd, 2015. The vote was unanimous.
STAFF RECOMMENDATION: Staff recommends approval of this ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO. 2015-709
Anna 455 Commercial LP IM
"Planned Development-C-2" ("PD")
North of FM 455 (White St.) and east and west of Ferguson Pkwy
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ZONING
MAP, AND THE ZONING ORDINANCE AND CHANGING THE ZONING OF
CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS,
REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR
THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS;
AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances,
rules and regulations governing the zoning in the City; and
WHEREAS, Anna 455 Commercial LP has submitted a request to amend the zoning
and development regulations in Ordinance No. 179-2005 on 15.7 acres of land
located in the F.T. Daffau Survey, A0288 (the "Property") further described in Exhibit
A attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of
the City of Anna ("City Council") have given the requisite notices by publication and
otherwise and have held the public hearings as required by law and afforded a full
and fair hearing to all property owners and generally to all persons interested in and
situated in the affected area and in the vicinity thereof, the City Council has
concluded that the Zoning Ordinance of the City should be amended as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Ordinance Amended
Exhibit C of Ordinance No. 179-2005 is hereby amended by changing the Building
and Area Requirements in Section 3.1(b) for the Property described in Exhibit A as
follows:
3. Planned Development — Commercial/Retail Tract C
b. Building and Area Requirements: The following development standards
shall pertain to retail uses, as outlined above, developed within Tract C.
4
Density: The permitted floor and area of all buildings within the
commercial/retail areas shall be unlimited, provided that all sections
of the Planned Development Ordinance are fulfilled.
ii. Front Yard: The minimum depth of the front yard shall be twe
five (25) feet.
iii Side Yard:
a. The minimum interior side yard shall be five (5) feet. The
minimum side yard may be eliminated for attached buildings on
separate lots as shown on an approved site plan.
b. When adjacent to any other district that requires a side yard, the
minimum side yard shall be fifteen (15) feet
c. The minimum side yard when adjacent to a street shall be twenty-
five (25) feet.
d. The minimum side yard when adjacent to property that is zoned
for single family shall be twenty-five (25) feet.
iv. Rear Yard7X
a. The minimum rear yard shall be ten (10) feet. The minimum rear
yard may be eliminated for attached buildings on separate lots as
shown on an approved site plan.
i
b. The minimum rear yard when adjacent to property that is zoned
for single family shall be thirty-five (35) feet.
Maximum Building Height: The maximum height of the buildings
within Commercial/Retail Areas shall have a maximum allowed
height of two (2) stories, not to exceed forty (40) feet.
Lot Area: The minimum lot area shall be ten thousand (10,000)
square feet.
Lot Width: The minimum lot width shall be sixty (60) feet.
viii. Lot Depth: The minimum slot depth shall be ninety (90) feet
Ord. No. 2015-709
(Anna 455 Commercial, Ltd.)
011
ix. Lot Coverage: The maximum lot coverage shall be seventy (70)
percent for the combined areas of the main buildings and accessory
buildings. Parking structures and parking facilities shall be
excluded from lot coverage computation.
x. Building Materials: All main buildings shall have an exterior finish of
stone, stucco_(if approved by the Anna City Council) brick, tile,
concrete, glass, exterior wood or similar materials or any
combination thereof. The use of wood as a primary, exterior
building material shall be limited to a maximum of twenty (20)
percent of the total exterior wall surfaces>
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning
described herein:
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words,
sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this
ordinance are severable and, if any phrase, sentence, paragraph, subdivision,
clause, or provision of this ordinance shall be declared unconstitutional or otherwise
invalid or inapplicable by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of
the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional,
invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses,
phrases, or provisions. Further, all ordinances or parts of ordinances in force when
the provisions of this ordinance become effective that are consistent and do not
conflict with the terms and provisions of this ordinance are hereby ratified to the
extent of such consistency and lack of conflict, and all ordinances or parts of
ordinances in force when the provisions of this ordinance become effective that are
inconsistent or in conflict with the terms and provisions contained in this ordinance
are hereby repealed only to the extent of any such conflict.
Section 5. Penalty
f
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person
convicted of any such violation shall be fined in an amount not to exceed $2,000 for
each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
Ord. No. 2015-709 3
(Anna 455 Commercial, Ltd.)
This ordinance shall be effective upon its passage by the City Council, approval by
the Mayor, and posting and/or publication, if required by law, of its caption. The City
Secretary is hereby authorized and directed to implement such posting and/or
publication.
PASSED by the City Council of the City of Anna, Texas this 8th day of
2015. 4
ATTESTED:
Carrie L. Smith, City Secretary
Ord. No. 2015-709
(Anna 455 Commercial, Ltd.)
APPROVED:
Mike Crist, Mayor
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau
Survey, Abstract Number 288, being a part of that called 20.00 acre tract of land described in deed to
Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20071205001623100, Deed
Records Collin County, Texas, being a part of that called 8.931 acre tract of land described as Tract I in
deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20121119001473740
and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, and being further
described as follows:
COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market
Highway No. 455) (a variable width right-of-way), said point being in the west line of said 13.798 acre
tract of land, and said point being the east line of Lot 9, Block B of The Falls Phase 1A, an addition to the
City of Anna, as recorded in Cabinet O, Page 615, Plat Records Collin County, Texas;
THENCE along the north line of White Street as follows:
South 89 degrees 01 minutes 10 seconds East, 1485.84 feet to a brass TXDOT monument found;
Southeasterly, 144.30 feet along a curve to the right having a central angle of 01 degrees 38
minutes 02 seconds, a radius of 5,060.00 feet, a tangent of 72.16 feet, and whose chord bears South 88
degrees 12 minutes 09 seconds East, 144.30 feet to a point for corner;
South 87 degrees 23 minutes 07 seconds East, 225.78 feet to a pk nail found in the west line of
Lot 1, Block A of Summer Hill Addition, an addition to the City of Anna, as recorded in Volume 2011,
Page 22, Plat Records Collin County, Texas;
THENCE South 87 degrees 24 minutes 35 seconds East, 126.53 feet to point in the north line of White
Street, said point being in the east line of said Lot 1, and said point being the POINT OF BEGINNING of
the herein described tract of land;
THECE North 01 degrees 16 minutes 02 seconds East, 216.01 feet along the east line of said Lot 1 to the
northeast corner of said Lot 1;
THECE South 88 degrees 44 minutes 01 seconds East, 174.46 feet to a five -eighths inch iron rod found
for corner;
THECE South 02 degrees 58 minutes 00 seconds West, 60.69 feet to a one-half inch iron rod found at the
northwest corner of a called 0.700 acre tract of land described in deed to Ronny and Linda Brown, as
recorded in Volume 1076, Page 564, Deed Records Collin County, Texas;
THECE South 03 degrees 08 minutes 13 seconds West, 159.38 feet along the west line of said 0.700 acre
tract of land to a brass TXDOT monument found in the north line of White Street;
THENCE North 87 degrees 23 minutes 06 seconds West, 167.40 feet along the north line of White Street
to the POINT OF BEGINNING and containing 37,289 square feet or 0.856 of an acre of land.
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 13.798 acre tract of land
described as Tract II in deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk
File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records
Collin County, Texas, being a part of that called 20.000 acre tract of land described in deed to
Anna 455 Commercial Partners, LP, as recorded in County Clerk File No. 20071205001623100,
Deed Records Collin County, Texas, and being further described as follows:
BEGINNING at a brass TXDOT monument found in the north line of White Street (Farm to
Market Highway No. 455) (a variable width right-of-way), said point being in the west line of
said 13.798 acre tract of land, and said point being the east line of Lot 9, Block B of The Falls
Phase 1 A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records
Collin County, Texas;
THENCE North 00 degrees 13 minutes 06 seconds East, 300.03 feet along the west line of said
13.798 acre tract of land and along the east line of said Lot 9 to a one-half inch iron rod set for
corner;
THENCE South 89 degrees 01 minutes 10 seconds East, 1,073.37 feet to a point for corner;
THENCE South 00 degrees 58 minutes 50 seconds West, 300.00 feet to a point in the north line
of White Street;
THENCE North 89 degrees 01 minutes 10 seconds West, 1,069.37 feet along the north line of
White Street to the POINT OF BEGINNING and containing 321,411 square feet or 7.379 acres
of land.
EXHIBIT A
LEGAL DESCRIPTION
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 20.000 acre tract of land
described in deed to Anna 455 Commercial Partners, LP, as recorded in County Clerk File No.
20071205001623100, Deed Records Collin County, Texas, and being further described as
follows:
BEGINNING at a PK nail found in the north line of White Street (Farm to Market Highway No.
455) (a variable width right-of-way), said point being in the west line of north line of Lot 1,
Block A of Summer Hill Addition, an addition to the City of Anna, as recorded in Volume 2011,
Page 22, Plat Records Collin County, Texas;
THENCE along the north line of White Street as follows:
North 87 degrees 23 minutes 07 seconds West, 225.78 feet to a point for corner;
Northwesterly, 144.30 feet along a curve to the left having a central angle of 01 degrees
38 minutes 02 seconds, a radius of 5,060.00 feet, a tangent of 72.16 feet, and whose chord bears
North 88 degrees 12 minutes 09 seconds West, 144.30 feet to a brass TXDOT monument found;
North 89 degrees 01 minutes 10 seconds West, 114.20 feet to a point for corner;
THENCE North 01 degrees 20 minutes 21 seconds East, 45.91 feet to a point for corner;
THENCE Northeasterly, 122.41 feet along a curve to the right having a central angle of 04
degrees 52 minutes 14 seconds, a radius of 1,440.00 feet, a tangent of 61.24 feet, and whose
chord bears North 03 degrees 46 minutes 29 seconds East, 122.38 feet to a point for corner;
THENCE North 06 degrees 12 minutes 36 seconds East, 406.23 to a point for corner;
THENCE Northeasterly, 123.11 feet along a curve to the left having a central angle of 04
degrees 14 minutes 58 seconds, a radius of 1,660.00 feet, a tangent of 61.59 feet, and whose
chord bears North 04 degrees 05 minutes 07 seconds East, 123.09 feet to a point for corner;
THENCE North 01 degrees 56 minutes 40 seconds East, 0.94 feet to a point in the north line of
said 20.000 acre tract of land, said point being in the south line of called 56.738 acre tract of land
described in deed to Lennar Homes of Texas Land and Construction, LTD., as recorded in
County Clerk File No. 20150206000134500, Deed Records Collin County, Texas;
THENCE South 88 degrees 56 minutes 01 seconds East, 436.51 feet along the north line of said
20.000 acre tract of land and along the south line of said 56.738 acre tract of land to a five -
eighths inch iron rod found at the northwest corner of a called 10.617 acre tract of land described
EXHIBIT A
in deed to Lennar Homes of Texas Land and Construction, LTD., as recorded in County Clerk
File No. 20150206000134510, Deed Records Collin County, Texas;
THENCE along the west line of said 10.617 acre tract of land as follows:
South 01 degrees 15 minutes 59 seconds West, 440.33 feet to a one-half inch iron rod set
for corner;
South 32 degrees 44 minutes 52 seconds West, 61.47 feet to a one-half inch iron rod set
in the north line of said Lot 1;
THENCE North 88 degrees 44 minutes 01 seconds West, 33.18 feet along the north line of said
Lot 1 to a five -eighths inch iron rod found at the northwest corner of said Lot 1;
THENCE South 01 degrees 15 minutes 59 seconds West, 213.09 feet along the west line of Lot 1
to the POINT OF BEGINNING and containing 323,716 square feet or 7.432 acres of land.
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