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HomeMy WebLinkAbout2015-11-10 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. 1 CITY OF ANNA AGENDA NOTICE – CITY COUNCIL November 10, 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 November 10, 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. 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. 4. 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. 5. Adjourn. 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. 2 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. November 6, 2015. ___________________________________________ Carrie L. Smith, City Secretary Item No. WS2 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact:City Manager Exhibits: None AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. WS 3 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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. STAFF RECOMMENDATION: Click here to enter text. Item No. WS4 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: Click here to enter text. STAFF RECOMMENDATION: Click here to enter text. Item No. WS 5 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: None AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. 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. 1 Version 11/6/2015 2:00 PM CITY OF ANNA AGENDA NOTICE – CITY COUNCIL MEETING November 10, 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 November 10, 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. 2 Version 11/6/2015 2:00 PM 5. Recognition of 2015 Citizen Academy Participants (Jessica Perkins) 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) e. Approve a Resolution approving a preliminary plat of Camden Parc, Phase 3 (Maurice Schwanke) f. Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 (Chief Jenks) 7. Conduct a Public Hearing on the creation of the Villages of Hurricane Creek TIRZ (Clayton Fulton) 8. Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (Clayton Fulton) 9. Consider/Discuss/Action on a Ordinance abandoning a portion of the prescriptive right-of-way for CR 422 (Maurice Schwanke) 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) 11. Consider/Discuss/Action on a Resolution casting a ballot for the Collin Central Appraisal District Board of Directors (City Council) 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 11/6/2015 2:00 PM 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) 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. 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 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 15. 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. November 6, 2015. _____________________________________ Carrie L. Smith, City Secretary Item No. 1 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: None AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. 2 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: Item No. 3 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Citizen comments. SUMMARY: 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. STAFF RECOMMENDATION: Item No. 4 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: 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. STAFF RECOMMENDATION: Item No. 5 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Jessica Perkins Exhibits: No AGENDA SUBJECT: Recognition of 2015 Citizen Academy Participants SUMMARY: STAFF RECOMMENDATION: Item No. 6a - f City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: Attached AGENDA SUBJECT: These items consists of non-controversial or “housekeeping” items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: 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) e) Approve a Resolution approving a preliminary plat of Camden Parc, Phase 3 (Maurice Schwanke) f) Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 (Chief Jenks) STAFF RECOMMENDATION: Staff recommends approval of the consent items. Item No. 6c City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Presentation of Quarterly Investment Report SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following: •Review of economic conditions •Review of the City’s holdings •Comparison of book vs. market value •Allocation information •Other information related to the PFIA STAFF RECOMMENDATION: None, no action is required Item No. 6d City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve the “Morris” development plat. SUMMARY: The Morris development plat is located within Anna’s extraterritorial jurisdiction at 12982 County Road 477. The tract is in the James Fisher Survey, Abstract No. 305 and contains approximate 3.72 acres of land. The owner is proposing to build a garage on the tract. The submittal meets the City of Anna development requirements. The Planning and Zoning Commission recommended approval of the development plat at their meeting, November 2nd, 2015. The vote was unanimous. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Item No. 6e City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve “Camden Parc PH 3”preliminary plat. SUMMARY: The Camden Parc Phase 3 preliminary plat contains 23.35 acres located in the J.C. Brantley Survey, Abstract No. 114 at the southeast corner of CR 76 and CR 427. Within this project 79 residential lots are proposed. The plat layout is in conformance with the existing zoning. The plat has been reviewed by city staff and consulting engineer. The staff is recommending that the approval of this preliminary plat be subject to final construction plans approval addressing all planning and engineering concerns. The Planning and Zoning Commission recommended approval of the preliminary plat subject to the staff’s recommendations at their meeting, November 2nd, 2015. The vote was unanimous. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. Item No. 6f City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Chief Jenks Exhibits: Contract amendments AGENDA SUBJECT: Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 SUMMARY: The City’s Animal Control and Sheltering Services occur through agreements with Collin County. It is currently the most cost effective means of providing Animal Services. The FY 2016 costs being levied by Collin County for Animal Control services is $32,236.00 (a decrease of $446) and for Animal Sheltering services is $16,630.00 (a decrease of $6,924). Overall, the City will see a $7,370.00 decrease in fees for both services. This resolution allows the agreements to be amended to extend the Animal Control and Animal Sheltering agreements through September 30, 2016. STAFF RECOMMENDATION: Approve the Resolution amending/extending the Animal Services/Shelter agreements with Collin County. Item No. number City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10,2015 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). Our financial advisers, First Southwest will be in attendance to present information on the proposed TIRZ. The TIRZ plan is being reviewed by staff and will be presented to the council for approval at the regularly scheduled December 8, 2015 City Council meeting. The public hearing will need to be held open and resumed at that meeting. STAFF RECOMMENDATION: None Item No. 8 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water. SUMMARY: As a member of the Collin Grayson Municipal Alliance (Cities of Anna, Melissa, Van Alstyne, and Howe), each city has a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for 59,312,500 gallons of ground water annually. For the water year ended July 31st, 2015 both Melissa and Anna exceed their MT/P amounts. The City of Anna exceeded our MT/P by 6,695,500 gallons. The cities of Van Alstyne and Howe did not exceed their MT/P amount and have excess capacity. In order to avoid an increase in our MT/P for the 2016 water year, the CGMA consultant has recommended that the City of Anna purchase the excess capacity from Van Alstyne and Howe for the 2015 water year. The City of Anna has sold excess capacity in previous water years; however, the growth of the City necessitated taking additional water this past year. The cities of Van Alstyne and Howe are willing to sell a portion of their capacity to the City of Anna. Details of the methodology to determine the rate and the gallons are in the attached memo presented to CGMA last month. If approved, the attached ILA’s will authorize the purchase of 3,347,750 gallons each from Van Alstyne and Howe for a total cost of $8,938.50. An agreement to purchase excess water from Van Alstyne and Howe for the 2015 water year will not have any effect upon the 2016 water year or upon Anna’s MT/P volume or obligations. STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to execute the attached ILA with the City of Melissa. Item No. 9 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on an Ordinance abandoning a portion of the prescriptive right- of-way for CR 422. SUMMARY: This proposed ordinance abandons a portion old County Road 422 that has been replaced by Finley Blvd and Sharp Street as part of the Anna Town Square Development. The prescriptive right-of-way is no longer needed by the City. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Item No. 10 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 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) and a 15 acre tract located in the Jonathan Douthit Survey, Abstract No. 251 (McGuffey Living Trust, owner). 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, and the McGuffey Living Trust on 15 acres of land. 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 and Bhagat Holdings Ltd. expired in 2011 and the agreement with McGuffey Living Trust expires 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 the Sam Rayburn Memorial Highway (SH 121) and F.M. 2862. 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. 11 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution casting a ballot for the Collin Central Appraisal District Board of Directors. SUMMARY: The Collin Central Appraisal District is governed by a six member Board of Directors, five of which are elected by the taxing units that participate in the district. The five elected members of the board of directors serve two-year terms beginning on January 1 of even-numbered years. Based on its relative size to the other taxing units in the district, The City of Anna is entitled to cast 8 votes on the ballot of this year’s election. Six names are listed on the ballot. STAFF RECOMMENDATION: The City Council may assign its 8 votes to one candidate or distribute them among several candidates. Item No. 12 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: 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. SUMMARY: During our recent review of ordinances related to water meters and billing, Staff identified a section of code that needs to be clarified regarding the timing of monthly water meter readings. The proposed amendment removes ambiguity and ensures that our business operations are consistent with the requirements in the City Code. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. Item No. 13 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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. STAFF RECOMMENDATION: Item No. 14 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: Item No. 15 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: November 10, 2015 Staff Contact: City Manager Exhibits: None AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. VOURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL November 10, 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 November 10, 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. 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. 4. 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. 5. Adjourn. 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. 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. November 6, 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. CITY OF ANNA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. WS2 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact:City Manager Exhibits: None CITY OF ANNA, TEXAS Item No. WS 3 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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. STAFF RECOMMENDATION: Click here to enter text. CITY OF AN NA, TEXAS Item No. WS4 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: Click here to enter text. STAFF RECOMMENDATION: Click here to enter text. CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. WS 5 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: None Y{OURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING November 10, 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 November 10, 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 11/6/2015 2:00 PM 5. Recognition of 2015 Citizen Academy Participants (Jessica Perkins) 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) e. Approve a Resolution approving a preliminary plat of Camden Parc, Phase 3 (Maurice Schwanke) f. Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 (Chief Jenks) 7. Conduct a Public Hearing on the creation of the Villages of Hurricane Creek TIRZ (Clayton Fulton) 8. Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water (Clayton Fulton) 9. Consider/Discuss/Action on a Ordinance abandoning a portion of the prescriptive right-of-way for CR 422 (Maurice Schwanke) 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) 11. Consider/Discuss/Action on a Resolution casting a ballot for the Collin Central Appraisal District Board of Directors (City Council) 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 11/6/2015 2:00 PM 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) 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. 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 14. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary 15.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. November 6, 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. Version 11/6/2015 2:00 PM CITY OF ANNA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: None CITY OF ANNA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A CITY OF ANNA, TEXAS AGENDA SUBJECT: Citizen comments. SUMMARY: Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A 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. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: 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. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Recognition of 2015 Citizen Academy Participants SUMMARY: STAFF RECOMMENDATION: Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Jessica Perkins Exhibits: No CITY OF ANNA, TEXAS Item No. 6a - f City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: Attached AGENDA SUBJECT: These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: 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) e) Approve a Resolution approving a preliminary plat of Camden Parc, Phase 3 (Maurice Schwanke) f) Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 (Chief Jenks) STAFF RECOMMENDATION: Staff recommends approval of the consent items. ANNA CITY COUNCIL MINUTES WORKSHOP SESSION October 27, 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. Deputy Mayor Pro Tern Beazley called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Ar Council Members Justin Burr, Lauren Lovato, John Beazley and Dick Dowd were present. Mayor Mike Crist Council Member Chad Barnes and Council Member Nathan Bryan were absent. 3. Briefing/Discussion regarding holiday meeting schedule. (Philip Sanders) In order to avoid potential scheduling conflicts, the City has typically elected not to place items on the City Council agendas for meetings scheduled on the Tuesdays immediately prior to the Thanksgiving and Christmas holidays. The second Council meeting in November is scheduled for November 24, two days prior to Thanksgiving Day. The second regular Council meeting in December is scheduled for December 22, a few days prior to Christmas Day. If no items are placed on the agenda, it will not be necessary for the Council to meet on November 24 and December 22. 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. 10-27-15 CC Workshop Minutes 5 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 Burr moved to adjourn to closed session; 6:34 p.m. Council Member Dowd seconded. Motion carried 4-0. Deputy Mayor Pro Tern Beazley reconvened the meeting at 7:11 p.m' Consider/Discuss/Action on any items listed on posted agenda City of City Council Regular Meeting or any Closed Session occurring during tnis Workshop, as necessary. No action taken. 6. Adjourn. Council Member Burr moved to adjourn at 7:12 pm. Council Member Dowd seconded. Motion carried 4-0. ATTEST: Approved on the ;K day of City Secretary Carrie L. Smith Mayor Mike Crist W215N11 10-27-15 CC Workshop Minutes 2 6a ANNA CITY COUNCIL MINUTES REGULAR SESSION October 27, 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. J 1. Call to Order. Deputy Mayor Pro Tern Beazley called the meeting to order at 7:30 pm. Council Members Justin Burr, Lauren Lovato, John Beazley and Dick Dowd were present. Mayor Crist, Council Members Nathan Bryan and Chad Barnes were absent. 2. Invocation and Pledge of Allegiance. Deputy Mayor Pro Tem Beazley 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 public 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. 10-27-15 CC Regular Minutes Anna High Varsity football game has been rescheduled to Thursday. Saturday is Halloween, watch for kids. 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 October 13, 2015. (Carrie Smith) W b. Approve an Ordinance approving the 2015 Tax Roll (Clayton Fulton) ORDINANCE NO. 2015-700: AN ORDINANCE APPROVING THE 2015 TAX ROLL FOR THE CITY OF ANNA, TEXAS c. Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek Tax Increment Reinvestment Zone. (Clayton Fulton) RESOLUTION NO. 2015-10-117: A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE WITHIN THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. MOTION: Council Member Burr moved to approve consent items. Council Member Lovato seconded. Motion carried 4-0. Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements. (Joseph Johnson) RESOLUTION NO. 2015-10-118: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR PECAN GROVE, PHASE 1 DRAINAGE IMPROVEMENTS. MOTION: Council Member Burr moved to approve; subject to City Attorney's approval of agreement language. Council Member Beazley seconded. Motion carried 4-0. 10-27-15 CC Regular Minutes z 7. a. Conduct a Public Hearing on a request by BP Products Corp.to change the zoning from Single Family Estate (SF-E) to Planned Development (PD), on a 42.553 acre tract of land located in the J C Neil Survey, A-0659, at SH 121 and CR 507. (Maurice Schwanke) Deputy Mayor Pro Tern Beazley opened the public hearing at 7:36 pm. No Comments. W." Deputy Mayor Pro Tern Beazley closed the public hearing at 7:36 pm b. Consider/Discuss/Action regarding an Ordinance changing the zoning from Single Family Estate (SF-E) to Planned Development (PD), on a 42.553 acre tract of land located in the J C Neil Survey, A-0659 at SH 121 and CR 507. (Maurice Schwanke) ORDINANCE NO. 2015-701: 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 PROPERTIES 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 BYLAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Dowd moved to approve. Council Member Burr seconded. Motion carried 4-0. 8. Consider/Discuss/Action on an Ordinance amending the 2015-16 fiscal year budget (Clayton Fulton) ORDINANCE NO. 2015-702: AN ORDINANCE AMENDING ORDINANCE NO. 695-2015 ADOPTING THE BUDGET FOR THE 2015-2016 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Burr moved to approve. Council Member Lovato seconded. Motion carried 4-0. 9. Consider/Discuss/Action on a Resolution awarding a bid and approving a contract for the Hackberry Elevated Tower project. (Joseph Johnson) RESOLUTION NO. 2015-10-119: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY 10-27-15 CC Regular Minutes MANAGER TO EXECUTE A CONTRACT WITH LANDMARK STRUCTURES, INC. FOR THE HACKBERRY ELEVATED STORAGE TANK PROJECT. MOTION: Council Member Dowd moved to approve. Council Member Beazley seconded. Motion carried 4-0. 10.Consider/Discuss/Action on a Resolution approving Change r Order #1 for the Hackberry Elevated Tower project. (Joseph Johnson) RESOLUTION NO. 2015-10-119: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEDUCTIVE CHANGE ORDER WITH LANDMARK STRUCTURES, INC. FOR THE HACKBERRY ELEVATED STORAGE TANK PROJECT. -&W, MOTION: Council Member Burr moved to approve with an exception to Item 9. Council Member Dowd seconded. Motion carried 4-0. 11. Consider/Discuss/Action on a Resolution authorizing the purchase of a vac -trailer. (Joseph Johnson) RESOLUTION NO. 2015-10-121: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITYMANAGER TO PURCHASNA VACUUM EXCAVATOR FROM VERMEER EQUIPMENT OF TEXAS THROUGH THE BUYBOARD COOPERATIVE PURCHASING SYSTEM. MOTION: Council Member Lovato moved to approve. Council Member Burr seconded. Motion carried 4-0. 12. Consider/Discuss/Action on a Resolution authorizing the City Manager to approve an Engineering Task Order for the Hackberry Lane Reconstruction project. (Joseph Johnson) RESOLUTION NO. 2015-10-122: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE HACKBERRY ROAD AND DRAINAGE IMPROVEMENTS. MOTION: Council Member Beazley moved to approve. Council Member Burr seconded. Motion carried 4-0. 13. Consider/Discuss/Action on a Resolution regarding support for the proposed Palladium Anna project. (Philip Sanders) 10-27-15 CC Regular Minutes RESOLUTION NO. 2015-10-123: RESOLUTION REGARDING SUPPORT FOR THE PALLADIUM ANNA PROJECT MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion carried 4-0. 14.Consider/Discuss/Action on a Resolution approving a request by Anna Crossing AMC, Ltd for a waiver of the requirements in Article 3, Section 1.03(d) regarding vehicular access to a 9.482 acre tract of land located in the Grandison Stark Survey, A-798 north and east of Finley Blvd. (Maurice Schwanke) RESOLUTION NO. 2015-10-124: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REQUEST BY ANNA CROSSING AMC, LTD FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART 111-A, ARTICLE 3, SECTION 1.03(d) OF THE ANNA CITY CODE REGARDING VEHICULAR ACCESS TO A 9.482 ACRE TRACT OF LAND LOCATED IN THE GRANDISON STARK SURVEY, A-798, IN THE ANNA TOWN SQUARE DEVELOPMENT MOTION: Council Member Dowd moved to approve. Council Member Burr seconded. Motion carried 4-0. 15.a. Conduct a Public Hearing on a request by Anna Crossing AMC, Ltd to amend the zoning and development standards in Ordinance No. 129-2004 for a 9.482 acre tract of land located in the Grandison Stark Survey, A-798 north and east of Finley Blvd. (Maurice Schwanke) Deputy Mayor Pro Tern Beazley opened the public hearing at 8:18 pm. No Comments. Deputy Mayor Pro Tern Beazley closed the public hearing at 8:20 pm. AV b. Consider/Discuss/Action regarding an Ordinance amending the zoning and development standards in Ordinance No. 129-2004 for a 9.482 acre tract of land located in the Grandison Stark Survey, A-798 north and east of Finley Blvd. (Maurice Schwanke) ORDINANCE NO. 2015-703: 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 10-27-15 CC Regular Minutes FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BYLAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Burr moved to approve. Council Member Lovato seconded. Motion carried 4-0. 16.a. Conduct a Public Hearing on a recommendation to amend Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd (Maurice Schwanke) Deputy Mayor Pro Tern Beazley opened the public hearing at 8:27 pm. • Christine Lewis of Red Fox Rd requested clarification of the location. Deputy Mayor Pro Tern Beazley closed the public hearing at 8:29 pm. b. Consider/Discuss/Action on an Ordinance amending the Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd. (Maurice Schwanke) ORDINANCE NO. 2015-704: AN ORDINANCE OF THE CITY OF THE ANNA, TEXAS, PROVIDING FOR THE APPROVAL AND ADOPTION OF A REVISION AS PROVIDED IN EXHIBIT "A" TO THE COMPREHENSIVE PLAN 2030, TOGETHER WITH ALL EXHIBITS AND APPENDICES THERETO, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND PROVIDING AN EFFECTIVE DATE. MOTION: Council Member Burr moved to approve. Council Member Beazley seconded. Motion carried 4-0. 17.a. Conduct a Public Hearing on a request by Foster Crossing Ltd to amend the zoning and development standards in Ordinance No. 2002-27A, for a 63.867 acre tract of land located in the R C Ingraham Survey, A-0464 north of Foster Crossing Blvd. (Maurice Schwanke) Deputy Mayor Pro Tern Beazley opened the public hearing at 8:33 pm. • Christine Lewis of Red Fox Rd requested clarification of the location. Deputy Mayor Pro Tern Beazley closed the public hearing at 8:25 pm. 10-27-15 CC Regular Minutes 6 b. Consider/Discuss/Action regarding an Ordinance amending the zoning and development standards in Ordinance No. 2002- 27A for a 63.867 acre tract of land located in the R C Ingraham Survey, A-0464 north of Foster Crossing Blvd. (Maurice Schwanke) ORDINANCE NO. 2015-705: 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 BYLAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. T, 4 MOTION: Council Member Burr moved to approve. Council Member Dowd seconded. Motion carried 4-0. 18.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: E4 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. 19.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Beazley moved to take no action. Council Member Burr seconded. Motion carried 4-0. 10-27-15 CC Regular Minutes 7 20.Adjourn. MOTION: Council Member Dowd moved to adjourn at 8:36 p.m. Council Member Burr seconded. Motion carried 5-0. Approved on the day of ATTEST: City Secretary Carrie L. Smith IVIdYUI IVIIF\C I,IIJI NOW 10-27-15 CC Regular Minutes W MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING October 5, 2015 The Planning and Zoning Commission of the City of Anna held its regular meeting on October 5th, 2015, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to order and establishment of quorum. The meeting was called to order at 7:02 p.m. Members present were Sandy Setliff, Don Callaham, Lorenzo Gonzalez, Donald Henke, John Johnson, Darrin Colombo and Tom Plunkett. Staff present was Maurice Schwanke and Tana Ross. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Robertson" development plat. Mr. Schwanke gave a presentation. The development plat is located within Anna's exterritorial jurisdiction. The tract is in the J. C. Neil Survey, Abstract No. 659 and contains approximate 5 acres of land. The owner is proposing to build a house and a metal workshop on the tract. The property is located at 12144 County Road 509. The submittal meets the City of Anna development requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Act on recommendation regarding "Richardson" development plat. Mr. Schwanke gave a presentation. The development plat is located within Anna's exterritorial jurisdiction. The tract is in the Richard Phalen Survey, Abstract No. 694 and contains approximate 4 acres of land. The owner is proposing to build a house, carport and several other structures on the tract. The property is located at 9183 County Road 285. The submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Commissioner Gonzalez, seconded by Commissioner Colombo to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Act on recommendation regarding "Munger" development plat. Mr. Schwanke gave a presentation. The development plat for is located within Anna's exterritorial jurisdiction. The tract is in the Joseph Britton Survey, Abstract No. 72 and contains approximate 1.252 acres of land. The owner is proposing to build a house and other structures on the tract. The property is located at 10236 County Road 289. The PZ Agenda 10-05-15.doc Page 1 of 4 10-05-15 submittal meets the City of Anna development plat requirement. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Commissioner Henke, seconded by Commissioner Callaham to recommend approval of the development plat. 6. Consider/Discuss/Act on recommendation regarding "Anna Crossing PH 3A" final plat. Mr. Schwanke gave a presentation answered questions from the Commissioner. The final plat received is on approximately 20.693 acres of land that is located east of Leonard Avenue and north of Sharp Street. The Civil plans are approved and infrastructure has been installed. The required lift station and force main servicing this phase has been approved and is under construction. This phase contains 36 residential lots on the tract. Mr. Schwanke noted that the Staff recommends approval of the final plat. John Arnold, representative, gave a presentation and answered questions from the Commissioner. A motion was made by Commissioner Setliff, seconded by Commissioner Plunkett to recommend approval of the final plat. The vote was unanimous. 7. Consider/Discuss/Act on recommendation regarding amendments to the Comprehensive Plan. Mr. Schwanke gave a presentation. The staff has been examining the thoroughfares in the south center part of the city in relationship to Ferguson Blvd, Taylor Blvd., Foster Crossing Blvd and Finley for several months. The current alignments traverse an existing neighborhood and crosses Slayter Creek several times. These alignments would be difficult and very expensive to obtain right-of-way and to construct the required bridges. Mr. Schwanke also noted that we have asked our engineer to evaluate the thoroughfares and to provide a recommended alignment. Exhibit A below shows the existing adopted thoroughfares while Exhibit B show the revised alignments. Gary Hendricks, city consultant engineer, gave a presentation and answered questions from the Commission. A motion was made by Commissioner Henke, seconded by Commissioner Colombo to recommend approval regarding amendments to the Comprehensive Plan. The vote was unanimous. 8. (a) Public Hearing: To consider public comments regarding a request by owners of property to change zoning to Planned Development (PD) zoning to accommodate Commercial (Cl) zoning classification with the additionally uses of mini -storage, boat and RV storage and modifying the masonry faVade requirements. The property is located north and south side of the Sam Rayburn Memorial Highway and west of County Road 509 and County Road 507. The property is currently zoned as Single Family Estate (SFE). The Public Hearing opened at 7:56 p.m. Mr. Schwanke gave a presentation and answered questions from the Commission. The zoning request is for C-1 zoning with the addition of mini storage and RV storage. This tract of land is part of the Thoroughfare Overlay district which has a higher standard than most commercial areas. This applicant is asking for less than 100 percent masonry. According to the Comprehensive plan this area is shown as a future commercial district. The staff is in strong opposition to the request of less than 100 percent masonry. We have received two letters stating that they PZ Agenda 10-05-15.doc Page 2 of 4 10-05-15 are opposed to lessening the masonry requirements. It should be noted that this area is not served by water from the City or sewer service. As development occurs adequately sized water lines with fire hydrant will be required for fire protection. The staff is in support of the proposal with 100 percent masonry and appropriate screening. The recommendation is to approve the C-1 uses with mini -Storage with no outside storage other than the storage of operable vehicles, recreational vehicles, utility trailers, and boats. Masonry Screening to be provided on all sides with the allowance of decorative steel screening in the front. (b) Consider/Discuss/Act on recommendation regarding a request to change zoning to Planned Development (PD) zoning to accommodate Commercial (C1) zoning classification with the additionally uses of mini -storage, boat and RV storage and modifying the masonry facade requirements. The property is currently zoned as Single Family Estate (SFE). A motion was made by Commissioner Callaham to approve the zoning request with the conditions of staff s recommendation. Commissioner Gonzalez seconded the motion. The vote was 6 ayes 1 nay (Setliff) Motion carried. 9. Tabled - Consider/Discuss/Act on recommendation regarding a request by John Arnold, representative for Foster Crossing LTD (Skorburg Co.) to amend existing PD (2002-27A) zoning, changing the commercial portion and residential portions of the tract to single family residential and to adjust densities throughout the request. The property is currently zoned as (PD) Planned Development for residential and commercial uses and is generally located west of Powell Parkway and north of Foster Crossing Road. Mr. Schwanke gave a presentation and answered questions from the Commissioner. The property identified on the attached Exhibit A (proposed ordinance attached) is intended to accommodate residential development in the City of Anna. The existing zoning on the property consists of 6,000, 7,200, 8,400 square foot lots and a commercial tract. The developer is proposing to adjust the density by making the overall lot size scheme with a 7,200 minimum lot size with a minimum average 8,400 square feet lot size. Since the existing zoning has an area with 6,000 square feet lot size entitlement the developer is asking for 15 units with a minimum lot size of 6,600 square feet. The overall minimum average 8,400 square feet lot size will be maintained. The commercial element of the existing zoning that was based on a previous alignment of proposed Ferguson Road will be eliminated. This zoning request was tabled at the P&Z meeting, September 14th, 2015 for further information concerning Foster Crossing Blvd. alignment based on a statement from Jim Luscombe concerning a commitment of the City to a certain future location of the roadway. This topic was discussed at a City Council meeting on June 8th, 2004. In that meeting, the minutes state that "Route 2 would be acceptable with donations of ROW and signed agreement of all parties and revision of Skorburg Plat". The "Route 2" is where the current Comprehensive Plan Map shows the thoroughfare in 120 feet of ROW. Since 2004 no signed agreements for ROW donations have been made and Staff is not aware of any plat submitted that would follow "Route 2". It is our understanding that the location of "Route 2" is opposed by the current owners of the land that the thoroughfare crosses as shown on the Comprehensive Plan Map. "Route 2" traverses through 5 different land owner's properties instead of following the existing street alignment. PZ Agenda 10-05-15.doc Page 3 of 4 10-05-15 Decisions by a previous City Council to adopt a roadway master plan do not prevent the current City Council from making amendments to the plan that are deemed appropriate. Changes to the Comprehensive Plan are at the discretion of the City Council. It should be noted that the request at hand deals with the appropriateness of the land use and not the alignment of thoroughfares. The staff is in support of this zoning request and the intended land use and is recommending approval. A motion was made by Commissioner Henke to recommend approval of the zoning request, seconded by Commissioner Colombo. The vote was unanimous. The vote was unanimous. 10. Tabled - Consider/Discuss/Act on recommendation regarding a formal request by John Arnold, as the representative for the Skorburg Company to waive the requirement that each subdivision have two fully paved access points connecting to the City's approved roadway system. This request pertains to the Palladium Anna Site. Mr. Schwanke gave a presentation. This item was tabled at the last P&Z meeting, September 14, 2015. The applicant has submitted a request for waiver of the two fully paved access points connecting to the City's approved roadway system. The request is being proposed as a hardship because of the existence of the Dart railroad limiting the access to the property. The applicant is willing to provide an alternate temporary access method for providing emergency access only. This access would be via an extension of Finley Blvd. to a future extension of Leonard Blvd. Attached is the formal request for the waiver. Mr. Schwanke noted of several conditions if approved. John Arnold, representative, gave a presentation and answered questions from the Commission. A motion was made by Commissioner Henke to approve the waiver request with the conditions of staff recommendations. Commissioner Setliff seconded the motion. The vote was unanimous. 11. Consider action to approve Minutes of the September 14t", 2015 Planning and Zoning Commission Meeting. A motion was made by Chairman Johnson, seconded by Commissioner Gonzalez to approve the Minute of the September 14, 2015 meeting. 12. Adjourn. There being no further business, a motion was made by Commissioner Callaham, seconded by Commissioner Colombo to adjourn meeting. The meeting adjourned at 8:42 p.m. Maurice Schwanke Director of Planning and Development ATTEST: PZ Agenda 10-05-15.doc Page 4 of 4 10-05-15 CITY OF AN NA, TEXAS AGENDA SUBJECT: Presentation of Quarterly Investment Report Item No. 6c City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following: • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the PFIA STAFF RECOMMENDATION: None, no action is required CITY OF AN NA, TEXAS QUARTERLY INVESTMENT REPORT For the Quarter Ended September 30, 2015 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the City of Anna is in compliance with the Public Funds Investment Act and the Inv e licy and Strategies. City Finance Di Disclaimer: These reports were compiled using information provided by the City. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields, and do not account for investment advisor fees. Annual Comparison of Portfolio Performance The Federal Open Market Committee (FOMC) maintained the Fed Funds target range between 0.00% and 0.25% (actual Fed Funds traded +/- 10 bps). Although the domestic employment and economic conditions reflect moderate growth, longer term uncertainty and international conditions influenced the FOMC to delay "lift-off." The US stock markets retrenched from their peaks, but seem to have stabilized. International military conflicts require ongoing concern. Financial institution deposits and laddering targeted cash flows still provide the best interest earnings opportunity. FYE Results by Investment Category: September 30, 2015 September 30, 2014 Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value Pools/Bank DDA 0.55% $ 15,036,089 $ 15,036,089 0.55% $ 14,896,376 $ 14,896,376 Texpool 0.09% 262,314 262,314 0.03% 301,055 301,055 Securities/CDs 0.90% 247,767 247,767 0.90% 245,000 245,000 Totals $ 15,546,169 $ 15,546,169 $ 15,442,431 $ 15,442,431 2015 2014 Change Total Portfolio (1) 0.55% 0.55% 0.00% Rolling Three Mo. Treas. Yield 0.03% 0.04% -0.01 % Rolling Six Mo. Treas. Yield 0.10% 0.07% 0.03% Quarterly TexPool Yield 0.06% 0.03% 0.03% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 1. Summary Quarter End Results by Investment Category: September 30, 2015 June 30, 2015 Asset Type Ave. Yield Book Value Market Value Book Value Market Value Bank DDA/MMA/NOW 0.55% $ 15,036,089 $ 15,036,089 $ 14,919,855 $ 14,919,855 TexPool 0.09% 262,314 262,314 262,265 262,265 Securities/CDs 0.90% 247,767 247,767 247,212 247,212 Totals $ 15,546,169 $ 15,546,169 $ 15,429,333 $ 15,429,333 Quarterly Average Yield (1) Total Portfolio 0.55% Rolling Three Mo. Treas. Yield 0.04% Rolling Six Mo. Treas. Yield 0.13% Quarterly Interest Income $ 21,146 Year-to-date Interest Income $ 87,421 Fiscal Year -to -Date Average Yield (2) Total Portfolio 0.55% Rolling Three Mo. Treas. Yield 0.03% Rolling Six Mo. Treas. Yield 0.09% Quarterly TexPool Yield 0.06% (1) Average Yield calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. (2) Fiscal Year -to -Date Average Yields calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisory fees. Valley View Consulting, L.L.C. Page 2. Economic Overview 9/30/2015 The Federal Open Market Committee (FOMC) maintained the Fed Funds target range between 0.00% and 0.25% (actual Fed Funds traded +/-10 bps). The FOMC met 9/16 & 17 and chose to delay "lift-off' citing global economic concerns for the first time. The September new payroll numbers were a disappointing +142k and included downward Aug and July revisions. The overall unemployment rate remained 5.1 %. US stock markets experienced volatility, but did stem the decline and advanced slightly. Chinese stock market and economic concerns continue. Continuing to ladder provides strategic advantage. Municipal bonds and financial institution deposits generally provide the best interest earnings opportunity, if available. Short to medium term US Government security yields fell on the non-FOMC action and, then again, on the September payroll weakness. 3.00 2.50 2.00 1.50 1.00 0.50 Yiela turves 0.00 ti September 30, 2014 ® • June 30, 2015 September 30, 2015 5.50 uireasuryttistoricalYields 5.00 4.50 4.00 3.50 3.00 2.50 2.00 -- avx_ 1.50 1.00 0.50 0.00 do P_s4 06 O� 04 0� l0 `� titi ti� 1�` l5 S�f ScQ ScQ ScQ SeQ SeQ SeC SeQ" ScC" ScC" ®Siz Montb T-Bill Two Year T-Note Yen Year T- of US Treasury Historical Yields 7.50 7.00 6.50 6.00 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 S&P 500 2,250 2,000 1,750 1,500 1,250 1,000 750 500 250 0 Cr �e fie° �z0 �a0 �eO ��0 ��0 �z0 �e� �0 ti %ti %� %N Valley View Consulting, L.L.C. Page 3. Detail of Holdings September 30, 2015 Description Coupon/ Ratings Discount Maturity Date Settlement Date Par Value Book Value Market Price Market Value Life (days) Yield Independent Bank 0.55% 10/01/15 09/30/15 $ 15,036,089 $ 15,036,089 1.000 $ 15,036,089 1 0.55% TexPool AAArn 0.09% 10/01/15 09/30/15 262,314 262,314 1.000 262,314 1 0.09% Texas Star Bank CD 0.90% 04/07/16 04/07/14 247,767 247,767 1.000 247,767 190 0.90% $ 15,546,169 $ 15,546,169 $ 15,546,169 4 0.55% (1) (2) (1) Weighted average life - For purposes of calculating weighted average life, pool and bank account investments are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for pool and bank account investments. Valley View Consulting, L.L.C. Page 4. Portfolio Composition Bank DOA/MMA/NOW $20,000,000 $18,000,000 $16,000,000 $14,OOD,OOD $12,000,000 $10,000,000 $8,0D0,000 $6,000,000 $4,000,000 $2,000,000 so Valley View Consulting, L.L.C. Total Portfolio 06\�°&°\°°�^�� 03\° ^°6\�° 09\°° ry\° ^° o\°°�o\�° 1\� ^\ry° o\O�^ o01 06\°°�4° o\�° h Page 5. Book Value Comparison Independent TexPool Texas Star Bank CD TOTAL June 30, 2015 Coupon/ Maturity Purchases/ Discount Date Par Value Book Value Adjustments 0.55% 10/01/15 $ 14,919,855 $ 14,919,855 $ 116,234 $ 0.09% 10/01/15 262,265 262,265 48 September 30, 2015 Sales/Adjust/ Maturities Par Value Book Value — $ 15,036,089 $ 15,036,089 262,314 262,314 0.90% 04/07/16 247,212 247,212 555 247,767 247,767 $ 15,429,333 $ 15,429,333 $ 116 837 $ — $ 15 546,169 $ 15 546,169 Market Value Comparison June 30, 2015 Coupon/ Maturity Description Discount Date Par Value Market Value Independent Bank 0.55% 10/01/15 $ 14,919,855 $ 14,919,855 TexPool 0.09% 10/01/15 262,265 262,265 Texas Star Bank CD 0.90% 04/07/16 247,212 247,212 TOTAL $ 16,429,333 $ 15,429,333 September 30, 2015 Qtr to Qtr Change Par Value Market Value $ 116,234 $ 15,036,089 $ 15,036,089 48 262,314 262,314 555 247,767 247,767 $ 116,837 $ 15,546,169 $ 15,546,16 Page 6. Valley View Consulting, L.L.C. Allocation Book & Market Value Total September 30, 2015 General Debt Service General Utilities General Fund - Fund - Capital Utilities Funds - )perating Restricted General Projects Operating Restricted EDC Inaepenaent banK $ 15,036,089 $ 1,309,911 $ 68,341 $ 10,684 $ 578,169 $ 4,098,160 $ 8,000,946 $ 502,290 TexPool 262,314 205,782 56,532 CDC 467,587 Texas Star Bank CD 247,767 123,884 123,884 Totals $ 15,546,169 $ 1,639,577 $ 68,341 $ 10,684 $ 578,169 $ 4,222,043 $ 8,057,478 $ 502,290 $ 467,587 Page 7. Valley View Consulting, L.L.C. Allocation June 30, 2015 General Debt Service General Utilities General Fund - Fund - Capital Utilities Funds - Book & Market Value Total Operating Restricted General Projects Operating Restricted EDC CDC Independent Bank $ 14,919,855 $ 1,343,073 $ 74,544 $ 154,565 $ 469,921 $ 3,414,487 $ 8,425,241 $ 5013060 $ 536,965 TexPool 262,265 205,744 563521 Texas Star Bank CD 247,212 123,606 123,606 Totals -$ 15,429,333 $ 1,672,424 $ 74,544 $ 154,565 $ 469,921 $ 3,5383094 $ 8,481,762 $ 501,060 $ 536,965 Page 8. Valley View Consulting, L.L.C. CD CD CD 0 LO O O O Or to n O N,n V+ Y� `O f C.� O e Y, n V , CO! n CO O N O 00 O O O O a6eluaaiad N cm co 0 W 5 n W U n, d) 0) IL r CITY CF AN NA, TEXAS AGENDA SUBJECT: Approve the "Morris" development plat. Item No. 6d City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes SUMMARY: The Morris development plat is located within Anna's extraterritorial jurisdiction at 12982 County Road 477. The tract is in the James Fisher Survey, Abstract No. 305 and contains approximate 3.72 acres of land. The owner is proposing to build a garage on the tract. The submittal meets the City of Anna development requirements. The Planning and Zoning Commission recommended approval of the development plat at their meeting, November 2nd, 2015. The vote was unanimous. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. (Development Plat of the Morris Addition) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT PLAT OF THE MORRIS ADDITION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Doyle Ray and Gina Sue Morris have submitted an application for approval of a development plat of the Morris Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat The City Council hereby approves a development plat of the Morris Addition, attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, of November, 2015. ATTEST: 1 Carrie Smith, City Secretary /_1»:Z01N1:11071 Texas, on this 10t", day Mayor, Mike Crist ROAD 479 FM 2862 ROAp 42J y2 FM 2$ _iSITE VICINITY MAP C. = l000' o d NOLUNE 'He6 PAGE 2925 J 0 CLERK'S FILE NO, 94-0022989 1.0' TH 1/2-INCH N----- EON=1N SET ---- ��� JA 30 SyA 198.86' 3.72 ACRES RDAD 0' RIGHT- F-WAY RESERVATION �N 88°42'04' W 94.64' S 83�36'S9�W 1�4�32' SET /z-INcH- ON v PLACE17F M CONTROL OLL D 2OI4030 002E NO. 7o a2zo / CIERE'S FILE N0 01W3. EXISTING -' 20J0002I4220 MRNUFACTURED HONE , I/2-IPCH IRON PIN IN PLALELONTROLLING AMONURENT OEBCRIPlIGN A>3 AGFEB �� > �ATBommreecaumr, Tma.,mwaree Fawwlw.a.o.a ]POSED / ro. roe.myapmame 6,.+a rn'Fllw TnrY eMe paatlr x32' GPRAGE� . ml4'BnmpTraa"6wrlpm ma a.aaW PnOe G. .-c MWmAbHwry G.IAn, mclbtlb Wurrw4aa.pgsaaam. Gann GOmb Onatl iemb,a Oa.cAb.tlMmnlw Wpounb�bbm' =�2E 63 S4.Q \ 2-I IRDN PIN FOUND , a.raRaea nryrennwim Irenk T�Nce Nwm ozve'sz• vnu, um ..m Run 9n, am.n ma b. am reo u THENGEdo•FrL RnnaO10e,ulw+Imlpnaaso.oM M pl. iaA46am+meSNMuan TNENGE BOW 69°SI'4Y Etl.,,.11 lwlme YMMban gnslp Yw . o>—aaa aamumb,a T w.nram relu llrea.m nam.a.n.a®umm � YNmeeW fia•aa4e•wreLaofiampma,rz4renmm gnaw lnpo a. eoe re,ml.0 -INCH IRON PIN SET BpM51.+paT WaR m+.lSlwlm.+2lMLan pnsllnpo IN PLACE OF A GOd NAIL FOUND aefipp y„pmy enua+ia•ssafi• wa, fifi.m,a m e ,rz4rcA wn qn a In gore J3°38.35' W 55.26' as 90E re, bInG Eaumaa',Mi9•IM11et 1i4.92M1Mma 1(FmM Dan pnM In qo INCH IRONPIN SET A aefiOG reYloum. PCE OF 60d NAIL FOUND NpMBB'6296•Weat p,niro e'hlnmirn pnaHfid.adM mm mpnupp Ina, 06.84 ma m amparoa.rz.a®. me PIAGE OF BEtENNINO aim LID DMopnwagpm,we opoemm,,fi PgYMM Rokblu�l IrW 8urvgvr. Na Hti „a w. ulm..ayonyus. xnmraam� Edaarey, iusmofiD eraauswa A.mblro m FQM m.Pre. 4aofiscaew, au.e .�almmNamm.,pD„aannAgpn. Samoa um me a.rnre s�nte. L- = s6' waamero ma.ml.nm: �-•-.Ip.e llre e.cwnem reom.Ia uema+anal emam anmwuam az+aal maeee an.amum FIRM: BRUCE G SURVEYOR FIRM REGISTRATION g Iot sO]-Oa m+409D10002+42aT; xemnpree xune,rz-xai lmn qnr; Tlmefim apmW OWNER: DOYLE RAY AND GINA SUE MORRIS ANNA, iE%A5.4]5409 SURVEYOR: BRUCE STEP, R.P.LS. NO. 4117 1101 W. UNNERSIIY DRIVE MCKINNEY. TEXAS 75069 ONE 972-562-3959 FAX 972-542-5751 DEVELOPMENT PLAT MORRIS ADDITION CITY OF ANNA 3.72 ACRES OR LAND LOCATED Ili THE BABES FISHER SURVEY, ABSTRACT NO. 305 COLLIN COUNTY, TEXAS 2862 0 r CITY OF AN NA, TEXAS AGENDA SUBJECT: Approve "Camden Parc PH 3"preliminary plat. Item No. 6e City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes SUMMARY: The Camden Parc Phase 3 preliminary plat contains 23.35 acres located in the J.C. Brantley Survey, Abstract No. 114 at the southeast corner of CR 76 and CR 427. Within this project 79 residential lots are proposed. The plat layout is in conformance with the existing zoning. The plat has been reviewed by city staff and consulting engineer. The staff is recommending that the approval of this preliminary plat be subject to final construction plans approval addressing all planning and engineering concerns. The Planning and Zoning Commission recommended approval of the preliminary plat subject to the staff's recommendations at their meeting, November 2nd, 2015. The vote was LRI11 lIII lul[SIR N STAFF RECOMMENDATION: Staff recommends approval of the attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. (Preliminary Plat of Camden Parc, Phase 3) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF CAMDEN PARC, PHASE 3. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, REATA Brokerage Service, LLC has submitted an application for approval of a preliminary plat of the Camden Parc Phase 3 Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Plat The City Council hereby approves the preliminary plat of Camden Parc Phase 3 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, of November, 2015. ATTEST: 1 Carrie Smith, City Secretary /_1»:Z01N1:11071 Texas, on this 10t", day Mayor, Mike Crist . . . . . . . . . . . - - - - - - - - — - 44 9zb Q) zw< 0 < Z N 1, a 3 . 6 ;, po�JomQo� w Ho Pq ,LA n, wh W-g 2S aq 'N �6�! W % g M Ma hi 4�-2 M.ft -88 X. 4* lk, 996 z \2 7 42 376 CITY OF ANNA, TEXAS Item No. 6f City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Chief Jenks Exhibits: Contract amendments AGENDA SUBJECT: Approve Resolutions amending/extending the agreements with Collin County for Animal Control and Animal Sheltering Services for FY 2016 SUMMARY: The City's Animal Control and Sheltering Services occur through agreements with Collin County. It is currently the most cost effective means of providing Animal Services. The FY 2016 costs being levied by Collin County for Animal Control services is $32,236.00 (a decrease of $446) and for Animal Sheltering services is $16,630.00 (a decrease of $6,924). Overall, the City will see a $7,370.00 decrease in fees for both services. This resolution allows the agreements to be amended to extend the Animal Control and Animal Sheltering agreements through September 30, 2016. STAFF RECOMMENDATION: Approve the Resolution amending/extending the Animal Services/Shelter agreements with Collin County. CITY OF ANNA, TEXAS RESOLUTION NO. (Animal Control Services) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the agreement with Collin County for providing Animal Control Services to the citizens of Anna is worthy of continuation; and _ WHEREAS, the City Council approves Collin County's amendment to the current Animal Control Services agreement, to include the following fee: "The total amount for fiscal year 2016: $32,236.00 Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Agreement The City Council hereby approves the extension attached hereto as Exhibit 1 to extend the agreement with Collin County for Animal Control Services, ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the animal control agreement with Collin County. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th day of November, 2015. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor COL u'" eouwrr Contract Amendment Eight (8) P, Office of the Purchasing Agent Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor: City of Anna Effective Date 10/1/2015 PO Box 776 Contract No. 10094-09 Anna, TX 75409 Contract Interlocal Agreement for Animal Control Services Awarded by Court Order No.: 2007-896-10-09 Contract Amendment No.: 1 Court Order No. 2008-880-10-14 Contract Amendment No.: 2 Court Order No. 2009-700-09-14 Contract Amendment No.: 3 Court Order No. 2011-003-01-03 Contract Amendment No.: 4 Court Order No. 2011-801-10-10 Contract Amendment No.: 5 Court Order No. 2013-067-01-28 Contract Amendment No.: 6 Court Order No. 2014-082--2-10 Contract Amendment No.: 7 Court Order No. 2014-986-12-15 Contract Amendment No.: 8 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents. Agreement shall be in effect from October 1, 2015, continuing through and including September 30, 2016. Total amount for fiscal year 2016: $32,236.00 Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: CITY OF ANNA PO Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPB, CPPO Purchasing Agent DATE: CITY OF ANNA, TEXAS RESOLUTION NO. (ILA Animal Sheltering Services) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL SHELTERING SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the agreement with Collin County for providing Animal Sheltering Services to the citizens of Anna is worthy of continuation; and _ WHEREAS, the City Council approves Collin County's amendment to the current Animal Sheltering Services agreement, to include the following fee: "The total amount for fiscal year 2015: $16,630.00 Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Agreement The City Council hereby approves the extension attached hereto as Exhibit 1 to extend the agreement with Collin County for Animal Shelter Services, ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the animal control agreement with Collin County. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th day of November, 2015. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Office of the Purchasing Agent Collin County Administration Building CO" COUUNTY " Contract Amendment Nine (9) 2300 Bloomdale Rd, Ste 3160 . McKinney, TX 75071 972-548-4165 Vendor: City of Anna P.O. Box 776 Anna, TX 75409 Effective Date Contract No. Contract 10/1/2015 10097-09 Interlocal Agreement for the Facility Construction and Use of an Animal Shelter Awarded by Court Order No.: 2006-891-09-26 Contract Amendment No.: 1 Court Order No. 2007-1008-11-13 Contract Amendment No.: 2 Court Order No. 2008-883-10-14 Contract Amendment No.: 3 Court Order No. 2009-703-09-14 Contract Amendment No.: 4 Court Order No. 2011-004-01-03 Contract Amendment No.: 5 Court Order No. 2011-803-10-10 Contract Amendment No.: 6 Court Order No. 2013-068-01-28 Contract Amendment No.: 7 Court Order No. 2014-083-02-10 Contract Amendment No.: 8 Court Order No. 2014-988-12-15 Contract Amendment No.: 9 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT Agreement shall be in effect from October 1, 2015, continuing through and including September 30, 2016 at the below rate: Total amount for fiscal year 2016: $16,630.00 Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: CITY OF ANNA P.O. Box 776 Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: November 10,2015 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). Our financial advisers, First Southwest will be in attendance to present information on the proposed TIRZ. The TIRZ plan is being reviewed by staff and will be presented to the council for approval at the regularly scheduled December 8, 2015 City Council meeting. The public hearing will need to be held open and resumed at that meeting. STAFF RECOMMENDATION: None CITY OF ANNA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution Approving Interlocal Agreements with the cities of Van Alstyne and Howe regarding purchase of water. SUMMARY: As a member of the Collin Grayson Municipal Alliance (Cities of Anna, Melissa, Van Alstyne, and Howe), each city has a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for 59,312,500 gallons of ground water annually. For the water year ended July 31st, 2015 both Melissa and Anna exceed their MT/P amounts. The City of Anna exceeded our MT/P by 6,695,500 gallons. The cities of Van Alstyne and Howe did not exceed their MT/P amount and have excess capacity. In order to avoid an increase in our MT/P for the 2016 water year, the CGMA consultant has recommended that the City of Anna purchase the excess capacity from Van Alstyne and Howe for the 2015 water year. The City of Anna has sold excess capacity in previous water years; however, the growth of the City necessitated taking additional water this past year. The cities of Van Alstyne and Howe are willing to sell a portion of their capacity to the City of Anna. Details of the methodology to determine the rate and the gallons are in the attached memo presented to CGMA last month. If approved, the attached ILA's will authorize the purchase of 3,347,750 gallons each from Van Alstyne and Howe for a total cost of $8,938.50. An agreement to purchase excess water from Van Alstyne and Howe for the 2015 water year will not have any effect upon the 2016 water year or upon Anna's MT/P volume or obligations. STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to execute the attached ILA with the City of Melissa. DONALD E. PASCHAL, J R. 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers Subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City Date: October 5, 2015 Both Melissa and Anna used water in excess of their required GTUA-CGMA minimum take or pay (MT/P) through the North Texas Municipal Water District (NTMWD) agreement for the water year ended July 31, 2015. Based on the precedent initiated in 2010 and continued through 2013, a member City may acquire a portion of the MT/P from other CGMA member Cities at an agreed price. If there were no other source of water, the price would be the standard CGMA-GTUA price based on the MT/P. In the case of Melissa Anna, however, they could intentionally curtail consumption from their previously existing supply meter with NTMWD (original NTMWD meter) at a lesser cost per 1000 gallons and shift consumption to the GTUA-CGMA meter to use some of the other cities Minimum Take or Pay (MT-P); that cost has been the average price between that which they would have paid if taken from the original NTMWD meter and the GTUA-NTMWD rate. This action has allowed other CGMA Cities an opportunity to recoup a portion of the MT/P water cost paid during the water year. With Anna also exceeding their MT-P, Anna should be afforded the opportunity to purchase the extra water taken (over their MT/P) thus allowing the other CGMA cities further opportunity to recoup some of their Mt- P water cost. The details of the proposed transaction are provided below; the explanation and process are intended to be as simple as possible. The basic concept is that the other three CGMA Cities (Anna, Van Alstyne, and Howe) sell a portion of their MT/P to Melisa at the price / cost of that water as detailed below; this summary is an update of the same document from last year. Background: • Minimum Take or Pay / City - CGMA City MT/P: The base MT/P water purchase (minimum contract provision that the GTUA-CGMA system has with NTMWD for water) is a total of 237,250,000 gallons of water annually (MT/P amount) which represents 237,250 one -thousand gallon increments (K gals). Each CGMA City is responsible for 59,312.5 K gals plus pumping and related cost). Once all four CGMA Cities reach the MT/P, excess water is charged to that respective City at the cost then in effect for volumes (plus proportionate pumping and related costs) over the 59,312,500 gallons. The District excess water rate would allow the cities to acquire water at an attractive rate if the MT-P were exceeded for each successive year. 2014-2015 water year take - For the recently ended water year, only Melissa and Anna have taken their respective full MT-P water. For the water year ended July 31, 2015, Melissa and Anna took water in 10 of the 12 months and with growth are expected to take water year round during the 2015 water year (August 1, 2015 through July 31, 2016. Additionally, it is possible that Van Alstyne may begin taking in the summer of 2016, although it is more likely VA will take water in the succeeding water year (2017). No firm date has yet been set for Howe to take water. During the 2 2015 water year ground water supplies continued to provide a significant portion of the water used by Anna and all of the water used by Van Alstyne and Howe Break out of Maintenance Water - In an effort to balance the impact of user flushing or maintenance water which increased in the past year as compared to prior year lesser minor water use for overall system maintenance, the two user cities (Melissa and Anna) are being assessed half of the use related flushing which totaled about 20,909 gallons with all four cities sharing equally a more normal maintenance water usage. Thus, all four cities share the more normal maintenance water use resulting in the the non -using cities are being charged about 6,970 gallons or 3,485 gallons each which is similar to prior years . The proration was based on half of the flushing water being charged to the four cities equally and the other half being charged to Anna and Melissa on the ratio of their consumption to the second half. Melissa background of separate NTMWD take point - Melissa actually takes / receives water from two points of delivery: one being the original Melissa connection with McKinney to receive water from NTMWD which dates back over 25 years and the second being the GTUA — CGMA transmission system. Each of these connections is separately metered; the original meter has a MT/P like the GTUA system. Melissa actual use from the GTUA — CGMA meter was 83,834,000 gallons or 83,834 K gallons which was 24,521,700 gallons over their MT/P. Stated in water billing terms (1000 gallon increments), this represents 24,521.7 K gallons (1000 gallons). Buy -Sell rate calculation - The prior year's practice of rate determination for the extra water has been based on Melissa purchasing the water in excess of the CGMA MT/P from other CGMA Cities at a blended rate. That blended rate is based on the fact that Melissa could have purchased more excess water from their original meter at $0.56 / K gals (the 2015 excess water rate); the standard rate for the recently ended water year (2015) was $2.11 / K gals (same base water rate as GTUA — CGMA contract rate, which was the NTMWD customer rate without the McKinney pass through charges). Historical calculation rationale - As in 2014, Melissa could have saved some costs by maximizing the consumption from the original line since that consumption would have been at the excess water rate which would represent savings in water purchase costs by paying the excess water rate applicable to the original meter. However, such action would have resulted in a very large increase in the MT/P for the original meter, Melissa followed the practice of moderation for that meter which was more prudent in the long term, thus opening the opportunity for the other three CGMA Cities to sell a portion of their MT/P from the GTUA-CGMA meter to Melissa. Thus, this has allowed Melissa to keep a lower MT/P on the original meter for future years while helping to use a portion of the other CGMA Cities MT/P and reimbursing the other three CGMA Cities a small portion of their MT/P. • Continuation of Historical Calculation Methodology - It is proposed that the same rate methodology be applied to water purchases by both Melissa and Anna at the historical practice for Melissa. • Cost Calculations for 2014-15 water year - The cost calculations for the above described MT/P transaction that was agreed to in 2015 by the CGMA Member Cities was $1.335 / MGD, which was determined by averaging the MT/P water cost with the NTMWD customer city rate. This rate was an average of the normal CGMA Member City rate and the NTMWD Customer City Excess Water Rate for 2015 as illustrated below: 3 2015 data Entities CGMA MT/P water / 1000 GPD Melissa Excess Water Average rates $2.11 $0.56 $01.335 In 2014, Anna took a small amount of water and in years prior to 2014, none of the CGMA cities other than Melissa took any water; thus, the amount of excess water over the MT-P that Melissa used was shared equally between the three non -taking Cities. In 2015, the principles of the methodology are extended with both Melissa and Anna taking more water that their respective MT-P. 2015 Water Compared to MT-P - Continuing with the methodology, except with two Cities exceeding the MT-P, it is suggested that the methodology be amended / adjusted to provide a proration of the unused water to be sold by non-MT-P Cities to Cities exceeding their MT- P. Additionally, this practice actually encourages a City with other options to use a portion of the CGMA Cities MT/P by allowing that City to preserve other sources of water or to keep the other MT/P lower, at least up to the time that all the CGMA Cities are using their MT/P. Calculation of the proportionate share of unused MT-P to be sold is as follows: Proportionate Share of unused MT-P available to be sold to Excess use City: MT-P Melissa Anna Van Alstyne Howe MT-P water 59,312.5 59,312.5 59,312.5 59,312.5 Used 83,834 66,008 3,484.9 3,484.9 Unused 55,827.6 55,827.6 Excess water to be purchased by excess Mt-P City 24,521.7 6,695.5 NA NA Portion of Melissa & Anna overage to be offered for sale to Melissa (excess water was 31,217.3 K gal NA NA 15,608.6 15,608.6 Applying this revised (prorated) concept to the 2014 water year results in the following calculation: 2015 Proposed Purchase / Sell rate (same as noted above) Entities CGMA MT/P water / 1000 GPD Melissa Excess Water Average rates $2.11 $0.56 $1.335 2015 Proposed MT-P Sale Amount (total $41,675.02) Item Van Alst ne Howe K gallons offered for sale / purchase 15,608.6 15,608.6 Total amount of sale by / purchase from $20837.51 $20837.51 0 2015 Proposed MT-P Purchase Amount (total $41,675.02) Item From Van Alstyne From Howe K gallons offered for sale / purchase - Total 15,608.6 15,608.6 Melissa: Purchase K Gallons 12,260.85 12,260.85 Purchase $ amount $ 16368.26 $ 16368.26 Anna: Purchase K Gallons 3,347.75 3,347.75 Purchase $ amount $ 4,469.25 $ 4,469.25 Implementation of Sale / Purchase: • Buying City Actions - Melissa and Anna may purchase from each of the other two CGMA Cities (Van Alstyne, and Howe) the above calculated pro -rated portion of the Melissa and Anna CGMA water volume taken over the Melissa and Anna respective MT/P which was a total overage of 31,217.3 K gallons. That volume applied to the calculated ratio results in Van Alstyne and Howe each selling 15,608.6 K gallons of minimum take or pay to Melissa and Anna. Selling City Actions - Van Alstyne, and Howe may agree to sell the above noted total of 31,217.3 gallons (15,608.6 K gallons each) of MT-P water to Melissa and Anna at the agreed rate of $1.335 / K gallons; the ratio of excess water used by Anna and Melissa is applied to the formula to arrive at the amount each will buy from Van Alstyne and Howe at the blended rate of $1.335 / K gallons with the total amount shown in the above table. Under this scenario, Melissa would pay a total of $32,736.52 and Anna would pay a total of $8,938.50 broken down by City as indicated above. It is noted that the amounts are significantly more than in 2014. With continued growth, consumption is expected to escalate in the 2016 water year and will likely exceed the 2015 water year significantly. Process / Steps: 1. GTUA has verified the volumes from NTMWD billings; the above is believed to be the final calculations of water purchased by meter. 2. Each of the two selling Cities will adopt a Resolution authorizing an inter -local agreement to sell the above noted MT/P to Melissa and Anna at the agreed rate. 3. Melissa and Anna will adopt a Resolution authorizing an inter -local agreement to purchase the above noted MT/P from the two respective Cities at the agreed rate. 4. An inter -local agreement will be attached to each of the Resolutions noted in items 2 & 3 detailing the provisions of the sale / purchase between the selling CGMA Cities (Van Alstyne and Howe) and the purchasing Cities (Melissa and Anna). 5. Following approval of Resolutions and execution of the inter -local agreements, Melissa and Anna will be able to pay the respective city for the agreed purchase. This can be completed by late 2015 or early 2016 as the respective cities complete authorization of the stipulated Resolutions and Inter -local Agreements. . 6. Consultant will be pleased to draft the respective Resolutions based on the same or similar Resolutions adopted in 2014. 7. It is suggested that this document be attached as a reference document to the inter -local agreement to help clarify the concept and to serve as a future reference. CITY OF ANNA, TEXAS RESOLUTION NO. (ILA's Water Purchase) A RESOLUTION RELATED TO TWO INTERLOCAL AGREEMENT; 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 WITF THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF ANNA IN EXCHANGE FOR AN AGREED PAYMENT FROM ANNA ANG AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENTS 01 WHEREAS, the Cities of MELISSA, ANNA, VAN ALSTYNE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the Cities VAN ALSTYNE and HOWE have chosen to not accept delivery of some or all of the required water through the end of the 2015 water year (ended July 31, 2015) and each of said Cities desire to transfer a portion of its respective and obligated minimum take or pay for said 2015 water year to the City of Anna for consideration detailed in an interlocal agreement; and WHEREAS, the City of Anna desires to purchase a portion of the minimum take or pay from the Cities of VAN ALSTYNE and HOWE for the water year ended July 31, 2015 as explained in a memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated October 5, 2015 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Interlocal agreements for each specified City as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between the CGMA-GTUA Purchasing Cities of Melissa and Anna and the CGMA-GTUA Selling Cities of Van Alstyne and Howe. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of ANNA that: SECTION 1: The City Council of the City of ANNA authorizes the City Manager to execute interlocal agreements with the Cities of Van Alstyne and Howe under the terms detailed in said interlocal agreements, each of which provides for the following: A. Receiving the transfer a portion of said selling City's GTUA required minimum take or pay to Anna as provided for in the respective Interlocal Agreement. B. Paying the invoice submitted by the respective selling City for the agreed portion of the 2015 water year minimum take or pay specified in the interlocal agreement as provided for in said interlocal agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of seconded by , the above resolution was approved by the City Council of the City of Anna at its meeting held this 10th day of November, 2015, by the following vote: %st �A AYE NAY ABSTAIN City Secretary Carrie L RESOLUTION NO. _ (ILA's Water Purchase) Smith, City of Anna Mayor Mike Crist, City of ANNA 2 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF VAN ALSTYNE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITY OF ANNA AND CITY OF VAN ALSTYNE POTABLE WATER SUPP CONTRACT THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF VAN ALSTYNE, TEXAS, a Texas General Law City hereinafter referred to as "Van Alstyne", collectively referred to herein as the "Cities", as follows: WITNESSETH- WHEREAS, both Anna and Van Alstyne are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Van Alstyne to enter into interlocal agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2014-2015 ended July 31, 2015 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHEREAS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detail in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page I WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa and Anna are willing to purchase a portion of the unused minimum MT-P as defined in this Agreement and detailed in "Exhibit A" thus allowing Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted circumstances are further detailed in the October 5, 2015 reference and labeled "Exhibit A". agreements, volumes, memorandum attached r—I Z NOW, THEREFORE, Anna and Van Alstyne, for and in consideration of the forth above and terms and conditions below, agree as follows: I. TERM This Agreement shall apply to the NTMWD water year ended July 31, 2015 and shall be executed and consummated in full between October 15, 2015 and December 31, 2015 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. AGREEMENT The Cities agree that Van Alstyne shall transfer 3,347,750 gallons (3,347.75 one thousand gallon increments) of MT-P water to Anna for the water year ended July 31, 2015 and Anna shall remit to Van Alstyne a payment for said transfer of MT-P at the rate of $1.335 per thousand gallons totaling in the sum of $ 4,469.25 as payment in full for said portion of Van Alstyne's MT-P. Following execution of this Agreement, Van Alstyne shall submit to Anna an invoice for the transfer of the described MT-P for the above stated sum and Anna shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2015, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this Agreement, it being the intent however to complete said transaction by the stipulated date. III. RESPONSIBILITIES OF THE PARTIES 1.. The respective City Councils of Anna and Van Alstyne shall each approve this Agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. Van Alstyne, following approval of this Agreement by the Parties hereto shall submit to Anna an invoice for the referenced gallons of MT-P water detailed above in Section II and in the stipulated amount. 3. Anna shall remit to Van Alstyne the above stated payment for the transferred MT-P within fifteen (15) working days of the receipt of referenced invoice. MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 2 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this Agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). 4k IV. • TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date her and continue in full force and effect until termination in accordance with its provisions. Anna and Van Alstyne herein recognize that the continuation of any contract after the termination of this Agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this Agreement, or should either City fail to execute this Agreement, there shall be no further commitment hereunder. t RELEASE AND HOLD HA SS Anna and Van Alstyne, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Van Alstyne agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. Nft.OA'UTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held 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 the Agreement. MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 3 X. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. 4& XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this be in dispute, the Cities agree that the Agreement shall not be construed more fa either City. XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. 1 MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. CITY OF ANNA, TEXAS Philip Sanders City Manager MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 2015, by of the City of Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the day of , 2015, by , , of the City of Van Alstyne, Texas, a Texas General Law City, on behalf of said municipality. i 'i Notary Public, State of Texas MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 6 Exhibit A Attach copy of October 5, 2015 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to MT-P Transfer Agreement for 2015 water year — Anna / Van Alstyne - Page 7 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND THE CITY OF HOWE, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITY OF ANNA AND CITY OF HOWE POTABLE WATER SUPPLY CONTUdM THIS INTERLOCAL AGREEMENT (this "Agreement") is made and entered by and between the CITY OF ANNA, TEXAS, a Texas Home -Rule Municipal Corporation, hereinafter referred to as "Anna", and CITY OF HOWE, TEXAS, a Texas General Law City hereinafter, referred to as "Howe", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Anna and Howe are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Anna and Howe to enter into interlocal agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority, hereinafter referred to as "GTUA" for the planning, construction, funding, and operations of a surface water supply system to serve the collective Contract Cities of Melissa, Anna, Van Alstyne, and Howe, which agreement specifies the obligations of each participant; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2014-2015 ended July 31, 2015 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the Cities of Melissa and Anna received delivery of water which equaled or exceeded the individual City required MT-P; and WHE AS, the Contract Cities of Melissa, Anna, Van Alstyne, and Howe have a multi- year precedent of the referenced Minimum Take or Pay Buy -Sell concept as referenced herein and as is further referenced and detail in "Exhibit A" attached hereto for reference in establishing the buy -sell rate; and WHEREAS, the Cities Van Alstyne and Howe are desirous of selling to Melissa and Anna a portion of their unused MT-P and Melissa and Anna are willing to purchase a portion of the unused minimum MT-P as defined in this Agreement and detailed in "Exhibit A" thus MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 1 allowing Van Alstyne and Howe to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted circumstances are further detailed in the October 5, 2015 reference and labeled "Exhibit A". agreements, volumes, rates, and memore NOW, THEREFORE, Anna and Howe, for and in consideral above and terms and conditions below, agree as follows: I. TERM El This Agreement shall apply to the NTMWD water year ended July 31, 2015 and shall be executed and consummated in full between October 15, 2015 and December 31, 2015 and shall not apply to subsequent water volumes or water years unless said Cities so authorize by subsequent agreement. 11. AGREEMENT The Cities agree that Howe shall transfer 3,347,750 gallons (3,347.75 one thousand gallon increments) of MT-P water to Anna for the water year ended July 31, 2015 and Anna shall remit to Howe a payment for said transfer of MT-P at the rate of $1.335 per thousand gallons totaling the sum of $ 4,469.25 as payment in full for said portion of Howe's MT-P. Following execution of this agreement, Howe shall submit to Anna an invoice for the transfer of the described MT-P for the above stated sum and Anna shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2015, although it is specifically provided that completion of said invoicing and payment after said date shall not invalidate any portion of this Agreement, it being the intent however to complete said transaction by the stipulated date. III. RE SIBILITIES OF THE PARTIES 1. The respective City Councils of Anna and Howe shall each approve this Agreement authorizing the sale / purchase of MT-P as described herein and further detailed in the attached Exhibit A. 2. Howe, following approval of this Agreement by the parties hereto shall submit to Anna an invoice for the referenced gallons of MT-P water detailed above in Section II and in the Nlated amount. Anna shall remit to Howe the above stated payment for the transferred MT-P within e nn (15) working days of the receipt of referenced invoice. 4. Any party hereto wishing to verify the metered quantities of water or the portion of the minimum take or pay to which this Agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 2 referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). IV. vp-1 TERMINATION C. The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Anna and Howe herein recognize that the continuation of any contract after the termination of this Agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this Agreement, or should either City fail to execute this Agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Anna and Howe, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Anna and Howe agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. '"14 VI. UT TY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. IX. SEVERABILITY AV 11 The p sions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held 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 the Agreement. X. VENUE MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 3 This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. XI. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either City. XII. , REMEDIES � No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XIII. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. CITY OF ANNA, TEXAS Philip Sanders City Manager MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 2015, by of the City of Home -Rule Municipal Corporation, on behalf of said municipality. Notary Public, State of Texas 41V. 4ftoo STATE OF TEXAS § COUNTY OF GRAYSON § This instrument was acknowledged before me on the day of , 2015, by , , of the City of Howe, Texas, a Texas General Law City, on behalf of said municipality. Notary Public, State of Texas MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 6 Exhibit A Attach copy of October 5, 2015 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to MT-P Transfer Agreement for 2015 water year — Anna / Howe - Page 7 r CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on an Ordinance abandoning a portion of the prescriptive right- of-way for CR 422. SUMMARY: This proposed ordinance abandons a portion old County Road 422 that has been replaced by Finley Blvd and Sharp Street as part of the Anna Town Square Development. The prescriptive right-of-way is no longer needed by the City. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. 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 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. WHEREAS, the City of Anna, Texas, ("City") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Anna City Council ("City Council") recognizes the need to vacate and abandon a portion of right-of-way as more fully described and depicted in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference (said portion being hereinafter referenced as the "Right of Way"); and WHEREAS, the City Council, after careful study and consideration, has determined that the Right of Way is no longer required for use by the general public, nor convenient to the public in general and, therefore, constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in association with the City's abandonment of the Right of Way, the City desires to execute a quitclaim deed releasing all of the City's right, title and interest in a certain portion of the Right of Way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The above recitals are hereby found and determined to be true and correct and are incorporated in this section by reference. Section 2. The Right of Way, as further described in the attached in Exhibit "A" and Exhibit "B," said Right of Way being heretofore held by the City of Anna, Texas in the public's trust is hereby vacated and abandoned. Section 3. The Mayor of the City is hereby authorized and empowered to execute, on behalf of the City, a quitclaim deed releasing to an abutting property owner all of the City's right, title and interest of a certain portion the Right of Way, said portion being CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 2 further described in a Quitclaim Deed, the form of which is attached hereto as Exhibit «C .11 Section 4. It is hereby declared to be the intention of the City Council that the phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this Ordinance are severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, 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 phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Section 5. This Ordinance shall be in full force and effect from and after its passage by the City Council, and approval by the Mayor, and it is so ordained. � PASSED AND APPROVED by the City Council of the City of Anna, Texas this day of , 2015. /_11a121011112191 City Secretary, Carrie Smith APPROVED: '% Mayor, Mike Crist CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 2 Prescriptive Right -of -Way Abandonment 6,517 Square Feet or 0.150 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2014 Exhibit A SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey, Abstract No. 798, and being part of County Road 422 (Prescriptive Right —of —Way) with said premises being more particularly described as follows: COMMENCING at a %—inch iron rod found marking the southwest corner of a called 19.211 acre tract as recorded under Document No. 20060419000521020 of the Collin County Land Records and the southeast corner of Cunningham's 19.211 acre tract as recorded in Volume 4802, Page 3431 of the Collin County Land Records; THENCE with the west line of said 19.211 acre tract and the east line of Cunningham's 19.211 acre tract, North 10'31'22" East, 1,495.77 feet to a %—inch iron rod found in the south line of County Road 422 (Prescriptive Right —of —Way) marking the northwest corner of said 19.211 acre tract and the northeast corner of Cunningham's 19.211 acre tract; THENCE with the south line of County Road 422 and the north line of said 19.211 acre tract, South 88'37'16" East, 75.70 feet to a Glas capped iron rod set in the curving south right—of—way line of proposed Taylor Drive (80' Right —of —Way) marking the POINT OF BEGINNING for the herein described premises, and the beginning of a curve to the left; THENCE with the curving south right—of—way line of said Taylor Drive and the west line of said premises, northeasterly along said curve through a central angle of 5'14'49" for an arc distance of 82.42 feet and having a radius of 900.00 feet (chord = North 76'41'01" East, 82.39 feet) to a Glas capped iron rod set in the approximate center of County Road 422 marking the end of said curve and the northwest corner of said premises; THENCE with the approximate center of County Road 422 and the north line of said premises, South 88'28'37" East, 279.03 feet to a Glas capped iron rod set marking the northeast corner of said premises; THENCE with the east line of said premises, South 00'52'44" West, 20.20 feet to a Glas capped iron rod set marking the northeast corner of the aforementioned 19.211 acre tract; THENCE with the north line of said 19.211 acre tract and the south line of said premises, North 88'37'16" West, 358.90 feet to the point of beginning and containing 6,517 square feet or 0.150 acre of land. 2014 Glas Land Surveyln 2114 FM 156J, Wolfe City, Texas 75496 Office: (90J) 496-2084 www._qlGsIGndsurveyin_q.com TBPLS Firm No. 1019J970 M1 6081 P Prescriptive Riaht-of- Wav Abandonment 6,517 Square Feet or 0.150 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2014 Anna Town Center No. 4�SHRP, Ltd Exhibit B Called 729.92 Acres (Tract 1) Vol 56.31, Pg. 2600, MR Lone Star Cas Easement (No Width Specified) �e col. 280, Pg. 242, CCLR ,lol. 280, Pg. 246, CCLR �/ Location based on Cos Markers as located in the field) o� Proposed Taylor Drive d gas mkr. 1 Q c� / oN � oN N a� U oM o � 1 /2"I RF L1 well OV rock/asphalt �1 i corral off I �� barn T,E Scale: 1 "=100' ,A � County Road 422 (Rock Road) ATTCSB barbe —wire fnc. OH OH OH a. L2 ° a L4 L3 *gay barbed—wire fnc. 6,517 Sq.Ft. or 0.150 Acre Port of County Rood 422 (Prescriptive Right —of —Way Tommy & Genoveva Cunningham Called 19.211 Acres Doc.# 20060419000521020, CCLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. LINE BEARING DISTANCE L1 S88'37'10E 75.70' L2 S88°28'37"E 279.03' L3 S00'52'44"W 20.20' L4 N88'37' 16"W 358.90' Glas Land Suryeyln 2114 FM 1563, Wolfe City, Texas 75496 Office: (903) 496-2084 www._qlGsIGndsurveyin_q.com TBPLS Firm No. 10193970 C1 R=900.00' L=82.42' Tan=41.24' A-5 ° 14 49" Chord=N76°41'O1 "E Chord Length=82.39' 2014 �AC00085. dwg PEE OF fTE, S T ,p •. ....... .... ...... HN GLAS '•.,� 6081 P ' lgNO f UR�Ey� f Exhibit C QUITCLAIM DEED STATE OF TEXAS § COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Anna, Texas ("Grantor") 111 North Powell Parkway, Anna, Texas 75409, Collin County, Texas, does hereby forever quitclaim to Tommy and Genoveva Cunningham ("Grantee," whether one or more), all of Grantor's right, title, and interest in land situated in the City of Anna, Collin County, Texas, in the Grandison Stark survey, abstract no. 798, being a. 150 acre of prescriptive right of way as more particularly described in the metes and bounds description and the survey respectively attached hereto as Exhibit "1" and Exhibit "2" and made a part hereof for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described land unto the said Grantee, its successors and assigns forever, so that neither Grantor nor Grantor's legal representatives, successors or assigns shall have, claim or demand any right or title to the aforesaid land, premises or appurtenances or any part thereof. EXECUTED this day of Anna in accordance with the authority granted him by the through passage of City of Anna Ordinance No. CITY OF ANNA, TEXAS Mike Crist, Mayor , 2015 by the Mayor of the City of City Council of the City of Anna, Texas Before me on this day personally appeared Mike Crist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he is the Mayor of Anna, Texas, he acted on and by the authority of the City Council and executed this Quitclaim Deed for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 32015. Notary Public in and for the State of Texas Prescriptive Right -of -Way Abandonment 6,517 Square Feet or 0.150 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2014 Exhibit 1 SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey, Abstract No. 798, and being part of County Road 422 (Prescriptive Right —of —Way) with said premises being more particularly described as follows: COMMENCING at a %—inch iron rod found marking the southwest corner of a called 19.211 acre tract as recorded under Document No. 20060419000521020 of the Collin County Land Records and the southeast corner of Cunningham's 19.211 acre tract as recorded in Volume 4802, Page 3431 of the Collin County Land Records; THENCE with the west line of said 19.211 acre tract and the east line of Cunningham's 19.211 acre tract, North 10'31'22" East, 1,495.77 feet to a %—inch iron rod found in the south line of County Road 422 (Prescriptive Right —of —Way) marking the northwest corner of said 19.211 acre tract and the northeast corner of Cunningham's 19.211 acre tract; THENCE with the south line of County Road 422 and the north line of said 19.211 acre tract, South 88'37'16" East, 75.70 feet to a Glas capped iron rod set in the curving south right—of—way line of proposed Taylor Drive (80' Right —of —Way) marking the POINT OF BEGINNING for the herein described premises, and the beginning of a curve to the left; THENCE with the curving south right—of—way line of said Taylor Drive and the west line of said premises, northeasterly along said curve through a central angle of 5'14'49" for an arc distance of 82.42 feet and having a radius of 900.00 feet (chord = North 76'41'01" East, 82.39 feet) to a Glas capped iron rod set in the approximate center of County Road 422 marking the end of said curve and the northwest corner of said premises; THENCE with the approximate center of County Road 422 and the north line of said premises, South 88'28'37" East, 279.03 feet to a Glas capped iron rod set marking the northeast corner of said premises; THENCE with the east line of said premises, South 00'52'44" West, 20.20 feet to a Glas capped iron rod set marking the northeast corner of the aforementioned 19.211 acre tract; THENCE with the north line of said 19.211 acre tract and the south line of said premises, North 88'37'16" West, 358.90 feet to the point of beginning and containing 6,517 square feet or 0.150 acre of land. 2014 Glas Land Surveyln 2114 FM 156J, Wolfe City, Texas 75496 Office: (90J) 496-2084 www._qlGsIGndsurveyin_q.com TBPLS Firm No. 1019J970 M1 6081 P Prescriptive Riaht-of- Wav Abandonment 6,517 Square Feet or 0.150 Acre Grandison Stark Survey, Abstract No. 798 Collin County, Texas July 14, 2014 Anna Town Center No. 4 � SHRP, Ltd Called 729.92 Acres (Tract 1) Exhibit xhiblt Z Vol 56.31, Pg. 2600, MR Lone Star Cas Easement (No Width Specified) �e col. 280, Pg. 242, CCLR ,lol. 280, Pg. 246, CCLR �/ Location based on Cos Markers as located in the field) o� Proposed Taylor Drive d gas mkr. 1 Q c� / oN � oN N a� U oM o � 1 /2"I RF L1 well OV rock/asphalt �1 i corral off I �� barn T,E Scale: 1 "=100' ,A � County Road 422 (Rock Road) ATTCSB barbe —wire fnc. OH OH OH a. L2 ° a L4 L3 *gay barbed—wire fnc. 6,517 Sq.Ft. or 0.150 Acre Port of County Rood 422 (Prescriptive Right —of —Way Tommy & Genoveva Cunningham Called 19.211 Acres Doc.# 20060419000521020, CCLR Notes: 1) Survey was performed without the benefit of a title commitment. 2) Subject property affected by any or all easements of record. 3) Source bearing is based on GPS North as observed on July 31, 2013. 4) CM is a controlling monument. 5) Glas capped iron rods set at all property corners. LINE BEARING DISTANCE L1 S88'37'10E 75.70' L2 S88°28'37"E 279.03' L3 S00'52'44"W 20.20' L4 N88'37' 16"W 358.90' Glas Land Suryeyln 2114 FM 1563, Wolfe City, Texas 75496 Office: (903) 496-2084 www._qlGsIGndsurveyin_q.com TBPLS Firm No. 10193970 C1 R=900.00' L=82.42' Tan=41.24' A-5 ° 14 49" Chord=N76°41'O1 "E Chord Length=82.39' 2014 �AC00085. dwg PEE OF fTE, S T ,p •. ....... .... ...... HN GLAS '•.,� 6081 P ' lgNO f UR�Ey� f r CITY OF AN NA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: November 10, 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) and a 15 acre tract located in the Jonathan Douthit Survey, Abstract No. 251 (McGuffey Living Trust, owner). 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, and the McGuffey Living Trust on 15 acres of land. 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 and Bhagat Holdings Ltd. expired in 2011 and the agreement with McGuffey Living Trust expires 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 the Sam Rayburn Memorial Highway (SH 121) and F.M. 2862. Approval of this resolution would establish a schedule for public hearings to be conducted on January 12th and January 261" 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 Hearings for Voluntary Annexation) 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. 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") wishes 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. Section 2. It %, Public hearings regarding the proposed annexation of the properties described and referenced in Section 1 are hereby scheduled as follows: 1st Public Hearing — January 12th, 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 24th, 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 10th day of November 2015. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor 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 CITY OF AN NA, TEXAS Item No. ll City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution casting a ballot for the Collin Central Appraisal District Board of Directors. SUMMARY: The Collin Central Appraisal District is governed by a six member Board of Directors, five of which are elected by the taxing units that participate in the district. The five elected members of the board of directors serve two-year terms beginning on January 1 of even -numbered years. Based on its relative size to the other taxing units in the district, The City of Anna is entitled to cast 8 votes on the ballot of this year's election. Six names are listed on the ballot. STAFF RECOMMENDATION: The City Council may assign its 8 votes to one candidate or distribute them among several candidates. CITY OF ANNA, TEXAS RESOLUTION NO. 2015 (BOD of CCAD) 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. WHEREAS, The City of Anna, Texas has eight votes to cast in the election of the Board of Directors, Central Appraisal District of Collin County; 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 of the City of Anna, Texas votes for the following candidate(s) for the Board of Directors, Central Appraisal District of Collin County: (Candidate) (Votes Cast) Earnest Burke Ronald Carlisle Wayne Mayo Michael A. Pirek John Politz Gary Rodenbaugh PASSED by the City Council of the City of Anna, Texas, on this 10t" day of November, 2015. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist ARNESIT 13URKE RONALD CARLISLE WAYNE MAYO MICHAEL A. 'IRE< JO H N POi_ITZ 2016 - 2017 CENTRAL APPRAISAL DISTRICT (BOARD OF DIRECTOR'13 NOVI NAITIONS Nominated by Pla io 113 D. Resides i I 'lane, TX. Is a curre i t board member aid has seivetl mince 1 /1994. No mina ted by Frisco 113 D. Resides i i Frisco, TX. Is a curre i t board member aid has seivetl since 1 /19138. No minis ted by : ie City of Richarllson, and the City of UlcKin iey. Resides in Richardson, ITX. Is a curre i t board member aid -gas serve 1 since 1 /2015. Ne minis ted by t ie City of Pla io. Resides i n Pla io, ITX. Vomi zated by tie City of Farmersville. Resides in Farmersville, ITX. I3ARY ROD:-: NIBACUG H Is a i,urrent board member and ias served si ice 11(12001. Nomi sated by tie City of Allen, and Allen 113 D. Resides i i Alle i, TX. C FFICIAU BAULJC T ISSU®CI TC: City of Anna NL MEIER CF VCTEIS: 8 FOR: BOARD OF CIRECITORS, CIOLLIN CI9NTRAIL APPRAISAL DISTRICT, TWO-YEAR TERM BEGINNINC , AINUAIRY ' , 20' 6. EARN 8311 BUW 8 RCNAL D CARL ISIL El WAYNE MAYO MICFAEIL A. PIREK C F N RC L IT2I GARY RC ❑ONBAUGH Octobers 29, 2Q15 VOTED VCT9.c VC TEIS VC -nEIS VOlIEISI V011a�c ..ter` I3o Daffin, Chief*Appraiser E ection 6.03 ilg) of the State Prorlert} Tax Cot e regL ines the above slciion be laken by resolution, therefore, please attach a coyly of the resolution 10 this k allot anc rE11L rn I thEl al- ief aprlraiser, at 25CI Elldorsado Pkwy., M& innEly, Texas 75069, beilme Elecerr ben 15, 2015. 250 Ellda nada W wy Metro 469.742.9200 Admin Fax 469.742.9209 McKinney, llexas 75069 lloll-Fi ee 866.467.11, 10 Clustomet Service Fax 46 9.7,e1.9207 www.collincad.oug CITY OF AN NA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: 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. SUMMARY: During our recent review of ordinances related to water meters and billing, Staff identified a section of code that needs to be clarified regarding the timing of monthly water meter readings. The proposed amendment removes ambiguity and ensures that our business operations are consistent with the requirements in the City Code. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. (Meters and Billing Amendment) 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. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing water, sewer and other utility billing rates, payments, and related procedures; and Ak WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part II, General Ordinances, Article 49, Section 7 of The Anna City Code of Ordinances ("Anna Code") with regard to water meters and billing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. I % Section 2. Amendments. In accordance with Part II, Article 1, Section 9 of the Anna Code, the City Council hereby amends Part II, General Ordinances, Article 49, Section 7.02 of the Anna Code, as follows: 7.02 Water; Meters and Billing All premises using the City water supply must be equipped with an adequate meter an appropriately sized water meter as determined by the City. Said meter shall be furnished by the City under the hereinafter stated deposit and fee procedures. The City of Anna shall read or cause to be read, every water meter used in the City based upon each meter's respective monthly billing cycle. Meters on accounts activated after the commencement of the billing cycle will not be read nor accounts billed until one full billing cycle has been completed.at s, inh times as are nenessary that the hills may he sent out at the propertime. For each monthly billing cycle, meters will generally be read on or witthiinfive (5) business days after the final day of the billing le. In the event of an emeraencv or unusual circumstance that precludes the Ci from reading the meters within five (5) business days after the final day of the billing cycle, meters will be read as soon as practicable. Under unusual circumstances or during an emergency the City may estimate the reading of meters. Bills for water use shall be dated and sent monthly, or as such times as may be directed by the Mayor and City Council Section 3. Savings, Severability and Repealing Clauses. 011101 'A All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the 2015. ATTESTED: City Council of the City of Anna, City Secretary, Carrie Smith Texas, this the 10th day of November, APPROVED: Mayor, Mike Crist ORDINANCE NO. 2 (Meters and Billing Amendment) CITY OF ANNA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: 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: SUMMARY: 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. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: November 10, 2015 Staff Contact: City Manager Exhibits: None