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HomeMy WebLinkAbout2015-10-27 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 WORKSHOP October 27, 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 October 27, 2015 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1.Call to Order. 2.Roll Call and Establishment of Quorum. 3.Briefing/Discussion regarding holiday meeting schedule. (Philip Sanders) 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. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5.Consider/Discuss/Action on any items listed on posted agenda for the City Council Work Session or any Closed Session occurring during this Workshop, as necessary. 6. 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. October 23, 2015. ___________________________________________ Carrie L. Smith, City Secretary Item No. WS2 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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: October 27, 2015 Staff Contact: City Manager Exhibits: AGENDA SUBJECT: Discussion Regarding November and December City Council Meeting Dates. SUMMARY: 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. STAFF RECOMMENDATION: Item No. WS 4 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. 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. WS5 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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 6 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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 10/23/2015 2:42 PM CITY OF ANNA AGENDA NOTICE – CITY COUNCIL MEETING October 27, 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 October 27, 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 10/23/2015 2:42 PM 5. Consent Items. These items consist of non-controversial or “housekeeping” items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes for October 13, 2015. (Carrie Smith) b. Approve an Ordinance approving the 2015 Tax Roll (Clayton Fulton) 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) 6. Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements. (Joseph Johnson) 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) 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) 8. Consider/Discuss/Action on an Ordinance amending the 2015-16 fiscal year budget (Clayton Fulton) 9. Consider/Discuss/Action on a Resolution awarding a bid and approving a contract for the Hackberry Elevated Tower project. (Joseph Johnson) 10. Consider/Discuss/Action on a Resolution approving Change Order #1 for the Hackberry Elevated Tower project. (Joseph Johnson) 11. Consider/Discuss/Action on a Resolution authorizing the purchase of a vac-trailer. (Joseph Johnson) 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) 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 10/23/2015 2:42 PM 13. Consider/Discuss/Action on a Resolution regarding support for the proposed Palladium Anna project. (Philip Sanders) 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) 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) 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) 16. a. Conduct a Public Hearing on a recommendation to amend the Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd. (Maurice Schwanke) 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) 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) 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) 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: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the 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. 4 Version 10/23/2015 2:42 PM 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. 19. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 20. 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. October 23, 2015. _____________________________________ Carrie L. Smith, City Secretary 10-13-15 CC Workshop Minutes 1 ANNA CITY COUNCIL MINUTES WORKSHOP SESSION October 13, 2015 The City Council of the City of Anna met in Workshop Session on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1.Call to Order. Mayor Crist called the meeting to order at 6:30 pm. 2.Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Justin Burr, John Beazley, Chad Barnes, and Dick Dowd were present. 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); conflict of interest disclosure. 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 Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087); discuss proposed residential and mixed-use development. d.discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); members of City boards and commissions. PR O P O S E D Item 5a 10-13-15 CC Workshop Minutes 2 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 at 6:32 p.m. Council Member Barnes seconded. Motion carried 5-0. Mayor Crist reconvened the meeting at 7:42 p.m. 4.Consider/Discuss/Action on any items listed on posted agenda City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. No action taken. 5. Adjourn. Council Member Barnes moved to adjourn at 7:32 pm. Council Member Burr seconded. Motion carried 5-0. Approved on the ___ day of _______________, 2015. ATTEST: ______________________________ ______________________________ City Secretary Carrie L. Smith Mayor Mike Crist PR O P O S E D 10-13-15 1 CC Regular Minutes ANNA CITY COUNCIL MINUTES REGULAR SESSION October 13, 2015 The City Council of the City of Anna met in Regular Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1.Call to Order. Mayor Crist called the meeting to order at 7:32 pm. Mayor Mike Crist and Council Members Justin Burr, John Beazley, Chad Barnes, and Dick Dowd were present. Council Members Nathan Bryan and Lauren Lovato were absent. 2.Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and Pledge of Allegiance. 3.Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. No 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. No reports. PR O P O S E D 10-13-15 2 CC Regular Minutes 5.Proclamation regarding Municipal Court Week (Clayton Fulton) Mayor Crist proclaimed the week of November 2 - November 6, 2015, as Municipal Court Week, and further extended appreciation to all Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. 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 Work and Regular Session for September 22, 2015. (Carrie Smith) b.Approve the Planning and Zoning Commission Minutes for September 14, 2015. (Maurice Schwanke) c.Approve a Resolution on Anna Crossing, Phase 3A final plat. (Maurice Schwanke) RESOLUTION 2015-09-100: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA CROSSING PH 3A FINAL PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED EAST OF LEONARD AVENUE AND NORTH OF SHARP STREET AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. d.Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ. (Clayton Fulton) RESOLUTION 2015-10-101: 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. e.Approve a Resolution on Munger Development Plat (Maurice Schwanke)PR O P O S E D 10-13-15 3 CC Regular Minutes RESOLUTION 2015-10-102: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MUNGER DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 10236 COUNTY ROAD 289 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. f.Approve a Resolution on Richardson Development Plat (Maurice Schwanke) RESOLUTION 2015-10-103: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "RICHARDSON DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 9183 COUNTY ROAD 285 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. g.Approve a Resolution on Robertson Addition Development Plat (Maurice Schwanke) RESOLUTION 2015-10-104: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ROBERTSON ADDITION DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 12144 COUNTY ROAD 509 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. MOTION: Council Member Barnes moved to approve consent items. Council Member Dowd seconded. Motion carried 5-0. 7.Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Anna Crossing Phase 3A. (Maurice Schwanke) RESOLUTION 2015-10-105: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION AGREEMENT FOR ANNA CROSSING, PHASE 3A. MOTION: Council Member Barnes moved to approve. Council Member Burr seconded. Motion carried 5-0. 8.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. (Joseph Johnson)PR O P O S E D 10-13-15 4 CC Regular Minutes RESOLUTION 2015-10-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.127 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.243 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.127 acres of land, more or less, for a permanent sanitary sewer easement, and 0.243 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Hector Bernal and Janice Bernal, recorded in Instrument Number 20060703000907110 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.127 acres and 0.243 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. (Joseph Johnson) RESOLUTION 2015-10-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.147 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.147 acres of land, more or less, for a temporary construction easement, said tract located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Gerald Ray Davidson, recorded in Instrument Number PR O P O S E D 10-13-15 5 CC Regular Minutes 20020405000502240 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.147 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. (Joseph Johnson) RESOLUTION 2015-10-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.150 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.241 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.150 acres of land, more or less, for a permanent sanitary sewer easement, and 0.241 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Jon Michael Petersen and wife Laura Jean Petersen, recorded in Instrument Number 199990730000955880 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.150 acres and 0.241 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) RESOLUTION 2015-10-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PR O P O S E D 10-13-15 6 CC Regular Minutes PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.155 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.226 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.155 acres of land, more or less, for a permanent sanitary sewer easement, and 0.226 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.155 acres and 0.226 acres being more particularly described by the metes and bounds description as Tract 1 set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 12. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) RESOLUTION 2015-10-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.024 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.014 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.024 acres of land, more or less, for a permanent sanitary sewer easement, and 0.014 acres of land, more or less, for a temporary construction easement, said tracts PR O P O S E D 10-13-15 7 CC Regular Minutes located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.024 acres and 0.014 acres being more particularly described by the metes and bounds description as Tract 2 set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 13. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. (Joseph Johnson) RESOLUTION 2015-10-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.151 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.213 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.151 acres of land, more or less, for a permanent sanitary sewer easement, and 0.213 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Shane Spencer and Crystal Spencer, recorded in Instrument Number 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.151 acres and 0.213 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 14. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. (Joseph Johnson) PR O P O S E D 10-13-15 8 CC Regular Minutes RESOLUTION 2015-10-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.064 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.166 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.064 acres of land, more or less, for a permanent sanitary sewer easement, and 0.166 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs, recorded in Instrument Number 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.064 acres and 0.166 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 15. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. (Joseph Johnson) RESOLUTION 2015-10-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.157 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.225 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. PR O P O S E D 10-13-15 9 CC Regular Minutes MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.157 acres of land, more or less, for a permanent sanitary sewer easement, and 0.225 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Gary K. Verner and wife, Ronna Walker Verner, recorded in Instrument Number 19971124001000720 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.157 acres and 0.225 acres being more particularly described by the metes and bounds description set forth in Exhibit “A” to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 16. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the Hackberry Waterline Project. (Joseph Johnson) RESOLUTION 2015-10-114: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. BROWN ENTERPRISES, INC. FOR THE HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE PROJECT. MOTION: Council Member Barnes moved to approve. Mayor Crist seconded. Motion carried 5-0. 17. Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the 2014 TxCDBG Sewer Line Project. (Joseph Johnson) RESOLUTION 2015-10-115: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A&M CONSTRUCTION & UTILITIES, INC. FOR THE 2014 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPLACEMENTS PROJECT. MOTION: Council Member Burr moved to approve. Council Member Barnes seconded. Motion carried 5-0. 18. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non-annexation agreements with the owners of certain properties located in the city’s extra-territorial jurisdiction. (Philip Sanders) RESOLUTION 2015-10-116: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A&M CONSTRUCTION & UTILITIES, INC. FOR THE 2014 TEXAS PR O P O S E D 10-13-15 10 CC Regular Minutes COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPLACEMENTS PROJECT. MOTION: Councilmember Dowd moved to approve. Mayor Crist seconded. Council Member Beazley opposed. Motion carried 4-1. 19. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071) b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. MOTION: Council Member Barnes moved to enter into closed session at 8:38 p.m. Council Member Dowd seconded. Motion carried 5-0. Mayor Crist reconvened the regular meeting at 9:06 p.m. 20. Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. No action taken. 21. Adjourn. MOTION: Council Member Barnes moved to adjourn at 9:07 p.m. Council Member Dowd seconded. Motion carried 5-0. Approved on the ______ day of _______________, 2015. ATTEST: ______________________________ ________________________ City Secretary Carrie L. Smith Mayor Mike Crist PR O P O S E D Item No. 5b City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/2015 Staff Contact: Clayton Fulton Exhibits: 2015 Tax Roll Summary AGENDA SUBJECT: Approve an Ordinance approving the 2015 Tax Roll SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. The report from the county is attached. Texas Property Tax Code, section 26.09, requires cities to pass an ordinance approving the 2015 Tax Roll. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance approving the 2015 Tax Roll for the City of Anna Item No. 5c City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek Tax Increment Reinvestment Zone SUMMARY: The resolution approved at the October 13th council meeting calling for the public hearing to be held today was erroneously presented and subsequently published with the wrong address. The attached resolution contains the correct address and calls for the public hearing to be held on November 10th, 2015. In order to create the Tax Increment Reinvestment Zone (TIRZ) associated with the Hurricane Creek Development, the City needs to call for a public hearing before the zone can be created. The attached resolution authorizes the public hearing but does not create the TIRZ. It is anticipated the TIRZ will be created following the public hearing. STAFF RECOMMENDATION: Approve the resolution authorizing the public hearing on the TIRZ. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-117 (Tax Increment Reinvestment Zone-Villages of Hurricane Creek) 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. WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 311 of the Texas Tax Code, as amended (the “Act”), to create a tax increment reinvestment zone within its city limits; WHEREAS, the City Council of the City (the “City Council”) wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone in the City (the “Zone”) with the boundaries being described in the metes and bounds attached as Exhibit A; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on November 10, 2015 on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: Section 1. That a public hearing is hereby called for November 10, 2015, at 7:30 p.m. at City Council Chambers, 111 N. Powell Parkway (HWY 5), Anna, Texas 75409, for the purpose of hearing any interested person speak for or against the inclusion of property in the proposed Zone, the creation of the Zone, its boundaries, or the concept of tax increment financing with respect to the creation of the Zone. Section 2. At such time and place the City Council will hear testimony regarding the creation of the Zone and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council may consider the adoption of an ordinance authorizing the creation of the Zone. PR O P O S E D Resolution 2015-__________ TIRZ Villages of Hurricane Creek Section 3. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. Section 4. The City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing. Section 5. Before the November 10, 2015, hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone financing plan. Section 6. This resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. PASSED ON THIS 27th DAY OF OCTOBER, 2015. APPROVED: _____________________________ Mike Crist, Mayor ATTEST: ____________________________ Carrie L. Smith, City Secretary PR O P O S E D Item No. 6 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements. SUMMARY: As a result of heavy rains earlier this year, Staff became aware of a significant drainage concern affecting some of the property owners in the Pecan Grove, Phase 1 subdivision. For the past several months, Staff has worked with DR Horton (one of the primary builders in the subdivision) and an adjacent property owner (Foster Crossing LTD) on a plan to mitigate the drainage concerns. After developing and reviewing a number of alternatives, all parties have agreed on a plan to intercept the off-site storm water before it crosses the affected lots located east of Pecan Grove Dr. and south of Burl Ln. The cost of the improvements would be shared equally between DR Horton, Foster Crossing LTD, and the City. The City’s participation would be in the form of future impact fee credits to DR. Horton who will construct the drainage improvements. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. The draft Agreement is still under review by the respective parties. We anticipate that some changes will be made prior to the City Council meeting on October 27th. Item No. 7 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a request 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. (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. SUMMARY: The zoning request is for C-1 zoning with the addition of mini storage and RV storage. This tract of land is within the Thoroughfare Overlay District which has a higher standard than most commercial areas. This applicant is asking for less than 100 percent masonry which is required. 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 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 as well as sewer service. 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. The Planning and Zoning Commission recommended approval of the zoning request with the conditions of no exception to the Masonry Requirement at their meeting October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. Item No. 8 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding an ordinance amending the 2015-2016 Fiscal Year Budget SUMMARY: The proposed amendment includes funding for three distinct requests. The request includes the addition of 2 FTE’s and the use of water impact fees to support the construction of the Hackberry Elevated Storage Tank. The table below summarizes the revenues and expenditures associated with each request. Details on each request are included following the table. DEPT. REQUEST COST REVENUE PD School Resource Officer $ 99,671 $ 99,671 UF – Admin Construction Inspector $ 80,083 $ 80,083 UF – Impact Fees Elevated Storage Tank $ 91,199 Total $ 270,953 $ 179,754 School Resource Officer: This request is for an additional FTE in the Police Department for a total cost of $99,671. The request is fully funded through a grant award. During the preparation of the FY 16 budget, staff discussed the possibility of a grant award for an additional SRO beyond the SRO included in the FY 16 budget. The Police Department’s application was ultimately awarded for a three year grant with no more than $99,671 authorized in each year. The grant funds will be expended as approved in the award to support one SRO position and the associated costs to recruit, equip, and train the officer. Detailed costs are included in the attached exhibit. Construction Inspector: This request is for an additional FTE in the UF Admin Department for a total cost of $80,083. The request would be fully funded through anticipated construction inspection revenue. The FY 15 budget authorized a new construction inspector position in the Utility Fund. This position was responsible to review and inspect infrastructure projects occurring within the City. Previously, the City contracted with Bureau Veritas for the inspection services. The fees previously paid to BV are now kept by the City to pay for this position. There are a growing number of public improvements occurring throughout the City. Both City funded projects and developer funded public improvements are increasing the work load to a point that necessitates an additional inspector. The FY 16 budget included inspection fees of $125,000 to cover the costs of the existing inspector plus replacement of the inspector’s vehicle. The City has already received in excess of $100,000 of inspection revenue for the month of Oct. Conservative estimates for inspection revenue for FY 16 are in excess of $500,000. Staff is confident inspection fee revenue will provide for the budgeted amount of $125,000 plus an additional $80,083 for the new position. The new position would use vehicle used previously by the current inspector. This vehicle is a retired police cruiser, while not ideal, it can be used for the new inspector. Detailed costs are included in the attached exhibit. Elevated Storage Tank: Staff received bids for the Hackberry Elevated Storage Tank that exceeded the engineer’s opinion of probable cost. Further, the bids included an alternate to upsize the tank from 750,000 gallons to 1,000,000 gallons. When evaluating the bids, we found a 10.5% increase in costs would produce a 33.3% increase in capacity. Some bond funded projects have provided cost savings over the engineer’s opinion of probable cost which mitigates the increased budget for the elevated storage tank; however, to fund the 1 million gallon tank an additional $91,199 is needed. In order to take advantage of the increased capacity, staff recommends the use of water impact fees to fully fund the elevated storage tank. As of 9/30/2015 just over $820,000 in water impact fees is available. STAFF RECOMMENDATION: Approve the attached ordinance amending the FY 16 budget. Item No. 9 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a contract with Landmark Structures, Inc. for the construction of the Hackberry Elevated Storage Tank (EST) Project. SUMMARY: On September 29, 2015 at 2:30 PM sealed bids were opened for this project. Landmark Structures, Inc. was the apparent low bidder with a base bid of $2,517,000 for the 750,000 gallon tank. Landmark also submitted the low bid for Alternate No. 1 for the 1 Million Gallon (MG) EST of $2,786,000. The City’s consulting engineer has reviewed Landmark’s statement of qualification and references and finds that they meet the experience qualifications of the bid package and have a record of satisfactorily completing projects similar to the Hackberry Towner project. Funds are available for this project in the 2012 and 2014 Certificates of Obligation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes a contract with Landmark Structures, Inc. for the Alternate No. 1 bid of $2,786,000 for the construction of a 1 million gallon elevated water storage tank. Landmark also submitted bids for Additive Alternate No. 2 (tank lighting) and Additive Alternate No. 3 of (telemetry) which we are not recommending funding under this contract. When the tank bid pricing is combined with telemetry costs and additional engineering expenses expected for the project there is a funding shortfall. This shortfall will be mitigated through a deductive change order in the amount of $157,809.20 (next item on this agenda) and additional funding from water impact fees in the amount of $91,200. Item No. 10 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a deductive change order with Landmark Structures, Inc. related to the construction of the Hackberry Elevated Storage Tank (EST) Project. SUMMARY: On September 29, 2015 at 2:30 PM sealed bids were opened for Hackberry EST project. Landmark Structures, Inc. was the apparent low bidder with a base bid of $2,517,000. Landmark also submitted the low bid for Alternate No. 1 for the 1 Million Gallon (MG) EST of $2,786,000. Additionally, Landmark submitted Additive Alternate No. 2 of $125,000 for tank lighting and Additive Alternate No. 3 of $28,000 for telemetry. Due to bids received being higher than expected there is a funding shortfall. To mitigate the shortfall to the extent possible staff met with our consulting engineer to review items that could be removed from the project that would result in savings without compromising the quality or functionality of the project. The items represented in the attached change order would reduce the project cost by $157,809.20. The remaining shortfall of $91,200 would be funded through impact fees. STAFF RECOMMENDATION: Staff recommends approval of this item which would authorize the City Manager to execute a deductive change order with Landmark Structures, Inc. in the amount of $157,809.20. Item No. 11 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract for the purchase of a new Vac-Trailer from Vermeer using the Buy Board Cooperative Purchasing program. SUMMARY: The purchase of a vac-trailer will allow City staff to perform maintenance of sewer lines, manholes and lift stations which would lower the possibility of a sanitary sewer overflow. Additionally this item will be used to assist us with our ongoing Inflow and Infiltration (I&I) repair project. The BuyBoard Cooperative Purchasing program ensures that we remain in compliance with state law as it relates to government purchases. Essentially the program has already administered the competitive bid process for us. The purchase of a vac-trailer was authorized in the 2016 Fiscal Year (FY 16) budget in the amount of $72,000. The costs for this vac-trailer is $75,600 which is slightly higher due to optional equipment that we are recommending. The additional cost would come from the services cost group of the Wastewater budget. STAFF RECOMMENDATION: Staff recommends approval of the proposed Resolution which authorizes the City Manager to execute a contract and other documents for the purchase of a Vermeer VX50-500 with boom from Vermeer Texas-Louisiana through the Buy Board Cooperative Purchasing program. Item No. 12 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks, and Carter, LLP for the design of the Hackberry Drive Paving and Drainage Improvements – Slayter Creek to State Highway 5. SUMMARY: The Hackberry Drive improvements will be necessary in order to accommodate the steadily increasing traffic volume to the roadway. Extensions of Ferguson and Hackberry (in progress) to the west will only increase this volume. This project, when constructed, would upgrade the existing 18’ asphalt section to a 25’ concrete section the length of the project and add an additional 12.5’ section of roadway near the State Highway 5 intersection. The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design, bidding, and contract administration services for the project. The engineering consulting fee covering Basics Services (Parts I-III) for the project is for the lump sum amount of $92,360 and the additional services (Part IV) for the project is for the amount of $53,700, for a total not to exceed amount of $146,060. The total estimated cost for the project including engineering and professional services is $910,000. Funds are allocated for this project in the 2016 Fiscal Year Streets Budget in the amount of $87,000. Funds were allocated for the design portion only. This would mean that only Basic Service Part I: Design Phase ($69,270) and Additional Service A: Design and Boundary Surveys ($13,300) for a total of $82,570 would be authorized for this budget year. The remaining parts would be authorized as funds are allocated in a future fiscal year. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a task order with Birkhoff, Hendricks, and Carter, LLP for Basic Service Part I and Additional Service A for the design of the Hackberry Paving and Drainage Improvements. Item No. 13 City Secretary’s use only 3.City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution regarding support for the proposed Palladium Anna project. SUMMARY: Palladium Anna, Ltd. has proposed the construction of a 180 unit multi-family development on property located on the east side of Highway 5 inside the Anna Town Square master planned community located approximately 4,000 feet south of the intersection of White Street (FM 455) and Powell Parkway (SH 5). Palladium Anna, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 Competitive 9% Housing Tax Credits for the Palladium Anna project. Earlier this year on January 27th and again on March 18th the City Council conducted public meetings to receive public comment on the proposed Palladium Anna project. Since then, Staff has work with the property owner to review and develop regulations and standards that would enhance the quality of the project. Although the property on which the Palladium Anna project is proposed was zoned to allow for multi-family use in 2004, the owner has submitted a zoning application that would substantially increase the development standards for a multi-family project constructed on this property Outdoor amenities for the project include a community swimming pool, open space with walking trails and picnic areas, a playground, and sports courts. The development will also include an indoor amenity center and clubhouse with a business center, club room with event kitchen, and a fitness center. Palladium Anna Ltd. will use an in-house management company to screen potential tenants. Part of the screening process includes a criminal background check that will exclude felons, sex offenders, or other violent offenders from living in this development. Everyone living on the property will be screened and listed on the lease agreement. As part of their application to TDHCA, Palladium Anna, Ltd has requested a resolution of support from the City. The owner of the Anna Town Square master planned community, of which the Palladium Anna project will be a part, has previously pledged his support for the this project. STAFF RECOMMENDATION: The property on which the Palladium Anna project is proposed was zoned to allow for multi-family use in 2004. If approved, the development standards for the Palladium Anna project will be substantially higher than what the City could otherwise require on this property. Staff recommends approval of the attached resolution. Item No. 14 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: 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, and in the Anna Town Square development. SUMMARY: The Subdivision Ordinance allows the City Council to consider waivers or suspension of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal. (Article 1, Section 10). Any waiver or suspension must not have the effect of nullifying the intent and purpose of the Subdivision Regulations. Article 3, Section 1.03(d) of the Subdivision Regulations require new subdivisions to have at least two points of vehicular access. It also requires subdivisions to be connected via improved Streets (Streets that meet the City Standards) to the City's improved Thoroughfare and Street system by one or more approach Streets. Access, may also be provided by a single, median-divided entrance from the City’s improved thoroughfare system provided that the median extends unbroken at least 100 feet to an intersecting internal Street which provides at least two routes to the interior of the Subdivision. Primary access to the proposed Palladium Anna development will be provided from a two-lane extension of Finley Blvd. to a median divided entry road as shown on the attached concept plan. Normally, the City would require the construction of an additional access point west to Powell Parkway (SH 5), or by an extension of Finley Blvd. and Leonard Blvd. as secondary access points. The most efficient secondary access would be west to Powell Parkway; however, the Dallas Area Rapid Transit (DART) will not permit an additional crossing of the railroad. Given this restriction and in lieu of constructing extensions of Finley Blvd. and Leonard Drive., the developer is requesting a waiver that would allow him to construct a temporary emergency access road following the same route. This temporary road would serve as the secondary access point and allow emergency vehicles to access the development. A permanent public roadway would be constructed when development occurs adjacent to the temporary emergency access road. The City Council may approve a waiver if it makes findings based upon the evidence presented to it in each specific case that: (1) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity; (2) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Property Owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; (4) The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and (5) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City’s regulations. The Planning and Zoning Commission reviewed this request on October 5th and recommended approval subject to compliance with the specific conditions included in the attached Resolution. STAFF RECOMMENDATION: Staff has no objection to this waiver request conditioned on compliance by the developer with the conditions stipulated by the Planning and Zoning Commission and included in the attached Resolution. The City’s consulting engineer has reviewed the proposed extension of Finley Blvd. and has offered an opinion that it would provide adequate access to the Palladium development. Item No. 15 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: a. Conduct a Public Hearing on a request to amend the zoning and development standards in Ordinance No. 129-2004 for a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, and in the Anna Town Square development. (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, and in the Anna Town Square development. SUMMARY: The request for zoning change contains 9.482 acres in the area commonly referred to as Anna Town Square. The property backs up to the Dart Rail to the west that creates some access difficulties since two points of improved access is required for all developments. Item 15 of this agenda provides an alternative to this situation that has been provided by the developer. This zoning request changes the existing entitlements for multi-family development to more enhanced standards than currently exist for this specific part of Anna Town Square. The staff has worked with the applicant to improve the requirements that are found in the attached ordinance. Several items to note are as follows: Masonry content – The current entitlements have the masonry content at 75 percent. The proposal is still 75; however, the standard is now 90 percent in new multi-family developments. With the elevations provided the staff believes that the result will be appropriate. If the elevations provided change then the standard would be increased to 90 percent. Garages – Our current parking ordinance requires 75 percent of the parking be covered. However, the last PD had 36 percent garages as part of the 75 percent. This request provides 75 percent covered and 21 garage spaces. With affordable house free parking is required by the State. Normally, garage spaces cost additional funds. Within this development are 52 market rate apartments. 40 percent would require the placement of 21 garage units on the site. Screen Wall- Within this ordinance it is allowable to use the 8’ masonry wall as the back of garages instead of providing a wall then a setback and then a building which creates a no man land in between two walls. This allowance shows in the side and rear yard requirements of the ordinance. The staff is recommending approval of this ordinance. The Planning and Zoning Commission recommended approval of the zoning request at their meeting September 14th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. Item No. 16 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a recommendation to amend the Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd (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 SUMMARY: 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. Therefore, 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. EXHIBIT A Item No. 17 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and development standards in Ordinance No. 2002-27A for a 63.867 acre tract of land located in the R C Ingraham Survey, A-0464 (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. SUMMARY: 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 September 14th meeting 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. 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. The Planning and Zoning Commission recommended approval of the zoning request at their meeting October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. Item No. 18 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. 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. 19 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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. 20 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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 CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP October 27, 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 October 27, 2015 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1.Call to Order. 2.Roll Call and Establishment of Quorum. 3.Briefing/Discussion regarding holiday meeting schedule. (Philip Sanders) 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. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5.Consider/Discuss/Action on any items listed on posted agenda for the City Council Work Session or any Closed Session occurring during this Workshop, as necessary. 6. 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. October 23, 2015. ___________________________________________ Carrie L. Smith, City Secretary Item No. WS2 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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: October 27, 2015 Staff Contact: City Manager Exhibits: AGENDA SUBJECT: Discussion Regarding November and December City Council Meeting Dates. SUMMARY: 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. STAFF RECOMMENDATION: Item No. WS 4 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. 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. WS5 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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 6 City Secretary’s use only City Council Agenda Staff Report ______________________________ Date: October 27, 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 WORKSHOP October 27, 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 October 27, 2015 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding holiday meeting schedule. (Philip Sanders) 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. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Consider/Discuss/Action on any items listed on posted agenda for the City Council Work Session or any Closed Session occurring during this Workshop, as necessary. 6. 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. October 23, 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: October 27, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS Item No. WS 3 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: City Manager Exhibits: AGENDA SUBJECT: Discussion Regarding November and December City Council Meeting Dates. SUMMARY: 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. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. WS 4 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. 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 AN NA, TEXAS Item No. WS5 City Secretary's use only City Council Agenda Staff Report Date: October 27, 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 6 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: City Manager Exhibits: None .. YfOURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING October 27, 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 October 27, 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 10/23/2015 2:42 PM 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve the City Council Minutes for October 13, 2015. (Carrie Smith) b. Approve an Ordinance approving the 2015 Tax Roll (Clayton Fulton) 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) 6. Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements. (Joseph Johnson) 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) 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) 8. Consider/Discuss/Action on an Ordinance amending the 2015-16 fiscal year budget (Clayton Fulton) 9. Consider/Discuss/Action on a Resolution awarding a bid and approving a contract for the Hackberry Elevated Tower project. (Joseph Johnson) 10. Consider/Discuss/Action on a Resolution approving Change Order #1 for the Hackberry Elevated Tower project. (Joseph Johnson) 11. Consider/Discuss/Action on a Resolution authorizing the purchase of a vac -trailer. (Joseph Johnson) 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) 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 10/23/2015 2:42 PM 13. Consider/Discuss/Action on a Resolution regarding support for the proposed Palladium Anna project. (Philip Sanders) 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) 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) 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) 16. a. Conduct a Public Hearing on a recommendation to amend the Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd. (Maurice Schwanke) 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) 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) 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) 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: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the 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 10/23/2015 2:42 PM 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. 19. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 20.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. October 23, 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 10/23/2015 2:42 PM Item 5a ANNA CITY COUNCIL MINUTES WORKSHOP SESSION October 13, 2015 The City Council of the City of Anna met in Workshop Session on the above date at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members Justin Burr, John Beazley, Chad Barnes, and Dick Dowd were present. 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); conflict of interest disclosure. on 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. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed residential and mixed -use development. d. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); members of City boards and commissions. 10-13-15 CC Workshop Minutes M 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 sessic at 6:32 p.m. Council Member Barnes seconded. Motion carried 5- Mayor Crist reconvened the meeting at 7:42 p.m. Ilk Consider/Discuss/Action on any items listed on posted agenda City City Council Regular Meeting or any Closed Session occurring during tnis Workshop, as necessary. No action taken. 5. Adjourn. Council Member Barnes moved to adjourn at 7:32 pm. Council Member Burr seconded. Motion carried 5-0. ATTEST: Approved on the ;K day of City Secretary Carrie L. Smith Mayor Mike Crist W4i71111 10-13-15 CC Workshop Minutes 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION October 13, 2015 The City Council of the City of Anna met in Regular Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order. Mayor Crist called the meeting to order at 7:32 pm. NIV 16* Mayor Mike Crist and Council Members Justin Burr, John Beazley, Chad Barnes, and Dick Dowd were present. Council Members Nathan Bryan and Lauren Lovato were absent. 2. Invocation and Pledge of Allegiance. Mayor Crist led the Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. No 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. No reports. 10-13-15 CC Regular Minutes 5. Proclamation regarding Municipal Court Week (Clayton Fulton) Mayor Crist proclaimed the week of November 2 - November 6, 2015, as Municipal Court Week, and further extended appreciation to all Municipal Judges and court support personnel for the vital services they perform and their exemplary dedication to our community. 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 Work and Regular Session for September 22, 2015. (Carrie Smith) b. Approve the Planning and Zoning Commission Minutes for September 14, 2015. (Maurice Schwanke) c. Approve a Resolution on Anna Crossing, Phase 3A final plat. (Maurice Schwanke) RESOLUTION 2015-09-100: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ANNA CROSSING PH 3A FINAL PLAT" GENERALLY LOCATED INANNA'S CITYLIMITS LOCATED EAST OF LEONARD AVENUE AND NORTH OF SHARP STREET AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. d. Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek TIRZ. (Clayton Fulton) RESOLUTION 2015-10-101: 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. e. Approve a Resolution on Munger Development Plat (Maurice Schwanke) 10-13-15 CC Regular Minutes z RESOLUTION 2015-10-102: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "MUNGER DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 10236 COUNTY ROAD 289 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. f. Approve a Resolution on Richardson Development Plat (Maurice Schwanke) RESOLUTION 2015-10-103: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "RICHARDSON DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 9183 COUNTY ROAD 285 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. ,*i' g. Approve a Resolution on Robertson Addition Development Plat (Maurice Schwanke) RESOLUTION 2015-10-104: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "ROBERTSON ADDITION DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 12144 COUNTY ROAD 509 AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. MOTION: Council Member Barnes moved to approve consent items. Council Member Dowd seconded. Motion carried 5-0. 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Anna Crossing Phase 3A. (Maurice Schwanke) RESOLUTION 2015-10-105: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION AGREEMENT FOR ANNA CROSSING, PHASE 3A. MOTION: Council Member Barnes moved to approve. Council Member Burr seconded. Motion carried 5-0. 8. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Hector Bernal and Janice Bernal. (Joseph Johnson) 10-13-15 CC Regular Minutes RESOLUTION 2015-10-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.127 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.243 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.127 acres of land, more or less, for a permanent sanitary sewer easement, and 0.243 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Hector Bernal and Janice Bernal, recorded in Instrument Number 20060703000907110 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.127 acres and 0.243 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 9. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gerald Ray Davidson. (Joseph Johnson) RESOLUTION 2015-10-107: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THATAPUBLIC NECESSITY EXISTS FOR ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.147 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.147 acres of land, more or less, for a temporary construction easement, said tract located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Gerald Ray Davidson, recorded in Instrument Number 10-13-15 CC Regular Minutes 4 20020405000502240 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.147 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 10.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Jon Michael Petersen and Laura Jean Petersen. (Joseph Johnson) 61 RESOLUTION 2015-10-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.150 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.241 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.150 acres of land, more or less, for a permanent sanitary sewer easement, and 0.241 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Jon Michael Petersen and wife Laura Jean Petersen, recorded in Instrument Number 199990730000955880 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.150 acres and 0.241 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 11.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 1) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) RESOLUTION 2015-10-109: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A 10-13-15 5 CC Regular Minutes PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.155 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.226 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.155 acres of land, more or less, for a permanent sanitary sewer easement, and 0.226 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.155 acres and 0.226 acres being more particularly described by the metes and bounds description as Tract 1 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 12.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement (Tract 2) on private property owned by Chris Plumlee and Lisa Plumlee. (Joseph Johnson) RESOLUTION 2015-10-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.024 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.014 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.024 acres of land, more or less, for a permanent sanitary sewer easement, and 0.014 acres of land, more or less, for a temporary construction easement, said tracts 10-13-15 CC Regular Minutes 6 located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Chris Plumlee and Lisa Plumlee, recorded in Instrument Number 20100624000646560 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.024 acres and 0.014 acres being more particularly described by the metes and bounds description as Tract 2 set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 13.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Shane Spencer and Crystal Spencer. (Joseph Johnson) E44 RESOLUTION 2015-10-111: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.151 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.213 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.151 acres of land, more or less, for a permanent sanitary sewer easement, and 0.213 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, and the Ezra Shelby Survey, Abstract No. 839, Collin County, Texas, and described in a deed to Shane Spencer and Crystal Spencer, recorded in Instrument Number 20120727000917890 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.151 acres and 0.213 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 14.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Kerry B. Tubbs and Gwendolyn M. Iselt-Tubbs. (Joseph Johnson) 10-13-15 CC Regular Minutes RESOLUTION 2015-10-112: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.064 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.166 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.064 acres of land, more or less, for a permanent sanitary sewer easement, and 0.166 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Kerry B. Tubbs and wife Gwendolyn M. Iselt-Tubbs, recorded in Instrument Number 20050620000814000 (also recorded in Vol. 5943, Page 1524) of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.064 acres and 0.166 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 15.Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Gary K. Verner and Ronna Walker Verner. (Joseph Johnson) RESOLUTION 2015-10-113: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.157 ACRES OF REAL PROPERTY, MORE OR LESS, AND 0.225 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. 10-13-15 CC Regular Minutes s MOTION: Mayor Crist moved that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.157 acres of land, more or less, for a permanent sanitary sewer easement, and 0.225 acres of land, more or less, for a temporary construction easement, said tracts located in the Robert A. Johnson Survey, Abstract No. 479, Collin County, Texas, and described in a deed to Gary K. Verner and wife, Ronna Walker Verner, recorded in Instrument Number 19971124001000720 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 0.157 acres and 0.225 acres being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion. Council Member Barnes seconded. Motion carried 5-0. 16.Consider/Discuss/Action regarding and approving a contract for the (Joseph Johnson) a Resolution awarding a bid Hackberry Waterline Project. ,*i' RESOLUTION 2015-10-114: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. BROWN ENTERPRISES, INC. FOR THE HACKBERRY ELEVATED STORAGE TANK OFFSITE WATER LINE PROJECT. MOTION: Council Member Barnes moved to approve. Mayor Crist seconded. Motion carried 5-0. 17.Consider/Discuss/Action regarding a Resolution awarding a bid and approving a contract for the 2014 TxCDBG Sewer Line Project. (Joseph Johnson) RESOLUTION 2015-10-115: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A&M CONSTRUCTION & UTILITIES, INC. FOR THE 2014 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPLACEMENTS PROJECT. MOTION: Council Member Burr moved to approve. Council Member Barnes seconded. Motion carried 5-0. 18.Consider/Discuss/Action regarding a Resolution authorizing the City Manager to negotiate non -annexation agreements with the owners of certain properties located in the city's extra -territorial jurisdiction. (Philip Sanders) RESOLUTION 2015-10-116: A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A&M CONSTRUCTION & UTILITIES, INC. FOR THE 2014 TEXAS 10-13-15 9 CC Regular Minutes COMMUNITY DEVELOPMENT BLOCK GRANT SEWER REPLACEMENTS PROJECT. MOTION: Councilmember Dowd moved to approve. Mayor Crist seconded. Council Member Beazley opposed. Motion carried 4-1. 19.CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the, governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. MOTION: Council Member Barnes moved to enter into closed session at 8:38 p.m. Council Member Dowd seconded. Motion carried 5-0. Mayor Crist reconvened the regular meeting at 9:06 p.m. 20.Consider/Discuss/Action on any items listed on posted agenda Workshop Session or any closed session occurring during this Regular Meeting, as necessary. No action taken. 21.Adjourn. MOTION: Council Member Barnes moved to adjourn at 9:07 p.m. Council Member Dowd seconded. Motion carried 5-0. Approved on the day of ATTEST: City Secretary Carrie L. Smith 2015. Mayor Mike Crist 10-13-15 CC Regular Minutes CITY OF ANNA, TEXAS AGENDA SUBJECT: Approve an Ordinance approving the 2015 Tax Roll SUMMARY: Item No. 5b City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 10/27/2015 Clayton Fulton 2015 Tax Roll Summary The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. The report from the county is attached. Texas Property Tax Code, section 26.09, requires cities to pass an ordinance approving the 2015 Tax Roll. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance approving the 2015 Tax Roll for the City of Anna CITY OF ANNA, TEXAS ORDINANCE NO. 2015-700 (2015 TAX ROLL) AN ORDINANCE APPROVING THE 2015 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2015 Tax Roll for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas (the "City Council") for approval; and Iddl WHEREAS, the City Council is required by statute (Texas Property Tax Code SecSon 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2015 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; 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. Section 2. Tax Roll Approved. The 2015 Tax Roll Summary is accepted and said tax roll is hereby approved by the City Council. PASSED by the City Council of the City of Anna, Texas, this the 27th day of October, 2015. ATTESTED: APPROVED: City Secretary Carrie Smith Mayor Mike Crist KENNETH L. MAUN TAX ASSESSOR COLLECTOR COLLIN COUNTY C O L L I N 2300 Bloomdale Road, Suite 2366 4p, C O U N T Y P.O. Box 8006 McKinney, TX 75070-8006 (972) 547-5020 Fax: (214) 491-4808 Email: kmaun@collincountytx.gov September 29, 2015 Mike Crist, Mayor City of Anna P.O. Box 776 Anna, TX 75409 Dear Mayor Crist, Attached is the 2015 Tax Roll Summary for City of Anna. Submission of the 2015 Tax Roll to your governing body for approval, in accordance with Texas Property Tax Code, Section 26.09, will constitute the 2015 Tax Roll for City of Anna. Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience. While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law and do appreciate your cooperation. If you have any questions, please contact me. Sincerely, /Z4A.-I hA d444A---- Kenneth L. Maun Tax Assessor Collector Enclosure cc: Philip Sanders Clayton Fulton Run Date: September 28, 2015 Collin County Tax Office 2015 TAX ROLL SUMMARY Amount NUMBER OF ACCOUNTS MARKET VALUES ROLLCODE: MOBILE HOME Improvement $350,764 Improvement Non -Home Site $84,941 ROLLCODE: PERSONAL Personal $27,290,010 ROLLCODE: REAL Aqriculture $91,943,149 Improvement $402,382,117 Improvement Non -Home Site $137,266,997 Land $125,484,891 Land Aq Land $1,037,185 Land Non -Home Site $54,679,960 TOTAL MARKET VALUE DEFERRALS Aq $91,943,149 TOTAL DEFERRALS EXEMPTIONS Autos, XO , PPV , XO , PPV $3,837,103 Cap Adjustment, XT , XT $9,462,212 Disabled Veteran $5,960,482 Miscellaneous, XV , XV $113,917,853 Nominal Value $2,780 Over65 $11,050,389 TOTAL EXEMPTIONS GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS TOTAL MARKET VALUE TAXABLE VALUE TAX RATE ROLLCODE: MOBILE HOME Levy $2,765.19 ROLLCODE: PERSONAL Levy $149,830.35 ROLLCODE: REAL Levy $3, 709,175.92 TOTAL LEVY LEVY LOST DUE TO FROZEN OTHER LOST LEVY TOTAL LOST LEVY TaxRollSummary.rpt Revised September28, 2015 $840,520,014 $91,943,149 $144,230,819 $236,173,968 $840,520,014 $604,346,046 0.639 $3,861,771.46 $0.00 $0.00 $0.00 Page 10 of 107 07 - ANNA CITY Count 4,933 220 18 1,130 95 198 12 374 111 242 4,580 Run Date: September 28, 2015 Collin County Tax Office Page 11 of 07 2015 TAX ROLL SUMMARY 07 - ANNA CITY Calculation Analysis Calc Levy - Tax Amount = Diff. Market Value Exemption Taxable Value Frozen 0.00 0.00 0.00 0 0 0 DV100 (Excl. Frozen) 1,184.78 1,184.78 0.00 5,878,594 5,421,053 457,541 Prorated (Excl. Frozen 0.00 0.00 0.00 0 0 0 Other 3,860,586.68 3,860,586.68 0.00 834,641,420 230,752,915 603,888,505 Total 3,861,771.46 3,861,771.46 0.00 840,520,014 236,173,968 604,346,046 DV100 (Incl. Frozen) 0.00 0.00 0.00 0 0 0 Prorated (Incl. Frozen 0.00 0.00 0.00 0 0 0 TaxRollSummary.rpt Revised September 28, 2015 CITY OF AN NA, TEXAS Item No. 5c City Secretary's use only City Council Agenda Staff Report Date: 10/27/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Approve a Resolution setting date and time for a public hearing on the creation of the Villages of Hurricane Creek Tax Increment Reinvestment Zone SUMMARY: The resolution approved at the October 131h council meeting calling for the public hearing to be held today was erroneously presented and subsequently published with the wrong address. The attached resolution contains the correct address and calls for the public hearing to be held on November 10th, 2015. In order to create the Tax Increment Reinvestment Zone (TIRZ) associated with the Hurricane Creek Development, the City needs to call for a public hearing before the zone can be created. The attached resolution authorizes the public hearing but does not create the TIRZ. It is anticipated the TIRZ will be created following the public hearing. STAFF RECOMMENDATION: Approve the resolution authorizing the public hearing on the TIRZ. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-117 (Tax Increment Reinvestment Zone -Villages of Hurricane Creek) A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTIO 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TA INCREMENT REINVESTMENT ZONE WITHIN THE CITY OF ANN) TEXAS; AUTHORIZING SECRETARY OF ANNA, AND DIRECTING TH E THE ISSUANCE OF NOTICE BY THE CIT TEXAS REGARDING THE PUBLIC HEARING; CITY TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. 01 WHEREAS, the City of Anna, Texas (the "City"), is authorized under Chapter 311 of the Texas Tax Code, as amended (the "Act"), to create a tax increment reinvestment zone within its city limits; WHEREAS, the City Council of the City (the "City Council") wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone in the City (the "Zone") with the boundaries being described in the metes and bounds attached as Exhibit A; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7t" day before the date of the hearing in accordance with Section 311.003 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on November 10, 2015 on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: Section 1. That a public hearing is hereby called for November 10, 2015, at 7:30 p.m. at City Council Chambers, 111 N. Powell Parkway (HWY 5), Anna, Texas 75409, for the purpose of hearing any interested person speak for or against the inclusion of property in the proposed Zone, the creation of the Zone, its boundaries, or the concept of tax increment financing with respect to the creation of the Zone. Section 2. At such time and place the City Council will hear testimony regarding the creation of the Zone and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council may consider the adoption of an ordinance authorizing the creation of the Zone. Section 3. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. Section 4. The City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing. Section 5. Before the November 10, 2015, hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone financing plan. Section 6. This resolution shall be in full force and effect from and after its passage) and it is accordingly so resolved. 4q PASSED ON THIS 27th DAY OF OCTOBER, 2015. _ ATTEST: Carrie L. Smith, City Resolution 2015- TIRZ Villages of Hurricane Creek ICJ UITUMOTOWWRI Mike Crist, Mayor CITY OF AN NA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements. SUMMARY: As a result of heavy rains earlier this year, Staff became aware of a significant drainage concern affecting some of the property owners in the Pecan Grove, Phase 1 subdivision. For the past several months, Staff has worked with DR Horton (one of the primary builders in the subdivision) and an adjacent property owner (Foster Crossing LTD) on a plan to mitigate the drainage concerns. After developing and reviewing a number of alternatives, all parties have agreed on a plan to intercept the off -site storm water before it crosses the affected lots located east of Pecan Grove Dr. and south of Burl Ln. The cost of the improvements would be shared equally between DR Horton, Foster Crossing LTD, and the City. The City's participation would be in the form of future impact fee credits to DR. Horton who will construct the drainage improvements. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. The draft Agreement is still under review by the respective parties. We anticipate that some changes will be made prior to the City Council meeting on October 27tn CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-118 (PECAN GROVE, PHASE 1 DRAINAGE IMPROVEMENTS) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR PECAN GROVE, PHASE 1 DRAINAGE IMPROVEMENTS. WHEREAS, the City of Anna, Texas, D. R. Horton, Inc., and Pecan Grove Estates Homeowner's Association, Inc., have agreed to cooperate on matters related to the construction of certain drainage improvements; and WHEREAS, the Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements, attached hereto as Exhibit 1, is adopted pursuant to Part II, Article 49, Section 8.10 of the Anna City Code of Ordinances; k 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 Agreement The City Council hereby approves the Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements, attached hereto as Exhibit 1, subject to review and approval as to legal form by the City Attorney; and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th day of October 2015. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City"), D. R. Horton, Inc., (the "Builder"), and Pecan Grove Estates Homeowner's Association, Inc., (the "HOX) for the - purposes and consideration stated below. WHEREAS, Builder, HOA, and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and •� WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and ikl* WHEREAS, the City, Builder, and HOA have agreed to cooperate on matters related to the construction of certain drainage improvements more particularly described in Exhibit A attached hereto (the "Drainage Improvements"); and WHEREAS, Builder and HOA understand and acknowledge that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Builder's and HOA's voluntary design; and WHEREAS, this Agreement is adopted pursuant to Part II, Article 49, Section 8.10 of the Anna City Code of Ordinances; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Builder, HOA, and the City. SECTION 2 DEFINITIONS Final Construction Cost, with respect to the Drainage Improvements, means the dollar amount actually paid for the construction of the Drainage Improvements at the time of full and final completion, dedication and acceptance the Drainage Improvements. Water Impact Fees means fees charged by the City to a builder or property owner for the general purpose of funding the construction of water capital improvements as described Part IV, Article 7, Section 13, of the Anna City Code of Ordinances. SUBDIVISION IMPROVEMENT AGREEMENT Page 11 PECAN GROVE, PHASE 1 DRAINAGE SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Builder fully and satisfactorily completes the Drainage Improvements, Builder shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the actual amount paid for the Drainage Improvements. (b) Insurance. Builder or its contractor(s) shall acquire and maintain, during the period of time when any of the Drainage Improvements are under construction (and until the full and satisfactory completion of the Drainage Improvements: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00, whichever is greater. Coverage must be on an "per occurrence" basis. Such insurance shall also cover any and all claims which might arise out of the Drainage Improvement construction contracts, whether by Builder, a contractor, subcontractor, material man, or otherwise. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Drainage Improvement construction contracts, Builder shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (c) Indemnification and Hold Harmless. BUILDER AND HOA COVENANT AND AGREE TO INDEMNIFY AND DO HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF BUILDER OR HOA, THEIR AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE DRAINAGE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUBDIVISION IMPROVEMENT AGREEMENT Page 12 PECAN GROVE, PHASE 1 DRAINAGE (d) Relationship of Parties. At no time shall the City have any control over or charge of the Builder's design, construction or installation of the Drainage Improvements that are the subject of this agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. There is no joint enterprise between the City and Builder or the City and HOA. SECTION 4 DRAINAGE IMPROVEMENTS (a) Builder Obligations.01 (1) Within sixty (60) days of the Effective Date, Builder agrees to compl and workmanlike manner construction of the Drainage Improvements. If Builder fails to fully complete construction of the Drainage Improvements in said manner within sixty (60) days of the Effective Date, then the City's obligations under Section 4(b) shall terminate and Builder shall not be entitled to the credit described therein. (2) Builder agrees that the City may inspect the construction of the Drainage Improvements and may require Builder to correct any deficiencies in the construction of said improvements in order to comply with the construction plans described in Exhibit A prior to final and satisfactory completion. (3) Builder agrees that the City will only deem the Drainage Improvements satisfactorily complete when the Builder's engineer has certified to the City's engineer (through submission of detailed sealed "as -built", or record drawings of the Drainage Improvements) that the Drainage Improvements including their location, dimensions, materials, and other information required by the City's engineer, have been completed and are functioning in accordance with good engineering practices. (b) City Obligations. (1) City agrees that it shall not be entitled to collect, and shall forgo collection of one- half of the dollar amount of Water Impact Fees that would normally be charged in connection with the issuance of building permits for single family homes to be constructed on lots owned by the Builder and located within the corporate limits or the extraterritorial jurisdiction of the City, but only to the extent that the total amount of Water Impact Fees that the City forgoes under this Agreement does not exceed the lessor of $57,773.83, or one-third (1/3) of the Final Construction Cost. To implement this credit, the dollar amount of the Water Impact Fees shall be reduced by one-half at the time that said fees are normally collected. Notwithstanding any provision of this Agreement, inspection fees, other impact fees, and other customary fees apart from one-half of the Water Impact Fees shall remain applicable, and such fees shall be collected, under applicable ordinances and regulations. SUBDIVISION IMPROVEMENT AGREEMENT Page 13 PECAN GROVE, PHASE 1 DRAINAGE (2) The City's obligation to forgo collection of one-half of the dollar amount of Water Impact Fees as described in Section 4(b)(1) shall not apply if the City has a contractual obligation to collect Water Impact Fees in connection with a building permit issued on property owned by the Builder. (c) HOA Obligations. (1) HOA agrees that the Drainage Improvements shall be constructed within an easement or easements dedicated to the HOA described in Exhibit B attached hereto (the Easement Property), and that the HOA and its successors shall bev, solely responsible for the perpetual maintenance and proper function of the Drainage Improvements. HOA agrees that the Easement Property shall be kept clear of all obstructions which in any way endanger or interfere with the maintenance or proper function of the Drainage Improvements. The HOA's maintenance responsibility shall include but shall not be limited to removing any significant build-up of sediment or debris from the Drainage Improvements. (2) HOA further agrees than neither the City nor Builder shall have any obligation or responsibility to maintain the Easement Property or Drainage Improvements. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Builder and HOA have duly executed same. SECTION 6 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of the Parties under this Agreement shall bind the Parties and each successor organization or person. (b) The Parties may not assign or transfer their respective interest in this Agreement without prior written consent of the other Parties. SECTION 7 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the respective Parties, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. SUBDIVISION IMPROVEMENT AGREEMENT Page 14 PECAN GROVE, PHASE 1 DRAINAGE (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set fc " as such Parties may designate by written notic with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Builder: D. R. Horton, Inc. If to HOA Pecan Grove Estates HOA Inc (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the Parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. SUBDIVISION IMPROVEMENT AGREEMENT Page 15 PECAN GROVE, PHASE 1 DRAINAGE (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. 4 (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the, Parties. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. W Q) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the Parties. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES REMAINDER OF THIS PAGE d SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE PAGES FOLLOW, INTENTIONALLY LEFT BLANK] Page 16 D. R. Horton, Inc. By: David V. Auld, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF § Before me, the undersigned notary public, on the day of 12015, personally appeared David V. Auld, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of D. R. Horton, Inc. Notary Public, State of Texas f SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE Page 17 CITY OF ANNA IN Philip Sanders, City Manager Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the day of , 2015, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. r4q otary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE Page 18 Pecan Grove Estates Homeowner's Association, Inc. By: Richard Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF § Before me, the undersigned notary public, on the day of 12015, personally appeared Richard Skorburg known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as President of Pecan Grove Estates Homeowner's Association, Inc. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE Page 19 ATTACHMENTS Exhibit A —the Drainage Improvements SUBDIVISION IMPROVEMENT AGREEMENT Page 110 PECAN GROVE, PHASE 1 DRAINAGE GRAPHIC SCALE 1 "=50' / ' \ \ OECAN GROVE PHASE 1 50 0 50 100 ' / / VOL. Q, PG. 555 15 16 �F. ALLED 0.267 CRES) GR� / F TER CROSSIN LTD. VO 5499, PG. 2 7 / � / / B 3 X. RETAINING Q 628.07 WALL / FNC P! N .55 626.16 TW: N / FNC W: #3 BARS ON 24' CENTERS 8"-12" GROUTED ROCK RIP -RAP a Q d 3000 P.S.I. CONCRETE 622.58 / FNC - 6NC.50 12 3-#3 BARS I M I 670. 633.86 19 6 .16 62 FNC / TW: B 660. ' GR®U ®R CK_ FN :B / / / // / 635.43 N //� j / 635.47 20 // / / / /// •- -_ \ \ � . FNC RIP AP �' E AL D TAIL 650. szo.s / / / // / //.. / F / //// v v v �,,,.r EX. RETAINING /// / // / / \ \ \ , WALL N.T.S. 637a2 1 N.T.S. / 619.11 ��� 1 / / / / „'! rr A�2 AFL \ TW: B FNC FNC: N 640, 6j/ 637.70 10 619.94 ' // // //// j ®J' `, 0.35 \ TM 21 FNC / /i/i%j' / 7 ��y 1.1 \� \\ _ ''_{. 9 8 630 7 618.61 FNC: B-� // / / / / / // ^t ' .e. .. 637.30 6 i i CONSTRUCT 1120 LI* / // // / ^ �_ �` ;Sta. 16+41.91 FNC 5 620 619.21 // / // / / /, CONCRETE FLUME ` /j/-1 D 4 637.74 FLUME \ ` FNC P1 ,� �'Y '•,;' I / / , / / ' / , ii i i ,� // / ® ` , 7 -BEGIN 3 FL ` \ \ 63E.02 1 617.75� / / / _ \ 638.8 610 FNC: N �/ / / // / I / / /`% \� \ A-1 \ _ A �� _ � � �'x«. FNC / / _ `. A �., "�^: F`�p� 637.77 636.15 / / / \ \ \ �JBa �` _ ' NCE 636.58 618.95 / / // / / I / �� /Oi / j / <0 / ) ` 0.�4 \ \ \ \ ` \ 1 - FNC FNC FNC q .ga FNC / A_ /// ��` \ /C�� /;O// // /\\ _ C082 23 618.57 / / / 2.5 // / / f l / '/ / / // /__� Y \ \ �� - \ - - - - - \ - - - _ \ ` I=7 52 in/�1r FNC / //// / / / / / / / / / / / Y .. 552 _ \ - - _ - 1- _ _ �o�\ 6, A 0.64 AC 7•x l/ // / / / // j / / / l / l I r - \� ��� \--�� 54.1.Z- Y--_~ - y�1o1 a 010=1.9 cfs / // /// / // // / / / / ;/1 �_� �0{ZJ2-640.19 TOE �\ =71.1 cfs // // / / I - ���__ v vv` �_` -- TOE �' �� �1I n=0.013 / 24 618.4s 1_J1_ / / �� i i I 1 / / s=0.040 ft/ft I FNC V=5.23 fps rl,I I d=0.12 ft 11 1ISto. 11+02.78 617.61 �,���/ FNC D 5 FLUME , /// / // / / / / _ - 660. BEGIN !4'f FLUME 1 Z1 // // A-8 / / s : ` ' ' I j 1 // / / 1 18 1I y. a 18" WQZ:° CURLEX TO BE PLACED ON ALL ma GRAPHIC SCALE 1 "=20' 20 0 20 40 C-C I 25 I I I1 Ij / ll , f //� / I / OFFSET 0.00 -r ,: - _ ELEV. 617s3 635.96 3.6 v, VARIES s5o. OFFSET -4.00 FNC-, Ex. ELEV. 617.33`0 GROUND 4.z� 640. OFFSET_27.22 616.46 FNC A VARIES IELEV. 623.07 26 3.17 dog W0.41 I 630. GRI _64a _ IIII 1.2 I J/fii��, i�IjII�II - __PA620 27 U w � 615.02 FNC: N 615.6 I FNC 1 \28 1 615.79 1 FNC I 29 1 ��I i : _644- ;y REARYARD oFF -1, _ I�illliilll� 1�1i1�b� Ill "��- --- - .617 I I I I I/ 1 J b I?1N jR? LUSeOMBE FAMILY TRUST - DRAINAGE AREA BOUNDARY O -9• I o I �� �"� FROM CARTER �t BURGESS FLUME 610. •3 ��c. No. 2o1j052708Q548a20 5. PLANS DATED: 6/1/04 0.5' -fl SHEET 16 ELEV. s 6.33 { ) III 11 III 1I I I I I I I I I I 11;€} _ �642- I I 1 I 1 I I I i / �`� � � � � �` � 600. -90 -80 -70 -60 750 -40 -30 -20 1 1 1 1 1 11 I I i I� UPPER EXISTING __ 11 I 1 1 1 1 1 1 1^ \ I I j 11 l I 1 11 1 SWALE TO REMAIN. - N •T• S. GRAPHIC SCALE 1"=20' I�1lI 1 1 1 I/ ruu 20 0 20 40 I 1 1 T�I r` _ IIIII- - _ �,�.� ..._._........ ., I 1 1 1111"1 D D i 141111 i[ 1 - RUNOFF CALCULATIONS I 1 1 1 1 [ 11111 11111 �\\\ \----s3s 1111 i�--C- I \ \ ' �� - XdSn1qC% VARIES 5.0 TO 7,0 4.0 n P11 0-0 615.31 11 1 l . �y -FNqj INSTALL INSTALL 9 SY w ` �J 111 1 1 1 �� _ 6��� �� VARIES 3.® T� ° 12 ROCK RIP AP I \ j�_ REARM 30 616.74 FNC � � - ® ° / / I A-•5 41�� 1 - - 2 C=0.40 T 11 / F C59� 0.89 1 - �� - /h � � �v I=7.52 In/hr � >a - - _ A=2.22 AC . " , 5 LU COMBE /AN ell 617.8 \ 2.7 - �0►►=6.7 0 'IhI �d�� JF BC: / / \ - - i �q p Cal\ICiR LfE \ - _ �' - _ 63�~ _ - Q.P=40.6 cfs II II 111 a 1 \ �- n=0.013 EC C OWN R=0.005 ft/ft ll---8. C=0.40 1=7.52 In/hr A=0.99 AC 0100-3.0 efe Qoopp-147.9 cfs n=0.013 s=0.098 ft/ft V=7.42 fps d=0.11 ft 60.0 50.0 - 40.0 30.0 20.0 10.0 -10 0 00.0 650. OFFSET -50.0 ELEV. 63&4 EX. rGROUND 630. O ELEV 632.7 / 610. V=3.67 fps NO. ��1R� ® �� Rational Method / 67.10 111I/ -��-` _-' _-' d=0.34 ft / . 1 1 -- - n 18 O,C.B.W. 4 ®3000 P.S.I. -� q CIA . �. 600. - CONCRETE *i, 11 [ _ �2� DRAINAGE AREA 17.8 , 11111 r F'LlJ TA L 1 AE - - D. _ 4t N.T.S. Drainage Area # Area (Acres) Runoff Coeff. Intensity (in./hr.) !me(conc (minutes) 1 Discharge (c.f.s.) 'I P' lictl Ii pi T^ 11al DA-1 1 0.64 0.4 7.52 1b.0 1.9 DA-2 0.35 0.4 7.52 15.0 1.1 DA-3 0.82 0.4 7.52 15.0 2.5 DA-4 0.41 0.4 7.52 15.0 1.2 DA-5 0.89 0.4 7.52 15.0 2.7 DA-6 1.18 0.4 7.52 15.0 3.6 DA7 317 1 0.4 7�j52 150 95a Yf: ���� 3� j ���%� ,f, � � �i � � $j"' C.�' 1�� f �1a ���',)t�p� t•4 A '' i ;' AU �:s ,Y�tg �;;� DRAINAGE DESIGN THEORY E-E EXHIBIT A IF 650. OFFSET 0.00 ELEV. 622.16 640. - - GROUND GR OFFSET -4.00 -- � OFFSET -29.22 ELEV. 621.68� ` � ELEV. 628.08 _ 1 630. PRO . ` GROU 620.10-00 ELEV. 21.66 FI= SET 9.00 610. T 5.00 620.E FL 600. -90 -80 -70 -60 -50 -40 -30 -20 Q=.Q GRAPHIC SCALE 1 "=20' C=0.40 1=7.52 In/hr A=1.81 AC 20 0 20 40 0100=5.4 cfe Q,,=43.9 cfs n=0.013 9=0.008 ft/ft V=4.30 fps d=0.29 ft M 60.0 50.0 40.0 30.0 00, J/ 20.0 1-10,0 -10 0 00.0 650. OFFSET 0.00 ELEV. 615.79 OFFSET -4.00 640. ELEV. 614.84 EX.- OFFSET -25.05 ELEV. 619.97 630. - _ PROP. GROUP _ 620. FFSET 11.00 ELEV. 14.84 610. ELE V. 613. (FL) OFFSET -5.OD EU.V. 613. FL 600. -90 -80 -70 -60 -50 -40 -30 -20 GRAPHIC SCALE 1 "=20' 20 0 20 40 11 ELEV 628.0 40.0 30.0 20.0 1a.o 00.0 -30 -20 -10 0 +10 +20 +30 +40 GRAPHIC SCALE 1 "=20' 20 0 20 40 m a m a 1 ' vuu / 1$`"� - - EX. GRO ND r� rn # v I 1 INSTALL 8"-12w GROUTED 620 M _ ®FLOWLI E - - - t< `° •� �L ROCK RIPRAP 2.0' UP EACH BAPVIC �5�3 1 �3 0 - - r " ` - - - 3- �, o \609\ WITH 18" DEEP CONCRETE TOE 61®� _ o.5a /a • ` 6� WALL GROWNU UPSTREAM AND DOWNSTREAM �' - : x 10 FLOWLIN _T2 94 v v \ \ 1V ' W (Ct O - 613:71, - 6T4 9� 6�5 99 M co co v ti o 4fj co LO cp cri ci r� v r of r N 00 613- --` \\ \/ C 1 1 1 et N O w oD 9~ w 'r O tQ N rn W N N O CO w (fl \\ � �q �W a0 N O N N cM v c'i CD M W �1 Cfl t- N r LV �O �� �� Y r r c- r N r N s- N 7♦ 6 / )• fro fro fi i �� wit 1® ® ® co m cc ca co m cow w �, ccs c� w w w w w co m co co co w co co cD w 0 co co 0x -JX 0x JX UX JX UX JX JX JX JX JX C7X JX C7X J )( 2 LL W W W Li. W LL W LL W ,_ W LL W LL W [L W LL W W W W LL W u- W W LL W LL W SEE SHEET 2 OF + 7+� q� 9+� 10+00 11+00 12+00 13+00 DESIGNED BY: BENCHMARK OF The seal appearing on this "X" IN CONCRETE FOUND ON THE NORTHEAST CORNER OF A BRIDGE OVER ARM P'�E "' r document was authorized by * '� ,* Jeffrey P. Miles, P.E. 80253. Suite Qu Suite 200 SLAYTER CREEK ON THE WEST SIDE OF FOSTER CROSSING ROAD. DRAWN BY: *: ..........................:•* Alteration of a sealed proper 'PARTNERS Addison, JEFFREY P. MILES document without ro erMain 972. ...:......... ........... ELEVATION- 607.35 JRM 80253 notification to the responsible Fax 972.2 :. �, 'ri� pnnineer is nn offense under ►nrva►rv.jbip� T N O � CO LL W 14+0 E=L C=0.40 1-7.52 in/hr A=1.18 AC Q100=3.6 cfs Qom =85.6 cfs n=0.045 s=0.018 ft/ft V=1.92 fps d=0.58 ft C=0.40 1=7.52In/hr C, A=2.22 AC %00=6.7 cfs ,r Qow=54.5 cfs c n-0.013 3=0.009 ft/ft V=4.42 fps c d=0.29 ft a i 30.0 0 •" F :f•If�� ■ J 30.0 ; 0011f 40 ■ M pp ap M O to � O O N inN cM o N cf CQ u7 ti to co cfl 00 0 co N N N N M M MM M M M M M M M co M 00 0(fl 0 w 00 cO QD W COw w 00 cD co 0 X J X 0 X J X CJ X J X C X J X C� X LL W u- W LL W 4 L W LL W- W LL W W W LL W EXHIBIT B 20' DRAINAGE EASEMENT PAGE 1 OF 3 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a five —eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 00 degrees 27 minutes 03 seconds West, 25.62 feet along the east line of said 2.536 acre tract of land to a 60 penny nail set for corner; THENCE South 51 degrees 45 minutes 32 seconds West, 6.24 feet to a 60 penny nail set for corner; THENCE South 47 degrees 44 minutes 57 seconds West, 45.35 feet to a 60 penny nail set for corner; THENCE South 41 degrees 13 minutes 49 seconds West, 44.92 feet to a 60 penny nail set for corner; THENCE South 34 degrees 42 minutes 43 seconds West, 44.90 feet to a 60 penny nail set for corner; THENCE South 28 degrees 11 minutes 39 seconds West, 44.91 feet to a 60 penny nail set for corner; THENCE South 21 degrees 40 minutes 28 seconds West, 44.93 feet to a 60 penny nail set for corner; THENCE South 15 degrees 09 minutes 06 seconds West, 44.95 feet to a 60 penny nail set for corner; THENCE South 08 degrees 37 minutes 51 seconds West, 44.93 feet to a 60 penny nail set for corner; THENCE South 02 degrees 18 minutes 06 seconds West, 46.57 feet to a 60 penny nail set for corner; THENCE South 00 degrees 32 minutes 18 seconds West, 115.70 feet to a 60 penny nail set for corner; THENCE Southeasterly, 11.22 feet along a curve to the left having a central angle of 12 degrees 14 minutes 50 seconds, a radius of 52.50 feet, a tangent of 5.63 feet, and whose chord bears South 23 degrees 20 minutes 17 seconds East, 11.20 feet to a 60 penny nail set for corner; THENCE South 29 degrees 27 minutes 51 seconds East, 68.45 feet to a 60 penny nail set for corner; THENCE South 08 degrees 58 minutes 50 seconds East, 33.10 feet to a 60 penny nail set for corner; THENCE South 01 degrees 02 minutes 16 seconds East, 111.04 feet to a 60 penny nail set for corner; THENCE Southwesterly, 94.70 feet along a curve to the right having a central angle of 89 degrees 02 minutes 40 seconds, a radius of 60.94 feet, a tangent of 59.93 feet, and whose chord bears South 43 degrees 29 minutes 03 seconds West, 85.45 feet to a 60 penny nail set for corner; THENCE South 88 degrees 13 minutes 21 seconds West, 3.02 feet to a 60 penny nail set for corner in the west line of said 2.536 acre tract of land said point being in the east line of said Pecan Grove Phase 1; - 1DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2006 10-915 MDDOADIISON, TEXAS 750 II ( XHOEEEmt DR4 Drawing: HAProlects\H0E266 — Pecon Grove\dwAXHDE266—EShiT DR-4.dwo Saved Br. mdovidson Sove 11me: 10/19/2015 2:50 PM Plotted b1e mdovidson Plot Dote: 10/1o/19/2015 2:50 Phi EXHIBIT 20' DRAINAGE EASEMENT PAGE 2 OF 3 CONTINUE LEGAL DESCRIPITON THENCE North 00 degrees 32 minutes 18 seconds East, 20.02 feet along the west line of said of 2.536 acre tract of land and along the east line of said Pecan Grove Phase 1 to a 60 penny nail set for corner; THENCE North 88 degrees 13 minutes 21 seconds East, 2.33 feet to a 60 penny nail set for corner; THENCE Northeasterly, 63.62 feet along a curve to the left having a central angle of 89 degrees 02 minutes 40 seconds, a radius of 40.94 feet, a tangent of 40.26 feet, and whose chord bears North 43 degrees 29 minutes 03 seconds East, 57.41 feet to a 60 penny nail set for corner; THENCE North 01 degrees 02 minutes 16 seconds West, 109.81 feet to a 60 penny nail set for corner; THENCE North 08 degrees 58 minutes 50 seconds West, 28.09 feet to a 60 penny nail set for corner; THENCE North 29 degrees 27 minutes 50 seconds West, 64.84 feet to a 60 penny nail set for corner; THENCE Northwesterly, 18.87 feet along a curve to the right having a central angle of 14 degrees 54 minutes 35 seconds, a radius of 72.50 feet, a tangent of 9.49 feet, and whose chord bears North 22 degrees 00 minutes 24 seconds West, 18.81 feet to a 60 penny nail set for corner in the west line of said 2.536 acre tract of land, said point being the in east line of said Pecan Grove Phase 1; THENCE along the east line of said 2.536 acre tract of land and along the west line of said Pecan Grove Phase 1; North 00 degrees 32 minutes 18 seconds East, 118.87 feet at the southwest corner of Lot 27, Block B of said Pecan Grove Phase 1; North 02 degrees 18 minutes 06 seconds East, 47.98 feet at the southwest corner of Lot 26, Block B of said Pecan Grove Phase 1; North 08 degrees 37 minutes 51 seconds East, 47.18 feet at the southwest corner of Lot 25, Block B of said Pecan Grove Phase 1; North 15 degrees 09 minutes 06 seconds East, 47.23 feet at the southwest corner of Lot 24 Block B of said Pecan Grove Phase 1; North 21 degrees 40 minutes 28 seconds East, 47.21 feet at the south corner of Lot 23, Block B of said Pecan Grove Phase 1; North 28 degrees 11 minutes 39 seconds East, 47.19 feet at the south corner of Lot 22, Block B of said Pecan Grove Phase 1; North 34 degrees 42 minutes 43 seconds East, 47.18 feet at the south corner of Lot 21, Block B of said Pecan Grove Phase 1; North 41 degrees 13 minutes 49 seconds East, 47,20 feet at the south corner of Lot 20, Block B of said Pecan Grove Phase 1; North 47 degrees 44 minutes 57 seconds East, 47.19 feet to the POINT OF BEGINNING and containing 16,117 square feet or 0.370 acres of land. DAN B. REy R. P. L. S. 4172 OCTOBE 19, 2015 DRAWN PROJECT 16301 200E 11915 MDDO66 DDIISON, TEXAS 75001 B' I I I XHOEE DR41 Drowing: H:\Projeots\H0E266 — Pecan Grove\dwg\XHOE266—ESMT DR-4.dwg Saved By. mdavldson Save Time; 10/19/2015 2:50 PM Plotted by. mdavldson Plot Dote: 10/19/2015 2:50 PM o� COO 2. Lu co to Q _ LO 26 c 27 a 28 29 30 LUSCOMBE LANE (50' RIGHT-OF-WAY) 1 2 O COMMON AREA NO. 2 EXHIBIT 20' DRAINAGE EASEMENT PAGE 3 OF 3 19 18 20 5/S"IRF P.O.B. (cM\� 21 /p� 22 ��yf vi 23 N v /^ �v tV v /vCO N (V ; 20' DRAINAGE EASEMENT r� 16,117 S.F. =� 0.370 ACRES ( ALLED 2.536 ACRES) F STER CROSSING, LTD. VbL. 5499, PG. 2057 N IN J J I n� II (CALLED 0.267 ACRES) FOSTER CROSSING, LTD. VOL. 5499, PG. 2057 LINE TABLE LINE BEARING DISTANCE L1 N51'45'32"E 22.96' L2 S00'27'03"W 25,62' L3 S51'45'32"W 6.24' L4 S47'44'57"W 45.35' L5 S41'13'49"W 44.92' L6 S34'42'43"W 44.90' L7 S28'11'39"W 44,91' L8 S21'40'28"W 44.93' L9 S15109'06"W 44.95' L7 0 S08'37'51 "W 44.93' L11 S02'18'06"W 46.57' L12 S00'32'18"W 115,70' L13 S29'27'51 "E 68.45' L14 S08'58'50"E 33.10' L15 S01'02'16"E 111.04' L16 S88'13'21 "W 3.02' L17 N00'32'18"E 20.02' L18 N88'13'21"E 2.33' 1-19 N01'02'16"W 109.81' L20 N08'58'50"W 28,09' L21 N29'27'50"W 64.84' L22 N00'32'18"E 118.87' L23 NO2'18'06"E 47.98' L24 N08'37'51"E 47.18' L25 N15'09'06"E 47.23' L26 N21'40'28"E 47.21' L27 N28'11'39"E 47,19' L28 N34°42'43"E 47.18' L29 N41'13'49"E 47.20' L30 N47'44'57"E 47.19' ;AN GR E HAS 1 VOL. PG. 5 12 11 (r'.0 RF O N V)00 D�t O O J N QO wo Cfl N O p U z W J U O 0 CURVE TABLE NO. DELTA RADIUS I ENGTH TANGENT CHORD BEARING CHORD C1 12'14'50" 52,50' 11,22' 5.63' S23'20'17"E 11.20' C2 89'02'40" 60.94' 94.70' 59.93' S43'29'03"W 85,45' C3 89'02'40" 40.94' 63.62' 40.26' N43'29'03"E LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING CM -CONTROLLING MONUMENT (COUNTY ROAD #3661 I IRF IRON ROD FOUND L18� J 'L16 (VARIABLE WIDTH RIGHT-OF-WAY) NOTE ALL CORNERS SHOWN HEREON ARE 60 PENNY NAILS SET UNLESS NOTED OTHERWISE. 57.41 N ( IN FEET ) 1 inch = 100 ft. SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200E 1"=100' 10-19-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266-Esmt DR4 Drawing: H:\Projccls\140E266 - Pecan Grove\dwg\XHOE266-ESMT DR-4.dwg Saved By. mdavldson Save Time: 10/19/2016 2:50 PM Plotted by. mdavidson Plot Dale: 10/19/2015 2:50 PM SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200E 1"=100' 10-19-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266-Esmt DR4 Drawing: H:\Projccls\140E266 - Pecan Grove\dwg\XHOE266-ESMT DR-4.dwg Saved By. mdavldson Save Time: 10/19/2016 2:50 PM Plotted by. mdavidson Plot Dale: 10/19/2015 2:50 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five —eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 50 penny nail set at the southwest corner of a said 0.267 acre tract of land, said point being the northeast corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being at the POINT OF BEGINNING of this easement; THENCE along the northwest line of said 0.267 acre tract of land as follows: North 56 degrees 38 minutes 09 seconds East, 24.36 feet at the south corner of Lot 18, Block B of said Pecan Grove Phase 1; North 57 degrees 17 minutes 41 seconds East, 100.00 feet at the south corner of Lot 16, Block B of said Pecan Grove Phase 1; North 62 degrees 48 minutes 31 seconds East, 50.23 feet at the north corner of said 0.267 acre tract of land, said point being south corner of Lot 15, Block B of said Pecan Grove Phase 1 ; THENCE along the northeast corner of said 0.267 acre tract of land as follows: South 46 degrees 33 minutes 11 seconds East, 64.59 feet to the southeast corner of Lot 14, Block B of said Pecan Grove Phase 1; South 52 degrees 20 minutes 16 seconds East, 64.59 feet to the southeast corner of Lot 13, Block B of said Pecan Grove Phase 1; South 58 degrees 07 minutes 21 seconds East, 12.52 feet to a 60 penny nail set at the southeast corner line of said 0.267 acre tract of land, said point being in the south line of Lot 12, Block B of said Pecan Grove Phase 1; THENCE North 89 degrees 58 minutes 29 seconds West, 34.82 feet along the south line of sold 0.267 acre tract of land to a 60 penny nail set for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 50.49 feet to a 60 penny nail set for corner; THENCE Northwesterly, 75.42 feet along a curve to the left having a central angle of 66 degrees 44 minutes 18 seconds, a radius of 64.75 feet, a tangent of 42.64 feet, and whose chord bears North 74 degrees 15 minutes 14 seconds West, 71.23 feet to a 60 penny nail set for corner; THENCE South 57 degrees 17 minutes 41 seconds West, 97.71 feet to a 60 penny nail set for corner in the south line of said 0.267 acre tract of land; THENCE North 89 degrees 58 minutes 29 seconds West, 36,47 feet along the south line of said 0.267 acre tract of land to the POINT OF BEGINNING and containing 5,786 square feet or 0.133 acres of land. DAN B. R EY R.P.L.S. 4 4172 OCTOBER 19, 2015 �E 0 F P. •'. ......... ............................... DAN B. RAMSEY ............................... ` 4172 P ' �9 �FESS�, IOQ -S DATE I DRAWN ( PROJECT 16301 QUORUM DRIVE, SUITE 200B BIB 10-19-15 MOD H0E266 ADDISON, TEXAS 75001 XHOE266—Esmt DR3 Drawing: H:\Projects\H0E266 — Pecan 0rove\dw9\XHDE266—ESMT DR-3.dwq Saved By. mdovidson Soya Time: 10/19/2015 9:45 AM Plotted by. mdovidson Plot Date: 10/19/2015 2:53 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five —eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd, as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the POINT OF BEGINNING of this easement; THENCE South 89 degrees 58 minutes 29 seconds East, 36.47 feet along the south line of said 0.267 acre tract of land to a 60 penny nail set for corner; THENCE South 56 degrees 43 minutes 45 seconds West, 43.85 feet to a 60 penny nail set for corner in the east line of said 2.536 acre tract of land; THENCE North 00 degrees 27 minutes 03 seconds East, 24.07 feet along the east line of said of 2.536 acre tract of land to the POINT OF BEGINNING and containing 439 square feet or 0.010 acres of land. DAN B. R Ey R.P.L.S. 4172 OCTOBE 16, 2015 \P` EGO ERF�y ............................... DAN B, RAMSEY ............................... 4172 'tom SUR��'✓ DATE DRAWN PROJECT 1601 200E 10615 MOD_I0E266 DDIISON, TEXAS 75001I IXHOE D 0rowing: H:\Projects\HOE266 — P.— Grove\dw4\XH0E266—E5MT DR—t.dwg Soved By. md-id— Save Time: 10/16/2015 12:32 PM Plotted by. mdovld— Plot Dote: 10/16/2016 1:34 PM EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five —eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set for corner at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 36.47 feet along the south line of said 0.267 acre tract of land to a 60 penny nail set at the POINT OF BEGINNING of this easement; THENCE South 89 degrees 58 minutes 29 seconds East, 54.65 feet along the south line of said 0.267 acre tract of land a point for corner; THENCE South 56 degrees 43 minutes 45 seconds West, 109.55 feet to a point for corner in the east line of said 2.536 acre tract of land; THENCE North 00 degrees 27 minutes 03 seconds East, 36.07 feet along the east line of said of 2.536 acre tract of land to a 60 penny nail set for corner; THENCE North 56 degrees 43 minutes 45 seconds East, 43.85 feet to the POINT OF BEGINNING and containing 2,301 square feet or 0.053 acres of land. DAN B. v1SEY R.P.L.S. 0. 4172 OCTOB 16, 2015 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B IdBilp 10-16-15 MDD XHOE266—Esmt TEMPI ADDISON, TEXAS 75001 Drowino: H:\Proiects\HOE266 — Pecon Grove\dwa\XH0E266—ESMT TEMP-1.dwa Saved By. mdavidson Sove Time: 10/16/2015 12:46 PM Plotted by. mdow,dson Plot Vote: 10/16/2015 1:27 PM EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 2 OF 2 15 0 PE C N GROVE PH 1 y V L. Q, PG. 5 16 17 14 �\ / 19 18 © 13 P.O. PECAN OVE PH E 1 (CALLED 0.267 ACRES VO . Q, PG. 5 5 _ FOSTER CROSSING, LTD. 12 20 L2 VOL. 5499, PG. 2057 11 5/8"IRF \% L3"I 10 21 (°M) , �� 30' TEMPORARY 9 \,N CONSTRUCTION 8 7 P°O°C° EASEMENT 2,301 S. F. 226, 0.053 ACRES 3 0, (CALLED 2.536 ACRES) LUSCOMBE FAMILY TRUST FOSTER CROSSING, LTD. DOC. NO. 20110527000548820 VOL. 5499, PG. 2057 N LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING ( IN FEET ) CM —CONTROLLING MONUMENT 1 inch = 100 ft. IRF IRON ROD FOUND TBPE No. F-436 T8PLS No. 10076000 SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B �� o� 1"=100' 10-16-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt Tempt �, LINE TABLE LINE BEARING DISTANCE L1 S51 °45'32"W 22.96' L3 S89°58'29"E 54.65' L4 S56°43'45"W 109.55' L5 N00°27'03"E 36.07' L6 N56°43'45"E 43.85' Growing: H:\Projects\H0E266 —Pecan Grove\dwg\XHGE266—ESMT TEMP—t.dwg Saved By. mdavidson Save Time: 10/16/2015 12.46 PM Plotted by. mdavidson Plot Dote: 10/16/2015 1: 23 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a five —eighths inch capped iron rod found at the southeast corner of Lot 8, Block B and the southwest corner of Lot 7, Block B of the Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE South 08 degrees 44 minutes 21 seconds West, 20.00 feet to a 60 penny nail set for corner; THENCE North 81 degrees 15 minutes 39 seconds West, 65.60 feet to 60 penny nail set for corner; THENCE North 75 degrees 28 minutes 34 seconds West, 66.61 feet to a 60 penny nail set for corner; THENCE North 69 degrees 41 minutes 30 seconds West, 66.61 feet to a 60 penny nail set for corner; THENCE North 63 degrees 54 minutes 25 seconds West, 66.61 feet to a 60 penny nail set for corner; THENCE North 58 degrees 07 minutes 21 seconds West, 66,61 feet to a 60 penny nail set for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 16.12 feet to a 60 penny nail set for corner in the south line of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 34.82 feet to a 60 penny nail for corner in the southwest line of said Pecan Grove Phase 1; THENCE South 58 degrees 07 minutes 21 seconds East, 52.07 feet to a three —eighths inch iron rod found at the southeast corner of said Lot 12; THENCE South 63 degrees 54 minutes 25 seconds East, 64.59 feet to the southeast corner of Lot 11, Block B of said Pecan Grove Phase 1; THENCE South 69 degrees 41 minutes 30 seconds East, 64.59 feet to the southeast corner of Lot 10, Block B of said Pecan Grove Phase 1; THENCE South 75 degrees 28 minutes 34 seconds East, 64.59 feet to the southeast corner of Lot 9, Block B of said Pecan Grove Phase 1; THENCE South 81 degrees 15 minutes 39 seconds East, 64.59 feet along the south line of said Lot 8 to the POINT OF BEGINNING and containing 6,596 square feet or 0.151 acres of land. �E..OF..TF DAN B. VYSEY ... DAN B. RAMSEY ................................ R. P. L. S. 4172 4172 OCTOBE 16, 2015 Ado?vim FESS��•y0 SURv TBPE No. F-136 TBPLS No. 10076000 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B 10-16-15 MOD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt DR2 Drawing: H:\Projects\HOE266 — Pecan Grove\dwg\%HDE266—ESMT OR-2.dwg Saved By. mdavidson Save Time: 10/16/2015 1:37 PM Plotted by. mdavidson Plot Dote: 10/15/2015 1:37 PM EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five —eighths inch capped iron rod found at the southeast corner of Lot 8, Block B and the southwest corner of Lot 7, Block B of the Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE South 08 degrees 44 minutes 21 seconds West, 20.00 feet to a 60 penny nail set at the POINT OF BEGINNING of this easement; THENCE South 08 degrees 44 minutes 21 seconds West, 30.00 feet to a point for corner; THENCE North 81 degrees 15 minutes 39 seconds West, 67.12 feet to a point for corner; THENCE North 75 degrees 28 minutes 34 seconds West, 69.54 feet to a point for corner; THENCE North 69 degrees 41 minutes 30 seconds West, 69.64 feet to a point for corner; THENCE North 63 degrees 54 minutes 25 seconds West, 69.64 feet to a point for corner; THENCE North 58 degrees 07 minutes 21 seconds West, 69.64 feet to a point for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 56.54 feet to a point for corner in the south line of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 49.13 feet to a 60 penny nail set for corner in the south line of said 0.267 acre tract of land; THENCE South 52 degrees 20 minutes 16 seconds East, 16,12 feet to a 60 penny nail set for corner; THENCE South 58 degrees 07 minutes 21 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 63 degrees 54 minutes 25 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 69 degrees 41 minutes 30 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 75 degrees 28 minutes 34 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 81 degrees 15 minutes 39 seconds East, 65.60 feet to the POINT OF BEGINNING and containing 11,256 square feet or 0.258 acres of land. OF DAN B. 134SEY ....: ...................... DAN B. RAMSEY R. P. L. S D. 4172 ..........I ................. 4172 OCTOB R 16, 2015 P P01 p, y S U 0 TBPE No. FA38 TBPLS No. 1007600D DATE DRAWN PROJECT HOE266 16301 QUORUM DRIVE, SUITE 200E 10-16-15 MDD XHOE266—Esmt TEMP2 ADDISON, TEXAS 75001 Drawing: H:\Projects\HDE266 — Pecan Grove\dw9\XHOE266—E5MT TEMP-2.dwg Saved 8y. mdovids So- Time: 10/16/2015 1:20 PM Plotted by. mdovidson Plot Dote: 10/16/2015 1:29 PM CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a request 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. (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. SUMMARY: The zoning request is for C-1 zoning with the addition of mini storage and RV storage. This tract of land is within the Thoroughfare Overlay District which has a higher standard than most commercial areas. This applicant is asking for less than 100 percent masonry which is required. 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 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 as well as sewer service. 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. The Planning and Zoning Commission recommended approval of the zoning request with the conditions of no exception to the Masonry Requirement at their meeting October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. 2015-701 B P Prod Corp Zoning "C-1" & "Planned Development" ("PD") North and South Side Of the of Sam Rayburn Memorial Hwy and W Of & County Roads 507 and 509. 4 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 BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City: and; WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached here to and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located north and south of the Sam Rayburn Memorial Hwy and West of County Road 507/509 is being rezoned from SFE zoning to Planned Development (PD) C-1 Retail plus incorporate mini -storage, boat and RV storage. WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning on the land described in Exhibit A Tract 1 and Exhibit B (Tract 2) from "SF-E" to "PD" with "C-1" retail uses. The Planned Development shall include the following elements: Permitted Uses The permitted uses on the tract will be the same as those permitted in the Restricted Commercial (C-1) district including the following: a) Mini -Storage with no outside storage other than the storage of operable vehicles, recreational vehicles, utility trailers, and boats. Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the provisions of this ordinance shall pertain to the property described herein. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 27th day of October, 2015. ATTESTED: APPROVED: Carrie Smith, City Secretary 1 Mike Crist, Mayor Ordinance 2015-701 (B P Prod Corp Zoning "GI " & "Planned Development" ("PD') 2 EXHIBIT A - Tract 1 Metes and Bounds Description: (7.926 Acres) Being situated in the J. C. Neil Survey, Abstract No. 659, in Collin County, Texas, and being all of that called 7.920 Acre tract of land, known as Tract II, as described by deed to BP Prod. Corp., as recorded in Volume 5497, Page 835, of the Deed Records, Collin County, Texas (D.R.C.C.T.), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with a yellow plastic cop stomped "RPLS 5686' set (herein after referred to as a capped iron rod set) for the southwesterly corner of said Tract II, some being the northwesterly comer of a tract of land described by deed as Tract 1 to Newtune Group, Inc., as recorded under Document No. 20140610000583950, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), some also being in the southeasterly monumented line of State Highway No. 121; THENCE in a northeasterly direction, along said southeasterly monumented line of State Highway No. 121, the following courses and distances: North 51'34'00" East, passing an aluminum TxDot Monument found at a distance of 151.51' and continuing in all a total distance of 279.42' to -on aluminum TxDot Monument found at an angle point; North 54'25'45" East, a distance of 300.37' to o point for corner, from which a wooden right—of,—woy marker found bears, South 83'58'53" West, a distance of 1.22. North 51*34*00" East, a distance of 100.00' to a point for corner, from which a wooden right—of—way marker found bears, South 30'58'53" West, a distance of 0.36; North 48*21'15" East, o distance of 300.37' to a point for corner, from which a wooden right—of—way marker found bears, North 72'28'06" West, o distance of 0.67% ' North 51'34'00" East, a distance of 153.00' to on aluminum TxDot Monument found of on angle point; South 63'41'40" East, a distance of 41.53' to an aluminum TxDot Monument found at an angle point; North 52'34'46" East, a distance of 26.09' to a mag nail set in asphalt, said mag nail being the most easterly northeast corner of said Tract II, said mpg nail also being in the approximate centerline of County Rood No. 507; THENCE South 01'30'33" West, along said approximate centerline of County Rood No. 507, some being the easterly line of said Tract Il, a distance of 713.10' to a 1/2" iron rod found for the southeasterly corner of said Tract II, some being the northeasterly corner of a tract of land described by deed to Alan Wolters and Karen Walters, as recorded under Document No. 20100514000485970, O.P.R.C.C.T.; THENCE North 89'17'23" West, along the common line between sold Walters tract and Tract II, passing at a distance of 361.12', a 1/2" Iron rod with a plastic cop stamped "RPLS 4613" found for the northwesterly corner of said Walters tract, some being the northeasterly corner of said Tract 1, and continuing along the common line between said Tract 1 and Tract II, a total distance of 926.30' to the POINT OF BEGINNING and containing 7.926 acres of land, more or less. �r;'�� 'ee.7 2 Cn MICHAEL�B. ARTHUR µ5686 �� p ���9�d RES5,,,0vetY w,; sUg DATE: 09/02/2015 ZONING EXHIBIT 7.926 Acres in the J. C. Neil Survey Abstract No. 659 Collin County Texas North Texas Surveying, L.L.C. rtip Registered Professional Land Surveyors 1515 South McDonald St., Suite 110, MclGnney, Tx. 75069 Ph. (469) 424-2074'Fax: (469) 424-1997 www.northtexassurveying.com Firm Registration No. 10074200 REVISED: SCALE: 1" = 50' cllx'n. BY: M.B.A. JOB No.: 2003-0612 EXHIBIT B - Tract 2 DESCRIPTION 34.627 ACRES . SITUATED In Collin County, Texas, in the J.C. Neill survey, abstract no. 659; being a survey of part of the 47.135 aura `Tract i" descfibed In a dead from Joan Marie Swalwell, Trustee and Bo Peep Crosson, Trustes to BP Prod. Corp., dated August 28, 2003, r6ccrdeed In volume 5497, page 835 of the Collin County deed records, being described by meters and bounds as follows: BEGINNING at a mag nail set at the northeast comer of said 47.135 arse tract, near the center of Road 509(nortfi-south paved road); THENCE South 0201316" West, with sold Road 509 arW with the east line of said 47.135 acne tract, 553.38 feet to a mag nail set at the east-wLitheast comer of said 47.135 acre tract, In the northwest right-of-way llr* of State Highway 121; THENCE In a southwest direction with the northwest rlght-o -way line of said State Highway 121 and wi h the southeast line of said 47.135'ecrye tract as follows: South 51 *5411" West, 19.45 Beet to a %inch Iron pin at; South 27000'110 West, 90.73 feet to a 60D nail set.In a wood rlght-of-way marker; South 51054111" West, 253.07 feet to a ifi-Inch Iron pin sort; South 54°46'11" West, 300.38 feet to a point from which a wand right-cf-way marker gars S 2104811W W, 1.99 foot; South 51 °54'11" West,100.00 feet to a 1/2-Inch Iran pin South 490021110 West, 300.38 feet to a 1/2-Inch iron pin mot; South 51 °54'11" West 425.58 feet to a 1/2-Inch Iron pin sat at the south-southeast comer of said 47.135 acre tract;; THENCE North 88°5338" West,. Wth the south tine of said 47.135 acre tract, 438.91 fed to a 60D rail set at the southeast comer of the 12:472 =e tract rec6rded as derk's file no. 20090814001023290; THENCE North 00"0900" East, with to east line of said 12.472 acre tract, 1185.92 feet to a 1/24nch Iron pin set at the northeast comer of said 12.472 am tract; same being In the north line of said 47.135 acne try; THENCE easterly with the north lire of said.47.135 am tract as follows: North 76033TW East, 18.28 feet to a 3/84nch Iron pin found; South 8902419" East, 628.58 feet to a ,4-Inch Iron pin found; North 72"17'09" East, 1000.07 feet to the PLACE OF BEGINNING and containing 34.627- acres. Office work completed on August 26, 2015 I = lee Bruce Geer . Registered Professional Land Surveyor, No. 4117 1101 W. University Drlve(U.S. Highway 380) Mcldnney, Texas 75M 972-562-M 972-642-6751 fax Of0090 f,C'tST+ BR. �Q 4117 vie #k. �o SUMS Bearing Base: East line of the 12.472 acm Tract 1 2, recorded as clerk's file no. 20090814001023290 Controlling Monuments: of -Inch Iron pin set at northeast comer and 50d rail set at southeast comer of Bald 12A72 acre tract. C12 WILD ROSE LANE ITE 17 LIMITS 07 LIMITS C�ct ,A,\\7\\ �/ / , \/ — Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27th, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Single Family Estate (SFE). The owners of the property are requesting to change zoning to Planned Development (PD) to accommodate Commercial (C1) zoning classification with the additionally uses of mini -storage, boat and RV storage, and modifying the masonry fagade requirements. The property is located north and south side of the Sam Rayburn Memorial Highway and west of CR. 509 and CR. 507 Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF AN NA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: 10/27/2015 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding an ordinance amending the 2015-2016 Fiscal Year Budget SUMMARY: The proposed amendment includes funding for three distinct requests. The request includes the addition of 2 FTE's and the use of water impact fees to support the construction of the Hackberry Elevated Storage Tank. The table below summarizes the revenues and expenditures associated with each request. Details on each request are included following the table. PD School Resource Officer $ 99,671 $ 99,671 OF — Admin Construction Inspector $ 80,083 $ 80,083 OF — Impact Fees Elevated Storage Tank $ 91,199 f Total $ 270,953 $ 179,754 School Resource Officer: This request is for an additional FTE in the Police Department for a total cost of $99,671. The request is fully funded through a grant award. During the preparation of the FY 16 budget, staff discussed the possibility of a grant award for an additional SRO beyond the SRO included in the FY 16 budget. The Police Department's application was ultimately awarded for a three year grant with no more than $99,671 authorized in each year. The grant funds will be expended as approved in the award to support one SRO position and the associated costs to recruit, equip, and train the officer. Detailed costs are included in the attached exhibit. Construction Inspector: This request is for an additional FTE in the OF Admin Department for a total cost of $80,083. The request would be fully funded through anticipated construction inspection revenue. The FY 15 budget authorized a new construction inspector position in the Utility Fund. This position was responsible to review and inspect infrastructure projects occurring within the City. Previously, the City contracted with Bureau Veritas for the inspection services. The fees previously paid to BV are now kept by the City to pay for this position. There are a growing number of public improvements occurring throughout the City. Both City funded projects and developer funded public improvements are increasing the work load to a point that necessitates an additional inspector. The FY 16 budget included inspection fees of $125,000 to cover the costs of the existing inspector plus replacement of the inspector's vehicle. The City has already received in excess of $100,000 of inspection revenue for the month of Oct. Conservative estimates for inspection revenue for FY 16 are in excess of $500,000. Staff is confident inspection fee revenue will provide for the budgeted amount of $125,000 plus an additional $80,083 for the new position. The new position would use vehicle used previously by the current inspector. This vehicle is a retired police cruiser, while not ideal, it can be used for the new inspector. Detailed costs are included in the attached exhibit. Elevated Storage Tank: Staff received bids for the Hackberry Elevated Storage Tank that exceeded the engineer's opinion of probable cost. Further, the bids included an alternate to upsize the tank from 750,000 gallons to 1,000,000 gallons. When evaluating the bids, we found a 10.5% increase in costs would produce a 33.3% increase in capacity. Some bond funded projects have provided cost savings over the engineer's opinion of probable cost which mitigates the increased budget for the elevated storage tank; however, to fund the 1 million gallon tank an additional $91,199 is needed. In order to take advantage of the increased capacity, staff recommends the use of water impact fees to fully fund the elevated storage tank. As of 9/30/2015 just over $820,000 in water impact fees is available. STAFF RECOMMENDATION: Approve the attached ordinance amending the FY 16 budget. CITY OF ANNA ORDINANCE NO. 2015-702 (2015-2016 FY Budget Amendment) 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. WHEREAS, on September 8, 2015, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2015-2016 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2015-2016 fiscal year budget is hereby amended with respect to its General Fund (Fund 10) and Utility Fund (Fund 60) as set forth in the original budget adopted under Ordinance No. 695-2015 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2015-2016 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. ORDINANCE NO. 2015-702 (2015-2016 FY Budget Amendment) SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED on 27' day of October, 2( ATTESTED: City Secretary, Carrie Smith ORDINANCE NO. 2015-702 (2015-2016 FY Budget Amendment) 2 Total Revenue Increase $ 99,671 Police School Resource Officer Payroll $ 1,264,623 $ 81,647 $ 1,346,270 Police School Resource Officer Supplies $ 98,984 $ 5,800 $ 104,784 Police School Resource Officer Services $ 134,103 $ 12,224 $ 146,327 Total Expenditure Increase $ 99,671 Fund 60 00mr-r-Tr Request Cost Center FY 15 Adopted Budget Proposed Increase Proposed FY 15 Amended Budget Admin Construction Inspector Insepction Revenue $ 125,000 $ OW 80,083 $ Total Revenue Increase $ 80,083 Admin Construction Inspector Payroll $ 320,577 $ 73,083 $ 393,660 Admin Construction Inspector Supplies $ 20,930 $ 4,920 $ 25,850 Admin Construction Inspector Maintenance $ 2,700 $ 800 $ 3,500 Admin Construction Inspector Services $ 119,722 $ 1,280 $ 121,002 Water Impact Fees Hackberry Elevated Storage Tank Capital Expenditures $ - $ 91,199 $ 91,199 _ Total Expenditure Increase $ 171,282 CITY OF AN NA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a contract with Landmark Structures, Inc. for the construction of the Hackberry Elevated Storage Tank (EST) Project. SUMMARY: On September 29, 2015 at 2:30 PM sealed bids were opened for this project. Landmark Structures, Inc. was the apparent low bidder with a base bid of $2,517,000 for the 750,000 gallon tank. Landmark also submitted the low bid for Alternate No. 1 for the 1 Million Gallon (MG) EST of $2,786,000. The City's consulting engineer has reviewed Landmark's statement of qualification and references and finds that they meet the experience qualifications of the bid package and have a record of satisfactorily completing projects similar to the Hackberry Towner project. Funds are available for this project in the 2012 and 2014 Certificates of Obligation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes a contract with Landmark Structures, Inc. for the Alternate No. 1 bid of $2,786,000 for the construction of a 1 million gallon elevated water storage tank. Landmark also submitted bids for Additive Alternate No. 2 (tank lighting) and Additive Alternate No. 3 of (telemetry) which we are not recommending funding under this contract. When the tank bid pricing is combined with telemetry costs and additional engineering expenses expected for the project there is a funding shortfall. This shortfall will be mitigated through a deductive change order in the amount of $157,809.20 (next item on this agenda) and additional funding from water impact fees in the amount of $91,200. u BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. DEREK B. CHANEY, P.E. CRAIG M. KERKHOFF, P.E. Mr. Joseph Johnson, CPM Director of Public Works City of Anna, Texas P.O. Box 776 Anna, TX 75409 Re: Hackberry Elevated Storage Tank Bid Award Recommendation Dear Mr. Johnson: Phone (214) 361-7900 October 14, 2015 www.bhcllp.com We have checked the bids received at 2:30 p.m., Tuesday, September 29, 2015, for the Hackberry Elevated Storage Tank project. We are enclosing six (6) copies of the Bid Summary and Itemized Bid Tabulation. Landmark Structures I, L.P. of Fort Worth, Texas submitted the low Base Bid for the 0.75 MG capacity tank in the amount of $2,517, 000. They also submitted the low Alternate Bid No.1 for the 1.0 MG capacity tank in the amount of $2,786,000. Landmark Structures I, LP's bid also included additive alternate bids for logo lighting in the amount of $125,000 and SCADA System Enhancements in the amount of $28,000. Although these elements are desirable, they are not critical or necessary to the success of the project. Based on the bid amount for these items, it is our opinion the City may be able to add these elements to the project in a more cost effective way using resources other than Landmark Structures I, LP. We have reviewed Landmark's statement of qualifications and references provided and find that they meet the experience qualifications of the bid package and have a record of satisfactorily completing projects similar to this project. Based on the information we have available to us, we recommend that the City accept the bid from Landmark Structures I LP for Alternate Bid No. 1 (1 MG capacity tank) in the amount of $2,786,000. We are available to discuss our recommendation further at your convenience. Sincerely, Gary C. Hendricks, P.E., R.P.L.S. Enclosures CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-119 (Hackberry EST Bid Award) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LANDMARK STRUCTURES, INC. FOR THE HACKBERRY ELEVATED STORAGE TANK PROJECT. WHEREAS, the Elevated Storage Tank is necessary in order to provide adequate elevated storage capacity to the water system as outlined in the 2014 Water Master Plan (the "Project"); and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive bids for the Project; and, WHEREAS, the City of Anna, having solicited competitive bids in accordance with State law, opened said bids on September 29, 2015 at 2:30 P.M.; and, WHEREAS, Landmark Structures, Inc. is the apparent low bidder having submitted a bid of $2,517,000 for a 750,000 gallon tank and Alternate No. 1 bid of $2,786,000 for a 1,000,000 gallon tank; and, WHEREAS, the City of Anna's consulting engineer, having reviewed said bids and bidder's qualifications has recommended award of the contract to Landmark Structures, Inc. in the amount of $2,786,000 for the 1,000,000 gallon tank; and, WHEREAS, there are funds available for this Project in the 2012 and 2014 Certificates of Obligation; and, WHEREAS, the City Council desires to authorize the City Manager to award the Project bid to and execute a contract with Landmark Structures, Inc. for construction of the Project; 0 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes Section 2. Authorization of Contract Award. The City Council hereby approves the contract agreement with Landmark Structures, Inc. for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED on this 27t" day of October 2015. ATTEST: Carrie L. Smith City Secretary RESOLUTION NO. 2015-10-119 (Hackberry EST Bid Award) APPROVED: Mike Crist Mayor QUALIFICATION STATEMENT OF BIDDERS SUBMITTED TO: City of Anna Reviewed by: Date Received: CONTRACTOR: Landmark Structures I, L.P. CIRCLE ONE: ❑ Sole Proprietor Partnership NAME: ADDRESS CITY: PHONE: 817 439-8888 PRINCIPAL PLACE OF BUSINESS: Tarrant Texas COUNTY STATE Landmark Structures I, L.P. 1665 Harmon Rd. Fort Worth ❑ Corporation ❑ Joint Venture (General) PARTNER: _Landmark Structures Management, Inc. ADDRESS: 1665 Harmon Rd. CITY: Fort Worth PHONE: (817) 439-8888 PRINCIPAL PLACE OF BUSINESS: Tarrant _ Texas COUNTY STATE IF THE CONTRACTOR IS A CORPORATION, FILL OUT THE FOLLOWING: STATE OF INCORPORATION: N/A LOCATION OF PRINCIPAL OFFICE: CONTACT PERSONS AT OFFICE: PERSON EXECUTING CONTRACTS ON BEHALF OF CORPORATION: NAME: ADDRESS: _ TITLE: PHONE: CITY STATE ZIP NAMES OF OFFICERS: (IF APPLICABLE) LIST NUMBER OF EMPLOYEES WORKING FOR CONTRACTOR: 283 LIST ALL EQUIPMENT TO BE USED ON THIS PROJECT: (PLEASE USEATTACHMENT) Refer to Elevated Tank Construction Equipment List. NUMBER OF YEARS IN BUSINESS AS A GENERAL CONTRACTOR ON PROJECTS SIMILAR TO THIS PROJECT: 29-Years TYPE(S) OF WORK DONE: (CIRCLE / CHECK) ❑ Asphalt Paving ❑ Storm Sewer ❑ Concrete Paving ❑ Earth Work ❑ Misc. Concrete ❑ Bridge Work ❑ Channel Lining D Demolition ❑ Pump Stations ❑ Landscaping ❑ Water & Sanitary Sewer Lines ❑ Steel Erection ❑ Painting ❑ Fog Seal ❑ Chip Seal t: rry est\s ecs\contract\05- ualification statement doc \clerical\anna\2014-110 hackbe p q - 9 - QU2IIfiC8il0/1 StBtt?I11@I1i LANDMARK Fort Worth, Texas, USA ELEVATED TANK CONSTRUCTION EQUIPMENT Foundation • Forming System • Specialty Foundation Equipment (pier, pile etc.) via Subcontractor • Excavation/Compaction Equipment Concrete Pedestal • Forming Systems - Vertical Wall, Exterior Haunch and Floor Dome • Pedestal Mount Hydraulic Crane with Hydraulic Power Unit • Modular Crane Tower • Floating Interior Scaffold System • Concrete Pump and Miscellaneous Concrete Handling Equipment • Laser Alignment System Steel Tank • Ground Level Modular Tank Jig with Scaffold System • Power Generator/Air Compressor • Welding Power Source and Automatic/Manual Welding Systems • Hydraulic/Conventional Site Crane • Steel Tank Hoisting System Coatings • Abrasive Blast Equipment • Air Compressor with Aftercooler • Graco Extreme 56 Paint Pump • Respiratory Protection • Test & Inspection Instruments Miscellaneous • Transport Equipment, Cargo Trailers, Office Trailers • Site Communications System - Radio • Survey Equipment - Laser, Theodolite, Level • Testing and Inspection Equipment • Miscellaneous Unscheduled Tools • Modular Site Office and Storage Landmark rents all other equipment, including but not limited to: project cranes, man lifts, concrete pumps, scaffolding and small, specialty tools. Concrete Structures: Inlets, Box Culverts, Junction Boxes Other: Elevated Tanks and Tank Repairs COMMENTS: LIST RECENTLY COMPLETED PROJECTS OF THE TYPE OF WORK QUALIFYING FOR OR SIMILAR WORK, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT: PROJECT: Refer to attached Partial Listings of Completed 0.75-MG & 1.0-MG Composite Tanks OWNER/ENGINEER: YEAR BUILT: CONTRACT PRICE: CONTACT PERSON: PHONE: PROJECT: OWNER/ENGINEER: YEAR BUILT. - CONTACT PERSON: PROJECT: _ OWNER/ENGINEER: YEAR BUILT: CONTACT PERSON: CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: PROJECT: OWNER/ENGINEER: YEAR BUILT: CONTRACT PRICE: CONTACT PERSON: PHONE: (USE ATTACHMENTS IF NECESSARr LIST INCOMPLETE PROJECTS, PLUS THE FOLLOWING INFORMATION FOR EACH PROJECT LISTED: PROJECT: Please refer to the attached Partial Listing of Incomplete Projects. OWNER/ENGINEER: PERCENT COMPLETE: CONTRACT PRICE: CONTACT PERSON: PHONE: PROJECT.- OWNER/ENGINEER: PERCENT COMPLETE: _ CONTACT PERSON: CONTRACT PRICE: PHONE: j:\clericahanna\2014-110 hackberry est\specs\contract\05-qualification statement doc - 1 0 - Qualification Statement PROJECT- OWNER/ENGINEER: PERCENT COMPLETE: CONTACT PERSON: PROJECT: OWNER/ENGINEER- PERCENT COMPLETE: CONTACT PERSON: (USE ATTACHMENTS /F NECESSARY) CONTRACT PRICE: PHONE: CONTRACT PRICE: PHONE: IF COMPANY IS UNDER NEW MANAGEMENT, PLEASE LIST NAMES OF STAFF AND QUALIFICATION AND/OR EXPERIENCE OF SAID PERSONS. (PLEASE USEATTACHMENT.) N/A HAVE YOU OR ANY PRESENT PARTNER(S) OR OFFICER(S) FAILED TO COMPLETE A CONTRACT? No IF SO, NAME OF OWNER AND/OR SURETY: N/A CONTACT PERSON: PHONE: ARE THERE ANY UNSATISFIED DEMANDS UPON YOU AS TO YOUR ACCOUNTS PAYABLE? No IF SO, GIVE NAMES, AMOUNTS, AND EXPLANATIONS: BANK REFERENCE: Bank: Wells Fargo Bank, Texas Address: 1400 South Main St. City: Grapevine State: Texas Contact Person: Scott Chitwood Phone: (8171410-7115 MUNICIPALITY REFERENCE: City. - Contact Person: Dan Pedersen Address: 625 East 10th St., Suite 322 Austin, TX 78701 OTHER CREDIT REFERENCES: Name: CMC Tim Bergen, Credit Department Address: P.O. Box 3195 Austin, Texas 78764 Phone: (214) 689-2788 Austin Water Utility Position Zip: 76051 Water Quality Manager Phone: (512) 972-0074 Name.- Metroplex Services Welding Supply Sharon Peterson, Credit Collections Address: 801 E. Northside Dr. Fort Worth, Texas 76102 Phone: (817) 877-0148 pclerical\anna\2014-110 hackberry est\specs\contract\05-qualification statement doe - 11 - Qualification Statement In compliance with Invitation to Bid for above mentioned types of projects, the undersigned is submitting the information as required with the understanding that the purpose is only to assist in determining the qualifications for this organization to perform the type and magnitude of work designated, and further, guarantee the truth and accuracy of all statements made, and will accept your determination of qualifications without prejudice. The surety herein named, any other bonding company, bank, sub -contractor, supplier, or any other person(s), firm(s) or corporations with whom I (we) have done business, or who have extended any credit to me (us) are hereby authorized to furnish you with any information you may request concerning performance on previous work and my (our) credit standing with any of them; and I (we) hereby release any and all such parties from any legal responsibility whatsoever on account of having furnished such information to you. Signed: Chris Lamon Company: Landmark Structures I, L.P. Title: Date: Vice President Landmark Structures Inc., General Partner COPY TO LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY Fidelity and Deposit Company of Maryland Name: POC: Tracey L. Hale Phone: 1 (800) 654-5155 Address: 12222 Merit Dr., Suite 700 City: Dallas State: TX jAderical\anna\2014-110 hackberry est\specs\contract\05-qualification statement. doc - 1 2 - Qualification Statement LANDMARK STRUCTURES I, L.P. BID TO THE CITY OF ANNA, TEXAS - HACKBERRY ELEVATED STORAGE TANK UkN E)MAR K QUALIFICATION STATEMENT - RECENTLY COMPLETED PROJECTS FOR SIMILAR WORK aF PARTIAL LIST OF COMPOSITE ELEVATED WATER STORAGE PROJECTS - 0.75 MG TANKS COMPLETED IN THE LAST FIVE YEARS Contract Location Year Capacity Amount Owner Consulting Engineer Comoletion New Braunfels Utilities Pape -Dawson Engineers, Inc. 263 Main Plaza 555 E. Ramsey New Braunfels, Texas 2008 75 MG $2,234,000.00 New Braunfels, TX 78130 San Antonio, TX 78216 7110 Westpointe 830/629-8400 210/375-9000 Wesley Hamff, P.E. David Hawkins, P.E. City of Taylor Freese and Nichols, Inc. 400 Porter St, 4040 Broadway, Suite 600 Taylor, Texas 2008 .75 MG $4.183,477,00 Taylor, TX 76574 San Antonio, TX 78209 9/10 Murphy Tank (includes 1248) 512/352-3677 210/298-3801 Bill Brown Charles Kucherka City of Norwood Young America Bolton &Menk, Inc. P O Box 59 1960 Premiere Dr, Norwood Young 2008 .75 MG $1,837,000,00 Norwood Young America, MN 55368 Mankato, MN 56001 9/10 America, Minnesota 9521467-1800 507/625-4171 Thomas Simmons John D. Peterson, P.E. ,City of Harrisburg Howard R. Green Company 203 Prairie Street 6010 S. Minnesota Ave., Ste. 102 Harrisburg, South Dakota 2009 .75 MG $1,672,000.00 Harrisburg, SD 57032 Sioux Falls, SD 57106 9/10 ,605r743-2831 605/334-4499 Tana L, Miller P.E. City of Kyle Neptune Wilkinson Associates 100 W. Center St 4010 Manchaca Kyle, Texas 2009 .75 MG $1.267,000.00 Kyle, TX 78640 Austin, TX 78704 8/10 Post Oak Tank .512/262-3960 512/462-3373 Jimmy Haverda John Bartle Hartford Electric & Water Utility Short Elliott Hendrickson, Inc. 1320 West Sumner 425 W. Water Street, Suite 300 Hartford, Wisconsin 2009 .75 MG $1,840,000,00 (Hartford, WI 53027 ,Appleton, WI 54911 9/10 Tower No. 4 262/673-8282 '920/380-2814 (Darnell Wa ner Joseph Hoban, P.E. City of Ottawa Professional Engineering Consultants City Hall - 101 S. Hickory 1263 SW Topeka Blvd. Ottawa, Kansas 2009 .75 MG $2,017,000.00 Ottawa, KS 66067 Topeka, KS 66612 11/10 East Side Tank 785/233-8500 ,Alexander Darby, P.E, City of Mont Belvieu :Schaumburg & Polk, Inc. 10717 Langston Drive IB865 College Street, Suite 100 Mont Belvieu, Texas 2009 .75 MG $1,551,000.00 Mont Belvieu, TX 77580 (Beaumont, TX 77707 10/11 281/576-6147 .409/866-0341 Dan Williams (Nestor A. Barroeta City of Aliceville McGiffert & Associates 419 Memorial Pkwy, NE, 2814 Stillman Blvd. Aliceville, Alabama 2010 .75 MG $1,517,000.00 Aliceville, AL 35442 Tuscaloosa, AL 35402 8/11 Highway 14 Tank 205/373-2559 205-759-1521 Allen McGiffert, P.E. North Dakota State Water Commission Bartlett & West 900 E Boulevard Avenue 3456 E. Century Avenue Beulah, North Dakota 2011 .75 MG $1.492,000.00 Bismarck, ND 58505 Bismarck, ND 58502-1077 8/12 Center Elevated Tank 701/328-2752 701/221-8343 Dale Binstock Jim Lennin ton City of Aledo, TX Freese and Nichols 200 Old annetta Road 4055 International Plaza, Suite 200 Aledo, Texas 2011 .75 MG $1,389,000.00 Aledo, TX 76008 Fort worth, TX 76109-4895 4/13 Elevated Storage Tank 817/441-7016 817f735-7300 Gordon Smith Robert McGee, P.E. City of Gloucester Fay, Spofford & Thomdike, Inc. •9 Dale Avenue 5 Burlington Woods Gloucester, Massachusetts 2012 .75 MG $2.235,000.00 Gloucester, MA 01930 Burlington, MA 01803 11/13 Upgrade Phase 3 Tank 978/281-9792 7811221-1163 Erica Lotz City of Enid/Enid Municipal Authority Professional Eng. Consultants, P.A. .401 West Owen K. Gannott Road 303 South Topeka Enid, Oklahoma 2012 .75 MG $2,372,000.00 'Enid, OK 73702 Wichita, Kansas 67202 11/13 Meadowlake :5801234-0400 316/262-2691 Murali Katta-Muddanna Derek Hake P.E. City of Horseshoe Bay Bury+ Partners, Inc. - City Hall, Al Community Drive 221 West Sixth Street, Suite 600 Horseshoe Bay, Texas 2012 .75 MG $1,652,000.00 Horseshoe Bay, TX 78657 Austin, TX 78701 10113 8301598-B741 512/328-0011 Jeffre A Koska Aldo J. Sotelo, P.E. 1 of 1 — / LANDMARK LANDMARK STRUCTURES I, LP. BID TO THE CITY OF ANNA, TEXAS - HACKBERRY ELEVATED STORAGE TANK QUALIFICATION STATEMENT- RECENTLY COMPLETED PROJECTS FOR SIMILAR WORK —Al I -- rn6aPn.1— W PVATFD 1arATFR CTAR12F PRR I-- t M. TANKc nNMP1 —Hu Tam I A-- VPA- Contract L—don Vear C I Amount Owner Consultln En Ineer Com Jetlon I'.ny Ili - Bay - Bar"PMuars Cty HA A 1 Community Dr T'2t W 61h SI - Sit 600 Horseshoe Bay, Texas 2010 10 MG $1,694.000 00 Horseshoe Bay, TX 78657 Austin, TX 78701 4111 Nest Elevated Tank 630/59"741 1512/328-0011 'Trw S Taylor, PF waimla" Mukegul 1rftes Atlaanea'16ogFeeft '901 Fourth Ave. SW 3101 Frontage Rd South Watertovm, South Dakota 2010 1,0 MG $1,648,000 00 Walenown, SO 57MI Idoomead, MN 56590 8/11 MaI1dIv Water Tcyalt 605/882-62W 2181299-5610 Campbell Bo"P C' Paw.rr.yee Oaal9nCrauP 12773 Slate Route 110 a 166 N MainSt Napoleon, Ohio 20101 0 MG $2,475,000 00 Napoleon OH 43545 Sowgng Green, OH 43402 12/10 1419]592-1010 1419)352-7M7 "an,nNostm Jaclr. P US Army Corps of Engineers FM Wonhfflslrlct 2aC�kiIWW-i9Wp TSS Sowth Cr ford MAvard 6666 N Central Expressway, St. K10, MB13 Fort Bliss, Texas 2010 10 MG $1.934 020 00 Las Cnx,., New.89005 Cabs, Texae 752W 8/11 (AUI I Corp or Engineers) 5751525-2900 214/424-7557 CAB Phase 1118. 4V Rem. Peacher Cairerx Creek water lay McORNrt and Aenu4Etre, LLC 144$2Eerrdae Road 3a14dt5—FVu-.d Northport, Alabama 2010 1..0 MG $1.346.000 00 Nonhpon, Aabama 35475 TVsa+1Aw. Ai1r ma 05401 12/11 2051333-1140 WWS9-1521 Ib Dacca tlebxen PF CAI of PRPeelep Tom Freese and Nichols 306 Man Street 118 NOM T.—Sude 200 Princeton, Texas 2010 10MG $1,986,00000 Prklcx4xl, Tenure 75107 McKinney, Texas 750644354 10M2 214/544fi401 Cxxsla-1 40 v F 'SIx Mile Rural C—.nty W.huDistrlcl rl4vsad•Rvenr4rmryf, Inc. IPO Box 350/214 Lusk Road 110 Weal First Ave, Suite D Six Mile, South Carolina 2010 1.0 MG $1,450,00000 .Six Mia, SC 29682 Easlry, SC 2964o 1112 Daniel Project (Phone: 864-868-0942 11641659-6900 T—O Rawiar City al Baytown, TX HD9AQ6 e:BF Now 500"019 (Municipal Service Center 4635 Southwest F'eavay, Suite 1000 Baytown, Texas 2010 10MG $1.856.00000 2123 Market Street Houston, TX 770W 7/12 North Main Tower IBaylown, TX 77520 713I622-9264 2S7/a,._. David W CRY v1 San Jwn 7YNrn and HIN, I., '709 S Nebraska 115fY. itaina a Skein San Juan, Texas 2009 1 0 MG $1.684,000 00 :San Juan, TX 78569 Edinburg, TX 76541 1111 Ridge Road Tank 1356RG2-6400 !956/381-Ml City of Marble Falls IPBS 5 J Engineers 1001 2nd Street 15504 Bridge Point Pevy Sute 200 Marble Falls, Texas 2009 1 0 MG $1.926.200 00 1Marble Faus, TX 78654 (Austin, Tx 76730 8/10 Flatrock Tank 0301693-2551 1512(342-3235 er Malkernus Eke Hanmmiez;E tT ':'rtyW Parker IBirkhaH, Hendricks a Conway LLP 157M E Parker Rd 11910 Greenville Ave., #600 Parker, Texas 20D9 1 0 MG $2.344.000.00 Parker, TX 75002 Doha, TX 75243 1/11 City Hall Tank 1)72/442-6811 214/Wl-79W Jee C—lul John Birkho P E I:dy of RicNana J-U1 B c Engineers, In 1. Northgla Dr 275 S Filth Ave Richland, Washington 2009 1 0 MG $2,644,995.74 Richland, WA 99352 IPecalello, ID 83201 7/12 Horn Rapids Reservoir :i09/942-7540 208I232-1313 Jay Marlow. PF Alan W PE Gtllelufary TroAt UINV Au ferdy (Search. Inc 910/3B47B34 1z W 7akA SuN 104 Thackervllle, Oklahoma 2009 10MG $2,010,00000 IMarguerte M.1o.-y (Norman OK7 1/11 WinStar Golf Tower 405r164-o900 Forrv, SkeaMn city of D— ur, P.M.Services BMnkdollo c w N 4r'm Aswc4Aita I, %u. Center Nt, Gary K Anderson Plaza 1670 S, Taylorvele Road Decatur, Illinois 2009 1.0 MG $2.566.000. 00 Decatur, IL 62523 (Der W, IL 62521 12111 2171424-2747 '217/423-6600 Ka1h AlwandI &a—G. Bainbr' PE P L S City of Garden Rage (River City Engineering, Ltd 1:ity Hat / 9400 Municipal Partway 1011 W County Line Rd., Suite C Garden Ridge, Texas 2009 1..0 MG $1.735.000. 00 Garden Ridge, TX 782M Nev, Br —fiefs, TX 78130 1/11 FM 3009 Plant ':1101651-6831 Y130/626356a I P Town of Mallapoisett IEanh Tech I AECOM 19 County Road I PO Be. 474 300 Baker Avenue, Suite 290 Mattapelsett, Massachusetts 2009 1.0 MG $1,763,000,00 MallapauR, MA 02739 ncord, MA 01742 7111 Bay Club Tank 508USB-4161 13781371-4000 ern T Gri AfWgMW AeeeL IxTA Tator 2401 Courtlouse Or P07B 791h St Virginia Beach, Virginia 2008 1 0 MG $3,565,000 00 V'rg'na Beach, VA 23455 Vug. Uwk VA 2$f5l 11/10 29th Street Tank 757/385-4171 757I9664856 - Mk4' PE. .too P E KTA-Rirhmnnd ofirel 137rdaFPubaeWNL &—A fKl—c.061gAlwrnp 400 E Kansas Ave 0400 Ward Parkway McPherson, Kansas 200E 1.0 MG $1,896,00(k00 (McPherson, KS 67460 Kansas City, MO 64114 3110 1520/245-2525 1316/822-3514 Rv- Scout (city at Taylor FrI1a0 and bwj o* Inc A00 Pone' SI. .1040 Broadway, Suite 600 Taylor, Texas 2008 1 0 MG $4,183,477 00 'Taylor, TX 76574 Ban Aroma, a, TX 78209 9110 West Tank (includes 1247) I512/352-3677 21012983Wl own esHuchwka. GRy of Gravepe LtcGoodlkdtw&.m{, a Yates. Irw 1304 First Ave SE �909 Rolling Hills Dr Gravette, Arkansas 2006 1 0 MG $1.842.000 00 'Grave#, AR 727M Fayetteville, AR 72703 V10 ,479l797-601B 4791443-3404 __. a4 .11 Ve�E �ctr of son Marn:os awl P1far.rNf Atl>oC6Mel.lt- 1530 E Hopkku St 6300 La Calms, Suite 400 San Marcos, Texas 2008 1 0 MG $2,685,000. 00 Sm 0—. Tx 78658 Austin, TX 78752 12/10 Cottonwood Creek I512J3553-0444 512)452-5905 Town of Patnf Id 9~, Fafrrwn A SW *K 206 W Main St wo Wea lied Blvd. Suite 300 Plainfield, Indiana 2008 1.0 MG $2,395,00000 Plainfield, IN 46168 pkdel IN g624o 6/11 North East Touter '117/8392561 900r163 63 Man R i,1 J Cay of Vktorville Performed by Owwr 14343 CIVIC Drive Vletefvllle, California 2006 1 0 MG $2.849.000 00 Viclonnle, CA 92392 8110 Recyle Tank :760/9552742 (Dave Fisher l._ANDMARK f LANDMARK STRUCTURES I, L.P. BID TO THE CITY OF ANNA, TEXAS - HACKBERRY ELEVATED STORAGE TANK QUALIFICATION STATEMENT - INCOMPLETE PROJECTS PARTIAL LIST OF INCOMPLETE ELEVATED WATER STORAGE PROJECTS NAME/LOCATION CONTRACT AMOUNT SCHEDULED (DESCRIPTION STATE SIZE OWNER ENGINEER PRICE COMPLETE COMPLETION CAMP LEJEUNE III - NC 3 25 MG NAVFAC Virginia AECOM / Earth Tech $7,829,000 51% 09/2015 Four Composite Elevated Tanks Total 9742 Maryland Ave, Bldg Z-144 Campbell, Reid - 919 854 7748 Norfolk, VA 23511 Mitchell, Larry W. -919 854 6235 Watkins, Greg -919 8546224 701 Corporate Center Drive, Suite 475 Raleigh, NC 27607 DURANT IV OK 0.5MG City of Durant Wall Engineering Group $1,777,000 45% 09/2015 Composite Elevated Tank PO Box 578 PO Box 140 Durant, OK 74701 Hugo, OK 74743 Brandon Wall, President (580)317-4104 DURHAM NC 1.5 MG City of Durham Hazen & Sawyer, P.C. $3,775,000 29% 09/2015 Composite Elevated Tank 101 City Hall Plaza 4011 West Chase, Blvd„ Suite 500 Durham, NC 27701 Raleigh, NC 27607 Stephen Leitch - (919) 833-7152 ADA OK 1.0 MG City of Ada Performed by Owner $1,838,000 64% 10/2015 Composite Elevated Tank 231 S. Townsend Ada, OK 74820 Gary Kinder II, P.E., Director of Engineering (580)436-6300 GREATER UPPER MARLBORO MD 2 X 'WA Suburban Sanitary Commission 'Whitman, Requardt & Assoc., Inc. $9,385,000. 60% 10/2015 Two Composite Elevated Tanks 2.00 MG 14501 Sweltzer Lane Tiburzi, Dominic M. - 443 224 1541- Associate (Laurel, MD 20707 '801 South Caroline Street (Baltimore, MD 21231 LINDALE TX 0.5 MG City of Lindale KSA Engineers, Inc. $1,563,000 18% 11/2015 Composite Elevated Tank 201 N.Main Walter (Tracy) Hicks - (903) 581-8141 Lindale, TX 75771 6781 Oak Hill Blvd. Tyler, TX 75703 'WRIGHT WY 1.00 MG Wright Water & Sewer District HDR Engineering, Inc. $2,228,200 21% 11/2015 Composite Elevated Tank 15009 Highway 387 Dave Myers - (307) 682-8936 Wright, WY 82732 601 Metz Drive Gillette, WY 82717 IFRUITPORT MI 1.0 MG West Michigan Regional Water Authority URS Corporation $2,229,000 49% 12/2015 iComposite Elevated Tank 4814 Henry Street (616) 574-8500 Norton Shores, MI 49441 3950 Sparks Drive SE Grand Rapids, MI 79546 MCKINNEY TX 3.0 MG City of McKinney Kimley-Horn & Associates, Inc. $5,447,000 38% 12/2015 Composite Elevated Tank 222 North Tennessee Street Samarripas, Anthony - 972 7701300 McKinney, TX 75069 Shelton, Mike - 704 333 5131 2000 South Blvd. Charlotte, NC 28203 CHESTERFIELD COUNTY VA 2.0 MG Chesterfield County Utilities Austin Brockenbrough & Assoc., LLP $4,920,000 43% 01/2016 Composite Elevated Tank P.O. Box 608 Haas, Jeffrey.]. - 804 592 3902 - Civil Engineer Chesterfield, VA 23832 Mathis, Nate -8045923912-Project Manager 1011 Boulder Springs Drive, Suite 200 Richmond, VA 23225 VERONA VA 0.75 MG .Augusta County Service Authority Peed & Bortz, LLC $1,768,000 35% 01/2016 Composite Elevated Tank Box 859 Martin Jansons - (540) 394-3214 Verona, VA 24482 20 Midway Plaza Christianburg, VA 24073 FORT THOMPSON - SO 0.50 MG Indian Health Service Performed by Owner $2,110,000 23% 02/2016 CROW CREEK RESERVATION (605) 226-7549 Composite Elevated Tank 115. 4th Avenue, SE, Room 309 Aberdeen, SO 57401 BELTON MO 3.0 MG City of Belton - Public Works Ponzer-Youngquist $4,570,000 58% 04/2016 (Composite Elevated Tank :506 Main Street John Brann III, Project Engineer- (913) (Belton, MO 64012 782-0541 227 East Dennis Avenue ,Olathe, KS 66061 ROCK HILL IV - SC 0.75 MG City of Rock Hill 'Wiedeman and Singleton, Inc. $3,540,000 0% 04/2016 (LAUREL STREET 757 S. Anderson Road Troy Began, President - (803) 329-2944 Composite Elevated Tank Rock Hill, SC 29731 131 East Main Street, Suite 300 (Rock Hill, SC 29730 PLEASANTON TX 1.25 MG City of Pleasanton (Klein & Cope Engineering $1,767,000 11% 05/2016 Composite Elevated Tank 108 Second St. 18611 Botts Lane Pleasanton, TX 78064 'San Antonio, TX 78217 (Brian Cope 210 828-7070 1 of 2 9/18/2015 LANDMARK NAME/LOCATION CONTRACT AMOUNT SCHEDULED DESCRIPTION STATE SIZE OWNER ENGINEER PRICE COMPLETE COMPLETION WARREN TOWNSHIP OH 0.75 MG Warren Community Water & Sewer Assoc. Briggs Engineering $2,893,000 23% 10/2016 Composite Elevated Tank & R. R. 4, Box 120 iRyan Briggs - (614) 771-5555 0.40 MG Marietta, OH 45750 .4500 Dublin Road Columbus, OH 43221 COLUMBIA SC 3 X City of Columbia Kimley-Horn & Associates, Inc. $14,738,000 25% 11/2016 Composite Elevated Tanks 2.0 MG PO Box 147 Kevin Carter - (919) 677-2212 Columbia, SC 29217 3001 Weston Parkway Cary, NC 27513 ANNE ARUNDEL CO. VII - MD 2.0 MG ,Anne Arundel County Hazen & Sawyer, P.C. $4,761,000 1% 03/2017 BROAD CREEK II 2662 Riva Road - Floor 4 Martin Jansons - (410) 539-7681 Composite Elevated Tank Heritage Office Complex One South Street, Suite 1150 Annapolis, MD 21401 Baltimore, MD 21202 2 of 2 9/18/2015 QUALIFICATION STATEMENT OF BIDDER'S SURETY SUBMITTED TO: City of Anna BIDDER: Landmark Structures I, L.P. ADDRESS: 1665 Harmon Rd., Fort Worth, Texas 76177 PHONE: 817) 439-8888 1. Has this surety furnished contract bonds on contracts now complete? Yes 2. Has this surety furnished contract bonds on contracts now incomplete? Yes 3. What is the maximum bonding capacity of this Contractor? $100 Million 4. Is the current financial information on this Contractor satisfactory? Yes 5. Does information obtained indicate accounts are paid when due? Yes If not, give details: 6. Is it your opinion that the bidder has sufficient experience and financial resources to satisfactory perform the contract? Yes 7. Provided this bidder does not assume other commitments or that you do not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified? Yes REMARKS: SURETY: Fidelity and Deposit Company of Maryland SIGNED: Michael Gross TITLE: Attorney -in -Fact ADDRESS: c/o ZURICH, 1400 American Lane CITY: Schaumburg STATE: IL ZIP: 60196 PHONE: (IN DUPLICATE) jAclerical\anna\2014-110 hackberry est\specs\contract\05-qualification statement doc - 1 3 - Qualification Statement PREVAILING WAGE RATES FOR MUNICIPAL CONSTRUCTION IN ANNA, TEXAS General Decision: TX150028 TX28 Date: 01 /02/2015 Construction Types: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Rates are for Heavy — Water & Sewer Lines / Utilities (including Related Tunneling where the Tunnel is 48" or less in diameter) construction projects only. For other wage rates or for updated rates, please the Texas General Decision County Index located at http://www.gpo.gov/davisbacon/tx.htmi jAdericakanna\2014-110 hackherty es6specs\contract\06-wage rates, docx - 1 4 - Prevailing wage Rates General Decision Number: TX150028 01/02/2015 TX28 Superseded General Decision Number: TX20140028 State: Texas Construction Type: Heavy Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall Counties in Texas. Water and Sewer Lines/Utilities (Including Related Tunneling Where the Tunnel is 48" or Less in Diameter) Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * PLUM0100-002 07/01/2013 Rates Fringes Plumbers and Pipe£itters......... $ 28.88 6.83 SUTX1991-004 09/23/1991 Rates Fringes Laborers: Common ......................$ 7.25 Utility .....................$ 7.467 Pipelayer ........................$ 7.828 Power equipment operators: Backhoe..................... $ 10.804 Crane .......................$ 10.942 Front End Loader ............ $ 9.163 Tunneling Machine (48" or less) .......................$ 9.163 TRUCK DRIVER .....................$ 8.528 ----------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 1 of 4 http://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v=O 3/24/2015 j:\cledca1\anna\2014-I 10 hackberry est\specs\contract\06-wage rates does - 1 5 - Prevailing wage Rates Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a Page 2 of 4 http://www.wdol.gov/wdoUscafiles/davisbacon/TX28.dvb?v=O 3/24/2015 ry est\s a - 16 - Prevailing Wage Rates \clerical\anna\2014-110 hackber ecs\contract\06-wage a rates-docx new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Page 3 of 4 http://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvbN=O 3/24/2015 jAclericahanna\2014-110 hackberry est\specs\contract\06-wage rates. docx - 1 % - Prevailing wage Rates Page 4 of 4 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/TX28.dvb?v-0 3/24/2015 jAdericahanna\2014-110 hackberry es6specs\contract\06-wage rates docx - 1 8 - Prevailing wage Rates VENDORS COMPLIANCE TO STATE LAW Texas Government Code, Chapter 2252, Subchapter A provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state Contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section 4 must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident Contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. W1 :3 ❑ Non-resident vendors in business, are required to be A copy of the statute is attached. (give state), our principal place of percent lower than resident bidders by state law. ❑ Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. ® Our principal place of business or corporate office is in the State of Texas. BIDDER/OFFEROR: Landmark Structures I, L.P. Company: Address: 1665 Harmon Rd, Fort Worth, Texas 76177 City State Zip Phone: (817) 439-8888 Chris Lamon (please print) Signature: Title: Vice President _ Landmark Structures Management, Inc., General Partner THIS FORM MUST BE RETURNED WITH YOUR QUOTATION j:\clerical\anna\2014-110 hackberry est\specs\contract\07-vendors compliance doc - 1 9 - Vendors Compliance to State Law CONFLICT OF INTEREST QUESTIONNAIRE jAcledcal\anna\2014-110 hackberry est\specs\contract\08-conflict of interest doc - 20 - Conflict of Interest CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationshipas defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes awa re of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 21 Name of person who has a business relationship with local governmental entity. N/A 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F7 Yes El No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ® No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? F7 Yes EJ No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 j1clericaRanna\2014-110 hackberry est\specs\contract\08-conflict of interest doc - 21 - Conflict of Interest AFFIDAVIT AGAINST PROHIBITED ACTS hereby affirm that I am aware of the provisions of Texas Penal Code Section 36.02, 36.08, 36.09 and 36.10 dealing with Bribery and Gifts to Public Servants. I further affirm that will adhere to such rules and instruct and require all agents, employees, and sub -contractors to do the same. I am further aware that any violation of these rules subjects the Contract Agreement for this project to revocation, my removal from bid lists, prohibiting future contract/subcontract work, revocation of permits, and prosecution. Chris Lamon, Vice President Landmark Structures Management, Inc., General Partner ATTEST (if corporation) Date Date jAderical\anna\2014-110 hackberry est\specs\contract\09-affidavit doc - 22 - Affidavit Against Prohibited Acts PROPOSAL AND BID FORM jklerical\anna\2014-110 hackberry est\specs\contract\10-p&bs-1 doc 23 Proposal and Bid Form PROPOSAL AND BID FORM Proposal of: Landmark Structures I, L.P. Address: 1665 Harmon Road, Fort Worth, Texas 76177 (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Anna, Texas (hereinafter called "Owner") Deadline for Submission of Sealed Competitive Bid: 2:30 p.m., Tuesday, September 29, 2015 Date of Sealed Bid Opening: 2:30 p.m., Tuesday, September 29, 2015 Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of: HACKBERRY ELEVATED STORAGE TANK for the City of Anna, Texas, having carefully examined the plans, specifications, notice to bidders, invitation to bid and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the prices stated. The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project within ten (10) days of receipt of written "Notice to Proceed" and to fully complete the project within Three Hundred Sixty - Five (365) consecutive calendar days, thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum quoted below for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time of completion is of the essence for this project. For each day that any work shall remain uncompleted after the time specified in the proposal and the Contract Agreement, or the increased time granted by the OWNER, or as equitably increased by additional work or materials ordered after the Contract Agreement is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the CONTRACTOR: jAdericahanna\2014-110 hackberry est\specs\contract\10-p&bs-1 doc -24- Proposal and Bid Form AMOUNT OF CONTRACT Less than $25,000.00 $25,000.00 to $99,999.99 $100,000.00 to $999,999.99 More than $1,000,000.00 AMOUNT OF LIQUIDATED DAMAGES $100.00 Per Day $500.00 Per Day $500.00 Per Day $500.00 Per Day The sum of money thus deducted for such delay, failure or non -completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the CONTRACTOR shall be in default after the time stipulated in the Contract Agreement for completing the work. The said amounts are fixed and agreed upon by and between OWNER and CONTRACTOR because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER in such event would sustain; and said amounts are agreed to be the amounts of damages which the OWNER would sustain and which shall be retained from the monies due, or that may become due, the CONTRACTOR under the Contract Agreement; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or its surety shall pay any additional amounts due. In the event that the actual damages incurred by the OWNER exceed the amount of liquidated damages, OWNER shall be entitled to recover its actual damages. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days from date of bid opening until the date that the project is awarded by the City Council. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications, and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has proposed, as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for: 5% Greatest Amount Bid Dollars ($5% GAB), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. jAdencahanna\2014-110 hackberry est\specs\contract\10-p&bs-1 doc -25- Proposal and Bid Form Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Invitation to Bid. The Contractor's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the Proposal, or elsewhere, is approximate only and not guaranteed. The Owner does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim will be made for anticipated profits for any decrease in profits. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit bid prices. jAclericahanna\2014-110 hackberry est\specs\contract\10-p&bs-1 doc - 26 d Proposal and Bid Form CITY OF ANNA, TEXAS Hackberry Elevated Storage Tank BID SCHEDULE BASE BID Item Estimated !}rice III Extended No. Quantity Unit Description and Price in Words Figures Amount]I Constructing 0.75-MG Composite Elevated Steel Water Storage Tank (Reinforced Concrete Column and 0.75-MG Welded Steel Tank), in rdance with AWWA Standard D 107-10 inckidi 11 Instrumentation, Controls, Electrical, Tan ' ing, Containment ern for Exterior Blasting & 'ng, umidification System, all Site Work site rm Drainage Utilities, Fend Appurtenances sed in 1 I L.S. these D ents $ 2,117,000.00 $ 2,117,000.00 piete in place, the sum of Two Million, One Hundred Seventeen Thousand Dollars and No Cents 2er Lump Sum For Painting the "Anna" Logo on the Exterior of 2 3 Ea. the Tank Bowl $ 5,000.00 $ 15,000.00 complete in place, the sum of Five Thousand Dollars and No Cents per Each 3 1 L.S. Storm Water Pollution Prevention Plan $ 1,603.00 $ 1,603.00 complete in place, the sum of One Thousand, Six Hundred Three Dollars and No Cents per Lump Sum Implementation of Storm Water Pollution 4 1 L.S. Prevention Plan $ 2,000.00 $ 2,000.00 complete in place, the sum of Two Thousand Dollars and No Cents per Lump Sum J-\Clerical\Anna\2014-110 Hackberry EST\Specs\Contract\1 I-P&BS-2 xlsx - 27 - Proposal and Bid Fonn BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount 5 Preparation and Submitting to the City a Trench Safety Plan that is in accordance with latest 1 L.S. OSHA Standards $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Lump Sum Furnish & Install a Complete Excavation Safety & Support System in Full Accordance with $ 1,000.00 6 1 L.S. latest OSHA Standards $ 1,000.00 $ 1,000.00 complete in place, the sum of One Thousand Dollars and No Cents per Lump Sum Furnish, Install, Maintain & Remove Traffic 7 1 L.S. Control Devices $ 2,000.00 $ 2,000.00 complete in place, the sum of Two Thousand Dollars and No Cents per Lump Sum For Electrical Service from Grayson -Collin 8 1 L.S. Electric Cooperative (GCEC), Bid Allowance $ 50,000.00 $ 50,000.00 complete in place, the sum of Fifty Thousand Dollars and No Bid Allowance Cents per Lump Sum Furnish, Install and Maintain Hydromulch 9 7,882 S.Y. Seeding $ 1.00 $ 7,882.00 complete in place, the sum of One Dollars and No Cents per Square Yard J:\Clerical\Anna\2014-110 Hackberry EST\Specs\Contract\11-P&BS-2 xlsx - 28 - Proposal and Bid FORA BASE BID Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Construct Access Road (5-Inch, Type "C" 10 820 L.F. HMAC on 6-inch Flexible Base) $ 70.00 $ 57,400.00 complete in place, the sum of Seventy Dollars and No Cents per Linear Foot 11 741 S.Y. Construct 8-Inch Reinforced Concrete $ 65.00 $ 48,165.00 complete in place, the sum of Sixty -Five Dollars and No Cents per Square Yard 12 1,010 L.F. Furnish & Install 8-Foot Ornamental Fence $ 90.00 $ 90,900.00 complete in place, the sum of Ninety Dollars and No Cents per Linear Foot 13 1 Ea. Furnish & Install 22-Foot Cantilever Gate $ 10,000.00 $ 10,000.00 complete in place, the sum of Ten Thousand Dollars and No Cents per Each 14 3,000 C.Y. Roadway & Unclassified Excavation $ 15.00 $ 45,000.00 complete in place, the sum of Fifteen Dollars and No Cents per Cubic Yard 15 123 L.F. Furnish & Install 16-Inch (DR-18) Water Line $ 350.00 $ 43,050.00 complete in place, the sum of Three Hundred Fifty Dollars and No Cents per Linear Foot I TiericaRAnna\2014-110 Hackberry EST\Specs\Contract\11-P&BS-2 xlsx - 29 - Proposal and Bid Forrn BASE BID Item Estimated Price in Extended No. I Quantity Unit Description and Price in Words Figures Amount 16 53 L.F. Furnish & Install 6-Inch (DR-18) Water Line $ 100.00 $ 5,300.00 complete in place, the sum of One Hundred Dollars and No Cents per Linear Foot 17 1 Ea. Furnish & Install 6-Inch R. S. Gate Valve $ 3,700.00 $ 3,700.00 complete in place, the sum of Three Thousand, Seven Hundred Dollars and No Cents per Each 18 1 Ea. Furnish & Install Fire Hydrant $ 6,000.00 $ 6,000.00 complete in place, the sum of Six Thousand Dollars and No Cents per Each 19 4 Ea. Furnish & Install Concrete Bollards $ 500.00 $ 2,000.00 complete in place, the sum of Five Hundred Dollars and No Cents per Each Furnish & Install 2-Inch Outlet and Assembly, including Backflow Preventer, Meter Box, 20 1 Ea. Irrigation Stub and Hose Bib $ 8,000.00 $ 8,000.00 complete in place, the sum of Eight Thousand Dollars and No Cents per Each AMOUNT OF BASE BID (Items 2 Through 20) $ 400,000.00 I:\ Clerical\Anna\2014-110 Hackberry EST\Specs\Contract\11-P&BS-2 xlsx - 30 - Proposal and Bid Form ALTERNATE BID NO. 1 Item Estimated Price in Extended No. Quantity Unit Description and Price in Words Figures Amount Constructing 1.0-MG Composite Elevated Steel Water Storage Tank (Reinforced Concrete Column and 1.0-MG Welded Steel Tank), in accordance with AWWA Standard D107-10 including All Instrumentation, Controls, Electrical, Tank Piping, Containment System for Exterior Blasting and Painting, Dehumidification System, all Site Work, Offsite Storm Drainage Utilities, Fencing and IA 1 L.S. Appurtenances Proposed in these Documents $ 2,386,000.00 $ 2,386,000.00 complete in place, the sum of Two Million, Three Hundred Eighty -Six Thousand Dollars and No Cents per Lump Sum AMOUNT OF ALTERNATE NO. 1 (Items 1A + Base Bid Items 2 thru 20) A $ 2,786,000.00 ADDITIVE ALTERNATE BID NO. 2 Item F&qirnated Price in E_:xt cd No. Qu ity Unit Description and Price in Words Figures 'Mount 2A 1 S. 'Furnish & Install Logo Lights $ 125,000.0 $ 125,000.00 complete in place, the sum of One Hundred Twenty -Five Thousand Dollars and No Cents per Nknp Sum AMOUNT OF ADDITIVE ALTERNAT , NO. 2 (Item 2A) $ 125,000.00 ADDITIVE ALT ATE BID NO. 3 Item No. Estimated Quantity Unit Descri t' and Price in Words:1 Price in Figures Extended Amount Furnish & In l Substitute SCADA System Enhance nts, including New Master PLC, Modi ations to Programming, Radio Equipment 3A 1 L.S. a All Appurtenances $ 000.00 $ 28,000.00 complete in place, the sum of Twenty -Eight Thousand Dollars and No Cents er Lum Sum OUNT OF ADDITIVE ALTERNATE NO. 3 (Item 3A) $ 28,000. J:TlericakAM a\2014-110 Hackberry EST\Specs\Tech-Spec\11-P&BS-2 xlsx - 31 - Proposal and Bid Fonn CITY OF ANNA, TEXAS Hackberry Elevated Storage Tank SUMMARY OF BID AMOUNT OF B AMOUNT OF ALTERNATE NO. 1 (Items 1A + Base Bid Items 2 thru 20) AM�_OF ADDITIVE ALTERNATE NO. 2 (Item 2A) OF ADDITIVE ALTERNATE NO. 3 (Item 3A) $ 2,517,000.00 2,786,000.00 .00 JA0cHca1\Anna\2014-110 Hackberry EST\Specs\Contract\I I-P&BS-2.xlsx - 32 - Proposal and Bid Form BID PROPOSAL FOR HACKBERRY ELEVATED STORAGE TANK Notice of award will be mailed to the undersigned at the following addresses: Landmark Structures I, L.P. Contractor Chris Lamon, Vice President Landmark Structures Management, Inc., General Partner 1665 Harmon Rd., Fort Worth, Texas 76177 Principal Place of Business (Corp. Seal if Bidder is Corporation) Attest: Secretary: Glenda Cu William Fields Acknowledgment is hereby made of receipt of the following Addenda, if any: No. 1 Date: September 9, 2015 No. 2 Date: September 21, 2015 No. 3 Date: September 24, 2015 List Subcontracts (Company name, contact number and type of work): Sun Tech (Electrical) Nathan Reed (512) 805-6100 Tridal (Site Works) Tony Burton (817) 424-4351 jAderical\anna\2014-110 hackberry est\specs\contract\12-p&bs-3.doc - 33 - Proposal and Bid Fonn REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAX Date: TO: City of Anna, Texas Municipal Building 111 N. Powell Parkway Anna, TX 75409 RE: HACKBERRY ELEVATED STORAGE TANK The undersigned Contractor hereby requests a Certificate of Exemption from the Texas Limited Sales, Excise, and Use Tax in the amount of ($ ), which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject property. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the Contract Agreement to the full extent or the amount for which such Certificate of Exemption is requested. Landmark Structures 1, L.P. Company Chris Lamon (please print) Signature: Vice President Title: Landmark Structures Management, Inc., General Partner 1665 Harmon Rd. (Seal if a Corporation) Address Fort Worth, Tarrant County, Texas 76177 City, County, State and Zip (817) 439-8888 (817) 230-2070 Telephone Fax jAderical\anna\2014-110 hackberry est\specs\contract\12-p&bs-3 doc -34- Proposal and Bid Form CONTRACT AGREEMENT THIS Hackberry Elevated Storage Tank Contract (hereinafter this "Contract Agreement") entered into this 27th day of October , 2015 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and Landmark Structures I, L.P. ("Contractor"), located at 1665 Harmon Rd., Fort Worth. Texas 76177. WITNESSETH: WHEREAS, the City wishes to contract for the project identified as Hackberry Elevated Storage Tank (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): HACKBERRY ELEVATED STORAGE TANK in accordance with the Contract Documents as that term is defined herein; and WHEREAS, the Contractor has represented to the City that its personnel are qualified to provide the Work required in this Contract Agreement in a professional, timely manner as time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; and WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid construction be entered into with the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. DOCUMENTS INCORPORATED BY REFERENCE This Contract Agreement includes the recitals set forth above and the following documents: Invitation to Bid; Notice to Bidders; Qualification Statement of Bidders; Qualification Statement of Bidder's Surety; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal and Bid Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Bidders Bond; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; jAdericahanna\2014-110 hackberry est\specs\contract\13-agreemenf_doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to bidder for his inspection in accordance with Invitation to Bid,' all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a part hereof (hereinafter along with this Contract Agreement and referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract Documents. Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Contract Agreement, this Contract Agreement shall control. Section 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all of the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. Section 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor with no increase to the Contract Price; If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. j:\clerical\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-2 Contract Agreement 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters —other than compliance with time limits, providing an updated schedule, and claim and change order procedures —the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) as between this Contract Agreement and any other document, this document shall govern; or, (2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, and such conflict is not resolved by reference to the Supplementary General Provisions and Technical Specifications, then the Contractor shall notify the City immediately upon discovery of same for resolution. Section 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties or expressly excluded by specific reference, in accordance with the terms herein. 4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and endorsement(s); jlderical\anna\2014-110 hackberry es6specs\contrac1\13-agreement doc CA-3 Contract Agreement 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Completion (as defined herein below) of the Project not more than Three Hundred Sixty -Five (365) consecutive calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) inclement weather days. By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/engineer or other appropriate independent contractor or representative and approved by the City, the Project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages jAclericahanna\2014-110 hackberry est\specs\contract\13-agreement doc CA-4 Contract Agreement sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this section by giving written notice to the City Manager within 10 calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 10 calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every 10 calendar days. Within 10 calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, jAdericahanna\2014-110 hackberry est\specs\contract\13-agreement doc CA-5 Contract Agreement obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. Section 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of Two Million Seven Hundred Eighty -Six Thousand Dollars and No Gents ($2,786,000.00). The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Section 6 and as set forth here: (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. At 75% completion of the Contract, by dollar value, and at the option of the City, retainage may be reduced to 5% plus an additional amount as detailed in Section 6.06 below for any part of the Work that is defective or non -conforming and in Section 5.02 above for anticipated liquidated damages. (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the work is jAclericahanna\2014-110 hackberry est\specs\contract\13-agreement doe CA-6 Contract Agreement as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of the Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; jAdericahanna\2014-110 hackberry est\specs\contract\13-agreement doc CA-7 Contract Agreement (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with such demand. The City's rights hereunder survive the term of this Contract Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. j:\c9edcal\anna\2014-110 haekberry es6specs\cantrae613-agreement doc CA-8 Contract Agreement Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. 8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. jAcledcahanna\2014-110 hackberry est\specs\contract\13-agreement doe CA-9 Contract Agreement Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing, or if through exercise of reasonable diligence it should have known that such work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and shall correct same bearing the costs set forth in Section 3.08 above. 9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents; 9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all work it performs under the Contract, and not as an agent, employee, or representative of the City; 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of the Contract. Any work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION j:\dericahanna\2014-110 hackberry est\specs\contract\13-agreement doc CA-10 Contract Agreement If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior to submittal of the first application for payment. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Contract Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the work and any materials on any such site, without formality or other procedure. jAdericaKanna\2014-110 hackberry esl\specs\conlract\13-agreement.doc CA-11 Contract Agreement 9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property- (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Section 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Section 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the Owner that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. jAc1erica1\anna\2014-110 hackberry est\specs\contract\13-agreement doe CA-12 Contract Agreement Section 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnifV and hold the City harmless against any and all expenses and liabilities arisin out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law, City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses whether in contract or in _tortincluding personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to enforce this Section 10) which in whole or in part are caused by the negliaence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Contract Agreement. 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injur ry or damage shall accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. Section 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Section 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Section 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; jAclerical\anna\2014-110 hackberry est\specs\contract\13-agreemen1 doe CA-13 Contract Agreement 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. Section 12. SUBCONTRACTORS 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. Section 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). jAderical\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-14 Contract Agreement 13.02 One or more changes to the work within the general scope of the Contract may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Section 6 hereof), or the time for the Contractor's performance, or any combination thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all work involved in the modification, whether the work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other supporting materials as the City may require in evaluating the actual costs incurred or to be incurred. jAdericaRannat2014-110 hackberry eshspecslcontract113-agreement doc CA-15 Contract Agreement 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the work included within or affected by the executed Change Order of which the Contractor knew or should have known. 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule For the Contractor, for any work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any work performed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. j:\clerical\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-16 Contract Agreement For Change Orders, the total cost or credit to the Owner shall be based on the following schedule: Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)2 + Applicable Subcontractor Costs = Subtotal of Costs to the Contractor + Contractor's Overhead and Profit = Total Cost or Credit to the Owner 13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section 6.05 above. Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract or in violation of an instruction from the City, such work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon Owned Equipment For equipment owned by the Contractor, actually used in Change Order work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. jAdericaRanna\2014-110 hackberry est\specs\contract\13-agreement doc CA-17 Contract Agreement written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this section, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Contract Agreement, and the Contract Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this section shall be in addition to those contained elsewhere in the Contract or provided by law. Section 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected work. The Contractor shall settle the liabilities and claims arising out of the termination jAclencal\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-18 Contract Agreement of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the owner shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified jAderical\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-19 Contract Agreement hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or provided by law. Section 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Contract Agreement. Contractor shall not commence work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. 17.03 Workers' Corn pensation/EmPloyer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. jAc1er1ca1\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-20 Contract Agreement 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Contract Agreement. 17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Contract Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Contract Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. 17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the full replacement cost of the completed project. This coverage shall name City as an additional insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in the Work, and must be procured from an insurer licensed to do business in the State of Texas with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. jAclencal\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-21 Contract Agreement Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS 18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance Bond meeting the standards specified in the Contract Documents, on the forms provided by the City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than the Contract price. 18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Texas and with a surety which holds a certificate of authority authorizing it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570. However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence satisfactory to the City, that such excess risk has been protected in an acceptable manner. 18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if, at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond (because of increases in the work or otherwise) ceases to be adequate, the Contractor shall, at its expense within five days after the receipt of notice from the City so to do, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payments to the Contractor shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. 18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas agent whose name shall be listed in the prescribed space on the forms provided by the City for all bonds required by the City, or otherwise listed therein if the form of the Bond is not prescribed by the City. Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Contract Agreement. Section 20. APPLICABLE LAW The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. jAderical\anna\2014-110 hackberry est\specs\contract\13-agreement doc CA-22 Contract Agreement Section 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. Section 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 79406 If to the Contractor: Landmark Structures I, L.P. Attn: Chris Lamon 1665 Harmon Rd. Fort Worth, Texas 76177 Phone: (817) 439-8888 jAclencal\anna\2014-110 hackberry est\specs\contract\13-agreementdoc CA-23 Contract Agreement Section 23. ENTIRE AGREEMENT Aside from duly authorized Change Orders, any modification to this Contract Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in Section 14 herein. Section 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any person(s) or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Contract are agreed to be severable. Section 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS Philip Sanders, City Manager ATTEST: Carrie Smith, City Secretary (SEAL) LANDMARK STRUCTURES I, L.P. Contractor Chris Lamon, Vice President Title: Landmark Structures Management, Inc., General Partner ATTEST: SECRETARY (SEAL) jAclerical\anna\2014-110 hackberry est\specs\contract\13-agreemenLdoc CA-24 Contract Agreement BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, that Landmark Structures I, L.P. (hereinafter called the Principal(s)), as Principal(s), and Fidelity and Deposit Company of Maryland (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Five Percent of the Largest Possible Total of the Bid Dollars (5% G.A.B.) (an amount equal to five percent of the Total Bid Price, including Cash Allowances and Alternate Bids, if any) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted on or about this day a proposal offering to perform the following project: HACKBERRY ELEVATED STORAGE TANK NOW, THEREFORE, if the said Principal's bid as stated in its proposal is accepted by the City, and said Principal executes and returns to the City the number of original counterparts of the Contract Agreement required by the City, on the forms prepared by the City, for the work described herein and also executes and returns the same number of the Performance, Payment and Maintenance Bonds (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond) in connection with the work described herein, within the time specified, then this obligation shall become null and void; otherwise it is to remain in full force and effect. In the event that the Principal is unable to or fails to perform the obligations undertaken herein, the undersigned Principal and Surety shall be liable to the City for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the City on account of the failure of such Principal to perform such obligations, the actual amount of such damages being difficult to ascertain. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. jAderical\anna\2014-110 hackberry est\specs\contract\14-bonds doc B-1 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Fidelity and Deposit Company of Maryland Surety Print Name: Robyn Rost Title: Attorney -in -Fact Landmark Structures I, L.P Principal Print Name: Chris Lamon, Vice President Title: Landmark Structures Management, Inc., General Partner c/o ZURICH, Address: 1400 American Lane Address Schaumburg, IL 60196 Phone: (973) 437-2286 Phone Fax: (866) 599-8561 Fax: 1665 Harmon Rd. Fort Worth, Texas 76177 (817) 439-8888 (817) 230-2070 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Tracey L. Haley , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Fidelity and Deposit Company of Maryland Surety By: Print Name: Tracey L. Haley Address: Phone/Fax: NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAdencahanna12014-110 hackberry estlspecslcontract114-bonds doc B-2 Bonds LANDINL ,RX STRUCTURES MANAOEIYIENT INC. ACTION BY SOLE DIRECTOR WITHOUT A MEETING The undersigned, being the sole director of LANDMARK STRUCTURES MANAGEMENT INC, does hereby take the following action by written consent, pursuant to the provisions of section 141(f) of the General Corporation Law of the State of Delaware. Adoption of the following Resolutions: RESOLVED: 1) that Christopher Lamon, being Vice President of Landmark Structures Management Inc., general partner of Landmark Structures I, LP, is hereby authorized as follows: a) to submit bids and/or to negotiate contracts and/or to enter into contracts for and on behalf of Landmark Structures I, LP, and b) to execute and deliver such documents and to take such other actions as he considers necessary or advisable to give effect to this resolution and the transactions provided for herein. 2) that any bid submitted and/or any contract negotiated and/or any contract entered into by Christopher Lamon in his capacity as Vice President of Landmark Structures Management Inc. as witnessed by his signature thereto is hereby recognized as binding upon Landmark Structures I, LP, and Landmark Structures Management Inc. Dated as of the 16th day of January, 2001 _ PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Landmark Structures I, L.P. (hereinafter called the Principal(s)), as Principal(s), and Fidelity and Deposit Company of Maryland (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of Two Million, Seven Hundred Eighty -Six Thousand Dollars and No Cents�($2,786,000.00), lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the 27t" day of October , 2015, for the following project: HACKBERRY ELEVATED STORAGE TANK and said Principal under the law is required before commencing the work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. 1 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. jAdencal\anna\2014-110 hackberry est\specs\contracl\14-bonds doc B-3 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Fidelity_ and Deposit Company of Maryland Surety Print Name: Robyn Rost Title: Attorney -in -Fact Address: Phone c/o ZURICH, 1400 American Lane Schaumburg, IL 60196 (973) 437-2286 Fax: (866) 599-8561 Landmark Structures I, L.P. Principal Print Name: Chris Lamon, Vice President Title: Landmark Structures Management, Inc., General Partner Address: 1665 Harmon Rd. Fort Worth, Texas 76177 Phone: (817) 439-8888 Fax: (817) 230-2070 The undersigned surety company represents that it is duly qualified to do business in Texas and is listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Tracey L. Haley , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety Print Name: Tracey L. Haley Address: Phone/Fax; NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAdericahanna\2014-110 hackberry est\specs\contract\14-bonds doc B-4 Bonds PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Landmark Structures I, L.P. (hereinafter called the Principal(s)) as Principal(s), and Fidelity and Deposit Company of Maryland (hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter called the Obligee), in the amount of: Two Million, Seven Hundred Eighty -Six Thousand Dollars and No Cents ($2,786,000.00), lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written Contract Agreement with the Obligee, dated the 27th day of October , 2015, for the: HACKBERRY ELEVATED STORAGE TANK and said Principal under the law is required before commencing work provided for in said Contract Agreement to execute a bond in the amount of said Contract Agreement, which Contract Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said Contract Agreement, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement, or to the work to be performed thereunder. jAdericaRanna12014-110 hackberry estlspecslcontract114-bonds doc B-5 Bonds IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this day of , 20 Fidelity and Deposit Company of Maryland Landmark Structures I, L.P. Surety Principal Print Name: Robyn Rost Title: Attorney -in -Fact Address: c/o ZURICH, 1400 American Lane Schaumburg, IL 60196 Phone: (973) 437-2286 Fax: (866) 599-8561 Print Name: Chris Lamon, Vice President Title: Landmark Structures Management, Inc., General Partner Address: 1665 Harmon Rd. Phone: Fax: Fort Worth, Texas 76177 (817) 439-8888 (817) 230-2070 The undersigned surety company represents that it is duly qualified to do business in Texas ands listed on the U.S. Department of the Treasury list of approved sureties, and hereby designates Tracey L. Haley , an agent resident in Collin County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety By: Print Name: Tracey L. Haley Address: Phone/Fax: NOTE: If si ned by an officer of the Surety_Company, there must be on file a certified extract from the by-laws _ showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAderical\anna\2014-110 hackberry est\specs\contract\14-bonds doc B-6 Bonds MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT Landmark Structures I; L.P. , as PRINCIPAL, and Fidelity and Deposit Company of Maryland a CORPORATION organized under the laws of State of Maryland . as SURETIES, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Anna, a municipal corporation at Anna, Collin County, Texas the sum of Two Million, Seven Hundred Eighty -Six Thousand Dollars and No Cents ($2,786,000.00), for the payment which sum well and truly to be made until said City of Anna and its successors, said PRINCIPAL AND SURETIES do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned, however, that whereas said Landmark Structures I, L.P. the Contractor, did on the 27th day of October , 2015, enter into a written Contract Agreement with the said City of Anna to build and construct: HACKBERRY ELEVATED STORAGE TANK in the City of Anna, Texas which Contract Agreement and the Plans and Specifications therein mentioned adopted by the City of Anna, are hereby expressly made a part hereof as though the same were written and embodied herein. WHEREAS, under the Plans and Specifications, and Contract Agreement, it is provided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance; it being understood that the purpose of this section is to cover all defective material, work or labor performed by said CONTRACTOR, its employees, sub -contractors, materialmen and assigns. NOW THEREFORE, if the said CONTRACTOR shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said CONTRACTOR in the performance of its Contract Agreement to so maintain and repair said work, then these presents shall have full force and effect, and said CITY OF ANNA shall have and recover from said SURETY, damages in the premises, as provided, and it is further agreed that this obligation shall be a continuing one against the SURETY, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. jAdericaRanna\2014-110 hackberry est\specs\contract\14-bonds doc B-% Bonds IN WITNESS WHEREOF, the said Landmark Structures I, L.P. (Contractor) has caused these presents to be Fidelity and Deposit Company of Maryland (Surety Co.) executed by its ATTORNEY -IN -FACT Robyn Rost , and the said ATTORNEY -IN -FACT Robyn Rost has hereunto set his hand this the day of .20 Fidelity and Deposit Company of Maryland Surety Print Name: Robyn Rost Title: Attorney -in -Fact Address: c/o ZURICH, 1400 American Lane Schaumburg, IL 60196 Phone: (973) 437-2286 Fax: (866) 599-8561 Landmark Structures I L.P. Principal By: Print Name: Chris Lamon, Vice President Title: Landmark Structures Management, Inc., General Partner Address: 1665 Harmon Rd. Fort Worth, Texas 76177 Phone: (817) 439-8888 Fax: 817 230-2070 NOTE: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-l-laws_ _showing that this person has authority to sign such obligation. If signed by an Attorney -in -Fact, we must have a copy of the Power of Attorney for our files, AND ATTACHED TO THIS BOND. jAclerical\anna\2014-110 hackberry eskspecs\contract\14-bonds doe B-8 Bonds CITY OF AN NA, TEXAS Item No. 10 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached. AGENDA SUBJECT: Authorize the City Manager to execute a deductive change order with Landmark Structures, Inc. related to the construction of the Hackberry Elevated Storage Tank (EST) Project. SUMMARY: On September 29, 2015 at 2:30 PM sealed bids were opened for Hackberry EST project. Landmark Structures, Inc. was the apparent low bidder with a base bid of $2,517,000. Landmark also submitted the low bid for Alternate No. 1 for the 1 Million Gallon (MG) EST of $2,786,000. Additionally, Landmark submitted Additive Alternate No. 2 of $125,000 for tank lighting and Additive Alternate No. 3 of $28,000 for telemetry. Due to bids received being higher than expected there is a funding shortfall. To mitigate the shortfall to the extent possible staff met with our consulting engineer to review items that could be removed from the project that would result in savings without compromising the quality or functionality of the project. The items represented in the attached change order would reduce the project cost by $157,809.20. The remaining shortfall of $91,200 would be funded through impact fees. STAFF RECOMMENDATION: Staff recommends approval of this item which would authorize the City Manager to execute a deductive change order with Landmark Structures, Inc. in the amount of $157,809.20. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-119 (Hackberry EST Change Order 1) 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. WHEREAS, the Elevated Storage Tank is necessary in order to provide adequate elevated storage capacity to the water system as outlined in the 2014 Water Master Plan (the "Project"); and, WHEREAS, the City Council of the City of Anna, Texas (the City Council) has previously authorized the City Manager to solicit competitive bids for the Project; and, WHEREAS, the City of Anna, having solicited competitive bids in accordance with State law, opened said bids on September 29, 2015 at 2:30 P.M.; and, WHEREAS, the City Council of the City of Anna has authorized awarding a contract to Landmark Structures, Inc. in the amount of $2,786,000 to construct the project; and, WHEREAS, the funds available for this Project in the 2012 and 2014 Certificates of Obligation do not cover the entire project; and, WHEREAS, staff has met with the City's consulting engineer and identified items that could be removed from the project without affecting the quality or functionality of the project; and, WHEREAS, Landmark Structures, Inc. is agreeable to the changes and has executed the deductive change order; and, WHEREAS, the City Council desires to authorize the City Manager to execute a deductive change order in the amount of $157,809.20 with Landmark Structures, Inc. for the Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Contract Award. The City Council hereby approves the deductive change order agreement with Landmark Structures, Inc. for the Project, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of the same subject to final legal review and approval by the City Attorney. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27t" day of October 2015. ATTEST: RESOLUTION NO. 2015-10-119 (Hackberry EST Change Order 1) MIRTIRTOMM93 CITY OF ANNA, TEXAS HACKBERRY 1.0 MG ELEVATED STORAGE TANK CHANGE ORDER NO. 1 A. INTENT OF CHANGE ORDER The intent of this change order is to modify the provisions of the contract entered into between the City of Anna, Texas and Landmark Structures I, L.P., of Ft. Worth, Texas, for construction of the Hackberry 1.0 MG Elevated Storage Tank, dated October 27, 2015. B. DESCRIPTION OF CHANGE Due to project budgetary matters, this Change Order provides for certain value engineering changes in the original contract for the 1.0 MG Elevated Storage Tank as follows: Pay Item IA: Value engineering changes to the lump sum bid item for the 1.0 MG Elevated Tank include the follow items: 1 Revise the overhead door to 10' x 10' $ 680.00 2 Eliminate the two (2) antenna pits and replace each with 2-layers of 4 each 4" PVC conduits through the foundation, turned up, terminated and capped at the floor level inside the tank $ 10,080.00 3 Delete the sump pit and pump $ 1,500.00 4 Provide Steel hollow personnel door in lieu of fiberglass $ 1,005.00 5 Revise the number of interior ladder offset landings to one (1) $ 2,560.00 6 Delete the interior ladder safety cage $ 4,030.00 7 Change the roof hatches to 30" opening $ 125.00 8 Change the inlet piping to 16-inch diameter $ 7,550.00 9 Eliminate the 6-inch mud valve and replace with a silt stop $ 810.00 10 Reduce the cross -over pipe to 4-inch diameter $ 1,105.00 11 Reduce the overflow splash pad to 10-foot long x 6-foot wide $ 460.00 12 Replace the removable bollards with bollards bolted to the tank floor $ 425.00 13 Provide a credit for elimination of the dehumidification requirement $ 25,000.00 14 Provide a credit for replacing the exterior coating system fluoropolymer topcoat with a urethane top coat $ 14 505.00 Pay Item 1A: Total Deductive Amount $ 69,835.00 Pay Item 10: Credit for eliminating 5-inches of Type C Hot Mix Asphalt Pavement on $35,571.60 the tank access road Pay Item 12: Credit for revising the ornamental fence around the tank site from 8-foot $9,352.60 height to 6-foot height Pay Item 15: Credit for eliminating 123 of 16-inch DR-18 PVC Water Line. This item of $43,050.00 work is necessary to the functionality of the project, but will be constructed as a separately by others. jAclerica➢anna\2014-110 hackberry est\specs\change orders\co-Ldocx Page I Of 2 C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will have the following effect on the cost of this project: Item No. Description Previous Quantity Quantity This C.O. Revised Quantity Unit Unit Price Amount of Change lA Construct 1.0 MG Composite Elevated Tank (AWWA D107-10) 1 (1) 0 L.S. $2,386,000.00 $(2,386,000.00) IB Construct 1.0 MG Composite Elevated Tank (AWWA D107-10) 0 1 1 L.S. $2,316,165.00 $ 2,316,165.00 10 Construct Access Road (5-inch Type C HMAC on 6-inch Flexible Base) 820 (820) 0 L.F. $ 70.00 $ (57,400.00) 10A Construct Access Road (6-inch Flexible Base on compacted subgrade) 0 820 820 L.F. $ 26.62 $ 21,828.40 12 Furnish and Install 8-foot Ornamental Fence 1,010 (1,010) 0 L.F. $ 90.00 $ (90,900.00) 12A Furnish and Install 6-foot Ornamental Fence 0 1,010 1,010 L.F. $ 80.74 $ 81,547.40 15 Furnish and Install 16-inch (DR-18) PVC W.L. 123 (123) 0 L.F. 1 $ 350.00 $ (43,050.00) Total: $ (157,809.20) Original Contract Amount: $ 2,786,000.00 Change Order No. 1 $ (157,809.20) Revised Contract Amount: $ 2,628,190.80 D. EFFECT OF CHANGE ON CONTRACT TIME The work required under this change order will add no calendar days to this project. Original Contract Time 365 calendar days Change Order No. 1 0 calendar days Revised Contract Time: 365 calendar days E. AGREEMENT By the signatures below of duly authorized agents, the City of Anna, Texas and Landmark Structures I, LP, Inc., do hereby agree to append this Change Order No. 1 to the original contract between themselves, dated October 27, 2015. CITY OF ANNA, TEXAS Owner LOW (signature) Name: (please print) Title: (please print) Date: Attest: LANDMARK STRUCTURES I,LP Contractor By: signature). Name: Benjie Talley (please print) Title: Manager - Project Management (please print) Date: October 15, 2015 Attest: is\cledcahl a\2014-110 backberry est\specs\change ordersko-Ldo" Page 2 of 2 CITY OF AN NA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a contract for the purchase of a new Vac -Trailer from Vermeer using the Buy Board Cooperative Purchasing program. SUMMARY: The purchase of a vac -trailer will allow City staff to perform maintenance of sewer lines, manholes and lift stations which would lower the possibility of a sanitary sewer overflow. Additionally this item will be used to assist us with our ongoing Inflow and Infiltration (I&I) repair project. The BuyBoard Cooperative Purchasing program ensures that we remain in compliance with state law as it relates to government purchases. Essentially the program has already administered the competitive bid process for us. The purchase of a vac -trailer was authorized in the 2016 Fiscal Year (FY 16) budget in the amount of $72,000. The costs for this vac -trailer is $75,600 which is slightly higher due to optional equipment that we are recommending. The additional cost would come from the services cost group of the Wastewater budget. STAFF RECOMMENDATION: Staff recommends approval of the proposed Resolution which authorizes the City Manager to execute a contract and other documents for the purchase of a Vermeer VX50-500 with boom from Vermeer Texas -Louisiana through the Buy Board Cooperative Purchasing program. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-121 (PURCHASE A VACUUM EXCAVATOR) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO PURCHASE A VACUUM EXCAVATOR FROM VERMEER EQUIPMENT OF TEXAS THROUGH THE BUYBOARD COOPERATIVE PURCHASING SYSTEM. WHEREAS, a vacuum excavator is a crucial piece of equipment needed for Public Works maintenance operations and emergency response; and, WHEREAS, City staff has proposed the purchase of a new vacuum excavator to assist with inflow and infiltration repair and other collection system maintenance; and, WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that the purchase of a vacuum excavator for the purpose of maintenance and emergency operations is in the interest of the residents of the City of Anna, Texas (the "City"); and, WHEREAS, the procurement through a purchasing cooperative ensures a competitive price; and, 1% WHEREAS, there are funds allocated in the 2016 fiscal year for equipment purchases, including a vacuum excavator; 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. Purchase Authorization The City Council hereby authorizes the City Manager to purchase the vacuum excavator from Vermeer Equipment of Texas for a total sum of $75,600 consistent with the BuyBoard Cooperative Purchasing system proposal attached hereto as Exhibit A. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to procure the vacuum excavator. PASSED this 27t" day of October 2015. ATTEST: Carrie L. Smith City Secretary RESOLUTION NO. 2015-10-121 2 (PURCHASE A VACUUM EXCAVATOR) BUYBOARD # 424-13 PRODUCT PRICING SUMMARY BASED ON CONTRACT VENDOR: Vermeer Equipment of Texas End User: City of Anna Vendor Rep: Jared Davis Contact: Steven Smith Phone/email: 214-796-7246 Phone/email: 214-945-6575 Date: Tuesday, October 20, 2015 Product Description: Vacuum Excavator A. Bid Series: A. Base Price: $ 69,400.00 B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price All hydraulic boom $ 13,800.00 Total of B. Published Options: $ 13,800.00 C. Unnublished Options ]Itemize each below. not to exceed 25%1 S= 0 % D. E. F. G. H I. J. K. L. M. N. Options Bid Price Options Bid Price Pre -delivery Inspection: Texas State Inspection: Manufacturer Destination/Delivery: Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in -stock and/or equipped vehicles): Contract Price Adjustment: Additional Delivery Charge: 0 miles Subtotal: Quantity Ordered 1 x K = Equipment: BUYBOARD Administrative Fee ($400 per purchase order) Total of C. Unpublished Options:) $ - $ 325.00 $ 1,659.00 $ (9,984.00) $ 75,200.00 $ 75,200.00 $ 400.00 O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE I $ 75,600.00 1 CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Joseph Johnson Exhibits: Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute an engineering task order with Birkhoff, Hendricks, and Carter, LLP for the design of the Hackberry Drive Paving and Drainage Improvements — Slayter Creek to State Highway 5. SUMMARY: The Hackberry Drive improvements will be necessary in order to accommodate the steadily increasing traffic volume to the roadway. Extensions of Ferguson and Hackberry (in progress) to the west will only increase this volume. This project, when constructed, would upgrade the existing 18' asphalt section to a 25' concrete section the length of the project and add an additional 12.5' section of roadway near the State Highway 5 intersection. The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design, bidding, and contract administration services for the project. The engineering consulting fee covering Basics Services (Parts 1-III) for the project is for the lump sum amount of $92,360 and the additional services (Part IV) for the project is for the amount of $53,700, for a total not to exceed amount of $146,060. The total estimated cost for the project including engineering and professional services is $910,000. Funds are allocated for this project in the 2016 Fiscal Year Streets Budget in the amount of $87,000. Funds were allocated for the design portion only. This would mean that only Basic Service Part I: Design Phase ($69,270) and Additional Service A: Design and Boundary Surveys ($13,300) for a total of $82,570 would be authorized for this budget year. The remaining parts would be authorized as funds are allocated in a future fiscal yea r. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a task order with Birkhoff, Hendricks, and Carter, LLP for Basic Service Part I and Additional Service A for the design of the Hackberry Paving and Drainage Improvements. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-122 (Hackberry Road Project) 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. WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Hackberry Road and Drainage Improvements; and, WHEREAS; the roadway, when constructed, will provide for the widening of a critical thoroughfare that is experiencing increasing traffic volume and is currently undersized; and, WHEREAS; the amount of the engineering consulting fee covering Basics Services (Parts I - III) for the project is for the lump sum amount of $92,360 and the additional services (Part IV) for the project is for the amount of $53,700, for a total not to exceed amount of $146,060; and, WHEREAS; funding has been allocated in the 2016 Fiscal Year budget in the amount of $87,000 to complete design only; and, WHEREAS; the design portion of the project would only include Basic Service Part I: Design Phase in the amount of $69,270 and Additional Service A: Design and Boundary Surveys in the amount of $13,300 for a total not to exceed amount of $82,570; 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 and Authorization of Engineering Service Task Order. The City Council hereby approves Basic Service Part I and Additional Service A of the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Hackberry Road and Drainage Improvements, attached hereto as Exhibit A, and authorizes, ratifies and approves the City Manager's execution of same for the design portion of the project only. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the service task order agreement. PASSED on this 27t" day of October 2015. ATTEST: APPROVED: Carrie Smith, City Secretary RESOLUTION 2015-10-122 2 (Hackberry Road Project) BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, Hl, P.E. DEREK B. CHANEY, RE CRAIG M. KERKHOFF, P.E. Mr. Philip Sanders City Manager City of Anna 111 North Powell Parkway Anna, Texas 75409 Phone (214) 361-7900 April 30, 2015 Re: General Engineering Services — Task Order Hackberry Drive Paving and Drainage Improvements: Slayter Creek to State Highway 5 www.bhcllp.com Dear Mr. Sanders: hi accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Order letter for services related to the preparation of specifications, bidding documents and contract administration for: The Hackberry Drive Paving and Drainage Improvements From: To: GENERAL PROJECT DESCRIPTION Slayter Creek State Highway 5 (N. Powell Parkway) The total project consists of approximately 1,015 linear feet of paving and drainage improvements for Hackberry Drive from Slayter Creek to State Highway 5 to be constructed in a proposed 80-foot wide right-of- way. A Project Location Map marked "Exhibit A" is attached and made a part of this Task Order. The project is divided into two design segments. Part A design segment of Hackberry Drive is from Slayter Creek to James Street (approximately 715 linear feet) and is proposed to be constructed as the southern half (25 feet in width) of a future 4-lane divided roadway The typical section for Part A design segment is shown in "Exhibit B". Part B design segment of Hackberry Drive is from James Street to State Highway 5 (approximately 300 linear feet) and is proposed to be constructed as the southern half (25 feet in width) of a TBPE Firm 526 ACEC Wellness Firm =. Better Decisions -Better Designs TBPLS Firm 100318-00 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 2 of 10 future 4-lane divided roadway plus one-half of the northern half of the 4-lane divided roadway (12.5 feet in width). The typical section for Part B design segment is shown in Exhibit B. Based on our understanding of the project requirements as outlined above, our opinion of probable project budget is summarized below: Opinion of Probable Construction Cost $653,000 Engineering Services Basic Design, Bidding and Contract Admin $92,360 Additional Services (Field Surveys, Easement Documents, Geotechnical, Expenses) $53,700 Inspection Services $0 Quality Control and Material Testing $16,325 Land Rights Acquisitions $85,350 Total Project Budget $900,735 A copy of our itemized opinion of cost is attached as Appendix A for reference only. SCOPE of SERVICES Part I: Design Phase Preparation of construction plans, specifications, bidding phase services and construction administration phase services for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1"= 20'. B. Standard Details. C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of Texas Department of Transportation permits, as required. G. Coordination with other Franchise Utility companies. H. 3-Design review meetings. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F526 Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 3 of 10 I. Opinion of Probable Construction Estimate. J. Preparation of Specifications and Contract Documents. K. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. L. Printing of preliminary plans and specifications for review by the City. Part II: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history. 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part III: Construction Phase A. Attend a pre -construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F.526 Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 4 of 10 to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Make periodic site visits during construction as the project requirements dictate. Minimum of one project site visit per month. G. Review monthly pay request from information obtained in the field. H. Accompany the City during their final inspection of the project. I. Recommend final acceptance of work based on information from the on -site representative. J. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare one set of 22"x 34" reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format and ACAD.dwg file format. Part IV: Additional Services A. Design, Property and Construction Control Surveys B. Preparation of Plat and Field Note Descriptions for expected roadway right of way as required. Six (6) plat and field note descriptions are included for the purpose of establishing a budget for this phase of work. C. Geotechnical Evaluations and recommendations. The Geotechnical evaluation and report will be performed by a sub -consultant to be approved by the City of Anna. D. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F.526 Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 5 of 10 Part V: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Trench safety designs. F. Quality control and testing services during construction. G. Services in connection with condemnation hearings. H. Phasing of Contractor's work. I. On -site safety precautions, programs and responsibility. J. Consulting services by others not included in proposal. K. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). L. Traffic engineering report or study. M. Title searches. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F.526 Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 6 of 10 COMPLETION SCHEDULE Notice to Proceed from City ................................................. At direction of City Permission to Survey........................................................... Two Months after Notice to Proceed Initial Topographic and Boundary Surveys ........................ One Month after Permission to Survey Submit Preliminary Plans (60%) to City for Review .......... Two Months after Notice to Proceed Submit Plats and Field Notes for Right of Way Documents: Four Months after Notice to Proceed Complete Final Plans.......................................................... Five Months after Notice to Proceed Land Rights Acquisitions: ..................................................... By the City of Anna Advertise Project for Bids (after land rights secured): ........ At City's Direction Construction Phase: ............................................................... 9 months FEE NOT TO EXCEED AMOUNT Basic Services (Parts I -III) Payment for the Basic Services described under Parts I, II and, III shall be on a Lump Sum Basis in the following Amounts: Part I: Design Phase $69,270 Part II: Bidding Phase $4,618 Part III: Construction Phase $18,472 Total Basic Services Lump Sum Fee $92,360 Additional Services (Part IV) For the Additional Services described in Part IV, we propose to be compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. The two man survey crew will be billed at a crew rate of $160 per hour. Automobile mileage for special services will be invoiced at $0.50 per mile. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F.526 Mr. Philip Sanders General Services Task Order April 30, 2015 Page 7 of 10 Hackberry Drive Paving and Drainage Improvements We suggest you budget approximately $53,700 in the following amounts for our services for this project: A. Design and Boundary Surveys $13,300 B. Preparation of Plat and Field Note Descriptions (6 each) $23,900 C. Geotechnical Evaluation and Report $15,000 D. Printing of Plans & Specifications $1,500 Total Additional Service Not to Exceed Amounts $53,700 Texas Board of Professional Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. If this General Engineering Services Agreement Task Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Gary C. Hendricks, P.E., R.P.L.S. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Philip Sanders, City Manager Date cc: Mr. Joseph Johnson, Director of Public Services Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P. Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F526 Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 8of10 Exhibit A - Project Location Map TBPE Firm 526 ACEC Wellness Firm =;�. Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 comdev\anna\2015 hackbeay paving & drainage improvements\hackberry paving and drainage improvements task order.docx Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 9 of 10 Exhibit B — Typical Paving Sections PROPOSED 80' R.O.W. 8' PKWY. 25' B—B 14' MEDIAN 25' B—B 8' PKWY. THIS CONTRACT FUTURE 8' PKWY 4' SECTION A -A NOT TO SCALE OSED 80' R.O.W. 14' MEDIAN 1 10' LEFT SECTION B-B NOT TO SCALE 1 PKWY. TBPE Firm 526 ACEC Wellness Firm _* Better Decisions -Better Designs TBPLS Firm 100318-00 1A7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Mr. Philip Sanders General Services Task Order: Hackberry Drive Paving and Drainage Improvements April 30, 2015 Page 10 of 10 Appendix A — Itemized Opinion of Project Cost See Next Two Pages Texas American Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\7015 contdev\anna\2015 hackberry paving & drainage improvements\hackberry paving and drainage improvements task order.docx Texas Firm F526 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Client: CITY OF ANNA, TEXAS Project: Hackberry Paving Improvments Hackberry from Slayter Creek to SH 5 (N. Powell Pkwy) Project No. Not Assigned Date: 28-Apr-15 By: ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST Part (A) 1/2 of 4- Part (B) lane 3/4 of 4 lane divided divided Project Length (Feet) Pavement Width (B to B - feet) 715 300 25 37.5 GCH Total Project 1015 Item No. I Description I Quantity I Unit I Price I Amount Part (A) 715 Linear Feet of the south half (25-feet back to back) of a future 4 Lane divided thoroughfare in an 80-foot wide right of way with 8- Inch reinforced concrete pavement including monolithic curb and underground storm sewer from Slayter Creek to James Street. 4- foot sidewalk on the south side of the roadway Part (B) 300 Linear Feet of the south half (25-feet back to back) and the one-half of the north half (12.5 feet wide) of a future 4 lane divided thoroughfare in an 80-foot wide right of way with 8-inch reinforced concrtet pavement including monolithic curb and underground storm sewer, from James Street to State Highway 5 (N. Powell Street). 4-foot wide sidewalk on the south side of the roadway 1 Right -of -Way Preparation, Mobilization and Bonds 10.2 STA $ 3,000.00 $ 30,450 2 Unclassified Street Excavation 2,019.3 C.Y. $ 25.00 $ 50,483 3 Furnish & Install 8-Inch Lime Treated Subgrade 3,808 S.Y. $ 2.50 $ 9,520 4 Furnish & Install Hydrated Lime 8% or 62.4 lbs/SY) 119 Tons $ 170.00 $ 20,197 5 Furnish & Install 8-Inch Reinforced Concrete Pavement 3,560 S.Y. $ 48.00 $ 170,867 6 Monolithic Concrete Curb 4,200 L.F. $ 2.50 $ 10,500 7 Furnish & Install 4-Inch Thick, 4-Feet Wide Reinforced Concrete Sidewalks 451 S.Y. $ 55.00 $ 24,811 8 Furnish & Install Barrier Free Rams 3 Ea. $ 1,500.00 $ 4,500 9 Remove and Dispose of Existing Asphalt Pavement 2,030 S.Y. $ 18.00 $ 36,540 10 Furnish & Install 6-Inch Reinforced Concrete Driveways (Approx. 9 Driveways) 578 S.Y. $ 52.00 $ 30,044 11 Furnish & Install Asphalt Pavement Transition at Project Limits 278 S.Y. $ 40.00 $ 11,111 12 Concrete Saw Cut 60 L.F. $ 4.50 $ 270 13 Asphalt Saw Cut 100 L.F. $ 3.50 $ 350 Paving Improvements Subtotal: $ 399,642 14 Famish & Install Underground Storm Sewer System (Piping, Culverts and Inlets) 35% of Paving Subtotal $ 139,875 15 Furnish & Install Culverts and Headwalls 0 L.S. $ 30,000.00 $ 16 Furnish, Install, Maintain and Remove Erosion Control Measures 1,015 L.F. $ 2.50 $ 2,538 17 Hydromulch & Seeding Parkways 3,518 S.Y. $ 2.00 $ 7,036 18 Furnish & Install 4-Inch Topsoil in Parkways 3,518 S.Y. $ 1.50 $ 5,277 19 Furnish & Install Permanent Pavement Markings & Striping 1,015 L.F. $ 3.00 $ 3,045 20 Furnish & Install Roadway Signage 1 L.S. $ 5,000.00 $ 5,000 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS Client: CITY OF ANNA, TEXAS Project: Hackberry Paving Improvments Hackberry from Slayter Creek to SH 5 (N. Powell Pkwy) Project No. Not Assigned Date: 28-Apr-15 By: ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST Part (A) 1/2 of 4- Part (B) lane 3/4 of 4 lane divided divided Project Length (Feet) Pavement Width (B to B - feet) 715 300 25 37.5 GCH Total Project 1015 Item No. Description Quantity Unit Price Amount 21 Remove and Replace Fencing 0 L.F. $ 15.00 $ - 22 Furnish, Install, Maintain and Remove Traffic Control Devices and Barricades 1 L.S. $ 5,000.00 $ 5,000 Paving & Drainage Subtotal: $ 568,000 Contingencies and Miscellaneous Items: 15% $ 85,200 Paving and Drainage Total: $ 653,000 Project Cost per Linear Foot: $ 643.35 Right -of -Way Acquisitions (80 feet in width from Slayter Creek to James Street) 1.31 Acres $65,000 $ 85,354 Professional Services (Surveying, Engineering, Geotech, Bidding & Construction Administration: $ 146,060 Quality Control and Materials Testing: 2.5% $ 16,325 Estimated Project Total: $ 900,739 USE: $ 910,000 Project Cost per Linear Foot: $ 858.00 CITY OF AN NA, TEXAS Item No. 13 City Secretary's use only 3.City Council F FA Staff Report Date: October 27, 2015 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action on a Resolution regarding support for the proposed Palladium Anna project. SUMMARY: Palladium Anna, Ltd. has proposed the construction of a 180 unit multi -family development on property located on the east side of Highway 5 inside the Anna Town Square master planned community located approximately 4,000 feet south of the intersection of White Street (FM 455) and Powell Parkway (SH 5). Palladium Anna, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 Competitive 9% Housing Tax Credits for the Palladium Anna project. Earlier this year on January 271" and again on March 181" the City Council conducted public meetings to receive public comment on the proposed Palladium Anna project. Since then, Staff has work with the property owner to review and develop regulations and standards that would enhance the quality of the project. Although the property on which the Palladium Anna project is proposed was zoned to allow for multi -family use in 2004, the owner has submitted a zoning application that would substantially increase the development standards for a multi -family project constructed on this property Outdoor amenities for the project include a community swimming pool, open space with walking trails and picnic areas, a playground, and sports courts. The development will also include an indoor amenity center and clubhouse with a business center, club room with event kitchen, and a fitness center. Palladium Anna Ltd. will use an in-house management company to screen potential tenants. Part of the screening process includes a criminal background check that will exclude felons, sex offenders, or other violent offenders from living in this development. Everyone living on the property will be screened and listed on the lease agreement. As part of their application to TDHCA, Palladium Anna, Ltd has requested a resolution of support from the City. The owner of the Anna Town Square master planned community, of which the Palladium Anna project will be a part, has previously pledged his support for the this project. STAFF RECOMMENDATION: The property on which the Palladium Anna project is proposed was zoned to allow for multi -family use in 2004. If approved, the development standards for the Palladium Anna project will be substantially higher than what the City could otherwise require on this property. Staff recommends approval of the attached resolution. PALLADIUM October 15, 2015 Mayor Mike Crist & City Council City of Anna 111 N. Powell Parkway P.O. Box 775 Anna, TX 75409 Dear Mayor Crist and City Council: We are coming to you today to formally ask for your support at the October 27t", 2015 City Council Meeting for our Proposed 190 unit Palladium Anna apartment home community to be located in the Anna Town Square master planned development. When we started this process one year ago, we identified the City of Anna as a vibrant, growing community and one that we wanted to become a part of and contribute to. After locating well planned land inside the Anna Town Square development, we started the process of working with the City to walk through the details surrounding our proposed community. Palladium Anna has been designed to very high standards and will offer resort style living in an affordable package. Our outdoor amenities include a beautiful resort style swimming pool, extensive open space that will create a parklike setting for residents that will feature walking trails, multiple picnic areas with barbeque grills, a playground and a sports court. Our indoor amenities will include a clubhouse that rivals any high end clubhouse in the QFW area to include a business center, club room with event kitchen, and a high end style fitness center. In addition to intentionality in design, we are asking the City of Anna to support Palladium USA as sponsors of this. development. As discussed many times over the past year, we are not merchant builders who plan to build and sell this property. Instead, we plan to build and hold this property long term and to manage it ourselves instead of hiring a third party that is only concerned about collecting the most rent. Because we plan to hold this property long term, we cannot afford to defer maintenance. A short term perspective on maintenance would lead to major financial problems down the road. Therefore, we hire a full maintenance team and will maintain the property to Class A standards for the life of the property. It is in our best interest to do so. We will use our own in-house management company called Omnlum Management to manage this property. Third party management companies are solely focused on obtaining maximum rent and are often not focused on long term maintenance costs or managing the resident profile. Our management company is focused on maintaining strict leasing criteria and managing the social profile of our residents within the limits of the law. For example, everyone living on our property will be listed on the lease agreement. This is to ensure that we do not have any felons, violent criminals or sex offenders living at our property. We can legally discriminate on those criteria and we do by doing extensive background checks on all residents. In addition we live by a three strikes and you're out policy when it comes to community rules. Anyone who violates the terms of their lease by breaking the rules, will be given a lease violation. Once a resident obtains three lease violations, we legally can and do evict. The long-term viability of our development depends on a watchful management to make sure that the residents who live in Palladium Anna are people contributing positively and not negatively. We are askin for two thin sat this Cit Council mee#in .First we need the su ort of Council for us to be able to move forward with our funding.. Second we ask for approval of the Planned Development that we have worked through with the City that defines and wards the ualit of Palladium Anna. Over the past year we have worked with PALLADIUM USA INTERNATIONAL, INC. Two Galleria Tower, Suite 400 13455 Noel Road Dallas, Texas 75240 Tel: <,972) 774-4455 Fax: 0972) 774 4495 PALLADIUM the City through its process that has allowed opportunities for public input and we have worked through a Planned Development process that will guard the quality of our development and ensure that it is a beautiful community for years to come. It is our intention to add value to the Anna Town Square development and the City of Anna as a whole and (rope to be given the opportunity to prove that intention. We truly appreciate the fairness of the process that we have submitted to and hope to have earned your support. Thank you for your thoughtful consideration. Sincerely, Ryan Combs vice President Palladium USA rcorn�bs oIladiumusa.com 972-774-4435 _„_, . 8214 Westchester Drive, Suite 710 Dallas, TX 75225 October 21, 2015 Mayor Mike Crist & City Council City of Anna 111 N. Powell Parkway P.Q. Box 776 Anna, TX 75409 Dear Mayor Crist and City Council, I am thrilled that the City of Anna and North Texas has continued to experience increasing growth in 2014 and 2015 after 4-5 years of the Great Recession. As economic growth continues, Anna Town Square ("ATS") will be a destination community and catalyst for quality development in Anna. The proposed addition of the Palladium community inside Anna Town Square is another excellent step in the right direction. They are high quality builders that are owners, not merchant builders. They have extensive experience in building a variety of quality multifamily projects. They are not typical tax -credit builders who tend to have short term views and goals. For Anna, they will incorporate tax credits to get a foothold to buy, build, and hold high quality long term assets in this emerging market. Multifamily always feels best, looks best, and maintains its long-term quality appearance and repair by being an integral part of a master plan like Anna Town Square as opposed to a floating location, disjointed among various zoning categories that don't integrate smoothly to generate a symbiotic work, live, and play environment. Disjointed locations do not travel well through time as they deteriorate and attract a challenging tenant base. Palladium Anna is an attractive, long-term project. It is an integral part of ATS future plans for a church, school, commercial and a retirement center. It will embolden the critical mass of ATS and its rising tax base. What's really great with Palladium is the matching of long-term quality property owners as we have been with ATS for over a decade. Stability begets stability. Quality projects give rise to other quality projects. All of this taken together makes this a destination area and enhances a soaring tax base. Cordially yours, Richard M.Skorbu CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-123 RESOLUTION REGARDING SUPPORT FOR THE PALLADIUM ANNA PROJECT WHEREAS Palladium Anna, Ltd. has proposed a development for affordable rental housing located on the east side of Highway 5 inside the Anna Town Square master planned community approximately 4,000 feet south of the intersection of White Street (FM 455) and Powell Parkway (SH 5), City of Anna, Collin County, Texas named. Palladium Anna in the City of Anna, and further described in Exhibit 1 attached hereto ("Palladium Anna"); and WHEREAS, Palladium Anna, Ltd. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 Competitive 9% Housing Tax Credits for the Palladium Anna project (the "2016 TDHCA Application"). WHEREAS, the property on which the Palladium Anna project is proposed (the "Property") was zoned to allow for multi -family use in 2004; and WHEREAS, the owner of the Property has submitted a zoning application that would substantially increase the development standards for a multi -family project constructed on the Property; and WHEREAS, on January 27, 2015 and again on March 18, 2015, the City Council of the City of Anna, Texas (the "City Council") conducted public meetings to receive public comment on the proposed Palladium Anna project; and WHEREAS, the owner of the Anna Town Square master planned community, of which the Palladium Anna project will be a part, has pledged his support for the Palladium Anna project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City, acting through its governing body, hereby confirms that it supports the proposed Palladium Anna project for the 2016 TDHCA Application. Section 3. The City Secretary is hereby authorized, empowered, and directed to certify this resolution to the Texas Department of Housing and Community Affairs. PASSED this 27th day of October 2015. City Secretary Resolution 2015-10-123 Support for Anna Palladium Project PALLADIUM A N N A "the site plans and renderings submitted are for illustrative purposes only and should not be viewed as part of a development application or a request for a permit. The developer and property owner understand that changes to the concept plans may be required in order to meet the requirements of the City's applicable codes and development regulations." COVERED PATIO FITNESS MULTI- KDS PURPOSE CENTER T- ROOM - - - SUSINE,% CENTER HALL _ _ _ _ = WORK R '' MNCxR. 0 o x CUABHOLSE TES-LOR33Y-- F D c i CONF. - -•- - _°;°T� -- ROOM' _ _ _ _ = LEASINCx ASST. " -- NTRY PATIb CO✓�D FGR]0 4 PATM iL 94 FT. u CLUBHOUSE FLOOR PLAN 4,035 S.F. A.C. V r oss PERIMITER • Resort style swimming pool FENCE • Barbeque grills and picnic areas o' REARS SET5AGK 2� • Fitness Center gg- • Business Center 0- • Parklike open space with walking trails /z�i� • Event/Multipurpose room with Club kitchen EXISTING • Conference room RAILROAD , E • Children's playroom , • Community Laundry room • Full perimeter fencing • Common area Wi-Fi , L List of Common Amenities 25' CAS EASEMENT i ' r MASONRY WALL � r 5UILDING SE' i 50' CxAS EASIIENT i IDS._ • FRON 5UILDING GATE •air • Children's Playground Io 5DE BUILDING . - -; PROPERTrunlF - - - - - - - - - - - - �J SETBACK "the site plans and renderings submitted are for illustrative purposes only and should not be viewed as part of a development application or a request for a permit. The developer and property owner understand that changes to the concept plans may be required in order to meet the requirements of the City's applicable codes and development regulations." UNIT PLANS Al ONEBEOROOM ONE BATH 800S.F. W,,CC List of Unit Amenities • Distinctive one, two and three bedroom units • Covered Entries • Nine foot ceilings in living room and bedrooms • Vinyl Plank (wood look) flooring instead of carpet in common areas • Self-cleaning or continuous cleaning oven • Energy Star appliances and light fixtures • 14 SEER HVAC units • Low flow plumbing • Full size washer/dryer connections • Balcony or patio on every unit • Wired for phone, cable and Local Area Network (LAN) BI TWO BEDROOM, TWO BATH MS.Rrc Sprinklers and smoke alarms throughout • High Speed Internet access available BUILDING PLAN CI THREE BEDROOM, TWO BATH 1,150S.F, Cross - "the site plans and renderings submitted are for illustrative purposes only and should not be viewed as part of a development application or a request for a permit. The developer and property owner understand that changes to the concept plans may be required in order to meet the requirements of the City's applicable codes and development regulations." PALLADIUM ANNA Rent and Unit Mix Information 180 Units 1 Bedroom 2 Bedroom Our Market Rent $880 $950 (52 units at this rate) 13 units 21 units 3 Bedroom $1,150 18 units Palladium Anna's market rent will be competitive with average market rent in the area, offering the ability for those already renting in the area an opportunity to upgrade their standard of living without adding to the cost of living. There will be no income restrictions for these rental rates. Affordable Units (115 units at this rate) $637-765 $765-918 $883-1,059 32 units 65 units 18 units The majority of our units will be $100-$300 below area market rents allowing working class people who are priced out of the current rental market an option to upgrade their standard of living by paying reduced rent for a luxury class apartment with a luxury amenity package. These units are the exact same units as the market rate units. These units are for renters earning 50% - 60% of the area median income. The amount of rent a family pays, slides up and down based on family size and income. For example, a married couple with a household size of 5 members, including three children, would be able to earn $44,000 a year and qualify under the tax credit program for reduced rent at the 60% level. 30% Units $382 $459 No 3 bdrms (13 units at this rate) 9 units 4 units For this segment About 7% of our units will be for people making 30% of the area median income. These units are discounted to be able to offer the exact same units as the market rate units, but are marketed towards seniors living on fixed incomes and veterans, not families with multiple children thus we do not have any 3 bedroom units in this income bracket. CITY OF AN NA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: 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, and in the Anna Town Square development. SUMMARY: The Subdivision Ordinance allows the City Council to consider waivers or suspension of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal. (Article 1, Section 10). Any waiver or suspension must not have the effect of nullifying the intent and purpose of the Subdivision Regulations. Article 3, Section 1.03(d) of the Subdivision Regulations require new subdivisions to have at least two points of vehicular access. It also requires subdivisions to be connected via improved Streets (Streets that meet the City Standards) to the City's improved Thoroughfare and Street system by one or more approach Streets. Access, may also be provided by a single, median -divided entrance from the City's improved thoroughfare system provided that the median extends unbroken at least 100 feet to an intersecting internal Street which provides at least two routes to the interior of the Subdivision. Primary access to the proposed Palladium Anna development will be provided from a two-lane extension of Finley Blvd. to a median divided entry road as shown on the attached concept plan. Normally, the City would require the construction of an additional access point west to Powell Parkway (SH 5), or by an extension of Finley Blvd. and Leonard Blvd. as secondary access points. The most efficient secondary access would be west to Powell Parkway; however, the Dallas Area Rapid Transit (DART) will not permit an additional crossing of the railroad. Given this restriction and in lieu of constructing extensions of Finley Blvd. and Leonard Drive., the developer is requesting a waiver that would allow him to construct a temporary emergency access road following the same route. This temporary road would serve as the secondary access point and allow emergency vehicles to access the development. A permanent public roadway would be constructed when development occurs adjacent to the temporary emergency access road. The City Council may approve a waiver if it makes findings based upon the evidence presented to it in each specific case that: (1) Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity; (2) The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Property Owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; (4) The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and (5) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations. The Planning and Zoning Commission reviewed this request on October 5t" and recommended approval subject to compliance with the specific conditions included in the attached Resolution. STAFF RECOMMENDATION: Staff has no objection to this waiver request conditioned on compliance by the developer with the conditions stipulated by the Planning and Zoning Commission and included in the attached Resolution. The City's consulting engineer has reviewed the proposed extension of Finley Blvd. and has offered an opinion that it would provide adequate access to the Palladium development. CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-124 (Waiver for Anna Town Square Development) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A REQUEST BY ANNA CROSSING AMC, LTD FOR A WAIVER OF CERTAIN REQUIREMENTS IN PART III -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 WHEREAS, In order to provide for the orderly development of land within the Anna city limits, 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, Article 1, Section 10 of the Subdivision Regulations allow the City Council to consider waivers or suspensions of certain provisions of the Subdivision Regulations where the Council finds that undue hardships will result from strict compliance with certain provisions, or where the purposes of the City regulations may be served to a greater extent by an alternative proposal; and WHEREAS, Anna Crossing AMC, Ltd is requesting that the City Council waive or vary the requirements in Article 3, Section 1.03(d) of the Subdivision Regulations regarding vehicular access to a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, within the Anna Town Square development; and WHEREAS, the Planning and Zoning Commission reviewed this waiver request on October 5, 2015 and recommended that the City Council approve the waiver subject to compliance with the certain conditions described herein; and WHEREAS, the City Council finds that granting the waiver will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver will not prevent the orderly subdivision of other property in the vicinity; and WHEREAS, the City Council finds that the conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought, and are not applicable generally to other property; and WHEREAS, the City Council finds that because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the property owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out; and WHEREAS, the City Council finds that the waiver will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and WHEREAS, the City Council finds that an alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations; 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 Waiver The City Council hereby approves a waiver of certain requirements in Part III -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, and further described in Exhibit 1 (the "Property"); subject to the following limitations and conditions: a) City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City of Anna, Texas (the "City'). b) This waiver shall only apply to development of the Property for a multi -family development consistent with the Concept Plan attached hereto as Exhibit 2 (the "Concept Plan"). c) The Concept Plan is for illustrative purposes only and shall not be viewed as part of a development application or a request for a permit. Changes to the concept plan may be required in order to meet the technical requirements of the City Regulations. d) The owner of the Property shall construct a minimum two-lane extension of Finley Blvd. and a four -lane median divided connecting road to a point intersecting with internal access roads that provide at least two routes to the interior of the Property as shown on the Concept Plan. All such roadways shall be constructed to meet all applicable City Regulations. e) The owner of the Property shall construct a temporary access road from the intersection of Finley Blvd. and the four -lane median divided connecting road to a point that connects to end of the completed section of Leonard Blvd. consistent with the alignment shown on the Concept Plan (the "Temporary Access Road"). f) The Temporary Access Road shall be designed by a Professional Engineer (P.E.) who shall certify to the City of Anna in letter form that the temporary access as designed will support fire apparatus as outlined in the International Fire Code, latest edition. Such design shall be adjusted as necessary based upon a geotechnical survey. g) Construction plans for the Temporary Access Road shall be subject to review and approval by the City. RESOLUTION NO. 2015-10-124 2 (Waiver for Anna Town Square Development) h) The surface of the Temporary Access Road shall be a minimum of two -course Bituminous Surface Treatment (Chip Seal) as outlined in the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction, latest edition, Division 400, Section 404.4 Bituminous Surface Treatment (Chip Seal) on appropriate sub -grade (minimum 8" of flex -base) as outlined in Division 300, Section 301, consistent with Exhibit 3. i) The minimum width of the Temporary Access Road shall be twenty-four feet (24') j) The Temporary Access Road design shall include a full storm sewer design plan with supporting hydraulic calculations to demonstrate that the drainage area surrounding the temporary access is conveyed properly without damaging upstream or downstream properties and that storm water will be conveyed so as to not degrade the quality or functionality of the Temporary Access Road. k) The design engineer shall supply a letter to the City of Anna certifying that there is no adverse impact to upstream or downstream properties as a result of the temporary access and storm sewer design. 1) The Temporary Access Road shall be owned and maintained in perpetuity in its constructed condition by the Anna Town Square Homeowners Association Inc. (the "HOX). Legal documents binding the HOA with the obligation to perpetually maintain the Temporary Access Road and dedicate right-of-way necessary to comply with Section 2(n) below shall be subject to review and approval by the City Attorney. m) The City of Anna may inspect the Temporary Access Road at its discretion and require the HOA to make any repairs that are necessary to return the roadway to its constructed condition. n) The Temporary Access Road shall be gated at each terminus and a knox box shall be installed at each gate subject to approval by the City of Anna Fire Department. o) A section of the Temporary Access Road shall be replaced with a permanent concrete public roadway when property located adjacent to that section of the Temporary Access Road is developed. Any such replacement roadways shall be constructed to comply with all applicable City Regulations. When replacement with a permanent public road is required, rights -of -way of appropriate width shall be dedicated by the HOA and any other owners of the affected property. Regardless of the location of the adjacent property to be developed, replacements of the Temporary Access Road required under this Section shall extend and connect to at least one terminus of the Temporary Access Road. Access gates and locking devices required under Section 2(m) shall be relocated as appropriate by the developer of the adjacent property. p) The Temporary Access Road shall be not be used as one of the points of access required under Part III -A, Article 3, Section 1.03(d) of the Anna City Code in connection with the development of any other property. RESOLUTION NO. 2015-10-124 3 (Waiver for Anna Town Square Development) PASSED on this 27th day of October 2015. APPROVED: ATTEST: Mike Crist, Mayor Carrie L. Smith, City Secretary RESOLUTION NO. 2015-10-124 (Waiver for Anna Town Square Development) 4 ANNA CROSSING AMC, LTD By: Anna Crossing AMC GP Corporation, its General Partner 8214 Westchester Suite 710, Dallas, Texas 75225 September 8, 2015 Philip Sanders City of Anna 111 N. Powell Parkway P.O. Box 776 Anna, TX 75409 Dear Philip, With regard to our proposed 180-unit multi -family Palladium Anna development in Anna Town Square ("ATS"), we respectfully request the City to waive its requirement that each subdivision have two fully paved access points connecting to the City's approved roadway system. Anna Crossing AMC, Ltd. is proposing an alternative solution that provides one fully improved access point and a second emergency access point that provides for the health, safety, and welfare of citizens and emergency personnel. The ATS master plan is in a hardship at this time being that any immediate, full and secondary point of access in addition to the very costly main entrance and DART crossing that is under construction) to ATS will have to have collaboration with other land owners to the north or south and cover very long distances. We have already made an enormous investment in the City with tremendous offsite utility, road infrastructure and a beautiful amenity package to kick start the master plan. Building a critical mass now is crucial to the success of the master plan and surrounding area, and Palladium Anna will bring high quality standards forthe multi -family component of ATS. In orderto make Palladium a reality and for ATS to achieve the essential critical mass, we need the City's help to allow Anna Palladium to have one paved access point to City improved roadways, and a second emergency access point of flex -base material described in more detail below. We wish to thank the City of Anna for allowing ATS and Palladium to present the first proposed multi -family component of Anna Town Square. We believe that the addition of the Palladium community inside Anna Town Square will be a catalyst for quality multi -family development in Anna Town Square and accelerate commercial development in ATS, which will help foster the continued economic growth of the City of Anna. Palladium is a high quality builder/operator that is making a long-term ownership commitment with a minimum 15 year holding period. They have extensive experience in building a variety of quality multifamily projects. We have worked together over the last several months to design an attractive, high quality multi -family development that the City, Palladium, and ATS can be proud to endorse. In connection with the Anna Palladium development, we are proposing to construct all the necessary public improvements to serve the site with water, sewer, and vehicular access from the newly improved Finley Boulevard and Sharp Street intersection (Exhibit A). In order to satisfy the City's requirement for each subdivision to have two points of access to the City's improved road system, we are proposing that the City allow us to: August 31, 2015 Page 2 of 4 Mr. Philip Sanders 1. Construct the second point of access on Finley Boulevard out of a temporary flex -base material rated for the use of emergency vehicles (Exhibit B: Blue) until such section is fully paved with the development of contiguous land. 2. This section will connect from the existing concrete portion of Leonard Boulevard (Exhibit B: Green) and extend to the proposed extension of Finley Boulevard (Exhibit B: Orange) that will be constructed with Palladium Anna. 3. We will prepare fully engineered plans of the flex -based access road, including a plan and profile to show how the roadway will drain and not wash out or dam up water on the site. (example shown in Exhibit C) 4. We will provide a design for the cross section that will be fully approved by a geotechnical engineer to verify that the flex -base road along with any required surface treatment is adequate for emergency vehicle use. (example shown in Exhibit D) Your response e-mail on August 21't to our initial request for the waiver outlined the City's concerns with our request due to maintenance concerns and the qualifications under Article 1, Section 10 of the City Regulations. Addressing the maintenance issue first, you asked "What assurance would the City have that the private access road is perpetually maintained in a manner to accommodate emergency vehicle traffic?" Response: The Anna Town Square HOA will agree in writing to maintain the access road until such time that the permanent road is constructed at such time as the contiguous property is developed. Required qualifications under Article 1, Section 10 of the City Regulations: 1. Granting the waiver/suspension will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the waiver/suspension will not prevent the orderly Subdivision of other property in the vicinity. Response: As stated previously, the flex -base road will be provided as the second point of access in the event of an accident on or around Palladium Anna. If Finley Boulevard is blocked for any reason, emergency personnel will be able to access Palladium Anna from the flex -base road with the same efficiency and safety as a paved road. The flex -base road will not be injurious to other property of the owners of other property because the alignment of the road will be the same alignment as the future Finley Boulevard. The land that the flex -base road will be constructed on will be dedicated to the City and used for the future alignment of Finley Boulevard. In addition, easements will be granted by all property owners in which the flex -base road passes through. 2. The conditions upon which the request for a waiver/suspension is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property. What are the unique property conditions that you would ask the Council to consider? Response: Anna Town Square is a property unique in its location due to the access restriction imposed on it by the DART Railroad that borders the master plan on the west, and a lack of any August 31, 2015 Page 3 of 4 Mr. Philip Sanders infrastructure in the area. The only points of access to the City's improved roadway system for ATS are Hwy 5 and County Road 422 (See Exhibit B). The developer has financed upwards of $450,000 for the DART crossing and approximately $1,600,000 forjust the spine road improvements to create circulation from Hwy 5 to CR 422. The DART crossing creates a unique burden on this property because DART (an entity separate from the owner and the city) controls ATS' access to Hwy 5, the City's only major north south thoroughfare on the east side of town. DART has repeatedly refused multiple requests from the developer and the City for additional crossings for this development and/or any other locations along this line. The only other major thoroughfares in proximity to ATS are FM 455 and the Collin County Outer Loop which are both almost a mile from the nearest termination point of the currently improved spine road within ATS (Exhibit Q. This creates a very difficult and unusual circulation impediment. If the developer is forced to extend Finley Boulevard and Leonard Boulevard with pavement instead of flex -base to complete the circulation of ATS within itself, the developer will be forced to construct nearly the same distance of pavement as would be necessary to connect to FM 455 or the Collin County Outer Loop. This cost was not contemplated to be a requirement until the property contiguous to this road was developed. If the DART Rail did not impede access to Hwy 5, Palladium Anna could draw one point of access from Finley Boulevard as proposed in Exhibit B, and a second point of access would be provided from Hwy 5 (only 500 feet away). Due to DART constraints, this is not an option four us. 3. Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular undue hardship to the Property Owner would result, as distinguished from a mere inconvenience or increased expense, if the strict letter of these regulations is carried out. It is our understanding that the primary reason for the request is to address a financial concern related to the development. We are not aware of other issues related to this request that would support finding (3) above. Response: As we have discussed with the City at length, the looping of the road is an extraordinary financial challenge for the development. However, it is caused by the geographic and development constraints due to DART. As previously stated, the DART Rail is a "physical surrounding" which causes an "undue hardship" given the fact it cannot be moved, crossed, nor circumvented due to either lawful restrictions by its owner (DART) and/or an extremely high cost burden to the developer. 4. The waiver/suspension will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City; and Response: The flex -base road will not vary the provisions of the Zoning Ordinance, Comprehensive Plan (as amended), or any other adopted plan(s) or ordinance(s) of the City to other property of the owners of other property, because Palladium Anna and the flex base road installation will set the future road alignment for Finley Boulevard to intersect Leonard Boulevard. This segment of road will remain within the boundary of ATS and will not affect any neighboring properties zoning and will follow the general alignment laid out by the City's Future Land Use Plan. 5. An alternate design will generally achieve the same result or intent as the standards and regulations prescribed in City's regulations. August 31, 2015 Page 4 of 4 Mr. Philip Sanders Response: The alternate design will achieve the same result as the city's standards and regulations. The flex -base road will allow two points of access in the case of an emergency and it will be built along the prescribed alignment of the Future Finley Boulevard as to not affect the planning of any other parcel of land. The flex -base road will allow the developer to follow the City's requirement of building the road contiguous to the property being developed. Therefore, the same results are achieved by building a new road up to the entrance of Palladium and constructing a flex - base emergency access within the future Finley Boulevard ROW to Leonard Boulevard. Our proposed request offers a mutually beneficial solution to provide the access needed to continue to gain critical mass in the master plan, while maintaining the health, safety, and welfare of ATS and the City's citizens, and relieve ATS of this undue hardship. Anna Crossing AMC, Ltd. is not requesting that it be relieved of its obligation to construct Finley Boulevard and Leonard Boulevard. We are requesting to fulfill our obligation as property contiguous to the flex -base road is developed. Thank you for your consideration, John D. Arnold JIUIHM 9NINNV1d (INV] ; ON IH33 N ION9 r _ rm„w,^oo, e,m: cTi 'JNISSOW VNNV aiw Ain Q]] w1Mw wwY n +p AYObIWItID Ytl 1 1 ! e' 1 '� � :. � 1 x,�-; Viz`: /::r` •�-\" r. M 1 f i .Y E •� ai f1 N ��{010{p N� ul Nm��EJI SP:i aN NiY E� �« g .. gE� lo-maee�mr iomve ��e.,.�v lI9IHX3 9NINNVId aNtll nrlwmr9 N I H 3 El I E) Nial 'JNIH33 NI'JN3`� SVX31.bN%ro do ANC ��''"�.� a 3 1 S 9NISS0dD VNNV Vb M3 3tl YOi •vly..., ,..,,.. ov .n wmmwowlvm ua Ng yam K) 9sa f P u � o u oy`gc o I u Equ 5?yy�y(atN F z a I IIII ^N _. I .�..�1.� i. F.__• � I j . N M \ l^\\\ t` tJ U-J \4\� u Each; pi C VVI � 5 pqF ayplE L 111 sk , f � Eiayg it E t6 b; 4 D ALPHA fXTESTING WHERE IT ALL BEGINS BH Phase IH SF, Ltd, 8214 Westchester, Suite 710 Dallas, Texas 75225 Attention: Mr. John Arnold. Ceoteclookol Construclian 6411terlals L•nnirnnbreutal TEPE Firm No. 813 June 17, 2014 5058 Brush Creeh Roarl I Tel: 817-496-5600 Foa Words, Terns 76119 Far: 817-496-5606 uv-m. alphalesllaAcom Re: Addendum to Geotechnical Exploration Breezy Hill - Phase III/IV Off Breezy Hill Road Rockwall, Texas ALPHA Report No. 0140083A-rev This report serves as an Addendum to ALPHA's Geotechnical Exploration (ALPHA Report No. 0140083 dated April 25, 2014) and should not be considered separately from that report. We understand the Client will construct a temporary fire access road between Phases III and IV in the Breezy Hill subdivision. We also understand the fire lane will be composed of 8 inches of compacted crushed concrete base material over a subgrade consisting of 6 inches of recompacted onsite clay soils. For this analysis, we have assumed the temporary fire lane will be in service for less than 2 years and will not experience any significant traffic except for emergency fire buck and medical vehicle access (typical 75,000 lb vehicles).. Based on the information discussed above, it is our opinion the temporary fire lane consisting of 8 inches of compacted crushed concrete base material over a 6 inch recompacted clay subgrade is suitable for support of emergency fire truck traffic and medical vehicle access for about 3 years. Periodic maintenance, filling of potholes, ruts, erosion, etc., should be anticipated. After a period of 3 years or at completion of construction activities, the fire lane should be visually re- evaluated for arts, erosion and potholes if it will still be in service. Potholes, ruts and insufficient flexible base thicknesses should be filled with additional imported crushed concrete material rather than fiom re -graded adjacent materials. Prior to placement of the crushed concrete, the existing subgrade soils should be proof -rolled, scarified and re -compacted per the recommendations in the original report. Crushed concrete material should meet the requirements of TxDOT Item 247, Grade 1 or 2 and be placed in loose lifts not exceeding 10 inches and compacted to 98 percent of the maximum dry density as determined by the Standard proctor (ASTM D 698) at a workable moisture content near optimum. ALHA Report No. G140083A-rev All other recommendations in the referenced geotechnical report remain unchanged. We appreciate the opportunity to be of service. Please contact us with any questions or comments. Sincerely, ALPHA TESTING, INC. Mark L. McKay(JA Senior Geotechnical MLMBAP Copies; (1) Client y�P..E OF r� gs,tl MARK L. McKAY 91067 � ���.S���ENSE�•���t 01� S�ONALrc�=t,i o P.E. President J:1 - S{uegm�iolupg�.-� j`'� '\ uLtOnwo - o ®., 4 r (1 I ip.VIaIIIgoM � I S.,(�l I 77 t�� - J is /g_ _ - b•. e'does na hd+ j •- BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 JOHN W. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T GRAJEWSKI, 1I1, P.E. DEREK B, CHANEY, P.E. CRAIG M KERKHOFF, P E. Mr. Joseph Johnson, CPM Director of Public Works City of Anna 3223 North Powell Parkway Anna, Texas 75049 Re: Palladium development — Site Access Dear Mr. Johnson: Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 October 20, 2015 As you requested, we have evaluated the site access for the proposed Palladium Development Based on the information provided to us by the City, the proposed development has requested that the second point of emergency access be constructed of a material that does not meet City standards, and that this roadway would be for emergency access only. All traffic for the proposed development would access the site through the proposed 2-lane concrete roadway. See enclosed exhibit for emergency access and site access locations. The capacity for a 2-lane roadway operating at a Level of Service (LOS) C is approximately 9,000 vehicles per day. With the Palladium development generating an average of 1,260 week day trips, the proposed 2-lane roadway would have adequate access to support the Palladium development. Sincerely, Craig M. Kerkhoff, P.E. 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O CD (D I h 0< CCDD 0(D rt m D O rt 7 CD O .0 0 � O _ 7CD (07 CD z = 7 (0 p p 0 �3 O_ O . 0 O Q 0 00 (D (D U7 Zu CD m O 3 J 7 3 (D 7 O 'a -p CD 0 (D T. 0 - O - 7 O O -p ci J Z O (D C CD (0 00 ON 07-0=` ort - (7D �0 a z0 Fn._ Cl) O (D p CD CD CD 0 CD (D (D �' p (D GZ) '� .7-F W 7 a rt BINDER 8" FLEX BASE SUBGRADE SOIL SHALL BE COMPACTED AS PER GEOTECH REPORT AGGREGATE NOTES: 1. PAVEMENT SECTION IS TO BE USED FOR EMERGENCE ACCESS ONLY. SECTION HAS NOT BE DESIGNED FOR USE AS A PUBLIC ROADWAY. 2. MATERIAL AND INSTALL SHALL CONFORM TO TXDOT STANDARDS. Temporary Pavement Section N.T.S. CITY OF AN NA, TEXAS Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: a. Conduct a Public Hearing on a request to amend the zoning and development standards in Ordinance No. 129-2004 for a 9.482 acre tract of land located in the Grandison Stark Survey, A-798, and in the Anna Town Square development. (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, and in the Anna Town Square development. SUMMARY: The request for zoning change contains 9.482 acres in the area commonly referred to as Anna Town Square. The property backs up to the Dart Rail to the west that creates some access difficulties since two points of improved access is required for all developments. Item 15 of this agenda provides an alternative to this situation that has been provided by the developer. This zoning request changes the existing entitlements for multi -family development to more enhanced standards than currently exist for this specific part of Anna Town Square. The staff has worked with the applicant to improve the requirements that are found in the attached ordinance. Several items to note are as follows: Masonry content — The current entitlements have the masonry content at 75 percent. The proposal is still 75; however, the standard is now 90 percent in new multi -family developments. With the elevations provided the staff believes that the result will be appropriate. If the elevations provided change then the standard would be increased to 90 percent. Garages — Our current parking ordinance requires 75 percent of the parking be covered. However, the last PD had 36 percent garages as part of the 75 percent. This request provides 75 percent covered and 21 garage spaces. With affordable house free parking is required by the State. Normally, garage spaces cost additional funds. Within this development are 52 market rate apartments. 40 percent would require the placement of 21 garage units on the site. Screen Wall- Within this ordinance it is allowable to use the 8' masonry wall as the back of garages instead of providing a wall then a setback and then a building which creates a no man land in between two walls. This allowance shows in the side and rear yard requirements of the ordinance. The staff is recommending approval of this ordinance. The Planning and Zoning Commission recommended approval of the zoning request at their meeting September 14th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. 2015-703 (Property rezoned under this ordinance is generally located east of the Dart Railroad and north of Finley Blvd.) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located east of the Dart Railroad and north of Finley Blvd. revising the existing "PD 129-2004" as amended to refine the multi -family element; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A modifying the existing PD 129-2004 as amended with revisions to the Multi -Family Residential (MF-1) element with a maximum of 180 units within the tract. Standards for Multi -Family Uses in the Planned Development: 1. MF-1 MULTI -FAMILY RESIDENTIAL Multi -family Units: Any Multi -Family area shall be developed in accordance with the "MF-1 — Multiple Family Residential" regulations of the City of Anna Zoning Ordinance as presently existing or as they may be amended or identified herein. A maximum of 180 units within the tract shall be permitted. Additionally, Multi -Family units shall be developed in accordance with the following criteria: Lot Area: The minimum area of any lot shall be shall be 8 acres if property is developed as Multi -Family. ii. Required Parking: Parking requirements for multifamily development areas shall be one and one-half (1.5) spaces per one -bedroom and efficiency units, two (2) spaces per two or more bedroom units. iii. Minimum Dwelling: The minimum floor area for multifamily units with one bedroom shall be eight hundred (800) square feet, for two bedrooms shall be nine hundred and fifty (950) square feet, and for three bedrooms shall be one thousand one hundred and fifty (1,150) square feet exclusive of open breezeways and porticos. Any additional bedrooms shall be a minimum of 150 square feet. iv. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area by covered by the combined area of the main buildings and accessory buildings. a. All MF units must be located within six hundred feet (600') of a usable open space area. The Planning & Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the MF development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance. b. Within useable open space areas, there shall be at least one (1) tree for every one thousand (1,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (3") in caliper. C. Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve, full or partial credit for open areas that exceed the 20% maximum slope if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area. ORDINANCE NO. 2015-703 2 (Property rezoned under this ordinance is generally located east of the Dart Railroad and north of Finley Blvd.) d. Pools, tennis courts, walkways, patios and similar outdoor amenities as well as the existing Lone Star Gas Easement may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space. V. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet. vi. Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. vi. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. _' vii. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. If a side yard is adjacent to a single family residential district, there shall be a twenty-five (25) foot setback and a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. The side setback may be reduced to zero (0') feet when an area is used as a garage that backs to a tract and acts as a perimeter fence. viii. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear yard is adjacent to a single family residential district, there shall be a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. The rear setback may be reduced to zero (0') feet when an area is used as a garage that backs to a tract and acts as a perimeter fence. ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty five (45) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. X. Screening Requirements: Border fencing of masonry construction (approved by the City) of not less than eight feet in height shall be installed by the builder at the time of construction of any Multi -family complex, along the north property line except where the fence crosses the Lone Star Gas line easement where a steel fence will be required with a gate. A steel or masonry fence shall be placed on all other property lines. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. xi. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building except that the middle units of a building are not required to have an offset if significant other articulations are provided for as approved by the Planning Director. xii. Masonry Requirements: All principal multi -family buildings and structures shall have at least seventy five percent (75%) if built in conformance with the attached building elevation ORDINANCE NO. 2015-703 3 (Property rezoned under this ordinance is generally located east of the Dart Railroad and north of Finley Blvd.) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas constructed of acceptable masonry wall construction, in accordance with the city's building code and fire prevention code. If a different elevation is substituted for approval the masonry content shall be ninety percent (90%). xiii. A minimum of 135 of the parking spaces must be covered. Of those 135 spaces, there must be 21 garages that are constructed of the same materials or similar to the fagade of the main structures. xiv. The building must have roof articulation approved by the Planning Director. The main roof plane shall not occupy more than 70 percent of the plane. 01 _ _ J xv. The Club House must be constructed during the construction of the first phase of the planned development to receive a certificate of occupancy. xvi. The water and sewer service for this property must be approved by the City. xvii. The property must be platted prior to the issuance of a building permit. xvii. Any structure over 6,000 square feet shall be sprinkled. Additionally, firewalls required by code or recommendations from the Fire Chief will be addressed during plan review. e. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. 411L Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become ORDINANCE NO. 2015-703 4 (Property rezoned under this ordinance is generally located east of the Dart Railroad and north of Finley Blvd.) effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date ;h, 4F 410 This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 27t" day of October 2015. ATTESTED: Smith, City Secretary ORDINANCE NO. 2015-703 (Property rezoned under this ordinance is generally located east of the Dart Railroad and north of Finley Blvd.) APPROVED: Mike Crist, Mayor 5 Metes & Bounds Description SITUATED in the State of Texas, County of Collin, and City of Anna, being part of the Grandison Stark Survey, Abstract No. 798, and being part of a called 40.00 acre tract as recorded in Volume 5622, Page 1863 of the Collin County Land Records with said premises being more particularly described as follows: COMMENCING at a wood fence corner post in the east right-of-way line of the Dallas Area Rapid Transit rail line marking the southwest corner of said 40.00 acre tract and the most westerly northwest corner of an 80.00 acre tract as recorded under Document No. of the Collin County Land Records; THENCE with the south line of said 40.00 acre tract and the north line of said 80.00 acre tract, South 87"54'05" East, 52.17 feet to a Glas capped iron rod found and South 89°13'04" East, 21.47 feet to a Glas capped iron rod set marking the POINT OF BEGINNING for the herein described premises; THENCE with the west line of said premises, being 120 feet east of and parallel to the centerline track of the Dallas Area Rapid Transit rail line, North 19°48'29" East, 642.20 feet to a Glas capped iron rod set marking the northwest corner of said premises; THENCE with the north line of said premises, North 89055'58" East, 553.41 feet to a Glas capped iron rod set marking the northeast corner of said premises; THENCE with the east line of said premises, South 09°21'00" East, passing a Glas capped iron rod found at 93.61 feet marking the most northerly northwest corner of said 80.00 acre tract and continuing along a west line of said 80.00 acre tract for a total distance of 625.07 feet to a Glas capped iron rod found marking the southeast corner of said premises, an interior ell -corner of said 80.00 acre tract, and being in the south line of said 40.00 acre tract; THENCE with the south line of said 40.00 acre tract, the south line of said premises, and a north line of said 80.00 acre tract, North 89013'04" West, 872.67 feet to the point of beginning and containing 10.00 acres of land. 0 o cp 0 o 0 0 v 0 E O v = O-0 O C 7 CD p NCA D S O N p-0 (-D N N (�D m `� 00 (D rt ` G < (] Cn O - C 7 (D C p p CnO < (D O OL C C-)N O Cn 070 0 n 0 p D Q -O -O CD 0_ p LO CD 'O O O O 0 CD U) C CD CD t=3 p' O< CD - 3 -O 7 0 o I O c p a CAD (D .� (D `G CD CD 0 (D U) (D O I p - J O CD Cn o C o CD rt (] 0- - CAD � - �� _0 0 0� p Wo��0 m 0 0 C° 3 o -o (D fi c� O 7• tp 3 a O p m D�, rt 3m� 0 �o r� O 0 00 7 C n 7 7 0 CD (D (D C x CD 7 0 7 -. 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O CD (D I h 0< CCDD 0(D rt m D O rt 7 CD O .0 0 � O _ 7CD (07 CD z = 7 (0 p p 0 �3 O_ O . 0 O Q 0 00 (D (D U7 Zu CD m O 3 J 7 3 (D 7 O 'a -p CD 0 (D T. 0 - O - 7 O O -p ci J Z O (D C CD (0 00 ON 07-0=` ort - (7D �0 a z0 Fn._ Cl) O (D p CD CD CD 0 CD (D (D �' p (D GZ) '� .7-F W 7 a rt Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27th, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as PD Planned Development for multi- family and commercial uses. The owners of the property are requesting a change in the PD to increase the standards in regard to multi -family development element if multi -family takes place on a certain 9.482 acres within the existing Planned Development that was approved by ordinance number 129-2004. The remainder of the ordinance is still applicable. The property is generally located east of the railroad track and north of Finley Drive. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF AN NA, TEXAS Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: 10//13/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a recommendation to amend the Comprehensive Plan and Thoroughfare Master Plan for Foster Crossing Blvd., Ferguson Pkwy., Taylor Blvd., and Finley Blvd (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 SUMMARY: 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. Therefore, 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. EXHIBIT A EXHIBIT B The proposed alignments show Taylor Blvd and Finley Blvd dead ending into Ferguson Parkway and has Foster Crossing Blvd. following the existing right-of-way alignment. . additionally, Foster Crossing Blvd. has been reduced to a four land divided thoroughfare in 80 feet of right-of-way instead of a six lane divided thoroughfare in 120 feet of right- of-way. The proposed land uses have been adjusted accordingly. Decisions by a previous City Council to adopt a roadway master plan and land use 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. The Planning and Zoning Commission recommended approval of the amendments to the Comprehensive Plan at their meeting, October 5t", 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of amendments CITY OF ANNA, TEXAS ORDINANCE NO. 2015-704 (Amendment to Comprehensive Plan 2030) AN ORDINANCE OF THE CITY OF THE ANNA, TEXAS, PROVIDING OR 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. WHEREAS, the City Council of the City of Anna had determined that the existing Comprehensive Plan Map was in need of updating; and WHEREAS, such Plan has been drafted and reviewed by the staff, the Planning and Zoning Commission, and the City Council; and, WHEREAS, the required public hearings have been held, in compliance with State law, receiving public comments; and WHEREAS, such Comprehensive Plan Map revision has been presented to the City Council for review and adoption; and WHEREAS, the City Council finds that it is in the best interest of the citizens of the City to approve and adopt the revision to the Comprehensive Plan 2030; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE ANNA, TEXAS: SECTION 1. That the City of The Anna Comprehensive Plan Map, adopted April 13, 2010, as amended, is hereby amended by adopting the Comprehensive Plan 20 2030, which is attached hereto and incorporated herein by reference as Exhibit "A", together with all Exhibits and Appendices thereto, be, and the same is hereby, approved and adopted by the City Council in accordance with Chapter 213 of the Texas Local Government Code. Section 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any 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, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and 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. # 1% DULY PASSED by the City Council of the City of Anna, Texas, this 271h day of October, 2015. ATTESTED: Carrie Smith, City Secretary APPROVED: Mike Crist, Mayor EXHIBIT "A" REVISED PORTION OF THE COMPREHENSIVE PLAN MAP Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON COMPREHENSIVE PLAN MAP AMENDMENT A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27, 2015 at 7:30 p.m. at Anna City Hall located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan Map. Copies of the Comprehensive Plan Map" are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF AN NA, TEXAS Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: 10/27/15 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: (a) Conduct a Public Hearing on a request to amend the zoning and development standards in Ordinance No. 2002-27A for a 63.867 acre tract of land located in the R C Ingraham Survey, A-0464 (b) Consider/Discuss/Action regarding a development standards in Ordinance No. located in the R C Ingraham Survey, A-0464. i Ordinance amending the zoning and 2002-27A for a 63.867 acre tract of land SUMMARY: 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 September 14t" meeting 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 8t", 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. 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. The Planning and Zoning Commission recommended approval of the zoning request at their meeting October 5th, 2015. The vote was unanimous. STAFF RECOMMENDATION: Approval of ordinance. CITY OF ANNA, TEXAS ORDINANCE NO. 2015-705 (Re -zoning Foster Creek) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS., said Property is generally located east of Pecan Hollow and north of Foster Crossing Blvd. is being rezoned from Planned Development District (PD) zoning to Planned Development (PD) Single Family Residential zoning, WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Planned Development (PD) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF- 72) Development Standards or more restrictive as set forth below and all unspecified regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PD-72 Development Standards: a. Building and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD-72 areas: Minimum Floor Area — The minimum floor area per dwelling unit shall be one thousand six hundred (1,600) square feet with up to 10% of the lots being one thousand four hundred (1,400) square feet. ii. Lot Area — The minimum area of the lots shall be seventy-two hundred (7,200) square feet with fifteen (15) lots allowed at a minimum six thousand six hundred (6,600) square feet. iii The Overall Average Lot Area — The overall average lot area of all the residential lots within the request as defined on Exhibit "A" shall be a minimum of eighty four hundred (8,400) square feet including the sixty six hundred (6,600) square feet lots. iv. Lot Coverage — In no case shall more than fifty five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. V. Lot Width — The minimum width of any lot containing seventy-two (7200) hundred square feet or more shall be a minimum of sixty (60) feet wide. The minimum width of any lot containing less than seventy-two (7,200 hundred square feet shall be a minimum of fifty five (55) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, may have a width of forty-five (45) feet at the front building line; provided all other requirements of this section are fulfilled. vi. Lot Depth — The minimum depth of any lot shall be one hundred (100) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve ORDINANCE NO. 2015-705 2 (Re -zoning Foster Creek) may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. vii. Front Yard — The minimum depth of the front yard shall be twenty (20) feet. Covered drives (no carports), garages and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. viii. Side Yard —The minimum side yard shall be five (5) feet. The side yard adjacent to a street shall be ten (10) feet. ix. Rear Yard — The minimum depth of the rear yard shall be fifteen (15) feet. 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or ORDINANCE NO. 2015-705 3 (Re -zoning Foster Creek) parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 27th day of October 2015. ATTESTED: Carrie L. Smith, City Secretary ORDINANCE NO. 2015-705 (Re -zoning Foster Creek) APPROVED: Mike Crist, Mayor 0 EXHIBIT A Metes & Bounds Descriotion SITUATED in the State of Texas, County of Collin, and City of Anna, being part of the R.C. Ingraham Survey, Abstract No. 464 and part of the James Slater Survey, Abstract No. 868, and being all of a called 30.00 acre tract of land as described under Document No. 20070413000SO1940 of the Collin County Land Records and being the same tract of land described as Tract 3 in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records, part of a called 32.00 acre tract as recorded in Volume 5404, Page 22 of the Collin County Land Records and being the same tract of land described as Tract 1 - Parcel B in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records, and being all of the remainder of a called 15.00 acre tract (Tract 2) as recorded under Document No. 20070413000501940 of the Collin County Land Records, and being the same tract of land described as Tract 2 in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a PK nail found in the approximate center of County Road 366 marking the southeast corner of said 30.00 acre tract, the southeast corner of said premises, and being the southwest corner of the remainder of a called 154.31 acre tract as recorded under Document No. 20091120001412560 of the Collin County Land Records; THENCE with the approximate center of County Road 366, the south line of said 30.00 acre tract, and the south line of said premises, South 89°54'07" West, 891.38 feet to a PK nail found marking the southwest corner of said 30.00 acre tract, the southwest corner of said premises, and the southeast corner of a called 1.00 acre tract as recorded under County Clerk File No. 94-0112706 of the Collin County Land Records; THENCE with the west line of said 30.00 acre tract, the west line of said premises, the east line of said 1.00 acre tract, the east line of Joan Luscombe's tract as recorded under Document No. 20150318000293470 of the Collin County Land Records, the east line of a called 11.00 acre tract as recorded in Volume 5431, Page 5242 of the Collin County Land Records, and partway with the approximate center of Private Road 5302, North 01°18'43" West, 1,207.91 feet to a Glas capped iron rod found marking the northwest corner of said 30.00 acre tract, the northeast corner of said 11.00 acre tract, and being in the south line of a called 10.00 acre tract as recorded under Document No. 20091120001412550 of the Collin County Land Records; THENCE with a north line of said 30.00 acre tract, a north line of said premises, and the south line of said 10.00 acre tract, North 88°28'14" East, 465.63 feet to an Owens capped iron rod found marking an interior ell -corner of said 30.00 acre tract, an interior ell -corner of said premises, and the southeast corner of said 10.00 acre tract; THENCE with a west line of said 30.00 acre tract, a west line of said premises, and the east line of said 10.00 acre tract, North 00°13'20" West, 412.38 feet to an Owens capped iron rod found marking the an interior ell -corner of said premises, the northeast corner of said 10.00 acre tract, and the southeast corner of said remainder of a called 15.00 acre tract; THENCE with the south line of said premises and the north line of said 10.00 acre tract, South 88°28'07" West, 998.31 feet to an Owens capped iron rod found and South 19°07'09" West, passing a %- inch iron rod found at 432.78 feet and continuing for a total distance of 440.82 feet to a point marking the most a southeast corner of said premises, the southwest corner of said 10.00 acre tract, being in the south line of said 15.00 acre tract, and being in a north line of a called 158.95 acre tract as recorded under Document No. 20110527000548820 of the Collin County Land Records; THENCE with the south line of said 15.00 acre tract, the south line of said premises, and a north line of said 158.95 acre tract, South 88°26'55" West, 576.21 to a 5/8-inch iron rod found marking the southwest corner of said 15.00 acre tract, the most westerly southwest corner of said premises, an interior ell -corner of said 158.95 acre tract, and being in the east line of Pecan Grove Phase 1, an addition to the City of Anna as recorded in Volume Q, Page 555 of the Collin County Map Records; THENCE partway with the west line of said 15.00 acre tract, the west line of said premises, partway with the west line of said 32.00 acre tract, and the east line of said addition, North 00°03'39" East, 235.76 feet to a point in a Hackberry Tree marking the most westerly northwest corner of said 32.00 acre tract, the most westerly northwest corner of said premises, and the southwest corner of a called 15 acre tract (Tract 3) as recorded in Volume 4162, Page 2694 of the Collin County Land Records THENCE with a north line of said 32.00 acre tract, a north line of said premises, and the south line of said 15 acre tract, North 88°46'36" East, 395.65 feet to a wood fence corner post found marking an interior corner of said 32.00 acre tract, an interior corner of said premises, and the southeast corner of said 15 acre tract; THENCE with a west line of said 32.00 acre tract, a west line of said premises, and the east line of said 15 acre tract, North 15°42'13" East, 1,263.76 feet to a 5/8-inch iron rod found marking the most northerly northwest corner of said 32.00 acre tract, the most northerly northwest corner of said premises, and the southwest corner of a called 23.5 acre tract (Tract 1) as recorded in Volume 4162, Page 2694 of the Collin County Land Records; THENCE with the north line of said 32.00 acre tract, the north line of said premises, and the south line of said 23.5 acre tract as follows: South 81°26'58" East, 858.39 feet to a wood fence corner post; South 51°33'18" East, 315.46 feet to a %-inch iron rod found marking the southeast corner of said 23.5 acre tract and the southwest corner of a called 9.920 acre tract as recorded under Document No. 20061220001790430 of the Collin County Land Records; South 51°25'13" East, 277.54 feet to a Roome capped iron rod found; South 86°07'34" East, 149.05 feet to a point marking the most easterly northeast corner of said premises; THENCE with the east line of said premises as follows: South 03°50'27" West, 179.92 feet; North 86°09'33" West, 49.76 feet; South 03°50'03" West, 87.55 feet; South 00°46'37" East, 112.52 feet to a point for corner marking the northeast corner of said 30.00 acre tract, the northwest corner of the aforementioned remainder of a called 154.31 acre tract, and being in the south line of said 32.00 acre tract; THENCE with the east line of said 30.00 acre tract, the east line of said premises, and the west line of said remainder of a called 154.31 acre tract, South 01°18'43" East, 1,750.40 feet to the point of beginning and containing 63.867 acres of land. m TTM r:r R CrA I � I [ I � I LANE z w w a PECAN GROVE DRIVE z m r m CAROLLANE WEST FOSTER CROSSING ROAD %ITY LIMITS S 42 Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27th, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as PD Planned Development for residential and commercial uses. The owners of the property are requesting changing the commercial portion of the tract to single family residential and to a adjust densities throughout the request. The property is generally located west of Powell Parkway and north of Foster Crossing Blvd. The Planned Development being revised is PD — 2002-27A. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS Item No. 18 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. 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. 19 City Secretary's use only City Council Agenda Staff Report Date: October 27, 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. 20 City Secretary's use only City Council Agenda Staff Report Date: October 27, 2015 Staff Contact: City Manager Exhibits: None