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HomeMy WebLinkAbout2016-05-10 Work Session & Regular Meeting Packet Pin ILI V0UWH0Mz1110WN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL-WORK SESSION May 10, 2016 6:30 p.m. —Anna City Hall The City Council of the City of Anna will meet in Work Session at 6:30 p.m., on May 10, 2016 at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order, Roll Call and Establishment of Quorum 2. Discussion regarding FY 17 budget — Revenue Projections (Clayton Fulton) 3. Briefing regarding wastewater treatment plant operations (Joseph Johnson) 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 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 5. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 6. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. May 6, 2016. 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. 2 Item No. WS 1 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0F. N N A,v EXAS, ,t n date: May 10, 2016 .S t.a. ff Co tt t: City Administrator xtlibits- No AGENDA SUBJECT: Call to Order, Roll Call and Establishment of Quorum. SUMMARY: STAFF RECOMMENDATION: City Secretary-WS 1-Call to Order-Staff Report Item No. WS2 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 Salt.Contact. Finance Director ................................................................................................ xtlibif : Yes AGENDA SUBJECT: Briefing/Discussion regarding FY 17 revenue projections SUMMARY: Staff will review the General Fund projected revenue for the FY 17 budget. The revenue projections are preliminary and will change as the budget process moves forward. The Collin CAD appraisal process and the local/regional/national economy all have an effect upon the primary revenue sources for the City. Projections will be revised as we progress through the budget season and obtain more data on appraisals and local economic activity. Staff will present preliminary information on property taxes, sales tax, franchise fees, and development revenue. Historically, these revenue sources have comprised 90% all General Fund Revenue. Additionally, staff will present possible funding scenarios for roadways. STAFF RECOMMENDATION: None City Secretary-WS2-Budget Discussion on Revenue-Staff Report-5.10.16 Item No. WS3 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 t.a/t. ontact. Public Works Director ................................................................................................ xtlibif : AGENDA SUBJECT: Briefing regarding wastewater treatment plant operations (Joseph Johnson) SUMMARY: STAFF RECOMMENDATION: City Secretary-WS3-Wastewater Treatment Plant Item No. WS 4 City Secretary's use only City CowinclillIIID Stafiiirt i CHC 0 ANNA,IEXA, t May 10 2016 falt.Contact. City Manager xtiibif : N/A .......................................................... AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: Item No. WS 5 City Secretary's usy City IIID VIII Agenda Staff I�Rqpaiiil .......................................................................................................................................................................................................................................................... CH Y 0 ANNA,I EXAS, Date: May 10, 2016 ...........................................................................................t Staff Co n I a..........c . City Manager .... E"xhibits' N/A ......................................................... AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda or any closed session occurring during this Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: Item No. WS 6 City Secretary's use only City CowndidlIIID Staff IIII CH 0 ANNA,IEXA, Qat May 10, 2016 ,t � Contact. City Manager Xhibit : None ......................................................... AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Pin ILI Y�OUWHOMZIXIOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL— REGULAR SESSION May 10, 2016 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 May 10, 2016, 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, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed three minutes to speak to Council. 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. 1 Version 5/6/2016 8:28 AM a. Proclamations i. National Public Works Week ii. National Police Week 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 April 26, 2016. (Carrie Smith) b. Approve the City Council minutes for May 3, 2016. (Carrie Smith) c. Review EDC minutes for February 4, 2016 and March 3, 2016. (Jessica Perkins) d. Review CDC minutes for February 4, 2016 and March 3, 2016. (Jessica Perkins) e. Review Quarterly Investment Report. (Clayton Fulton) f. Approve a resolution authorizing an RFP for Audit Services. (Clayton Fulton) g. Approve a Resolution approving a Final Plat of Anna Crossing Phase 1 B. (Maurice Schwanke) h. Approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2016 Rate Review Mechanism filings. (City Manager) 6. Conduct a Public Hearing (1st) on the annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract 0823. (Maurice Schwanke) 7. Consider/Discuss/Action regarding an Ordinance approving the annexation of a 75.97 acre tract of land in the Joseph Slater Schluter Survey, Abstract 856 located south of FM 455 and east of Natural Springs Park. (Maurice Schwanke) 8. Consider/Discuss/Action regarding a Resolution approving the Fifth Agreement Amending the Subdivision Improvement Agreement for Anna Town Square. (City Manager) 9. Consider/Discuss/Action regarding a Resolution approving the First Agreement Amending Subdivision Improvement Agreement for Anna Crossing, Phase 3A. (City Manager) 10.Future Agenda Consideration: Ordinance amending building permit requirements in the extraterritorial jurisdiction. (Mayor Crist) 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 5/6/2016 8:28 AM 11.Briefing/Discussion regarding 2016 ICSC Annual Conference. (Jessica Perkins) 12.CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 13.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. 14.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. May 6, 2016. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 3 Version 5/6/2016 8:28 AM Item No. 1 City Secretary's use only City CowinclillIIID Stafiiirt ,t. . May '10, 2016 uty IManager xhibits. None AGENDA SUBJECT: Call to Order, Roll Call and Establishment of Quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City CowinclillIIID Stafiiirt r,TY0FANINA,'VEXAS ,t" : May '10, 2011 .Staff.... , ,rrt , t: Clity I anagen xf°ii �f . N/A .......................................................... AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: Item No. 3 City Secretary's use only City CowinclillIIID StafIIIr i CH 0 ANNA,IEXA, .t" : May '10, 20'1 .Staff , ,rr,t , t: Clity I anagen .......................................................... AGENDA SUBJECT: Citizen comments. SUMMARY: Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. STAFF RECOMMENDATION: Item No. 4 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, a,t May '11 , ff Cgnt , t: Clity IManager xf-iibff : N/ AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. SUMMARY: Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. STAFF RECOMMENDATION: Item No. 4 a. L City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Salt.Con tact: Joseph Johnson xtiibif : Attached. AGENDA SUBJECT: Proclamation for National Public Works Week 2016 sponsored by the American Public Works Association. SUMMARY: Public Works employees provide the foundational infrastructure that it takes to allow a city to thrive. Their efforts are important and should be recognized. As a part of our initiative to highlight the positive benefits that Public Works provides to our community we plan to celebrate National Public Works Week each year. This year we are planning an event for May 19, 2016 between 6:00 PM and 8:00 PM at Slayter Creek Park. We will have some of our new equipment there and will be cooking hot dogs for attendees. Our goal is to foster open communication with our citizens and highlight Public Works service. This year's theme for Public Works week is "Always There". This theme highlights that continuous Public Works services are essential and foundational to a great quality of life. STAFF RECOMMENDATION: Staff recommends designating May 15-21 2016 as "National Public Works Week". Cttp of Rnna, Texan WHEREAS, public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people of the City of Anna, Texas; and WHEREAS, such facilities and services could not be provided without the efforts of public works professionals, engineers, managers, directors, and employees at all levels of government and the private sector, who are responsible for planning, building, operation, and maintenance of transportation infrastructure, water supply, water treatment, solid waste systems and other services which are essential to serve our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in the United States of America to gain knowledge of and to maintain an interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, this year's theme "Always There" speaks to the essential nature of continuous Public Works services in support of everyday quality of life; and WHEREAS, the year 2016 marks the 56th annual National Public Works Week sponsored by the American Public Works Association, be it now THEREFORE, I, Mike Crist, Mayor of the City of Anna, Texas, do hereby designate the week of May 15-21, 2016, as "PUBLIC WORKS WEEK" in the City of Anna and I urge our citizens and civic leaders to gain knowledge of Public Works and to recognize the contributions that our Public Works professionals make to our national health, safety, welfare and quality of life. oil nitncss whcrcfOha77c hcrcuntc set mp hand thu 10`dq7,f CP , 2016a7id called this seal ter be cd ---------------------------------------- Mike Crist,Mayor Item No. 4 a. ii. City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Salt.Contact. Chief Jenks ................................................................................................ xtlibif : Yes AGENDA SUBJECT: A proclamation recognizing National Police Week. SUMMARY: National Police Week begins each year on May 15, Police Memorial Day in the United States, and ends a week later, and was established by President John F Kennedy. This year, National Police Week occupies May 15-21 on the calendar. This proclamation recognizes National Police Week 2016 and honors the service and sacrifice of those law enforcement officers killed in the line of duty across this great nation while protecting our communities and safeguarding our democracy. Item No. 5 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, t. l ay 10, 2016 ( �t„Coat. (: Cliff (lana eu ,,,,,,,,,,,,,,,, ,,,,,,,„,,,,,,,,,,,,,,,, ,,,,,,,,, xf,iibff : Attached .......................................................... AGENDA SUBJECT: These items consists of non-controversial or "housekeeping” items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve the City Council minutes for April 26, 2016. (Carrie Smith) b. Approve the City Council minutes for May 3, 2016. (Carrie Smith) c. Review EDC minutes for February 4, 2016 and March 3, 2016. (Jessica Perkins) d. Review CDC minutes for February 4, 2016 and March 3, 2016. (Jessica Perkins) e. Review Quarterly Investment Report. (Clayton Fulton) f. Approve a resolution authorizing an RFP for Audit Services. (Clayton Fulton) g. Approve a Resolution approving a Final Plat of Anna Crossing Phase 1 B. (Maurice Schwanke) h. Approve a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2016 Rate Review Mechanism filings. (City Manager) STAFF RECOMMENDATION: Staff recommends approval of the consent items. ANNA CITY COUNCIL MINUTES WORK SESSION April 26, 2016 v The City Council of the City of Anna met in Work Session on the abo e at Anna City Hall, located at 111 N. Powell Parkway (Hwy 5), regardiii h e f o I "IfIf"Ing items- 1 Call to Order, Roll Call and Establishment of Quor" Mayor Crist called the meeting to order at 6-30 A Council Members Justin Burr, Lauren Lovat ohn N Bryan, and Dick Dowd were present. Chad s a t d als M Iton) 2. Discussion regarding FY 17 bu A City Manager Sanders, present Ift e prelimin programmatic goals and objectives for Fiscal Year 17 B r f f, W 3. CLOSED SESSION I J ex. Gov't Code Chapter 551, the City Councill nter in c se ion to discuss any items listed or referenced on t en J der the following exceptions. NIF a. co n, 16111 regarding pending or contemplated Ii o If ters in which the duty of the attorney to the c' ern in t a7/11, 0 der the Texas Disciplinary Rules of fessional C uct of the State Bar of Texas clearly conflicts with �pter 551 of je Government Code (Tex. Gov't Code §551.071)- 'U ounda uilding Permit Requirements. 0", discuss or deliberate the purchase, exchange, lease, or value of ................ ....If, i perty (Tex. Gov't Code §551.072)- acquisition of right-of- sements, and land for municipal facilities. 0 uss or deliberate personnel matters (Tex. Gov't Code - City Attorney annual review. 9551.074)7 MOTION: Council Member Bryan moved to enter closed session at 7-08 p.m. Council Member Lovato seconded. Motion carried 6-0. Mayor Crist reconvened the open meeting at 7-31 p.m. April 26,2016 CC Work Session Minutes 4. Cons ide r/D iscuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. No action. 5. Adjourn. MOTION: Council Member Bryan moved to adjourn. Cou ,owd ............ seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 7-32 p.m. Approved he 016. ATTEST- City Secretary Carrie L. Mayor Mike Crist 11h, 11111"...................... ................... A1101111 April 26,2016 CC Work Session Minutes 2 ANNA CITY COUNCIL MINUTES REGULAR SESSION April 26, 2016 The City Council of the City of Anna met in Regular Session on the abo te at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), t nsi 1��f�,jjthe following items. ........... 1. Call to Order, Roll Call and Establishment of Quor Mayor Crist called the meeting to order at 7-32 0/1 Council Members Justin Burr, Lauren Lovat ohn Be Nd' ryan and Dick Dowd were present. Chad Barnes s 2. Invocation and Pledge of Alleg Mayor Crist led the Invocation a ledge gia 3. Citizen comments. Citizens a Bowed 3 m' s to speak. The Council is unable to respond to" s A issues are brought up during this Tn section that are no the ei an to make statements of --to a citizen's inquiry or to recite specific factual in tion i spons& existing policy in nse e i.nqui.ry. No C o m m TV 4. Recei reports S " or the City Council about items of comm ity interest. ' ms of community interest include- expressions of an regarding holiday ublic official, public status of a person's a reminder about an upcoming event pu office or public employment), .................... by the governing body, information regarding a eremonial, or community event organized or sponsored by an entity er than the governing body that was attended or is scheduled to be led by a member of the governing body or an official or employee of th" , "unicipality, 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 April26,2016 1 CC Regular Session Minutes 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 April 12, 2016. (Carrie MOTION: Council Member Dowd moved to approve. M Crist seconded. Motion carried 6-0. 6. (a) Conduct a Public Hearing on a request for a Ific U - r 1� for an animal grooming and boarding facility rop ated 7 at the southwest corner of the intersection . ...... R yb Y Memorial Highway (State Highway 121 M 9 y known as 7522 Sam Rayburn Memoria'j, Y_ AKA- Kane's Sleepy Dog Resort Mayor Crist opened the public 36 Applicant Steve Mills, 1154 akin Rd, B1 idge — requested Council approve the SUP. F Mary and Jesse ke in favor. Candace Fraz "1, '11927 1 02 spoke in favor. Mayor a ublic hearing at 7-38 p.m. MR/t/l/las (b) nsider/Di ss/Action regarding an Ordinance approving a b Sp c Use Per for an animal grooming and boarding facility p ty lo d at the southwest corner of the intersection of Ra morial Highway (State Highway 121) and FM 2862, nerally known as 7522 Sam Rayburn Memorial Hwy. (Maurice (cf, TION: Council Member Bryan moved to approve. Council Member vato seconded. Motion carried 6-0. ................... 7. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the US 75 Utility Relocation Project, and authorizing the City Manager to execute an engineering task order for the US 75 Utility Relocation Project. (Joseph Johnson) On March 8, the City Council approved a Resolution authorizing an Interlocal (ILA) Agreement with Collin County for the US 75 Utility April26,2016 2 CC Regular Session Minutes Relocation Project. On April 18, the County Commissioner's Court approved the ILA but amended Article IV and Article V prior to their approval. RESOLUTION 2016-04-168 - A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE US 75 UTILITY RELOCATION PROJ AUTHORIZING THE CITY MANAGER TO EXECUT INh/�� ENGINEERING TASK ORDER FOR THE US 75 ITY RELOCATION PROJECT, REPEALING RESOLUTION NO. -�� 03- 149;AND REPEALING RESOLUTION NO. 2016-03-150 ��� MOTION: Council Member Beazley moved to appro" ounc embe Bryan seconded. Motion carried 6-0. 8. CLOSED SESSION (EXCEPTIONS): Undo Gov ClC er 551, the City Council may enter into close ssion to disci F ems listed or referenced on this agenda unde a foil IJ�� nRf � ce s: 1��llllllll f�� �� i a. consult with legal counsel re ardin� � iding o contemplated ° � litigation and/or on matters � �i� ���'1 a du of lsattorney to the governmental body un the s �l t°� inary Rules of Professional Conduct of State Bar - exas clearly conflicts with Chapter 551 of the Gove ent Code ( . Gov't Code §551.071); ETJ Boundary, �� � Req uire ' nts.� , b. discuss or d »erate t p g urch��� change, lease, or value of real prope j�iaex. G Code §551.072); acquisition of right-of- way, easemew', J and for municipal facilities. . �1f/1111111111111111�111/l%%l , C. ds �� lib personnel matters (Tex. Gov't Code 1.074); Ci ttor"�� �.� annual review. i The unci) furthe serves the right to enter into closed session at any e 1 ughoi ny duly noticed meeting under any applicable epti����� „�w ti.pen Meetings Act. ouncil Member Burr moved to enter closed session at 7:46 , m. or Crist seconded. Motion carried 6-0. p Mayor Crist reconvened the meeting at 8:56 p.m. 9. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. MOTION: Council Member Bryan moved to take no action. Council Member Beazley seconded. Motion carried 6-0. April 26,2016 3 CC Regular Session Minutes 10.Adjourn. MOTION: Mayor Crist moved to adjourn. Council Member Bryan seconded. Motion carried 6-0. Mayor Crist adjourned the meeting at 8-57 p.m. J/d/da Approved on the 10th day ,,Maftl6 ATTEST- City Secretary Carrie L. Smith M %woo A, ....................... i,11 N(fi(f April26,2016 4 CC Regular Session Minutes ANNA CITY COUNCIL MINUTES SPECIAL SESSION May 3, 2016 The City Council of the City of Anna met in Regular Session on the abo te at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), t J , ns ,he following items. 1. Call to Order, Roll Call and Establishment of Quor Mayor Crist called the meeting to order at 7-30 A Council Members Justin Burr, John Beazle had B N rya n and Dick Dowd were present. Lauren Lovat 2. CLOSED SESSION (EXCEP r Code Chapter 551, the City Council may e 1�0'into close ssi ,n o discuss any items listed or referenced on this nda under t following exceptions- a. discuss or delib ase, nge, lease, or value of real property Go co acquisition of right-of- way, ease and, cl for municipal facilities. The Council furth es the right to enter into closed session at any time a uly noticed meeting under any applicable 94r; exc n t o t MA ings Act. MO N- Council mber Burr moved to enter closed session at 7-31 m. uncil Me r Dowd seconded. Motion carried 6-0. yo ' 'nvened the meeting at 9-09 p.m. TION: Council Member Dowd moved to adjourn. Council Member an seconded. Motion carried 6-0. -09 p.m. ................... Mayor Crist adjourned the meeting at 9. May 3,2016 1 CC Special Session Minutes Approved on the 10th day of May, 2016. ATTEST: City Secretary Carrie L. Smith Mayor Mike Christ May 3,2016 2 CC Special Session Minutes r%/ r Il/ MINUTES OF REGULAR MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION Jfrrrr %' 'F/,, rrrrr'r r �%�%�rr,�, o�r «0 j, Thursday, February 4, 2016 ��%rimrr��rrr� ; The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:001 p.m., can Thursday, February 4, 2016, at the Anna City Halla Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President, called the meeting to order at 5:31 p.m., and, after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Rall Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Lee Miller. Directors in Abstention. John Houcek, Doug Hermann and Michael Williams. A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy„ legal counsel for EDC; Jessica Perkins, Chief Administrative Officer, and Sherilyn Godfrey, Secretary. 3. Consider/Discuss/Action regarding approving a resolution for travel to the ICSC Conference in Las Vegas, NV from May 22-25, 2016. During the Td week of May, Jessica Perkins will be traveling to Las Vegas for this conference. It is anticipated that EDC will send three representatives with a cost of approx. $1,500.00 per person. Doug Hermann will also attend this conference with his expenses being paid by his company. Alonzo Tutson made a motion to adopt the resolution and to authorize the monies for all necessary expenses relating to this conference, as well as reimbursement from EDC, if applicable. t ADDITIONAL NOTICE REGARDING MEETING TIME:: In the event that the Anna Community Development Corporation meets at the same time and place scheduled for this meeting,then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. ILII OIt°IANT I.I:( .AI,NOOK F: I`lie corporation€telly vote,in LI/orad upon each of[lie itenis listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,whenever,it is considered necessary and legally iaistificd under the Opening Meetings Act. Disable persons who want to attend this ntcefing and who may need assistance should contact the City Secretary at 5972-924-3325 two working days prior to the rrteeting set that appropriate arrangements can he ntade. 02-04-2016 Regular ECIC Minutes.doc 1 Michael Williams seconded the motion. The motion passed with Brent Thomas abstaining. 4. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Discuss or deliberate Economic Development Negotiations: (1)To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2)To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087) Empowered Training Centre; Nimbix. Connie Stump read the foregoing into the record. Lee Miller made a motion to move to Closed Session that was seconded by Brent Thomas. Motion passed and the Board en- tered into Closed Session at 5:37 p.m. After discussing the business at hand, Lee Miller made a motion to adjourn Closed Session and return to Open Session. Brent Thomas seconded the motion. Motion passed, and Closed Session was adjourned on Thursday, February, 2016 at 6:00 p.m. 5. Consider/Discuss/Action regarding the performance agreement with Empowered Training Centre. Alonzo Tutson made a motion to table this item. Lee Miller seconded the motion. Motion passed. 6. Consider/Discuss/Action regarding the performance agreement with Nimbix. Nimbix has outgrown its space and needs to relocate; therefore, terminating their agreement with the EDC. Brent Thomas made a motion to adopt the resolution, authorizing staff to accept Nimbix's proposal for repayment of their performance agreement due to their relocation outside of the City of Anna. An amendment, to the current agreement will be drafted, referred to herein as a "Termination Agreement," attaching a payment schedule. There will be no prepayment penalties. The motion was seconded by Lee Miller. Motion passed. IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,whenever it is considered necessary and legally justified under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-04-2016 Regular EDC Minutes.doc 2 7. Consider/Discuss/Action regarding approving a resolution authorizing Anna Economic Development Corporation's Chief Administrative Officer to enter negotiations to purchase land on behalf of Anna Economic Development Corporation. Jessica Perkins and other City staff have been working with Funderburgh Real Estate to locate land, on behalf of the EDC, for a potential Tech Park. Staff is ready to submit an offer or a letter of intent, Lee Miller, made a motion to adopt said resolution authorizing the Chief Administrative Officer, (1) to negotiate said purchase, on behalf of EDC; (2) to offer any "Purchase Documents" necessary to set forth an arrangement between buyer and seller; and (3) to authorize execution of such "Closing Documents,"' subject to additional approvals by the EDC's Board, EDC's legal counsel, and any necessary approval by Anna City Council. Motion was seconded by Alonzo Tutson. Motion passed. 8. Con sider/Discuss/Action regarding approving a resolution authorizing the expenditure of funds for an appraisal of property for potential purchase. In order for City staff to submit a letter of intent or make an offer on any land contemplated for purchase, on behalf of EDC, an appraisal of the land needs to be done. Brent Thomas made a motion to adopt the resolution to approve the expenditure and to authorize the CAO to charge the Corporation's "Contract Services" account, in an amount not to exceed $1,000.00, without further permission from the EDC's Board of Directors. Motion was seconded by Alonzo Tutson. Motion passed. 91. Consider/Discuss/Action regarding minutes from January 7, 2016. Lee Miller made a motion to accept the as written minutes. Brent Thomas seconded the motion. Motion passed. 10. Adjourn. Brent Thomas made a motion to adjourn the meeting. Alonzo Tutson seconded the motion and the meeting adjourned at 6:12 p.m. APPROVED: ATTESTED: 1.Ahrilyn &Jfr,-6� —bonstance Ar�n-Stump, Pr*' ident Sherilyn tdZf ,�,-8ecrtar� Anna Economic Development Corporation Anna Econo ic De 0 eve opment orporation IMPOUANTLE"GAL NOTICEI: 'rhe Corporation may vote and/or act upon each ofthe ilcins listed in this agenda. The Corporation reserves the right to retire into CNCCUtiVC session concerning any of the items listed on this agenda,whenever it is considered necessary and legally justified under the Opening Meetings Act, Disable persons who want to attend this niecting and who may need assistance should contact the City Secrcwry at 972-924-3325 two working days prior to the:fileeting,so that appropriate arrangenictils can he made. 02-04-2016 Regular EDC Minutes.doc 3 ( MINUTES OF REGULAR MEETING 4F THE ANNA COMMUNITY DEVELOPMENT CORPORATION .�,�' i� �' ' Thursday, 2016 The Anna Community Development Corporation (`,CDC") of the City of Anna met at 5:00' p.m., on Thursday, February 4, 2016, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Alonzo Tutson, Vice-President, called the meeting to order at 5:26 p.m., and after roll call and the establishment of a quorum, the fallowing items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, and Lee Miller. Directors in Abstention: John Houcek, Doug Hermann, Michael Williams. A quorum was declared present and the floor was open for business. Others in attendance. Clark McCoy, legal counsel for CDC; Jessica Perkins, Chief Administrative Officer; and Sherilyn Godfrey, Secretary, 3. Invocation and Pledge. Alonzo Tutson gave the invocation and led the group in the Pledge of Allegiance.. 4. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.172). b. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of 1 ADDITIONAL NOTICE REGARDING MEETINGTIME: In the event that th......e Anna Economic Development Corporation meets at the same time and place scheduled for this meeting,then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. IME'OKIANT l,F'GAIs NOTIC E': The Corporation may vote and/or act upon each ofthe items listed in this agenda. The Corporation reserves the right to retire into executive session concerningany of the itetns listed can this agenda,whenever it si considered necessary and legally justificd under the Opening Meetings Act. Disable persons who%rant to attend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the mecYting so that appropriate arrangearaents can he made. 02-04-2016 Regular CDC Minutes.doc 1 Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1) (Tex. Gov't Code §551.087); agreement with Em- powered Training Center. Skipped. 5. Consider/Discuss/Action regarding funds granted under a line of credit agreement with Empowered Training Centre. Brent Thomas made a motion to table this item. The motion was seconded by Connie Stump. Motion passed and item was tabled. 6. Cons ider/Discuss/Action regarding minutes from January 7, 2016. Brent Thomas made a motion to accept the minutes as written. Lee Miller seconded the motion. Motion passed. 7. Adjourn. Connie Stump made a motion to adjourn the meeting. Brent Thomas seconded the motion and the meeting adjourned at 5:30 p.m. APPROVED: ATTESTED: IHoG oucek therilyn Gfflre� Pvrslident of CDC Secretary of CD -,J IMPORTANT LF"GAL NOTICE: The Corporation nlay Vote and/or act upon each ofthe items listed in this agenda. floe Corporation reserves the right tca retire into executive session concerning any of the items listed on this agenda., whenever it si COTISidered necessary and legal 1),justillied under the Opcning Meetings Act. Disable persons who want to attend this inecting and who may need assistance SlIOUld contact the City Secretary at 972-924-3325 two working days prior to the niecting so drat appropriate arrangements can be made. 02-04-2016 Regular CDC Minutes.doc 2 �r r MINUTES OF REGULAR MEETING OF THE fries j ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, March 3, 216 The Anna Economic Development Corporation (`EDC") of the City of Anna met at 5:00' p.m., on Thursday, March 3, 2016, at the Anna City Hall Administration Building, 111 Forth Powell Parkway (Hwy. 5),Anna, Texas,. 1. Gall to Girder Connie Stump, President, called the meeting to order at 6:25 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Rall Gall and, Establishment of Quorum. Directors in attendance- John Houcek, Alonzo Tutson, Brent Thomas, Connie Stump, Lee Miller, and Michael Williams. Directors in Abstention: Doug Hermann, A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel) on matters in which the duty of the attorney to the government 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). a ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anne Community Development Corporation meets at the same time and place scheduled for this meeting,then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Community Development Corporation. IMT Offl'ANT t I'G AI.NOTICE: The Corporation may vote and/or act upon each ol'the items listed in this agenda. The Corporation reserves[fie right to retire into exeeutiVe sessiirtl concerning any ol'the items listed on this agenda,wheneverit is considered necessary and legally iustifaed under the Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance should contact the City Secretary Qat 972-924-3325 two working days prior to the ruecting so that appropriate arrangements can he made. 03-03-2016 Regular EDC Mi'nutes.doc 1 C. Discuss or deliberate Economic Development Negotiations: (1)To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2)To deliberate the offer of a financial or other incentive to a business prospect de- scribed by subdivision (1) (Tex. Gov't Code §551.087); agreement with Empowered Training Centre. Skipped. 4. Consider/Discuss/Action regarding the performance agreement with Empowered Training Centre. Lee Miller made a motion to authorize the attorney to undertake all necessary legal action to pursue collection of all amounts owed to EDC by Empowered Training Center. The motion was seconded by Alonzo Tutson. Motion passed. 5. Cons ider/Discuss/Action regarding minutes from February 4, 2016. skipped. 6. Adjourn. John Houcek made a motion to adjourn the meeting. Michael Williams seconded the motion and the meeting adjourned at 6:27 p.m. APPROVED: ATTESTED: A onstance,Ann St p, Pr/esident herilyn Godfi6y, Se eta Y V U I 10 Anna Economic Development Corporation Anna Economic Dev optnt Corporation IMPORTANT LEX;AL NOTICE: The Corporation may vote and/or UCI U13011 each of the iterns listed in this agenda. 'I'lle Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda.whenever it is considered necessary,and legally justified under the Opening Meetings Act. f)iskililcl)ersoiis%vfiowant toattend this meeting acrd who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangernents can be made. 03-03-2016 Regular EDC Minutes,doc 2 MINUTES OF REGULAR MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, Mare 3, 2015 The Anna Community Development Corporation ("CDC") of the City of Anna met at 5:001 p.m., on Thursday, March 3, 2016, at the Anna City Hall Administration Building, 111 Forth Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, President, called the meeting to order at 5:07 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Rall Call and Establishment of Quorum. Directors in attendance: John Houcek, Alonzo Tutson, Brent Thomas„ Connie Stump, Lee MU iller, and Michael Williams. Directors in Abstention: Doug Hermann, A quorum was declared present and the floor was open for business. Others in attendance: Clark McCoy, legal counsel for CDC; and Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. John Houcek gave the invocation and led the group in the Pledge of Allegiance. 4. Presentation by Parks Staff on status of Park Projects. Maurice Schwanke informed the Board about upcoming plans to renovate the barn, located within Natural Springs Park, to be used as offices by City park personnel, and a ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic Development Corporation meets at the same time and place scheduled for this meeting,then this meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation,. 1MPORIANT LEGAL NCTICL The Corporation may vote and/or act upon each of the items listed in thin agenda. The Corporation reserves the right to retire into executive session concerning an),of the itc ns listed on this agenda,whenever it is considered necessary and legally justitictl under the Opening Meetings Act. Disable persons who want to at tend this meeting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arra agent c fits can lie made. 03-03-2016 Regular CDC M'inutes.doc 1 storage of equipment. Various other projects include a paved road, directly across from, Buffalo Bill, (eventually, a traffic light will be installed there) that will allow access to the park from both directions on CR 455. Additional, improvements will include paved' parking spaces, walking trails, clock(s) for fishing, and a pump station to pump water uphill from the restroom s The total cost for all the improvements is approx. $215,000.As currently represented to the Board, if there are no additional costs, the Corporation presently has the monies to fund these projects. 5. Presentation by Sara Cox regarding Chamber Events. Sara Cox, President, of the Anna Greater Chamber of Commerce, spoke to the events that are sponsored by both Corporations. Reported by event is as follows: Attendance at last year's Glow Fest was estimated to be 7,000 people, and had a total of 99 vendors present. This event continues to grow. The Christmas parade is a highly attended event. There were 45 entrants for the parade. The Banquet, held in February 2016, was attended by 256 people. The Golf Tournament will take place in April with 50 teams expected to participate. Attendance at the 4t'' July fireworks continues to grow as the fireworks have steadily improved, attracting a large number of people locally and from surrounding cities. The Chamber has initiated an Ambassador' b where long standing Chamber Members commit to a code of conduct and a mentor to other businesses in the community with the goal of increasing retention and chamber membership. 6. Closed Session. a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072). b. Consult with legal counsel on matters in which the duty of the attorney to the government 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). 1IMPORI'ANT LEGAL NOTICEI: The Corporation may vote and/or act upon each ofthe itenis listed in this agenda. The Corporation reserves the right to retire into executive session concerning any oi'the items listed oil this agcnda,whenever it is considered necessary and legally justified under the.Opening Meetings Act. Disable persons who want to attend this meeting and who may need assistance Should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can he made. 03-03-2016 Regular CDC Minutes.doc 2 C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate, the offer of a financial or other incentive to a business prospect de- scribed by subdivision (1) (Tex. Gov't Code §551.087); agreement with Empowered Training Centre. John Houcek read the foregoing into the record. Connie Stump made a motion to move to Closed Session that was seconded by Lee Miller. Motion passed and the Board entered into Closed Session at 6:01 p.m. After discussing the business at hand, Brent Thomas made a motion to adjourn Closed Session and return to Open Session. Lee Miller seconded the motion. Motion passed, and Closed Session was adjourned on at 6:22 p.m. 7. Consider/Discuss/Action regarding funds granted under a line of credit agreement with Empowered Training Centre. Michael Williams made a motion that to authorize the attorney to undertake all necessary legal action to pursue collection of all amounts owed to the CDC by Empowered Training Center. The motion was seconded by Lee Miller. Motion passed. 8. Cons ide r/DiscusslAction regarding minutes from February 4, 2016. Tabled. 9. Adjourn. Alonzo Tutson made a motion to adjourn the meeting. Brent Thomas seconded the motion and the meeting adjourned at 6:2,4 p.m. APPROVED: ATTEST he Goe Alyn gf 1/18 ' �C r gesidentn Houcelk of CDC Secretary o D J UI IMI'OlRIANT 1.,E(jAI,NO'I'ICI,,": The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation reserves the right to retire into executive session concerning any ol'the items listed on this agenda,whenever it is considered necessary and legally justified under the Opening Meetings AcL Nsable persons who want to attend this niecting and who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that can be nude. 03-03-2016 Regul,ar CDC Minutes.doc 3 Item No. 5f City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 Salt.Contact. Finance Director ................................................................................................ xtlibits- Yes AGENDA SUBJECT: Consider/Discuss/Take Action regarding a resolution authorizing a request for proposals (RFP) for audit services. SUMMARY: Section 7.18 of the City Charter states that no more than five consecutive annual audits may be completed by the same firm. The most recent audit completed by LaFollet & Abbot represents the fifth consecutive audit completed by that firm. The attached RFP will solicit competitive proposals from audit firms with experience in municipal audits. Staff anticipates making a recommendation on the proposals sometime in July in order to negotiate a contract in such time as to allow for adequate preparation for the audit by the firm and the city. STAFF RECOMMENDATION: Approve the resolution authorizing the issuance of an RFP for audit services. City Secretary-1-Audit RFP-Staff Report-5.10.16 CITY OF ANNA, TEXAS RESOLUTION NO. (2016 Audit Service RFP) A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROP ­ FOR INDEPENDENT FINANCIAL AUDIT SERVICES. WHEREAS, the City of Anna, Texas ("the City") is committed to pr les and practices of open and fair government that honor the public trust; a �11,, WHEREAS, Article 7 Section 7.18 of the City's Home-Rule ter ("t Cha requires an annual independent audit of all accounts of the R,by a ified p accountant- and, WHEREAS, Article 7 Section 7.18 of the Charter furt stat s that an five consecutive annual audits may be completed by the III e i," WHEREAS, the same audit firm has comple ve c M ;utive ts- and, WHEREAS, the City wishes to obtain co, Ut a pr I a 110''udit services-, NOW THEREFORE, BE IT RESOLVED THE C1 OUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incor i ed. The above-referenced recitals orated herein as if set forth in full for all purposes. Section 2. Inve The City Council issuance of a request for proposals for independ ii an se/ s hereto as exhibit 1. PAS D by t City uM] the City of Anna, Texas, on this the loth day of May, 2 4 011 APPROVED. ................... Smith, City Secretary Mike Crist, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. Page 1 of 1 CITY OF AN XAS ft REQUEST F " 'OSALS INDEPENDENTI %SAL AUDIT SERVICES �000rarr /////////Ol% %JE DATE: THURSDne 9, 2016, AT 2:00 PM (CST) ISSUED BY: FINANCE DEPARTMENT CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES TABLE OF CONTENTS L INTRODUCTION A. Request for Proposals (RFP)............................................................................1 B. Term of Engagement................................................................................................1 II. DESCRIPTION OF THE MUNICIPALITY A. Background Information..........................................................................................1 B. Current City Officials ..............................................................................................1 C. Fund Structure..........................................................................................................2 D. Budgetary Basis of Accounting...............................................................................2 E. Financial Information...............................................................................................3 F. Pension Plans ........................................................ ...............................................3 G. Federal and State Financial Assistance............ ...........................................3 H. Computer Systems ....................................... ...... 3 ........................................... L Internal Audit Function........................... 111.............. .4 J. Finance Department Personnel ........... ......... ............... ......................................4 III. SCOPE OF AUDIT SERVICES REQUIRE '"IIID A. Auditing Standards................ --- .....illlll 4 B. Reporting................................ -- .... .......................................................4 C. Evaluation of Internal Control st ��1 op...........................................................5 D. Provision of Adviso ance .........................................................................5 E. Special Assistanc Aw Rec ition Program ................................................5 F. Requested Clie epa 's......................................................................5 G. CAFR Preparation. Y ......................................................5 H. Working to and Access to Working Papers.......................................6 1110�w IV. CITY OF A 'S RESP SIBILITIES DURING AUDIT............................................6 V. CALENDAR OF IIE A. Selection of A it Firm ...........................................................................................6 B. Contemplated Schedule for Annual Audit...............................................................7 VI. INFORMATION REQUESTED FROM AUDIT FIRMS A. Title Page .................................................................................................................7 B. Table of Contents.....................................................................................................8 C. Letter of Transmittal ................................................................................................8 D. Profile of the Responding Firm................................................................................8 E. Summary of the Responding Firm's Qualifications ................................................9 F. Approach to the Audit..............................................................................................9 VII. SUBMISSION OF COMPETITIVE PROPOSAL A. Instructions to Prospective Firms...........................................................................10 B. Filing Requirements...............................................................................................1 l CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES VIII. EVALUATION CRITERIA..............................................................................................12 IX. RIGHTS RESERVED BY THE CITY OF ANNA...........................................................12 X. WARRANTIES .................................................................................................................13 XI. DOLLAR COST OF THE AUDIT SERVICES TO BE PROVIDED ..............................14 IIIIIII����� CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES I. INTRODUCTION A. Request for Proposals (RFP) The City of Anna, Texas (the City) is soliciting Competitive Proposal for services to audit its financial records and accounts and to prepare its comprehensive annual financial report (CAFR) based on the audit. Persons qualified to perform these services include certified public accountants who are licensed in the State of Texas and public accountants who hold permits to practice from the Texas State Board of Public Accountancy. B. Term of Audit Engagement The contract for audit services based upon Cit uracil approval of the proposal will be for the fiscal year ending September 16 through September 30, 2017. Following satisfactory delivery of the se . s spe d in this proposal and engagement letter, the City may, at its on reques extend the agreement for another two years through fiscal ye din eptemb0, 2019. II. DESCRIPTION OF THE MUNICIPALITY A. Background Information ��II�I���IIIIQII� The City of A is a olitic subdivision located just North of McKinney, Te an ���� in County. The City's corporate limits currently encomp land area of approximately 13 square miles and a plannin I ov 7 square miles when including the extraterritorial jurisd' n. The , a population of approximately 12,000. With the adopti �� f the h e rule charter- in 2005, the municipality presently operates e r t ouncil-Manager form of government. B. Current City icials • Elected Officials: Mayor................................................................Mike Crist Mayor Pro-Tem................................................Chad Barnes Deputy Mayor Pro-Tem....................................John Beazley Councilmember.................................................Justin Burr Councilmember.................................................Lauren Lovato Councilmember.................................................Nathan Bryan Councilmember.................................................Dick Dowd Page 1 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES • Executive Staff: City Manager ....................................................Philip Sanders Police Chief/Deputy City Manager...................Kenneth Jenks City Secretary......... ...........................................Carrie Smith Finance Director.................................................Clayton Fulton Fire Chief........ ..................................................Tim Gothard Planning Director................................................Maurice Schwanke Public Works Director........................................Joseph Johnson ECD/CDC Chief Admin. Officer.......................Jessica Perkins C. Fund Structure As of April 30, 2016, the City's fund structus ��oI ows: Number with Number of Legally Adopted Fund Type/Account Group ®rndividual Funds Annual Budgets General fund I, 1 1 Special revenue funds % 2 2 Debt service funds lip' 1 1 Capital projects 1 1 Enterprise funds 111", 1 1 General fixed A ac 1 0 General lon -term account group 1 0 D. Budgetar � is ccounting �Illli�° The City prep a es its operating budget on an annual basis. The budgets for all governmental funds are prepared and adopted on a basis consistent with generally accepted accounting principles. The budgets prepared and adopted for enterprise funds differ from generally accepted accounting principles primarily in that depreciation expense is not a budgeted item, while capital outlay is budgeted as an expense. Page 2 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES E. Financial Information Total annual appropriations for funds of the primary government for fiscal year 2015-16 total $16.4 million. Information that is more detailed is available about the City and its finances on the City's website at www.annatexas.gov. There you will find prior Audits and Adopted Budgets. F. Pension Plans The City's employees participate in the Texas Municipal Retirement System. The City does not currently offer any additional retirement or pension plans. G. Federal and State Financial Assistance During the fiscal year to be audited the Ci receive funding from federal and state financial assistance programs. ing udit may be required if the appropriate grant expenditure threshol are met. t year the City was not required to provide a Single Audit re H. Computer Systems VIII The City currently utilize t 11 5 1101,software package from United Systems Technology, Inc.,for f applications: ���I��IIII��IIIIQ111� • General le r • Accoun ab • P hec reco on • tility bills • collect s Municipal court currently utilizes the MCRS software package from Utility Data Systems of Texas, LLC, to input citations and traffic tickets, maintain the docket, enter judgments, and enter payments. Payment information is manually entered into ASYST as separate transactions on a monthly basis. The two software entries are then reconciled at the end of the month after all transactions have been entered. J. Internal Audit Function The City does not currently have any internal audit functions. Page 3 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES K. Finance Department Personnel The Director of Finance has a Masters of Public Administration with emphasis in local government and financial analysis. He has just under 5 years of municipal finance experience. Additionally, the City utilizes an accounting consultant from time to time to advise on accounting questions and closing entries. Other finance-related personnel hold the following positions and years of experience in municipal government: • Accountant II 9 years • Finance/Budget Analyst 11 years • Utilities Clerk(2) 0 combined years • Human Resources Administrator 10 years III. SCOPE OF AUDIT SERVICES REQUIRED A. Auditing Standards The examination of the Cityial st ents should be made in accordance with: • Auditing st ever accepted in the United States of America, • Standard plica to fin cial audits contained in Government Auditing Standar riptroller General of the United States, • Pr ' ' relevant Governmental Accounting Standards Board eme lliol • S. Office Management and Budget Circular A-133, Audits of States, I Gove ents, and Non-Profit Organizations, as applicable. B. Reporting The selected audit firm will be required to prepare the following reports: • Independent Auditor's Report, • Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards, and • All other reports required of the independent auditor examining the City's financial statements in accordance with the standards listed above. Page 4 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES C. Evaluation of Internal Control Systems The selected audit firm shall observe the adequacy of the systems of internal control. If weaknesses are noted, appropriate findings and recommendations should be reviewed with the City Manager and Director of Finance, with final inclusion in a separate letter to the City Council. D. Provision of Advisory Guidance The successful audit firm will be expected to provide advisory guidance to City staff during the course of audit work for accounting and other technical matters necessary to keep the City in compliance with any changes in governmental accounting and financial reporting standards. E. Special Assistance in Award Recognition Pro The City has never completed an a �1 CAFR � ubmit to the Government Finance Officers Ass tion the Umt' States and Canada (GFOA) for review in its Certificated A vement for Excellence in Financial Reporting Program. The City intends omplete an annual CAFR and submit to the GFOA for FY 16. T the essful audit firm will be required to provide special assistance to t re gents of this program. The City will give additional consider tion to irm at have actively participated in technically assistin om e an annual CAFR. F. Requested Clien �pa s �i�� The suc it will be expected to submit a detailed list of requested client- pared sc ule the City's Director of Finance at an agreed-upon date to fac e efficie and timely completion for the fieldwork process. The Finance rime is staffed at only a maintenance level and must carry on its normal ope during the audit. Additional staff time may be necessary to prepare schedu s for the audit and thus this time constraint should be taken into account in preparing the Competitive Proposal. G. CAFR Preparation The audit firm will prepare the draft and final versions of the CAFR as follows: • The introductory and statistical sections will be prepared by City staff with assistance from the auditor as necessary. Final review of introductory and statistical sections will be performed by the auditor. Page 5 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES • The financial section will be prepared by the auditor. The auditor will compile and prepare all financial statements and schedules. The notes to the basic financial statements will be a joint effort of the City and the auditor, and they will be prepared by the auditor. Printing and binding of twelve (12) copies of the CAFR will be the responsibility of the audit firm, with the report covers provided by the City. The audit firm will also provide the City with a print-ready version of the CAFR in Portable Document Format (PDF) to facilitate the printing of any additional copies and for posting the CAFR on the City's website. H. Working Paper Retention and Access to Working Papers All working papers and reports must be retai , at the auditor's expense, for a minimum of five (5) years, unless the firm i d in writing by the City of the need to extend the retention period. 01 At the City's request, copies of any 1 wo ng pape �1'prepared in conjunction with a respective audit engagement b ovided, on a timely basis, at no cost to the City. In addition, the audit fi � all respond to reasonable inquiries of successor auditors and allow revie orking papers relating to matters of continuing accounting signific ce. u� IV. CITY OF ANNA'S RESP ITI URING AUDIT A. The City's finan eshall close all accounts within 90 days after fiscal year e an are, at the audit firm's option, a trial balance and/or detailed e saction listing for all funds to be examined by the audit 's B. The City prow' the auditor with an on-site work area and access to a source of power, to e,photocopier, and fax machine. C. The City will make available and accessible all documents, records, and systems requested by the independent auditors to conduct their examination. D. City staff will be available to provide documents and reports for examination, reproduce documents, prepare specific schedules, etc. E. The City will allow the auditor access to staff work areas for confidential discussions to take place. V. CALENDAR OF EVENTS A. Selection of Audit Firm Page 6 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES The following is a proposed calendar of events for selection of an auditor. Dates are subject to change. KEY DATE DESCRIPTION OF EVENT Thursday, May 12, 2016 Advertise RFP in local newspaper, post RFP on City's website, and distribute RFP to prospective firms Thursday, May 19, 2016 Second advertisement of RFP in local newspaper Thursday, June 9, 2016 Receive sealedposals by 2:00 PM to City Secretary a ttyHall Tuesday, July 28, 2016 City C nc.1 sele� n of audit firm B. Contemplated Schedule for A ual Audi The desired schedule for com do in aspects of the audit for each year of the engagement is � lows. 1. The aud' ay c menc fter September 30 or at an earlier time for planning � ly agreed upon by the City. 2. et lirequested schedules to be prepared by City staff needs be provi to e City at least four (4)weeks prior to fieldwork. 3. eli rYdrafreport will be prepared by the audit firm and given to the . no later than the last business day of January. 4. The final report is to be issued by the audit firm to the City no later than the last business day of February. 5. The audit firm will be required to present the CAFR to the City Council at a meeting scheduled in March. VI. INFORMATION REQUESTED FROM AUDIT FIRMS Any firm interested in being considered for the independent financial audit services engagement is requested to submit, on the firm's letterhead, a Competitive Proposal, which provides information on the points, indicated below. Responding firms should refer to Section VII (Submission of Competitive Proposal) of this RFP for additional response guidelines. Page 7 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES To achieve a uniform review process and obtain the maximum degree of comparability, the Competitive Proposal is to be organized according to the following outline: A. Title Page Show the RFP subject, the name of the proposing firm, local address, website address, telephone number, name of contact person, and date submitted. B. Table of Contents Include a clear identification of the material by section and by page number. C. Letter of Transmittal 1. Briefly state the firm's understandin e work to be performed and provide a clear commitment that wi performed within the time periods specified in the RFP. ������IIII1I1I11�Uu�- Ilt� 2. Provide the dollar cost(maxi o exceed amount) of the services to be performed, included the cost Single Audit, if required. 3. Provide the names t onI ho will be authorized to make representations for the e ( 1es, addresses, email addresses, and telephone nu 4. State th e pe Ithe transmittal letter is authorized to bind the firm and e o a con act. 5. e firms 1 vide affirmative statements that: It is ensed to practice in the State of Texas and b. s independent of the City of Anna as defined by Government Auditing Standards issued by the Comptroller General of the United States. (Otherwise, identify and discuss any potential conflicts of interest of which the firm is aware.) D. Profile of the Responding Firm 1. State whether the firm is local,regional,national, or international. 2. State the location of the office from which work is to be performed and the number of partners, managers, supervisors, seniors, and other professional staff employed at that office. 3. Describe the local office's capacity to audit computerized systems, including the number and classifications of personnel skilled in computer sciences who will work on the audit. Page 8 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES 4. List the firm's professional affiliations and the results of the latest peer review. E. Summary of the Responding Firm's Qualifications 1. Describe the firm's most recent auditing experience similar to the type of audit being requested. Include a reference list of local government audit clients and the number of years served for each. Indicate who prepared each entity's CAFR and whether the entity has been awarded any GFOA Certificates of Achievement for Excellence in Financial Reporting. 2. Identify the partner, audit manager, and supervisors who will work on the audit. Resumes including relevant govern Antal auditing experience and continuing education for each individu ssigned to the audit should be included. (Resumes may be included pendix.) 3. Indicate the firms experience i oviding aditional services to local governments by listing the e of ,ac h enti ;` the type(s) of service performed, and the year(s) o a ent. �"I F. Approach to the Audit (��������Y 1. Submit a work plan o kh the scope of services required, including a atio the audit methodology to be followed. In developi e k pl reference should be made to sources of informs tII�I�II1�U ���N e City's budget and related materials, orgam, atio arts, manuals and programs, and financial and other t i ation systems. The planned use of any specialists ould als sp 'fieri. In addition,proposers are required to provide the owing in rmation on their audit approach: a. d segmentation of the engagement, b. Lev of staff and number of hours to be assigned to each proposed segment of the engagement, c. Sample sizes and the extent to which statistical sampling is to be used in the engagement, d. Extent of the use of EDP software in the engagement, e. Type and extent of analytical procedures to be used in the engagement, f Approach to be taken to gain and document an understanding of the City's internal control structure, g. Approach to be taken in determining laws and regulations that will be subject to audit test work, and h. Approach to be taken in drawing audit samples for purposes of tests of compliance. 2. State the purpose and degree of utilization of City of Anna personnel. Page 9 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES VII. SUBMISSION OF COMPETITIVE PROPOPOSAL A. Instructions to Prospective Firms The following instructions should be observed by firms responding to this RFP: 1. Please respond specifically to all information requested in this RFP or indicate why a particular response is not given. 2. Please limit responses to relevant material. Any additional data may be included in the Competitive Proposal at the proposer's discretion. Additional information must be submitted in the form of an appendix or boundparately. 3. Identify the RFP item being a e in the introduction to each response. 0 1111 4. Respondents or th ' repr entative11011 are prohibited from communicating with ty Anna officials (including City Council members) an loyees regarding the RFP from the time it is rele �y� til it h �� een acted upon by the City Council. Violation of th r by 'spondents or their agents will lead to disqualificati he s`pective Competitive Proposal from cons 5. I re kation questions regarding the scope of work an y other requirements of this RFP, respondents or their s ives should submit them in writing and forward them via in 10, to Clayton Fulton, Director of Finance, at cfult annatexas. ov. All responses by the City will be ed in the form of an addendum and will be posted on the s website at www.annatexas.Rov. It is the responsibility of sponding firms to ensure that the addendum has been reviewed and addressed in their Competitive Proposals. 6. The City of Anna is subject to the Texas Open Records Act. However, certain types of information may be exempt from disclosure under the Act. Firms submitting information, which they deem confidential or proprietary, must clearly mark and identify such information page by page. The City, as allowed by applicable law, will protect such information from disclosure. The final decision as to what information must be disclosed under the Open Records Act lies with the Texas Attorney General. Page 10 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES B. Filing Requirements The City of Anna requests two (2) bound copies of the Competitive Proposal, along with one (1) unbound copy suitable for reproduction. All Competitive Proposals should be sealed in an envelope and clearly marked "Competitive Proposal for Independent Financial Audit Services" on the outside of the envelope or on any carrier's envelope. Sealed Competitive Proposals are to be mailed, sent by overnight courier, or hand-delivered to the attention of: Carrie Smith City Secretary City of Anna, Texas PO Box 776, Anna, TX 75409 The City of Anna will acce sealed etitive Proposals for independent financial audit services il 2: QPM on ursday, June 9, 2016. Competitive Proposals receive r this time will not be considered. The City of Anna will not re le in the event that the U.S. Postal Service or any onimile ner �s to deliver the sealed Competitive Proposals to theAnn y the deadline specified above. Electronic transmission or the C petitive Proposal will not be acce ted. Page 11 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES VIII. EVALUATION CRITERIA City staffs recommendation to the City Council will be based on the Competitive Proposal determined to offer the best value to the City and its taxpayers. The evaluation of the Competitive Proposal will be made based on, but not limited to, the following criteria, in no particular order of priority or rating, in addition to the items listed in Section VI (Information Requested from Audit Firms) of this document. These factors will be applied to all eligible, responsive firms in comparing the Competitive Proposals received and in selecting the audit firm. The City of Anna reserves the right to require oral presentations by any or all firms. A contract award may be made without oral presentations and/or discussions with firms after RFP responses are received by the City. Therefore, RFP responses should be submitted on the most favorable terms. All costs directly or indirectly related to preparatio a once or oral presentation, if any, required to supplement and/or clarify uwitem in RFP shall be the sole responsibility of, and shall be borne by, the re ndinfirm. The City will use the following criteria in sel e proposal representing the greatest benefit to the City: �����������1 A. Knowledge of generally ac toting principles, auditing standards, financial policies, an edur licab e to governmental entities, B. Prior experienc n au n fi cial statements of similar sized or larger municipal govern C. Proposi Ir ap ch to the examination and the work plan for acco shing the pe services required in the RFP, D. Proposing 's icipated hours, time lines and sequence for audit procedures and anticipa tal billing charges to complete the engagement for September 30, 2016 and a statement of how these amounts would change for the subsequent year(s), E. Availability of trained personnel and technical resources required for conducting the audit and for providing consultation on accounting and other technical matters as needed to keep the City current on any changes in governmental accounting and financial reporting standards, and F. A demonstrated ability to provide assistance in obtaining the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. IX. RIGHTS RESERVED BY THE CITY OF ANNA The City of Anna reserves the right to: Page 12 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES A. Accept, reject, re-solicit, and/or extend the RFP by up to two (2) additional weeks from the original submission date if only one or no Competitive Proposal is received by the submission deadline, B. Hold Competitive Proposals for 90 days from the submission date without action, C. Extend the original 90 day holding period prior to the award if agreed upon in writing by both parties, D. Request additional information or to meet with representatives from responding firms to discuss items in the Competitive Proposal before and after submission, any or all of which may be used in forming a recommendation, E. Disregard and reject the entire Competitive osal for any alterations, changes, or deletions made to this RFP by tl e r, U� F. Reject any or all Competitive Pro s received to accept the Competitive Proposal the City cons' s bei in its best interest based upon the requirements and descriptions outline P, G. Retain all Competitive Prop a itt 10'and to use any ideas in a Competitive Proposal reardle e that Statement is selected, and ���1��111111�1111� H. Terminate all or part the a nished portion of the work resulting from this solicitation wi i P 'ritten notice whether due to default, delay, or non-performance firm or if it is deemed in the best interest of the City for convenie X. DOLLAR C T OF T UD� SERVICES TO BE PROVIDED IIII�I�� The City will ran v y submitted Competitive Proposals and selected a firm based upon demonstrated�c etence & qualifications and the dollar cost to provide the requested services. The proposing firm will be expected to provide the following items for consideration: A. The dollar cost is to provide the maximum not-to-exceed fee. The total hours and hourly rate required to complete the requested work by staff classification are to be stated. The resulting all-inclusive maximum not-to-exceed fee amount is to contain all direct and indirect costs, including all out-of-pocket expenses. B. The cost to perform the Single Audit(if applicable)is to be shown separately from the cost to audit the basic financial statements and required supplementary information. In addition, the expected rates for any additional services for which the City might desire to utilize the expertise of the auditor on additional projects outside the scope of this financial audit engagement are to be provided. C. The expected manner and terms of payment for the proposed engagement are to be provided. Page 13 CITY OF ANNA, TEXAS REQUEST FOR PROPOSALS INDEPENDENT FINANCIAL AUDIT SERVICES XI. WARRANTIES A. The successful firm warrants that it will not delegate or subcontract its responsibilities under the audit engagement without the express prior written consent of the City. B. The successful firm warrants that it will not replace or substitute key audit personnel without the City's knowledge and consent. C. The successful firm warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for willful or negligent acts or the omissions of any officers or employees. I D. The submission of a Competitive Proposal shall rima facie evidence that the proposing firm has full knowledge of the sco re, quantity, and quality of the work to be performed, the detailed require is o specifications, and the conditions under which the work is to b rformed. Page 14 City of Anna Request for Proposals Independent Financial Audit Services The City of Anna is soliciting Sealed Competitive Proposals from qualified certified public accountants to audit its financial statements for a period of three years with option for renewals. Interested firms may obtain specifications and inform through our website at www.annatexas.gov. Go to the Departments tab, then t ° Finance Department, then to Audit RFP. If you are unable to access our website or w like oposal sent to you, please contact Mr. Clayton Fulton, Director of Finance C, of Ann O Box 776, Anna, Texas 75409, (972) 924-3325 or cfulton@annatexas.gov Sealed Competitive Proposals must be marked "Com 1, ve Proposal for Independent Financial Audit Services". Sealed proposl / t be ered to the City Secretary, PO Box 776,Anna, Texas 78374 on or before 0 mime on Thursday, June 9, 2016. Any proposals received after this state date a4 ' "Will i e returned unopened. Proposals will be received opened, evaluated an ' � � ��d as' tlined in the contract documents. The City of Anna reserves the /Jit ' � proposals, to waive all formalities and to make the award of contrac met, e in the best interest of the City. For additional infor "in cont, laSn Fulton Director of Finance at ( ) 972 924-3325 or @ �@@/ via email at cfulton���°a ///as.go /s/ Clayton Fulton Finance Director Item No. 5e City Secretary's use only City Cowinclill Agenda Stafiiirt ...................................................................................................................................................................................................................................................................................... ................... ............ CH Y 0 AN N A,I EXAS, M.e.2.t.i..n.,q Date, �May 10, 2016 . ............................................ Staff Contact 1-`iinaince IIC)ire(.t(,.,)r ............................................................................................... Fxtlibits. Yes ......................................................... AGENDA SUBJECT: Presentation of the Quarterly Investment Report SUMMARY: In accordance with the Public Funds Investment Act, the City of Anna is required to submit a quarterly report on the investment of all Public Funds held by the City. The attached report has been developed with our investment advisors, Valley View Consulting, LLC. The report includes the following- • Review of economic conditions • Review of the City's holdings • Comparison of book vs. market value • Allocation information • Other information related to the PFIA. STAFF RECOMMENDATION: None, no action is required. 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CL CL E E o 3 2 .§ .§ cl 73 \ _j ( 73 \ _j 0 k / X § � k / X § < 0 07 / 0a 07 / / 0 I�t le co co p U M M N Q rn � U Ln coo M o L Q O O W (D ti 61, 69. rn Clco N 0 Ln Ln T- N V N O O ++ 7 N cc O Q LL Gl � ti Efl 69. Cl) (O Q) d 00 Nt N P- N N O � m i O N M N 0 Efl EA O O c3 A O O Q•� co co y m O Ln an C7Ua 61, 69. U t1 O O J O CD J d M M d N N N � LL d o Q 69. U T) .a co 00 > L t1 C O C 'L (D tD d L N (7 � G1 Efl 69. CO CO (D N 0o0O Nt M C P- O N N L4a Ln (D Nt (D d i M O N cD O N N (7 Q' — N 0 61, 69. (D M N O O O to Ln ao cD co N 00 -e 4Z N (D "t M O O N N Ln r Efl 69. N 3 O 0 c Y � m m a� 06 -0 V Y CO o U C O CL D- m LO (D (D Ln U) N 0 o O U LO coo M a L � 69. m U o 0 G1 p rn as W co co 61, 69. 'o M Ln OMO N ' 0 Ln Ln O N V M O O ++ 7 N M LL 0 � ti Efl 69. Ln w N Old- O le +' O M i N le 0 Efl 69. O O cc a Q co co y m O le C7Ua Q9- toll� U J LM M w d d d t l N � LL d o 1 69. U T) .a Cl) M > fC ' N N L t1 M M > O C •L I� ti d L N (7 � G1 Efl 69. Cl) O Ln I� O) O Ln (O C O cc O L4a I�t Ln Nt le O i i O N ti N � � (; O N N Efl 69. M O N N V M O O N o0 C) 4a O O Nt ti O LO N N O � � O r Efl 69. N 3 O 0 c Y � m m a� 06 -0 V Y CO o U C O nd m 06 a VVVV c9 �IVVVp � �IVVVV�V Ycb s,!L O 70 s 7-D s 0 0 U � J � O (D J •� cf� C) > Y! O > V � c�O N CO cn Y� co LO OM N O O O O O O O O a6e�ua�aad Item No. 5g City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, at. Il ay 110, 20116 Sfalt Contact Il aur°lce Schwanike ................................................................................................ xtlibif : Yes AGENDA SUBJECT: Approve a Resolution on a Final Plat for Anna Crossing PH 1 B. SUMMARY: The City has received a final plat of Phase 1 B of Anna Crossing and it is in compliance with the preliminary plat. This phase contains 62 lots. Engineering plans have been approved. On March 20, 2014, City entered into a Subdivision Improvement Agreement ("SIA") for the development of a 634 acre tract of land commonly referred to as Anna Town Square. Section 5(a)(4) of the Anna Town Square SIA requires owners of Anna Town Square to construct a certain water line (referred to in the SIA as the "Water Loop") when the total number of residential lots constructed within the Anna Town Square development exceeds 250. The development of Anna Crossing Phase 113 will cause the total number of residential lots within Anna Town Square to exceed 250. The attached Resolution makes a finding that construction of the of the "Water Loop" is one of the required public improvements that must be constructed concurrently with all other public improvements required in connection with the development of Anna Crossing Phase 1 B. The Planning and Zoning Commission recommended approval of the final plat at their meeting May 2, 2016 meeting. The vote was unanimous. STAFF RECOMMENDATION: Staff recommends approval of the attached of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. (Anna Crossing Ph 1B — Final Plat) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PL ANNA CROSSING PHASE 1B. WHEREAS, In order to provide for the orderly development of land withi Anna city limits and extraterritorial jurisdiction, the City Council of the City Ann , fxas (the "City Council") has adopted Part III-A of the Anna City C of Ordini ' � s � ("Subdivision Regulations"); and WHEREAS Anna CrossingPhase 1B LTD has submitted an a �a „al ppp of a final plat of the Anna Crossing Phase 1 B Addition eve ent P t"); and / 1 � l WHEREAS on March 20 2014 Cit entered in a „ '„m rovement City %i p Agreement ("SIA") for the development of a 634 acre �and c monly referred to as Anna Town Square; and ��11111111f�11////JJ�� f f WHEREAS, the Development Project is rt of the 4A Town Square development; and l 2apll` WHEREAS, the SIA binds the �� f %� nna T Square property, and each successive owner, to certaindLIU � °` la� Development of the Anna Town Square property; and WHEREAS, Section 5 ,1 4) o � d,.dna Town Square SIA requires owners of Anna Town Square to c ��� a ater line (referred to in the SIA as the "Water Loop") when the al num� � f r �' ntial lots constructed within the Anna Town Square develop ��`nt exceeds ; an WHERE A dev �l' ment of A �a Crossing Phase 1 B will cause the total number of r � reside �D wit Square to exceed 250; N THE ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O llll N � 0 AT: citals Incorporated. T recitals ove are incorporated herein as if set forth in full for all purposes. action 2. Approval of Final Plat City Council hereby approves the final plat of Anna Crossing Phase 1 B attached hereto as Exhibit 1, and here by finds and determines that construction of the of the "Water Loop" described in Section 5(a) (4) of the Anna Town Square SIA is one of the required public improvements that must be constructed concurrently with all other 2 public improvements required in connection with the development of Anna Crossing Phase 1 B. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 1 oth, day of May, 2016. /al M ATTEST- APPROVED: ..........ha" City Secretary, Carrie L. Smith Mayor, .......... 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Z. �. 94 LL£t J l M ZZ LL lOS ,-,To �- - 3AHa HORJ711H , 5 ( m I z oo NLON Qa ou RI �- -3Z 3 Zl9£lON 3�B�Z�9£.40N 0 "go _- E z �° �� � .� hz iiiiii�illlll=., ,�anooenamn n e s v �.+ 11 NI JI O] LlIz L�,, r 3AI JII NNO — - w e uF I 3 000£` 4 6S.00N oZotZsaoost nJ N�69'LSl ay UZ40B.OZ woy6uwunp on ouag rrR�2wwoy ■ ■ ■ ■ ■ ■ i �co �j m � � y ,ZA , T � N p ta�.�3 ■ W Lo, H o Ir . . . siiwn uio. ■ Item No. 5h City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Salt.Contact City Manager ....................................... xtiibif : Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2016 Rate Review Mechanism filings. SUMMARY: The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program ("GRIP"), the statutory provision that allows Atmos to bypass the City's rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $28.6 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission's exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would have received a $41 million increase, or about $11 million more than will be approved by the attached Resolution. ACSC and the Company have reached an agreement, reflected in the Resolution, to reduce the Company's request by $5.5 million, such that the Resolution approving new rates reflects an increase of $29.9 million on a system-wide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Resolution approve rates that will increase the Company's revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2016. The monthly residential customer charge will be $19.10. The consumption charge will be $0.11378 per CCF. The monthly bill impact for the typical residential customer consuming 46.8 CCF will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Attached to this Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Resolution with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. Explanation of "Be It Ordained" Sections- 1. ections:1. This section approves all findings in the Resolution. 2. This section finds the settled amount of $29.9 million to be a comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex's 2016 RRM filing, and that such settlement is in the public interest and is consistent with the City's statutory authority. 3. This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the new tariffed rates providing for additional revenues over currently-billed rates of $29.9 million and adopts the attached new rate tariffs (Attachment A). 4. This section establishes the baseline for pensions and other post- employment benefits for future rate cases (Attachment C). 5. This section requires the Company to reimburse Cities for reasonable ratemaking costs associated with reviewing and processing the RRM filing. 6. This section repeals any Ordinance or Resolution that is inconsistent with this Resolution. 7. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 8. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 9. This section provides for an effective date upon passage which, according to the Cities' Resolution that adopted the RRM process, is June 1, 2016. 10. This paragraph directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for the Steering Committee. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. RESOLUTION NO. AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE �fff1DDDDl/fff������� ("ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISIO REGARDING THE COMPANY'S 2016 RATE REVI MECHANISM FILINGS; DECLARING EXISTING RATES B ��1(liim UNREASONABLE; ADOPTING TARIFFS THAT REFLE o �'� TE ADJUSTMENTS CONSISTENT WITH THE NE IATE SETTLEMENT; FINDING THE RATES TO BE l BY SETTLEMENT TARIFFS TO BE JUST AND REASO D IN THE PUBLIC INTEREST; REQUIRING T ��� �rO TO REIMBURSE ACSC'S REASONAB TE EXPENSES; DETERMINING THAT THI SOL N PASSED IN ACCORDANCE WITH THE S F THE TEXAS OPEN MEETINGS ACT; AD A G A S INGS CLAUSE; DECLARING AN f A IVEDA AND REQUIRING DELIVERY OF IS U� O THE COMPANY AND THE ACSC'S � GAL CO '� L. WHEREAS, the City of �An ( ) is a g �tility customer of Atmos Energy� Corp., Mid-Tex Division ( At id-Te r "Company"), and a regulatory authority with an interest in the rates and char es of id-Tex; and �go1D1fff11111/lll»��� WHEREAS f e City is ,I mthe Atmos Cities Steering Committee ("ACSC"), a coalition of simila situated cities rued by Atmos Mid-Tex ("ACSC Cities") that have joined togethe 1 �� to and response to, natural gas issues affecting rates charged in th os Mirvice� �/�,�1���������� area; and REAS, ACSC and the Company worked collaboratively to develop a new Rate Re w Mec' „� sm ( RRM ) tariff that allows for an expedited rate review process by ACSC es as a substitute to the Gas Reliability Infrastructure Program ("GRIP")process instituted by r„I egislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and 1 WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 R through its Executive Committee, assisted by ACSC's attorneys and consult to resolve issues identified in the Company's RRM filing; and ACSC's/// MCI I WHEREAS, the Executive Committee, as well as I recommend that ACSC Cities approve an increase in base rates,tor A id-Tex 9.9 ........... million on a system-wide basis; and WHEREAS, the attached tariffs implementing t with the recommendation of the ACSC Executive Com at r, d tovs pany, and are just, "0111 reasonable, and in the public interest; and WHEREAS, the RRM Ta ' te es renn ement of ACSC's reasonable Is" expenses associated with RR i ation NOW THEREFORE BE M, LVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, T Section 1. the findi ig t forth in this Resolution are hereby in all things approved. 0 C1 ncil finds that the settled amount of an increase in revenues of .9 illi stem-wide basis represents a comprehensive settlement of gas utility rate ffff v A, es ing me rates, operations, and services offered by Atmos Mid-Tex within the 01 01 ipal �i rising from Atmos Mid-Tex's 2016 RRM filing is in the public interest, and is isistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are Y unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just 2 and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $29.9 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such hereby adopted. Section 4. That the ratemaking treatment for pensions and otb bst-e ment benefits in Atmos Mid-Tex's next RRM filing shall be as set forth att J01111 hereto and incorporated herein. Section 5. That Atmos Mid-Tex shall reimburse penses of the ACSC in processing the Company's 2016 RRM filing. �,r((f ff I J Section 6. That to the extent any res, ii sly adopted by the L Council is inconsistent with this Resolution, i hereby repeal" Section 7. That the meetin h eso ,was approved was in all things conducted in strict complianc the S Open eetings Act, Texas Government Code, Chapter 5 5 1. Section 8. 1 tit it any r in ections or clauses of this Resolution is adjudged to be unconstitution invalid, such" gment shall not affect, impair, or invalidate the remaining provisi 11WS remaining provisions of the Resolution shall be interpreted as e offen Ition or clause never existed. �n 9. That consistent with the City ordinance or resolution that established the pr le is Resolution shall become effective from and after its passage with rates orized by attached tariffs to be effective for bills rendered on or after June 1, 2016. .............................. -tion 10. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy 3 Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. 1, PASSED AND APPROVED this day of OF Mike Crist, Mayor ATTEST: APPROVED F ................"I'll, Carrie L. Smith, City Secretary Cl c A V ............. 2557/26/7087606 4 Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R—RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 12 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.10 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 19.12 per month Commodity Charge—All Ccf $0.11378 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 13 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $41.75 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $41.77 per month Commodity Charge—All Ccf $ 0.08494 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 14 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 15 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 16 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b)of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i)$0.10 per MMBtu, or(ii) 150%of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10%of Customer's receipt quantities for the month. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 06/01/2016 PAGE: 17 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 41 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAFi x q;j Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11/01/2016 PAGE: 42 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.09 0.1392 98.01 0.6440 Austin 11.21 0.1551 203.36 0.8564 Dallas 13.72 0.2048 189.83 0.9984 Waco 9.89 0.1411 129.75 0.6695 Wichita 11.49 0.1506 122.35 0.5967 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. 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LU LU O w F- 0 H o Q Z U Q o m o 0 Z 0 U C z O U W Z 0) o x U W d =o Of a) _ U s p O (6 Q LL p X N p LL a) C- S C H = E OX O O J V a) Q LL y N x U �U > LL m LL-Lf CO o > O J N N a) H .O C. M O U C X J m � Um N Q LLg a) � Cl) x C O O C a) w C W + `O o J LL O J O U) O w CO N } U) CO } O U U O � O C O Cb a) Q a) .U) CL a) LL O N. O N-C O N CC N O Q C Q a) LL 0- 0 C N (6CL CL CL ~ N (6 H E LL LL U) W C (6 (6 to a) — } a) o6>- a) 3 -0 O O o6 X m (6 p LL U Q LL U O LL W' L7 H H R H O W U U H C Z N co V U) CO I- 00 0) O N Ch V l!7 CO I� Cb (3) O N M V J N N N N N Item No. 6 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, , t"': May 10, 2016 Sfalt.Contact. Maurice Schwanke ................................................................................................ xtlibif : Yes AGENDA SUBJECT: Conduct a Public Hearing (1st) on the annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract 0823. SUMMARY: The City Council has instituted proceedings for the annexation of a 32.295 acre tract of land located in the Henry Smith Survey, Abstract 0823. This property is located north of Taylor Blvd and west of Ferguson Pkwy and adjacent to the City Limits. The area contains 5 parcels of property with 5 single family homes and is bounded on three sides by neighborhoods that are inside the city limits. The City's Comprehensive Plan includes a chapter on Growth Management (Chapter 4) that outlines policies and strategies for managing the growth of the City. The Comprehensive Plan suggests that the City proactively annex land within its ETJ that becomes attractive for development due to availability of municipal utilities, and other locations that are in close proximity to areas being subdivided and developed. Proper management of development in the urbanizing areas depends upon annexation and the application of zoning regulations that support the City's Future Land Use Plan. Consistent with this concept, Staff has recommended a deliberate but measured approach to the annexation of developed properties located adjacent to or within close proximity to the City limits. The City has offered a Development Agreement to all the property owners within the area proposed for annexation that would guarantee that the property would remain outside the city limits for three (3) years. At the conclusion of the three- year period, the property owner would consent to voluntary annexation in 2019. STAFF RECOMMENDATION: This is the first of 2 public hearings required when annexing land. No Council action is required at this time. L4 5 5j WHITE STREET(F.M.45 N PIN OAK TRAIL w K O Q Y J Y N Q K Fa Y BLACK OAK COURT Z PINE KNOLL WAYQ O O N F N Lu a 0 Lu Lu K K o p = Y �- WHITE OAK ROAD Q CEDAR TRAIL = O Lu Lu J J r o 0 Z O = RED OAK TRAIL 0 CYPRESS WAY p 010 Q e�' CRESTWOOD %ovv 01DRIVE SPRUCOI&ET op*VV ► WILLOW WAY HICKORY TRAIL F- w w ------ J --- --- - - - - - - - --- y ————— F- (n CHESTNUT STREET Q O N Zopw ,J J R w _ ELM STREET MANDARIN WAY p F- w o a BRIDGEPORT DR. O p � � I W J IL WHITE PINE TRAIL MULBERRY DRIVE ROC KRI DGE TR. Qg w NDLEWOOD O BIRCH WOOD ROAD DR. J E WOOD DRIVE DR. p _ J J 3 3 w 3 Lu Lu illj Lu o o O V��� ,BUD DRIVE d SABLE WOOD DRIVE p �p i o w � O p J cn QS I T E Z OP' Y � �0. m �U 1 O CEDAR WOOD TRAIL m c BEAR CREEK DR. m SWEET GUM DR. WALNUT WAY ■ TAYLORBLVD EXHIBIT B ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. Page 1 of 4 WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the Page 3 of 4 corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 4 Item No. 7 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, , t"': May 10, 2016 Sfalt.Contact. Maurice Schwanke ................................................................................................ xtlibif : Yes AGENDA SUBJECT: Consider/Discuss/Action approving an ordinance regarding the annexation of a 75.97 acre tract of land in the Joseph Slater Schluter Survey, Abstract 856 located south of FM 455 and east of Natural Springs Park. SUMMARY: In December of 2012 the City Council accepted and approved non- annexation development agreements with a term of three years with the property owners in the neighborhood commonly known as the Slayter Creek Addition which included ten properties. The non-annexation agreements expired in December of last year. Per the terms of the agreements, the respective owners are deemed to have properly filed with the City a petition consenting to voluntary annexation of the respective properties to be completed upon or after the end of the term. The City Council previously held two (2) public hearings regarding the annexation of these properties. STAFF RECOMMENDATION: Staff recommends approval of the attached Ordinance approving the annexation of the subject properties. CITY OF ANNA, TEXAS ORDINANCE NO. (Slater Creek Annexation) ORDINANCEAN ANNEXING OANNA, E TH HEREINAFTER DESCRIBED TERRITORY ADJACENT AND ADJ NG THE CITY OF ANNA, TEXAS, TO WIT: BEING A CERTAIN AREA OF LAN SI � �� TED IN THE JOSEPH SCHLUTER LAND SURVEY, ABSTRACT NUMBER �; CO OF COLLIN, STATE OF TEXAS; AMENDING THE OFFICIAL CI P; PRO '� � G � FOR A SERVICE PLAN; REQUIRING THE FILING OF THIS O AN ITH ,f COLLIN COUNTY CLERK; PROVIDING A CUMULATIVE E � CLA S ', PROVIDING FOR SEVERABILITY; PROVIDING FOR EN" MEN ND ENROLLMENT; PROVIDING FOR AN EFFECTIVE DA WHEREAS, certain property owners have deem to lj 've fi ,11 �� ion 9 voluntary annexation by a Chapter 43 and Chapter 212 ocal �`vernment Code Development Agreement with the City of An � ave their prop / ' annexed to the City of Anna; and ��� � / ///////// f WHEREAS, the City of Anna, Texas ("Cit is a home- municipality municipality located in Collin County, Texas, created in accordanc ith the pr sions of the Texas Local r Government Code and operatin ; j' an/� � the en ung legislation of the State of Texas and the City's Home-R haIh, WHEREAS, the City desires Inn to its corporate limits the hereinafter described territory adjacent to and adjoin� ff City (hereinafter, referenced as the "Territory"), to wit: being a certain fjl d s ed in the Joseph Slater Schluter Survey, Abstract Y / / particularly 856 Count of C State exp , rid more articular) described in the attached Exhibits A-1 A- a� -3 A-4 A- -6 7 A-8 A-9 and A-10 which are incorporated herein for all pur es; and WHER ���� sta�����` requirements relating to the annexation of the Territory purs U t to C ter fff exas Local Government Code have been satisfied; and WFC t f�/��earings were conducted in accordance with Section 43.052 of Te' �' �ocal Government Code to consider the annexation of the Territory; and REAS�� ld public hearings were conducted and held no more than forty (40) days ,ss than &enty (20) days prior to the institution of annexation proceedings; and HEREAS, the City Council of the City of Anna, Texas ("City Council") has determined If it would be advantageous and beneficial to the City, its citizens, and the inhabitants o�f"' e Territory, to annex the Territory to the City; and CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 OF 4 WHEREAS, the City Council has determined that the Territory is adjacent to and adjoins the City; and WHEREAS, the City Council has investigated, determined and officially finds that no part of the Territory is within the extraterritorial jurisdiction of any other incorpor or town; and WHEREAS, to the extent that this ordinance would cause an unincorpo ate a to be entirely surrounded by the City's corporate limits, the City Counc'�� s fo � and incorporates herein its finding—that surrounding the area is in the c interest, WHEREAS, a service plan providing for the extension of mu" I s s int the Territory, which was prepared prior to and made available at the a ntione 1�'blic hearings, is attached hereto as Exhibit B and incorporat n for ff' rpo sand WHEREAS, all procedures and proceedings relat to t nto the annexation of the Territory have been undertaken an po accordance with the Texas Open Meetings Act, as applicable; WHEREAS, after hearing the arguments f sand any minst the annexation of the Territory, the City Council finds that e Territory s Id be annexed; NOW THEREFORE BE IT ORD HE CI OUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation cita /� he above-stated recitals are incorporated into this ordinance as if set forth in �fUUi� , ,� for all purposes. Section 2. Territ �inllnllllfell/////// (a) The Territory, escribed in ibits A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 and A-10 attached h �' o, which a hereby made an integral part of this ordinance, lying adjacen �' ��rad) ���. the �, sent corporate boundaries of the City, is hereby added and xedto th� Q�/� nd the Territory shall hereafter be included within the cod ate bo 'ary limits of the City, and the present boundary limits of the City are alt ' an ���' �` r as to include the Territory within the corporate limits of the City. ro� after the passage of this ordinance, the Territory shall be a part of the Cit1 and, b�ect to the municipal service plan referenced in Section 4 of this o ance, the inhabitants thereof shall be entitled to all of the rights, privileges and unities as all other similarly situated citizens of the City, and shall be bound by all of 11ne ordinances and regulations enacted pursuant to and in conformity with the general of the State of Texas. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 OF 4 Section 3. Official City Map Amended. (a) The official map and boundaries of the City's corporate limits are hereby amended so as to include the Territory. (b) The City Manager is hereby directed and authorized to perform or c of to be performed all acts necessary to update the official map of the City to add f Territory hereby annexed as required by law, but any delay in or failure to update suc �f� p shall in no way impact or affect the validity of this ordinance or this annexa ,p shall Section 4. Municipal Service Plan. The municipal servicg n foTerri attached hereto as Exhibit B, was submitted in accordance Ch r 43 o the Texas Local Government Code and is hereby approved as art of t i mance Section 5. Filing of Ordinance. The City Secretary di cte �11111111,,, or cause�� to be filed a certified copy of this ordinance in the o �e of ��� ty irk of Collin County, Texas, and any other necessary agencies. � � f /1111111111111111111 //'' Section 6. Cumulative Repealer. This ,�� an ��'' s all lative of all other , ordinances and shall not repeal any of provision %�' u ordinances except for those instances where there are direct flicts with tprovisions of this ordinance. Ordinances, or parts thereof, in force at th 'me this ordi nce shall take effect and that are inconsistent with this ordin Y repel to the extent that they are inconsistent with this ordinanc ` ,,, /0//////////////////////////// ll Section 7. Severability. If 1 //j� ect , article, paragraph, sentence, clause, phrase or word in this Ordinance or, ap 11 thereof to any person or circumstance, is held invalid or unconstit �'',1 1 '' of competent jurisdiction, such holding shall not affect the validit the re i ilin „ions of the Ordinance, and the City Council hereby declares ; ould have sed s ch remaining portions of the Ordinance despite such invalidity, w ' h remaining rtions shall remain in full force and effect. Sectio � rose t F nrollment. The City Secretary of the City of Anna is he irect to en nd enroll this ordinance by copying the Caption in the mill es of Council of the City of Anna and by filing this ordinance in the 6 Jill oral 'City. e on %4age.ective Date. This ordinance shall be in full force and effect from and after to of CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 OF 4 PASSED by the City Council of the City of Anna, Texas, this 1 oth day of May, 2016, by the following vote of the members of the City Council as present- ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Mike Crist Or/ AAA/01�/ pr Ad IN M NO.I I I I I I I I.I I I I I I I I.......................I I I I I I I I.............. .......... ....................... .............................I CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 4 OF 4 133TJiS SN199Il w - w U) i v) � o w 0 133?J1S NV8?Jn?J31NI w (S H S)AVM118Vd ll3MOd (S H S)AVM1R1Vd ll3MOd v w w H w H 0 0 0 O AVM&l3ZVH O ¢ U � p N33b0 MOIIlmo V•� 3nlaa O13131S3M o 3Naa&N39 w uuuuouuuuuu uuuumx uuuii° uuuumx uuum puuuuui�uuuu a a a 1 olV33n9 H L Q. L L it Z w fL 3Alaa ITHAaa3HJ w � z U p 3NV1(IOOAA 0NVS U a U K O W AVM1IaVd NOS nOa3d � m O 3AIa0000Ma3HS O O w� EXHIBIT A-1 BEING situated in COLLIN County,Texas, in the JOSEPH SCHLUTER SURVEY, ABSTRACT NO. 856, being part of a 46.616 acre tract described in a Deed from Glenn Baldwin and wife, Mozelle Baldwin, to A. L. Geer, dated March 3, 1977, recorded in Volume 1039, Page 895, of the COLLIN County Deed Records, being described as follows: COMMENCING at a point at the Northeast corner of said called 46.616 acre tract and the Southeast corner of a 29.79 acre tract described in a Deed from Luther N. Roberts to Lotie Powell and W. B. Powell dated April 29, 1974, recorded in Volume 913, Page 166, of the COLLIN county Deed Records; THENCE South 21 degrees 7 minutes 38 seconds West 764.72 feet in the North-South Road known as Slater Creek Road, for the place of beginning; THENCE South 2 degrees 37 minutes 18 seconds West 154.0.02 feet to a point for corner. THENCE North 87 degrees 20 minutes 02 seconds West 62.5 feet to a point for corner; THENCE South 47 degrees 59 minutes 05 seconds West 1,038.99 feet to a point for a corner; THENCE North 58 degrees 57 minutes 58 seconds West 61.0 feet THENCE North 3 degrees 04 minutes 34 seconds West 136.15 feet; THENCE North 64 degrees 30 minutes 24 seconds West 115.93 feet; THENCE North 20 degrees 05 minutes 22 seconds West 107.46 feet; THENCE North 42 degrees 40 minutes 17 seconds East 58.66 feet; THENCE North 13 degrees 36 minutes 03 seconds East, 74.14 feet; THENCE North 30 degrees 23 minutes 29 seconds West 96.04 feet; THENCE North 46 degrees 18 minutes 57 seconds East 44.4 feet,- THENCE eet;THENCE North 15 degrees 31 minutes 54 seconds West 76.0 feet to a point for corner; THENCE North 77 degrees 31 minutes 12 seconds East 1,046.92 feet to the PLACE OF BEGINNING, and containing 9.26 acres of land, more or less. WEST WH I TE STREET EXHIBIT A -� "ANDREWS TRACT" 0 LEGAL DESCRIPTION w z a_ 0 m. Y W R U F- Q 0 100 200 300 " r r rf fr f N r r "`Y--- / r ' r r f r r / r f r rf r� r 0 rf � t OR r ' Le� 6256' q pp0 g2� ' y e --- 76.00' ANDREWS N 15 31 54"W 9.26 ACRES ♦` 44.40' N 46°18'57"E eG a� 58.66' N 42°40'17"E 2 Igh 61.00' N 58°5758"W Exhibit A-2 BEING situated in Collin County,Texas, in the Joseph Schluter Survey,Abstract No. 856 and being a part of the same called 19.2629 acres of land described in Trustees Deed executed by Robert H. Hynds on the 1St day of May 1990, and recorded in Volume 3269, Page 310 of the Deed Records of Collin County, Texas; and being all of Tract Two and Tract Three described in said Trustees Deed; and, being more particularly described by metes and bounds as follows: BEGINNING at a point in a public road at the Northeast corner of Tract Two as described in the hereinabove reference Trustees Deed executed by Robert H. Hynds on the 1St day of May 1990, and recorded in Volume 3269, Page 310 of the Deed Records of Collin County,Texas; THENCE South 18 degrees 46 minutes 44 seconds West 134.48 feet to a point for corner; THENCE South 18 degrees 35 minutes 44 seconds West 333.82 feet to a point for corner; THENCE South 80 degrees 47 minutes 43 seconds West a distance of 1001.52 feet to a point for corner; THENCE North 06 degrees 54 minutes 32 seconds West 19.99 feet to a point for corner; THENCE North 20 degrees 12 minutes 26 second West 121.48 feet to a point for corner; THENCE North 43 degrees 45 minutes 17 seconds East 83.97 feet to a point for corner; THENCE North 09 degrees 44 minutes 23 seconds West 95.05 feet to a point for corner; THENCE North 29 degrees 13 minutes 30 seconds East 89.21 feet to a point for corner; THENCE North 29 degrees 18 minutes 11 seconds West 59.01 feet; and THENCE North 44 degrees 15 minutes 26 seconds East 60.67 feet; and THENCE North 07 degrees 57 minutes 44 seconds West 56.05 feet; and THENCE North 39 degrees 06 minutes 58 seconds West 65.84 feet; and THENCE North 18 degrees 11 minutes 33 seconds East 63.60 feet to a point for corner; THENCE South 88 degrees 11 minutes 04 seconds East 93.23 feet to a point for corner; THENCE South 88 degrees 03 minutes 53 seconds East 140.94 feet to a point for corner; THENCE South 86 degrees 47 minutes 00 seconds East 99.10 feet to a point for corner; THENCE North 88 degrees 27 minutes 20 seconds East 258.90 feet to a point for corner; THENCESouth 87 degrees 56 minutes 00 seconds East 227.80 feet to a point for corner; South 87 degrees 16 minutes 00 seconds East 145.10 feet to a point for corner therein; and, North 88 degrees 44 minutes 00 seconds East 78.50 feet to a point for corner therein; and, THENCE South 86 degrees 24 minutes 53 seconds East 70.20 feet to the POINT OF BEGINNING, and CONTAINING 12.84 acres of land, more or less. EXHIBIT A -2 "HENRY TRACT" WEST WHITE STREET LEGAL DESCRIPTION 0 100 200 300 0 a O W E s 3 70 20' 93.23' S 86°24'53"06 E S OOd11'4"E� POB 1094' 99.70' 258.90' 7. i �� 5 �0 � 63.60' �-^�= 4d'8 � it N 18°11'33"E 65.04' N 3916'58"W 56.05' N 7°57'44"W HENRY r _ r 61 12.84 ACRES r 59 01' N 4 4°1 f N 29°18'11"W it r r 69.21' N 29°13'38"E t rh v I�r 95.05' 8 N 9°44'23"W N43°45'1r I 5'1 r _ r 7"E X00 S 80° 7 43 19.99' I N fi°54'32"W I I I I I I I I I I I J I ti 4 1 EXHIBIT A_3 BEING all that certain lot, tract or parcel of land located in the Joseph Schluter Survey, Abstract No. 856, Collin County,Texas and being a part of a 39.679 acre tract of land conveyed to A.L. Geer,Trustee, by deed recorded in Volume 891, Page 536, Deed Records, Collin County,Texas and being a part of a 46.616 acre tract of land conveyed to A.L. Geer, by deed recorded in Volume 1039, Page 895, Deed Records, Collin County,Texas and being a part of a 4.24 acre tract of land conveyed to James E. Nalls et ux,Zoe Ann Nalls by deed recorded in Volume 532, Page 1, Deed Records, Collin County,Texas and being more particularly described as follows: BEGINNING at a point in the center of a cul d' sac, said point being in the West line of a 7.5491 acre tract of land conveyed to George Abraham and wife, Ivah Abraham, by deed recorded in Volume 1142, Page 93, Deed Records, Collin County,Texas; THENCE South 87 deg 22 min 00 sec East, along an offset in said West line, a distance of 62.50 feet to a a point for corner; THENCE South 19 deg 41 min 11 sec East a distance of 902.69 feet to a point for corner; THENCE South 67 deg 46 min 33 sec West, 194.75 feet to a point for corner; THENCE North 73 deg 25 min 10 sec West, 303.20 feet to a point for corner; THENCE South 71 deg 23 min 32 sec West, 246.01 feet to a point for corner; THENCE North 21 deg 21 min 05 sec East, along the East line of said 7.7586 acre tract of land, a distance of 919.08 feet to a point for corner; THENCE North 02 deg 38 min 00 sec East, continuing along said East line, a distance of 62.50 feet to the PLACE OF BEGINNING and containing 7.52 acres of land. WEST WHITE STREET EXHIBIT A —3 WALINOWSKI TRACT' LEGAL DESCRIPTION n C O K 6 Z fY a n C O Y 0 100 zoo 300 U G g rr N rr r W E r r re rr 5 er re er rr rr r re I � + f I I POB 62.50' 7{ a 87°22'Q'E 62.50` i N 2'38'0"'E r i i j 1 'N 1 N 9 1i 'm ttr, _eNl '1 N _ MALINOWSKI j 7.52 ACRES ! 1 I � 1 ��oti' a sya:W�. fs6 Exhibit A -4 BEING a tract of land situated in COLLIN County,Texas, in the JOSEPH SCHLUTER SURVEY, ABSTRACT NO. 856, being part of a 39.579 acres of land described in a deed from J. G. Boyd and wife,JUANITA LANDRUM BOYD to A. L. Geer,Trustee, dated November 8, 1973, recorded in Volume 891, Page 536 of the COLLIN County Deed Records being described by metes and bounds as follows: BEGINNING at a point in the West line of said 39.579 acre tract, at the Southeast corner of a 29.79 acre tract described in a deed from Luther N. Roberts to Lotie Powell and W. B. Powell dated April 29, 1974, recorded in Volume 913, Page 166 of the COLLIN County Deed Records; THENCE North 2 degrees 30 minutes 00 seconds East, 78.50 feet to a point for corner; THENCE South 86 degrees 9 minutes 21 seconds East, 17.77 feet to a point for corner; THENCE South 87 degrees 32 minutes 49 seconds East, 262.44 feet to a point for corner; THENCE South 86 degrees 25 minutes 11 seconds East, 203.49 feet to a point for corner; THENCE South 88 degrees 48 minutes 29 seconds East, 192.63 feet to a point for corner; THENCE South 86 degrees 58 minutes 19 seconds East, 79.54 feet to a point for corner; THENCE South 87 degrees 25 minutes 58 seconds East,167.74 feet to a point for corner; THENCE South 88 degrees 55 minutes 14 seconds East, 725.17 feet to a point for corner; THENCE South 261.56 feet to a point for corner; THENCE South 18 degrees 31 minutes West, 166.84 feet to a point for corner; THENCE North 75 degrees 43 minutes 17 seconds West 1,046.17 feet to a point for corner; THENCE North 18 degrees 46 minutes 44 seconds East, 134.48 feet to a point for corner; THENCE South 86 degrees 21 minutes East, 25.1 feet to the PLACE OF BEGINNING and CONTAINING 7.511 acres of land, more or less. WEST WHITE STREET EXHIBITA -4 "OGLESBY TRACT" LEGAL DESCRIPTION 100 200 300 lu tY 17.77' 0 06°05'21"E Cr POD 2921- SB6-21-0--F OGLESBY 7.511 ACRES EXHIBIT A-5 Situated in Collin County,Texas, in the Joseph Schluter Survey, Abstract No. 856, being part of the 46.616 acre tract described in a deed from Glenn Baldwin and wife, Mozelle Baldwin to A.L. Geer, dated March 3, 1977, recorded in Volume 1039, Page 895, Deed Records, Collin County,Texas, being described by metes and bounds as follows: Commencing at an iron rod set beside a corner post at the Northeast corner of said 46.616 acre tract of land and the Southeast corner of a 29.79 acre tract described in a deed from Luther N. Roberts to Lotie Powell and W.B. Powell dated April 29, 1974, recorded in Volume 913, Page 166, Deed Records, Collin County,Texas; THENCE South18 degrees 03 minutes 27 seconds West 912.08 feet to the center of a Cul D'sac at the South end of a road for a PLACE OF BEGINNING; THENCE South 02 degrees 38 minutes West 62.5 feet to a point for corner; THENCE South 21 degrees 21 minutes 05 seconds West a distance of 919.08 feet to a point corner; South 71 degrees 23 minutes 38 seconds West 292.15 feet; North 15 degrees 22 minutes 39 seconds 232.03 feet; North 58 degrees 57 minutes West 184.97 feet to a point for corner; THENCE North 47 degrees 59 minutes 05 seconds East continuing 1,038.99 feet to a point for corner; THENCE South 87 degrees 20 minutes 2 seconds East 62.5 feet to the PLACE OF BEGINNING and containing 7.76 acres. WEST WHITE STREET EXHIBIT A -5 "PETTINGILL TRACT" LEGAL DESCRIPTION a a z a n O o' Y ff 0 100 200 300 w 3 1 1 I I N / 1 1 I W E / � 1 / 1 I /I f I I II I I I I I I f I I 62.50' 6 87'20'2" 15 1 ' `t�2.60' S 2°30'0"W I I 400, 4.. I9y ply' /q eN N PETTINGILL 7.76 ACRES {� N- U� W, -x'2155 EXHIBIT A -6 Being all that certain lot, tract or parcel of land located in the Joseph Schluter Survey,Abstract No. 856, Collin County,Texas and being a part of a 39.579 acre tract of land conveyed to A. L. Greer,Trustee, by deed recorded in Volume 891, Page 536, Deed Records, Collin County,Texas and being a part of a 46.616 acre tract of land conveyed to A. L. Greer by Deed recorded in Volume 1039, Page 895, Deed Records, Collin County,Texas and being more particularly described as follows: Beginning at a corner in a North-South gravel road (Slater Creek) at the Southwest or West corner of a 7.511 acre tract of land conveyed to Terry L. Orosco and wife, Kimberly Jan Davis, by deed recorded in County Clerk's File No. 950001167, Deed Records, Collin County,Texas. Said point called by deed of property described herein, recorded in County Clerk's File No. 93-0110851 to be South 28 degrees 18 minutes 22 seconds West, 143.09 feet from the Northeast corner of said 46.616 acre tract of land, Thence South 75 degrees 43 minutes 17 seconds East a distance of 1,046.17 feet to a point for corner; Thence South 18 degrees 31 minutes 00 seconds West, 106.39 feet to a point for corner; THENCE South 21 degrees 02 minutes 42 seconds West, 71.47 feet to a point for corner; THENCE South 82 degrees 37 minutes 23 seconds West, 97.39 feet to a point for corner; South 21 degrees 54 minutes 54 seconds West, 182.54 feet to a point for corner; Thence North 68 degrees 59 minutes 56 seconds West, continuing a total distance of 943.00 feet to a point for corner in said North-South Road; Thence North 18 degrees 35 minutes 44 seconds East a distance of 284.35 feet to the Place of Beginning, and containing 7.82 acres of land, more or less. WEST WHITE STREET EXHIBIT A-6 "POOLE TRACT" LEGAL DESCRIPTION n a 0 ff Q n 0 100 200 300 a 0 Y U ff a �I 1 1 1 1 POE 1 1 N 1 '► r 11;11 POOLE 7.82 ACRES af, r 'V f � I � J 1, r ti � 1 e EXHIBIT A -7 SITUATED in the Joseph Schluter Survey,Abstract No. 856, in Collin County,Texas, and being the called 7.5338 acre tract of land that was conveyed to V.I. Martin Jr. and wife Shirley C. Martin in Deed recorded in Volume 3003, page 764 of the Land Records of Collin County,Texas, being more particularly described by metes and bounds to-wit: BEGINNING at a point for corner in the centerline of Slater Creek Road: THENCE North 2 degrees 37 minutes 18 seconds East, 135.30 feet to a point for corner; THENCE North 35 degrees 00 minutes 01 seconds East 165.82 feet to a point for corner; THENCE North 18 degrees 35 minutes 44 seconds East, 49.47 feet to a point for corner; THENCE South 68 degrees 59 minutes 56 seconds East a distance of 943.00 feet to a point for corner; THENCE South 54 degrees 33 minutes 25 seconds West 93.4 feet; THENCE South 75 degrees 41 minutes 39 seconds West, 136.97 feet; THENCE South 2 degrees 54 minutes 23 seconds East, 161.31 feet; THENCE South 45 degrees 18 minutes 33 seconds West, 60.91 feet; THENCE South 17 degrees 19 minutes West 70.1 feet to a point for corner; THENCE North 62 deg. 39 min. 02 sec. West a distance of 824.88 feet to the PLACE OF BEGINNING and Containing 7.53 acres, more or less. Ea- Hil-E�rvzE_ E HIBIT A -7 "POPE TRACT" LEGAL DESCRIPTION 0 100 200 300 ................... � E •..... S Vj POPE �, rl 7.53 ACRES � f a in �,Pfl f r1 Exhibit A -8 SITUATED in Collin County,Texas, in the Joseph Schluter Survey,Abst. No. 856, being a part of a 39.579 acres of land described in a deed from J. G. Boyd and wife,Juanita Landrum Boyd to A. L. Geer,Trustee dated November 8, 1973 recorded in Volume 891, page 536 and a part of the 46.616 acre tract described in a deed from Glenn Baldwin and wife, Mozelle Baldwin to A. L. Geer, dated March 3, 1977 recorded in Volume 1039, page 895 and a part of the 4.24 acre Third Tract described in a deed from S. L. Baldwin and wife,Willie Baldwin to James E. Nalls et ux, Zoe Ann Nalls dated August 15, 1957 recorded in Volume 532, page 1 of the Collin County Deed Records, being described by metes and bounds as follows: COMMENCING at a point in the west line of said 39.579 acre tract, and at the northeast corner of said 46.616 acre tract, at the southeast corner of a 29.79 acre tract described in a deed from Luther N. Roberts to Lotie Powell and W. B. Powell dated April 29, 1974 recorded in Volume 913, page 166 of the Collin County Deed Records;Thence South 21 deg 07 min 38 sec West 764.72 feet to a point in a north- south road for a place of beginning; THENCE SOUTH 62 degrees 39 min 02 sec East 824.84 feet to a point for corner; THENCE South 17 degrees 18 min 14 sec West 272.08 feet to a point for corner; THENCE South 38 degrees 27 min 24 sec West 469.88 feet to a point for a corner; THENCE NORTH 19 degrees 41 min 11 sec West 902.69 feet to a point for corner; THENCE NORTH 87 degrees 22 min West 62.5 feet to a point for corner; THENCE NORTH 2 degrees 37 min 18 sec East 154.02 feet TO THE PLACE OF BEGINNING, and CONTAINING 7.55 acres of land more or less. EXHIBITA -8 "RICHTER TRACT" LEGAL DESCRIPTION C} 1 qID 200, 1300 / a � r i WE r m. f r i i i 1 r\ a [ RICHTER 7.55 ACRES � 1 1 w,, � a EXHIBIT A -9 SITUATED in Collin County,Texas, in the Joseph Schluter Survey,Abst. No. 856, being part of the 29.790 acre tract described in a deed from Luther N. Roberts to Lotie Powell and W. B. Powell dated April 29, 1974 and recorded in Volume 913, page 166 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at the southeast corner of a 799 square feet tract of land obtained by TXDOT from the Slater Creek Homeowners association recorded in the Collin County Clerk's Office in Document Number 20110720000753380, same also being in the South right of way line of West White Street; THENCE South 2 degrees 04 minutes West, 1453.1 feet to a point for corner; THENCE South 2 degrees 14 minutes West, 64.1 feet; THENCE South 2 degrees 30 minutes West, 78.5 feet to a point for a corner; THENCE NORTH 86 degrees 22 minutes 25 seconds West,40.0 feet to a point for a corner; THENCE NORTH 2 degrees 05 minutes 38 seconds East, 1,594.33 feet to a point for corner in the southwest corner of said 799 square feet tract; THENCE SOUTH 88 degrees 20 minutes 23 seconds East,40.01 feet to the PLACE OF BEGINNING and Containing 1.48 acres of land more or less. WEST WHITE STREET{F M_455) 40 01' S 80°20'23"E j EXHIBIT A -9 "SLATER CREEK ASSOCIATION" r LEGAL DESCRIPTION rr r rr - 0 100 200 300 rr LU z � r �" - rr r ! 1 o r 1 � u r � r a z uz - a m o r r � LU LU _ v r � - 3 r rr r ! r r� r rr l / - 6410' S 2"14'0"4V 1 S 2°30'0"W 40.00' N 06°22'26"W Exhibit "A" -10 Being all that certain lot, tract, or parcel of land located in the Joseph Schluter Survey, Abstract No. 856, Collin County,Texas and being a part of a 46.616 acre tract of land conveyed to A. L. Geer, by deed recorded in Volume 1039, Page 895, Deed Records, Collin County,Texas and being the first tract of land described by Trustees Deed, recorded in Volume 3269, Page 310, Deed Records, Collin County,Texas and being more particularly described as follows: Beginning at a point for corner at or near the center of a north/south gravel road (Slater Creek Road), said point called by deed recorded in Volume 3269, Page 310 to be South 21 degrees 30 minutes 01 seconds West, 475.30 feet from the northeast corner of said 46.616 acre tract; THENCE South 35 degrees 00 minutes 01 seconds West, at or near the center of said road, a distance of 165.82 feet to a point for corner; THENCE South 02 degrees 37 minutes 18 seconds West, a distance of 135.30 feet to a point for corner; THENCE South 77 degrees 31 minutes 12 seconds west a distance of 1,046.92 feet to a point for corner; THENCE North 15 degrees 26 minutes 01 seconds West, 70.86 feet to a point for corner; THENCE North 46 degrees 38 minutes 59 seconds East, 254.40 feet to a point for corner; THENCE North 26 degrees 40 minutes 23 seconds West, 41.75 feet to a point for corner; THENCE North 12 degrees 11 minutes 34 seconds West, 58.13 feet to a point for corner; THENCE North 80 degrees 47 minutes 43 seconds East, a distance of 1,001.26 feet to the PLACE OF BEGINNING, and containing 6.27 acres of land, more or less. V,ESI Wu4iI'f 4:.SMS EXHIB'ITA -10 "WALKER TRACT" LEGAL DESCRIPTION 4 b 0 100 200 300 G 13 Y N G' - E S It w,2'1134'V, WALKER 6.27 ACRES N 113'4U 23'VY �� J I EXHIBIT B ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste Page 1 of 4 collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the water distribution and wastewater collection main lines. All water and wastewater service lines, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. The City may decline to provide water or wastewater service in areas already receiving such services from another duly certificated services provider. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street including Slater Creek Road. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas, upon acquisition of such facilities at no cost to the City of Anna, Texas, will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from Page 3 of 4 services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this service plan so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 4 of 4 Item No. 8 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Salt.Contact City Manager ....................................... xtiibif : Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving the Fifth Agreement Amending the Subdivision Improvement Agreement for Anna Town Square. SUMMARY: In 2005, the City entered into an agreement with the cities of McKinney and Melissa, and the North Collin Water Supply Corporation (WSC) to settle a legal dispute regarding the CCN boundaries that define the locations where each entity had the right to provide retail water service to new customers. CCN stands for Certificate of Convenience and Necessity and is the legal authorization from the State of Texas to provide retail water service. North Collin WSC is now the North Collin Special Utility District (SUD). The Settlement Agreement; defines the locations where each entity may provide water service; describes the types of customers each entity may serve where the CCN boundaries overlap; and includes a buyout clause that requires the various cities to pay North Collin SUD a per acre fee for the right to serve new customers in certain areas where the CCN boundaries overlap. The City of Anna CCN overlaps the North Collin CCN in a defined area located primarily east of Powell Parkway (SH 5). Per the terms of the Settlement Agreement the City owes North Collin SUD $200 per acre when property in the overlapping CCN area is developed and included in a final plat. A portion of the Anna Town Square development is located with an area where the City of Anna CCN overlaps the North Collin CCN. As part of the consideration for Skorburg Company's request for early release of building permits in Anna Crossing, Phase 3A, the City is requesting that Skorburg Company (represented as Anna Crossing AMC, Ltd.) agree to pay the "buyout" fees owed to North Collin SUD under the CCN Settlement Agreement. The fees owed to North Collin SUD to date for the portions of Anna Crossing Phases 1A and 3A located in the overlapping CCN area are approximately $5,430. STAFF RECOMMENDATION: Staff recommends approval of this this Amended Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. (Anna Town Square SIA 5t"Amendment) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIFTH AGREEMENT AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR AN SQUARE WHEREAS, the City of Anna, Texas (the City ) and Anna Crossin� Ph�' IIA, Ltd., ("Owner"), desire to enter into a Fifth Agreement Amending the Sub ,"ion � ! vemen Agreement for a 634 acre tract of land commonly referred to as Anna n Square; � � i��a„ WHEREAS, the City Council of the City of Anna, Texas ("City Cod'( i fin !hat app )v° I of this Agreement will benefit the City and is in the best interests of the c' of Ann NOW THEREFORE, BE IT RESOLVED BY THE Cl OUIL O OF�I � ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. ���111111111f�1/llll����/�� The recitals above are incorporated herein a � t forth v II rposes. Section 2. Approval of Amendment. The City Council of the City of Anna h appro the Fifth Agreement Amending Subdivision Improvement Agree �L atta d 10" ' �` xhibit 1, and authorizes, ratifies and approves the City Man 'r's exe on of same. The City Manager is hereby authorized to execute all docurr� a ,o take all other actions necessary to finalize, act under, and enforce this A en PASSED AND APP ED by it ,,..,,,�, ncil of the City of Anna, Texas, on this the 10th day of May, 2016. ATTEST: APPROVED- City PPROVED:Cit S i ith Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Fifth Agreement Amending Subdivision Improvement Agreement (this "Fifth Amendment") is entered into between and among the City of Anna, Texas (the "City") and Anna Crossin 11d ("Payee") as follows: �� WHEREAS, Owner and Payee are sometimes collectively referenced in this Fifth A �� ment as the",� "Parties"; and rr� / WHEREAS, on March 20, 2014, Parties previously entered into a Subdivis rove nt p Y p ("SIA") related to the Development of the Property; and WHEREAS, on September 11, 2014, the Parties entered into a Fi �' �em ' bdivision Improvement Agreement; and, WHEREAS, on November 13, 2014, the Parties entered into a ern mending Subdivision Improvement Agreement; and, 1111111 � 0 ��� � 111111111111�1111111/�l���J/ //�////����i WHEREAS, on April 22, 2015, the Parties ente into a �J A �� nt Amending Subdivision Improvement Agreement; and, WHEREAS, on September 14, 2015, the P en d into a Fo Agreement Amending Subdivision Improvement Agreement; and, / I WHEREAS, the City and Payee desire r,amend the SIA to address responsibility for certain pa S 11 District; and WHEREAS, the capitali payments due to the North Collin p 1, Y J�1f '1�Jf d J s Fifth Amendment are as defined in the SIA unless erm expressly set forth to t contrary he anlllc„ l i WHEREAS, it is the P s' mutual i 'nt that this Fifth Amendment shall govern only the subject matter spec 1)' t herein shall supersede any previous agreement between the Parties /� and City latio onmy f nt that any such agreements or City Regulations directly conflict with t firms of Fifth Amendment; and N� ,�T E, in consideration of the mutual covenants contained herein, the Parties agree as -i ��/// SECT 1 3/�// AILS INCORPORATED "recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' in / u,;;ander this Fifth Amendment and said recitals constitute representations by Payee and the City. FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page I 1 SECTION 2 RESPONSIBILITY FOR CCN PAYMENTS Payee agrees to make payments to the City equal to $200 per acre for each acre that is: 1. Contained within each final plat located within the Property, and 2. Located within the North Collin Special Utility District CCN 11035 shown on E I 1 attach J�JJI to this Fifth Amendment. i Said payments to City shall be made within sixty (60) days of City approv� ��a final pla �A��is Parties intent that the payments by Payee to the City described in this Fif, mend twill al to the payments required by the City under Section 2.09 of the Settlemer �, e 'attached hereto as Exhibit 2. SECTION 3 CONFLICTS AND EFFECTIVE DATE , To the extent of any conflict between this Fifth Amendment an this Fi Amendment shall govern. The Effective Date of this Fifth Amendment i J� � %Fllwit that the last �e Parties' signatures e� to this Fifth Amendment is fully and properly affix this i �m JJ� nd acknowledged by a public notary. The City's duties and obligations h under shall In rise unless and until the City Council has duly adopted this Fifth Amendment nll Payee has du ( xecuted same. r• [SIGNATURES PAGES FOLLOW, RE � �� F T �/� G NTIONALLY LEFT BLANK] 7r/ /���� 11f f f1 f f 1 1 � l r 1 �a �1 r� r � / r t FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 2 PAYEE ANNA CROSSING AMC, LTD. By: ANNA CROSSING AMC GP CORPORATION By: Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § § "a Al COUNTY OF Before me, the undersigned notary public, on the day o0, 2016, personally appeared Richard M. Skorburg, known to me (or prov ij 111111 to be the per hose name is subscribed to the foregoing instrument, and ackno ed thail ted the same in his capacity as President of Anna Crossing AMC GP C oration, in i pacity as genera I partner for Anna Crossing AMC, Ltd. fy Pu��e of Texas .......... III .................. ............. .........................I FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 3 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF: ............. .............. STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of nally appeared Philip Sanders, known to me (or proved to me) to be tL tit N6,i whosd, e bscribed to the foregoing instrument, and acknowledged to me that he ex t-d th mR h i city as City Manager of the City of Anna,Texas. Nota ublic, Sta Te� r q 01, 10f i %Noe FIFTH AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 4 04 ,-00, w 3 }ai ai D ai m ' o z33� 93 NfnT o ',U %wZmUa�iw �� �,}tj W2 NNW o �c �V cQ qua o �zQ"m73LL LL ai O U w Z U Z °°Uw o r o = _ U �Z o >U3z�3�3 UrnNmu�i �ioovM°o 0 y %% U N U) %y; LL a W ' '' ///////////✓/�///%//y/ N/////////////// i ' ", yyy y yyyyyy C', i 17 /yPo yy�✓y,lyyy/ 7 y / yyyyyy Y. Wyyyyy , / X/y/ y�. /%y / . c c yyyy yy�/� �/y y/fy/yy v✓+" ✓,✓� /iy yyy i /i//jy/i,v"f m rn W ! �" I/✓" ° �;� � �''�"/°� /syr° ,fid° /J j'� +'" ° �'d, ✓^�y� � � w= � lye l�l,+' �l! l �'+', � /� y� �NRG°' moi► /,Yy� / J/, /JJJJJjJJf/y+ /,✓y'� / // Jl ,liettletnent wjgx2etpent l.lie parties ("Mulies-) to this SuNernow Agwernem are the Citi S OF MKitine% ('"McKitincy"). Mefissa (*,.%Mclissa-). anxi Mitia (-AUM") (LOHCCdVQ -CII&S-L and North Collin %�ater. SUI)ply ('01-I)OI-Lition ("North Recital's 1.01. The Parties are involved in the RAloxving proceedings now pending hcfo)o-c the State Of'fice of' "administrative I Wings (-SOAFF): SOA1 I Docket Nos. 58.2-02-1652. 58203- 1820, 582-03-1821, and 582-03-1824; TVEO Docket Nos. 2001-1300-UCR- 2001-0813-I 2O0"? 127MAK and 2M)TI281-UC!R; styled Applications q/ the (.7ties ol'McKinnel" 'VeliSSU, am/Anna andAhilh (AIR Ulm Siqjq4v Corporation to .-Intend Ma er CIONK 10194, 11482, 12976, 11035 an' Sewei- CC,V Xo, 20898 anat (rOhe City o/,Velissa to Obt(.1ij? CCA" in Collin Cocom y (-S(1A14 Proceeding-). I M2. In addition. Melissa. McKinney. and North Collin are partics to Civil ,-\ction No. 4:02-CV-3451 stylead (,V , ql .,Uelissa, Wax and C 7, rdIkKbuyv, Texas v. North Collin [Vwct Sllppy Corporation rano] Unitet,( Slatcs Department t# .Q&Qtwe, now pending in the United States District (,'ourt torr the Eastern E)isixio orTexas (Wedeml CWI MOW), 1.03. 'Flie PartIs acknondedge tat the SOAH Il acceding and Federal Civil Action listed ahove (CO11CLOWY—Litigatbri") reDect hona tide olid utes and controversies hetween the Parties. 'Flie SOAFI f0occeding regards the povision ol',Aater and sewer service for customers ill certain areas of' CoUb County. Was, and involves the aUth(Wit� to provide that service Under each Pari's COMM of Convenience and Necessity ("CCN-), issued I)y tile Texas (.'orrlmission oil L,nvirontnental (,)uaHq rIVE(Y') or jwdecessor agency, Fhe Fedenal civil Action repurds whether Narab GAS is eliglle U) obudli a ban anti grant rMarf) t(Aaling $12010M) fi-orn the United Raw Deparanent of:QdWime (101),\-) to I'Lind irnpro\enlems tai Nonh BMWs synern. I AV The PUMOS LICS& W MUNI tfiC tLlf-tiler cost, delay. and unc�2.rtaiwy aISSOCiLlte,d a\ith the L,Jri,_4ation md hux c according1l MUM iWO d Po2ttef- 1111CLI 000her, 26, 2004 to tLdly settle the Litzigathm, The Punks no" desire to Wifier ex idenco: that sculernent hi excalng this SettlLmo,,,nt qrcancrtt. Merc&rc. in Moor a) Polk And JM H) campnnnku ami .ige t of settle LIII Claims that lia%e bCMI 01- COUld lhl�e hCell alSsem.,d. and Lill rcg.irding and scN%er ser%ice that have heell Subillilled. ill the Litil'-'ation - as Nvell as all other 111"Itlers 111 CQqltr(r�CrSN bet\,%een thern - the Parties her-ehcf-iter into this Settlenicilt Terms of It, fi'll consideration ()I'the niulual pronlises and wreemerils ("'oril"lilled ill this Setflevilent C, \orcerrient. InclUding the Recitals set f'Orth ibove, the Parties agre a s 'o o t, e f I I vsv 101 , (,,.pon approval of this Settlerrient A(rreenient by all Parties, North Collin will transf'er to the ("ities. for single certification in the Cities' CC'Ns, certain territory %kithin North Colliri*s current N area that is inside Ole city hi-nits or ELT of. [lie (-.'itics and that the Citics desire to suart ser�ing immediately or are already servinl,; ("Initial Territory'). The Initial Territory consists of 1,933 acres to be transt'erred to Melissa and 265 acres to be transferred to McKinney, which is identified on the three reaps attached to this Settlement Agreement as Area A. 11'any portion of the Initial, FeiTitory, includes eXiStillg CUStorners or facilities of'North Collin that North Collin and the applicable City agree ShOUld lie, served or purchased by the City, the City will pay North ('collin f'or those custorners or fiacilities in an amount to be nititually agreed on, subJect to USDA approval. 2.02. All rernainnior water CCN tcrritory of North Collin that is located vvithin the city Ilinits or L"TJ of.`the. Cities and is not part of the Inifia], Territory, as well as all territory ad* JAcent to the city limits or EITJ of one of the Cities (collectivel N,, -Reinaining Territory—), will lie geographically certificated to North Collin and the applicable (,'ity for single certificaticin by customer class., as fiollow-s: (a) North Collin's (,'(-'N will be amended to reflect that it will have the right and duty to serve. pursuant to its tariff., to the eXCILISion ofthe (­'ities, all ric�;o, customers ill the Reniaining Fen-itory except those "ho: 0 l are locited within tile, cits` limits (q'one ()f the (..'Itics as iio\v or hereafter existing, (6) request sanitan se� ver ser�ice ,in(] are located ill a subdivision colitainin", lot's of less titan one acrc: or (iii) request sullital-N, sc��er ser%ice and are non-rc.sidential tracts: and (J e, (b) c,,,wh Cio, 's wkater CCN \kill he arneraclecl to Ni1CCt that it the riudit .m,] dutr to ,erve. purstldllt to its 0o'dinances. to the exclusion of North ("ollim call m , customers in respective portions of the Remaining L2mtory N%ho, (i) are 1c)Calcd \Nithin tile city limits ot, the applicable City as now or hereafter existing: (ii) reCIUCSt sanitary sewer service and are located ill as Subcfivision containing, lots oil* less thall one acre: or (iii) request sanitary swver sence and are non-residential tracts. (c) North Coffin -,,will remain sinolv certificated Nvithin the corporate limits of. the, '5ry mn of Newk, f fope and that part ot'North Collin's CCN that lies vkithin the corporate limits and E of' tile City of %Veston as reflected on the malas attached hereto as the -New Hope,"Xeston Areas." In the ew,ent that either �'eston or New Hope should disannex any territory that is Mthin North Collin's singly certificated area or- disincorporare, theca SUCh territory will become as part of the Remaining TelTitory. Rie Remainino Territory is identified oil the three niaps attached to this Settlement, Agreement as Area B. 2.0-1. Territon, that iS CLUTC11dy not certificated to arry Party but t6r. \khicli certificatiOrl li,as been requested by both North (7olfin and one of the C'ities in the SOAH Proceeding ("Requested 'Ferritory") will he certificated oil the same basis as the Rernaining Territory and is identified oil the maps attached to this Settlement Agreement as Area (.i:'. 104. Neither North Collin nor the Cities be permitted to take over water service to am customers, either existing at the time the Settlerrient Agreement is approved or aqUired as prcr,ided herein, or to take over any facilities of the other provider ill tile Jnitiaal Territory, Remaining Territory, or the ReqLICS'ted Territory without the written aagrcetnent oil'hoth prwiders. Any transfer of North Collin custorners or facilities must comply wvith applicable regulations of the USDA, ifany. fl e i`11,-i t�i� kg(?ement I 0., lmmedi,',Ilefy UPOII of this Settlement -,\Ignccnicnt hall flarlies. O-w Parties mill a6thdravv opposition to each Pan% 's (_'(-'N" C'onsiz2rit vvith thk settlement Agreement, vwhdn.na opposition to Alma's and N,Iclissa's scN�er C'(..'N applications. a111(f joittl the a i-notion to rcClLleS( that the, AdlniniStj-atl�C L-M JULLIC' Issate a Propos,,.il I'Or Decision recommending Commission approval of this ,`ogreement pursuant to Sections 13,2148 and 13,255 Of the Fexas Water Code and the issuance of aincrided CC.'N's consistent hcrev�itli or, in the alternati\,c, requesting that the Administrative La�,v Judge rt.miand the CC,N Applications in the S(-.)AIJ Proceeding to the TC E( 'S EXCCUtiVC Dir-ector. The Parties auree to I-CClUeSt that this Settlement Agreernent be incoij)m-ated inter the Parties' %vater CC'Ns and issue ainendcd CCNs to reflect the certificated areas and the CUStOnler CllSSeS that (lie Parties are entitled to serve, The Cities and North Collin will take all acts necessary to expedite the TCEQ's approval of the CC I N s contemplated in this Settlement Agreement. including, btit riot firnited to, preparation of a proposed agreed final order for subtriission to the Commissioners for- approval Under Water Code §§ 13.248 and I3.255, and preparation of' maps. florins, or other necessary documents. All Parties hereto waive their rights to file as Motion for Reconsideration or a Motion Cor Rehearing trom any order entered by the TCl.`Q consistent %,vith this Settlement Agreement. 106. Within ten (to) business days of issuance of as final order by the 'IC I E transt'erring the Initial Territory to the appropriate Cities and approving the Settlement Agreement, the C'.ities will withdraw their opposition to North Collin obtaining the lo,,an and grant Erom the LI`SDA and all Parties to this Settlement Agreement Neill Jointly move to dismiss the Federal Civil Y\ctionand to release to McKinney and Nfelissa the $10.000 cash I.-mid deposited by "N(IcKinney and Melissa with the I.JnitCd States District CoUrt in connection witil the temporary restrainini_4 order and leMporary Injunction ISSLied by the 1-nited States District CoUrt, 2,0 7. The Cifies Nvill place into escrow Lit as bank InUtualIN agrecable to the Parties, \Aithin 10 days alter approval of this Settlement Agreernent by all Parties, the SUITIS to be f),nd by each City t"Or sculernent and acquisition of Initial Territory as set torch in parmzraph, --'.08 belcm, The escrov%cd funds shall be released from escro%\ and lir OLI W ` ,Orth Colhil Upo)JI 1'(.J"' 'S r,S,',Uance of the aniended C( Ns and at final order transferring, the Initial F�2rrnory to the tIpproprlatc, CiIN Hie uliounl to Inc placed it, c.`cr(m h% e,Icli akmig «with the pricc I'Or fulure cif' arra Rcmlul 11 ing Ferntoris as f'kdkm,s, Pe , er t p-Pement P'i g e 4 f Melissa - S196650with a price (it' S-200 per acre l'or fiAure purchase of any Rem.,.mlinu Ferritor" , McKinney Sl 13_250. \Nith a price of S1 25 per acre fOr kitUrc purchase (:)I' ,mv Remaining Tcrrlt()r:v.- and Aullcl - SIOU00, with a price of' S2200 per acre I'Or fUtUrC Purchase of anN Terri"torv, 109, F"ach City, will pay TNorth Collin the arnOUrn specified in Section 2.08 for each acre and partial acre contained NNithin each plat or tract within 60 days of appro,,ing a final pLit within the Remaining TerritorY crr providing ser-vice for non-resicfential tracts that do not require plat approval within the Remaining Territory. No payment will be made to North Collin for service by the Cities to areas located ,vithin the Requcsted TCTTitol�,, 110, This agreement is solely the bene fit of' the parties hereto, There are no third party beneficiaries of`this agreement, 11. The flat-ties hereby fore'ver release, acquit, and discharge each other and their respective officers. agents, attorneys, employees, successorsassigns, and representatives from ,any and all clairris, demands. chargcs, Costs OCCOUrt, attorney's fees, causes ofaction, liat)ility, or dainaues Of' vVhatreVcr nature, on any legal theory. known Or Unknown, past, present, or tljuire, that have been or COUld have been asserted in the Litigation, c)ther than churns 6or breach of the provisions ot'this Sefflenient Agreement. -ties a&no\kIcdge that they are not 112 In executing this Settlement Agreement, the relying, on any, staterrieril or representation cat` any other Party regarding the matters in dispute, The Parties are relying on their mmi Judgment and are represented by attorneys in dais triatter. I 11 This Setti,cment Agreement is as compromise of doubtfAil L111d diSpUtCd Clailm. Nothing in this Settlerrient .,\grcement is an admission of' liability by any party, and nothing in this Settleinent Agreement may be interpreted as an adirfission ot' liability, E,,ach Pmi� to this Settlement Agreement expressly denies lijbilitl, to e\err, other P,,.iw, to thisC tl e S t cm nt Agreement. 1,111S SCnIenictit Agreement is i-nade in accordance with the la%ws oC the State of Fc,,"as. I lie J)"Iries "n-'reu thal this Sertlement A--reCRIellt "MCHICCI ITI. Uld Will 11e k2O11StRlCd alld c,,ntorcwed In ".lccordallco with "I-CxLls law. LACIuSiVC venue l'or aM 1,1v`,Stflt a'CLOCCJ in ,m\ �kaV to dais '^Cnk2,ancnt V2,1-ccmcnt is In C,oilin Coum, [cv1s.- the fflokcs �he P,,i g e 5, Df elil'Or"ccaaacnt Hy the I C I FIQ cat'any obilgaations gander the Par°tles, rc:spccti�e C('Ns issued b\ Tac: P:"FO. enue is ill Fra" is ('ourvy. '-F�2xas to the �:xtent required by lm,. :'.15 l..lris Settlement A,—,rc,cment is binding on and inures to the hencht cit the Parties and their rcspective respectiveadministrators, legal rcpresentaat.i�cs, crt`ficcrs, a111ellK crrapalcayccs. SaacceSS,cars. and passions. ,any rct`crcracc to 1_,'`aSD,A contained in this ySctticn ent Aoreemecit shall riot be applicable unless U,SDA becomes as lender of'Ncarth (::'ollin. This Settlement Agrccnicrat ccarataains the entire aptrcement, pacm,reer the Parties, It Supersedes any and all prior agreenients, arr°Qarrue racnts, or understandi rigs between the Parties on all subjects ill ally way related to the transactions or occurrences cicscrilaacd in that Litigation or in this Settlement Ag4:1reement;. No oral raracierstaaaaclinus. statements, prc:miser, car induccrnents tl contrary, to or consistent .kith the terms cal` this Settlement Agreement exist. This Settlement Agreement is riot subject to any oral modification, waiver, or addition, and any modification, waiver, or addition raarast be raaaade in writing and signed by aalh Parties. For the purpose ose of'rrcatice, the addresses and tax numbers ca!"the Paarlies are as fs.)llows: North Collin General Manager North Collin Water Supply (orp oration 2225 Hwv., 121 Nor-th Melissa. Texas 75454 Fax no. 972-837-2930 With copy to: Jola.n Rapier Rapier car Wilson, P.C. p 0 McDermott .Alen, Texas 750113 Skip `eve so a Fisher & ivewiorn. P.C. 3724 elc l`f i rscan Street Stine ?10 .rutin. Texas '787.3 1 Melissa CitY Adlniaarstraats:ar, ( °it >i";vlwwlasaa. �e G t i ` . _ w PJ) Box 401) ldebs, 'rexas 75454 Fix no. 97W374524 Widl LN)py LO: Larry Boyd Abenwhy. Waler, Bod & Joplin, fl.(". 1700 RadhKL Suite 300 McKinnen Mas 75069 Fax no. Q 14) 5404040 Ron Freeman Freeman & Coi L)ctt, LLP 8500 Bluff'stone Ccwe Suite EK 104 A- ustin, Texas 78759 McKinney City Manager City ot'NIcKinner P.O. Box .517 %McKinney, Temas 75070 F'ax no, 972-542-0436 . .nna CityAdrninistrator Chy of Anna 120 West Fourth Street Anna, Texas 75409 Fix no. 972-924-2620 W"ith copy to: Arturo D. Rodriguez. Jr. RusscH, ,Vloorrnan & Rodriguez,, LL-R 102 IV, Wn= Suhc 103 Geor,getown. Texas 78626 Wx No. (512 1 930-7742 Any Rin; changing its sr dress or Ax numbcn Jbr purposes of nmice under this S010ment Agrmnwnt. rnwa give aH odwr Wdes ;a Wat 15 ;Wjs sac 6ce Mhe change. Page 7 Y� j 7. Settlenjellt .�,,reej nent may he exccuted In inultiple counterparts, each oi, hich shall he deeme,J an original for all j-w1-lVSeS. 'S. This has been prepared and drafted h% the joint effOrls of the respective attorneys Cor each of the Parties and thus S11,111 not be construed aoalrlst any Party by reason of`vho prepared or dralled it. 2. 1 9. It" after the date of' its approval, am . provision ot' this Settlement Agreement is field to be illcual, imalid, or tmenforccablC Under present or l'uture laws effective during the term ofthis Settlement Agrcenienl, such prwisiori(s) shall be fully scCrable, The Parties agree to cooperate fully and execute any and all snap:picinentary documents and to take all additional actions that may lie necessary or appropriate to giw full 6orce and effect to the terms and intent ot'this Settlemcrit Agreement, 2.2)1. This Settler"rient Agrecmient, including the sums to be escrowed W)d paid under paragraphs 2.07 and 2.08, contains the entire agreement ofthe Parties with respect to payments reqUired to ffilly settle the Litigation and any other disputes between the Parties and conipetelv replaces and supercedes the October 26, 2004, letter agreement arnong the parties. Each Party shall therefore be rcsponsible for MILl fray Its omi legalcosts and eXpMSCS, HICILI(Jillg With(Alt limitation attorney's 1'ees, expert witness fees, and protlessional services fees, incurred in connection v\(ith the Litigation or this Settlement Agreernent, This, Settlement Agreement is effiective UP011 approval by tile City COLHICil Of Ca'Wh g City and the Illoard of* directors ot'North Collin. S �Ti,e'qt D-ige 3 A, L)proved. North Collin Water Supply Corporation By Date Position t S' CN 1� '1- 1 ........... ------------------ City of McKinney By.. --4------4v- Date ---------- Position (f ........... (Aty of Melissa Date P()Sitiorl .......------ ............ ........................ City of Anna F)"Itc .......... Position .......... Setfle�-r�ieM A rit Page 9 of 9 K ` � 4 q6 kl N S �. UR�ERj OR OZ V• �6 ti � �ZZ LL Item No. 9 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Salt.Contact. Maurice Schwanke ................................................................................................ xtlibif : Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving the First Agreement Amending Subdivision Improvement Agreement for Anna Crossing, Phase 3A. SUMMARY: Anna Crossing, Phase 3A is located at the northeast corner of Sharp Road and Leonard Avenue in the Anna Town Square development east of State Highway 5 (Powell Parkway) and includes 36 single family lots. The City previously authorized the release of three (3) building permits for single family homes pending completion of the off-site sewer improvements. The attached Amended Subdivision Improvement Agreement will authorize the release of building permit for not more than 24 of the lots within Phase 3A prior to formal acceptance by the City of all the required public improvements. The required off-site sewer improvements are nearing completion. A certificate of occupancy for the new homes will not be issued until the all public improvements are formally accepted. STAFF RECOMMENDATION: Prior to approval of this Amended Agreement, Staff has requested that the Skorburg Co.; 1) address some minor outstanding issues related to the Anna Town Square project, and 2) dedicate certain easements necessary for the Foster Crossing Water line project. If all outstanding issues are resolved, and the City receives the executed easements as requested prior to the City Council meeting, Staff will recommend approval of the attached Agreement. The Resolution includes a provision requiring the Skorburg Company execute an agreement concerning the payment of certain CCN fees owed by the City to the North Collin SUD (see prior agenda item). CITY OF ANNA, TEXAS RESOLUTION NO. (Anna Crossing Ph. 3A SIA 1St Amendment) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT FOR ANNA PHASE3A WHEREAS, the City of Anna, Texas (the City ) and Anna Crossin Ph� � IIA, Ltd., i ("Owner"), desire to enter into a First Agreement Amending Sub �on I vemen E- 0 Agreement Anna Crossing Phase 3A to address the limited rel f c rtain permits in connection with the construction of Anna Crossing, Phas� ; ad .iii, % WHEREAS, the City Council of the City of Anna, Texas ("'City CouncIJI, s that a val of this Agreement will benefit the City and is in the best intere ���� ��l e citiz '1 of Al NOW THEREFORE, BE IT RESOLVED BY THE CI COUJ�ID� T CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. ��11111111111111111f1111�J�o/0 The recitals above are incorporated herein a ,'f set forth ihfor all purposes. Section 2. Approval of Agreement nd " t. , The City Council hereby approv a Fir gending Subdivision Improvement Agreement, Anna Crossing P , e 3A at lied hereto as Exhibit 1, and authorizes, ratifies and approves the City Manag �ec m of same, subject to approval and full execution of the Fifth Agreement ding ivision Improvement Agreement between the City and Anna Crossing ° g ��� �� tac �� hereto as Exhibit 2. The City Manager is hereby authorized to execuII docum ��' a take all other actions necessary to finalize, act under, and enforce s Agreemen . PASSED AW111 f PP ED by th ity Council of the City of Anna, Texas, on this the 10th day of M //////l ATT J APPROVED: In //City reta M ,rrie L. Smith Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT ANNA CROSSING, PHASE 3A This First Agreement Amending Subdivision Improvement Agreement, Anna Crossing, Ph �f his "First Amendment") is entered into between and among the City of Anna, Texas (the " and Crossing Phase IIA, Ltd. as follows: WHEREAS, Owner and the Cit are sometimes collective) referenced in this Fit� Amen" �`� nt as the, Y Y ,,,,,,,,,,,,aa "Parties"; and WHEREAS, on October 15, 2015, the Parties previously entered intubdi n ImproveMent Agreement for Anna Crossing, Phase 3A ("SIA") related to the Development roperty; /ff WHEREAS, the Parties now desire to amend the SIA to inc r the number o' ,,, tial building permits that may be issued by the City; and ��������/////// fir, WHEREAS, the capitalized terms used in this First A dmen are as d ied in the SIA unless expressly set forth to the contrary herein, and WHEREAS, it is the Parties' mutual intent that is First Ame ent shall govern only the subject matter specifically set forth herein and shall su ede any pre s agreement between the Parties / and City Regulations onlyto the extent sa reern�f'f or City Regulations directly conflict with the terms of this First Amendme nd NOW THEREFORE in considerati the �ual covenants contained herein, es agree the Partias �11 ,� follows: ���f�1111111111111111111�11111///»���,, SECTION 1 RECITAL CORPO� D �1 The recitals set forth ve are incorp ted herein as if set forth in full to further describe the Parties intent under t �rst �ndment a said recitals constitute representations by Owner, Payee and the City �a �1 FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 SECTION 2 AMENDMENT TO SECTION 4 OF THE SIA Section 4 paragraph (a) of the SIA is hereby amended as follows: a) Upon completion of the Initial Improvements, delivery of the Performance Bond e described in Section 3 of this Agreement, and verification by the City th e Bond is V' compliance with this Agreement, the City shall release residential building er % or not more I than 10% twenty-four (24) of the lots within the Property described 1 xhibi � rovided that the issuance of building permits by the City under thi ,vision shall ub' however, � to compliance by the Owner with all other applicable City Regulati, elated he issi��� jll '`of said building permits. SECTION 3 CONFLICTS AND EFFECTIVE DATE � � ° l� �r� To the extent of an conflict between this First Amendmen d mendm � first aent shall govern. The Effective Date of this First Amendment is the da �the las the Parties signatures to this First Amendment is fully and p ��1� ed to his Fir 'mendment and #, acknowledged by a public notary. The City's d �s and ob 'on���� der shall not arise unless and until the Cit Council has duly adopted th irst Amend t and Owner and Payee have duly Y Y p Y Y executed same. �` j �� 11 [SIGNATURES PAGES FOLLOW, RE D�/ �F T��� . NTIONALLY LEFT BLANK] 11f f f1 f f 1f � / 1 � 1 � r' R q J� l 1 �a �1 r� r � r � � r t FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 2 Anna Crossing Phase IIA, Ltd. a Texas Limited Partnership By: Anna Crossing Phase IIA GP Corporation, a Texas Corporation, ���������������� its General Partner r By: Richard M. Skorburg its President IN WITNESS WHEREOF: j F STATE OF TEXAS COUNTY OF ���oal�1/ »fur Before me, the undersigned notary public, on the , ��� � F 2016, personally appeared Richard M. Skorburg, known to me (or ed tome,ti, ° e A#141j,WKI on whose name is subscribed to the foregoing instrument, and ackledged to m at he executed the same in his capacity as President of Anna Crossing Phase IIA �,,Corporation, i its capacity as general partner for Anna Crossing Phase IIA, Ltd. //o��aoaoioi�//�f. ary Public, State of Texas 111 f f1 f f 1f l 1 � 1 � 1 � 1 � 1 � 1 � / J� II l . ii 1 %/////////////////////NW �a �1 r� / r t FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 3 CITY OF ANNA By: Philip Sanders, City Manager 9 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the da 6, personally appeared Philip Sanders, known to me (or proved to, Wme) to The e pe na "is subscribed to the foregoing instrument and acknowledged to me that he ex e sa lin his capacity as City Manager of the City of Anna and on behalf of the Cit �y PLI e of Texas ............... ........... ................. ................. ,ell 011 FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 4 ATTACHMENTS Exhibit 1—Subdivision Improvement Agreement(SIA) fg Exhibit 4—Addison Wilson Tract FF 0%hil FIRST AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page5 Item No. 10 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, Me n.qMay 10, 2016 , Staff Contact: City Manager ....................................... Exhibits: Yes AGENDA SUBJECT: Future Agenda Consideration: Ordinance amending building permit requirements in the extraterritorial jurisdiction. SUMMARY: Regulations regarding the issuance of building permits in the City's extra-territorial jurisdiction (ETJ) are outlined in Part III-A, Article 1, Section 16 of the Anna City Code (see below). These regulations were adopted under the authority of the laws of the State of Texas, including Chapter 212 of the Texas Local Government Code. Chapter 233 Subchapter F of the Local Government Code also address the authority of cities to adopt a building code in the ETJ. Section 16. Buildinq Permits Required in the City's Extraterritorial Jurisdiction 16.01 Before construction of any structure proposed to be located in a Subdivision within the City's Extraterritorial Jurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. 16.02 Fees shall be collected for building permit review and inspections at the same rate charged for structures located within the City's corporate limits. 16.03 Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been Platted in accordance with these Subdivision Regulations as applicable to development in the City's Extraterritorial Jurisdiction. Mayor Crist has requested that the Council review these regulations and consider any appropriate amendment(s). According to the rules previously adopted by the City Council, an item listed for discussion under Future Agenda Consideration will be placed on a future Council agenda if at least three (3) Council members vote in favor of a motion to place the item on a future agenda (Resolution 2008-01-04). Item No. 11 City Secretary's use only City Council Agenda Staff Report alt c Da te-May 10 2016 r'°'�'v0F. ��U vxA 7 n act. Jessica Perkins xf°ziit : ......................................................... AGENDA SUBJECT: Briefing and discussion regarding the 2016 ICSC annual conference. SUMMARY: . ICSC is the International Council of Shopping Centers and is the premiere resource for retail real estate professionals. RECon, held annually the V week of May, is the global convention for the shopping center industry and provides networking, deal making and educational opportunities for retail real estate professionals. With over 36,000 attendees and 1,000 exhibitors you can do a year's worth of business in just three days. RECon is the opportunity to meet retailers, view the latest industry products and services, attend educational sessions or find the next retail deal. For the last several years, the EDC has sent representation to the RECon convention and has successfully built relationships with retailers we would like to see locate in Anna. Both CVS and McDonalds are ICSC successes. Currently, over 1,000 public officials or staff are registered to attend the 2016 RECon convention. Anna EDC staff has reached out to 25 retailers that will be in attendance at the convention to discuss Anna as a location to open a store. STAFF RECOMMENDATION: n/a Item No. 12 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, t l ay 10, 2016 ( �t„Contac(: Cliff Rana cu ,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Y q xtiibif : 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); ETJ Boundary, Building Permit Requirements. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities. c. discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Attorney annual review. The Council further reserves the right to enter into closed session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: Item No. 13 City Secretary's use only City CowinclillIIID Stafiiirt ,t : May '10, 2016 CH 0F. N N A,V' XF 3 S.tat Q.Q.nt . CII't'y Manager .......................................................... AGENDA SUBJECT: Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: Item No. 14 City Secretary's use only City CowinclillIIID Stafiiirt i CH 0 ANNA,IEXA, a,td May '11 � , ,rrt , t: Clity IManager xf-iibff : None .......................................................... AGENDA SUBJECT: Adjourn SUMMARY: Item to adjourn the meeting. STAFF RECOMMENDATION: Staff recommends a motion to adjourn.