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HomeMy WebLinkAbout2017-05-16 Special Meeting PacketA Y{OUR} HOMETOWN AGENDA City Council Special Meeting Tuesday, May 16, 2017 @ 6:30 P M Anna City Hall The City Council of the City of Anna will meet in Special Session at 6:30 PM, on May 16, 2017, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. Invocation and Pledge of Allegiance 3. Consider/Discuss/Action on a Resolution approving the May 6, 2017 General Election Canvass. (City Secretary) 4. Administration of the Oath of Office to newly elected Council Members. (City Secretary) 5. Consider/Discuss/Action on appointment of a Mayor Pro-Tem. (City Council) 6. Consider/Discuss/Action on appointment of a Deputy Mayor Pro-Tem. (City Council) 7. 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: 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). 8. Institute annexation proceedings with respect to an ordinance annexing approximately 466 acres of land within the J. Chalmers Survey, Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. (Maurice Schwanke) 9. Consider/Discuss/Action regarding approval of a Resolution authorizing nomination of a Texas Department of Transportation, Transportation Alternatives Set -Aside Program Project. (Joseph Johnson) 10. 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 12th day of May, 2017.. 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. Item No. 3. City Council Agenda Staff Report Meeting Date: 5/16/2017 AGENDA ITEM: Consider/Discuss/Action on a Resolution approving the May 6, 2017 General Election Canvass. (City Secretary) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Resolution Exhibit Upload Date Type 5/11 /2017 Resolution 5/11 /2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. (May 6, 2017 Election Canvass) A RESOLUTION OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF A GENERAL ELECTION OF TWO CITY COUNCIL MEMBERS, ALL FOR THREE-YEAR TERMS EXPIRING MAY 2020. WHEREAS, an election was held in the City of Anna, Texas on May 6, 2017 for the purpose of electing two city council members, all for three-year terms; and WHEREAS, the City Council of the City of Anna ("Council") has reviewed and investigated all matters pertaining to this election and returns thereof, and WHEREAS, the Council hereby canvasses the returns of this election, at which there was submitted to all resident, qualified electors of the City for their action thereupon, the election of two city council members, all for three-year terms; and WHEREAS, the Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this Council by the judges, officials and clerks holding and conducting the election, the poll lists and the official elections returns showing separately the votes cast in the election; and WHEREAS, from the returns, this Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City; and WHEREAS, each of the candidates in said election received the following votes; Candidate/or Proposition City Council, Place 3 (Concilio de Ciudad, Lugar 3) John Beazley City Council, Place 5 (Concilio de Ciudad, Lugar 5) Nathan Bryan Scott North Susan Warden Number of Votes 255 174 98 45 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA THAT: SECTION 1. The Council officially finds, determines, and declares that the election was dully and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly Resolution Canvassing the May 6, 2017 Election appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, and due returns of the results of the election had been made and delivered, and that the City of Anna has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America and the Ordinance calling the election. SECTION 2. The following persons are therefore elected as Council Members of the City for a term of three (3) years: Place 3 John Beazley Place 5 Nathan Bryan PASSED AND APPROVED on this 16th day of May, 2017. ATTEST: APPROVED: Carrie L. Smith, City Secretary Mike Crist, Mayor Exhibit Resolution Canvassing the May 6, 2017 Election 2 STATE OF TEXAS § CANVASS OF THE CITY OF ANNA ELECTION COUNTY OF COLLIN § MAY 6, 2017 I, Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the May 6, 2017, City of Anna Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 12th day of May 2017. Elections Administrator Collin County Election Summary Report Date:05/11/17 Collin County, Texas Time: Page:I oft General and Special Elections May 6, 2017 Summary For Jurisdiction Wide, All Counters, Anna City Early Voting and Election Day Combined Accumulated Totals 44 of 44 Vote Centers Reporting Registered Voters 531652 -Cards Cast 388 0.07% Anna Council P3 (30) Total Number of Precincts 12 Precincts Reporting 12 100.0 % Vote For 1 Times Counted 388/6145 6.3 % Total Votes 255 Times Blank Voted 133 Times Over Voted 0 Number Of Under Votes 0 John Beazley 255 100.00% Anna Council P5 (40) Total Number of Precincts 12 Precincts Reporting 12 100.0 % Vote For 1 Times Counted 388/6145 6.3 % Total Votes 317 Times Blank Voted 71 Times Over Voted 0 Number Of Under Votes 0 Scott North Nathan Bryan Susan Warden 98 30.91% 174 54.89% 45 14.20% Anna Proposition (45) Total Number of Precincts 12 Precincts Reporting 12 100.0 % Vote For 1 Times Counted 388/6145 6.3 % Total Votes 369 Times Blank Voted 19 Times Over Voted 0 Number Of Under Votes 0 For 286 77.51% I 83 22.49% Num. Report Precinct 214 - Num. Reporting 214 100.00% Item No. 4. City Council Agenda Staff Report Meeting Date: 5/16/2017 Yi0W HOMETOWN AGENDA ITEM: Administration of the Oath of Office to newly elected Council Members. (City Secretary) SUMMARY: STAFF RECOMMENDATION: i Item No. 5. City Council Agenda Staff Report Meeting Date: 5/16/2017 VOUR} HOMETOWN AGENDA ITEM: Consider/Discuss/Action on appointment of a Mayor Pro-Tem. (City Council) SUMMARY: According to the City Charter the Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro Tem must act as the Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. STAFF RECOMMENDATION: Nominate a Council Member to serve as the Mayor Pro-Tem and vote on nomination. i Item No. 6. City Council Agenda Staff Report Meeting Date: 5/16/2017 VOUR} HOMETOWN AGENDA ITEM: Consider/Discuss/Action on appointment of a Deputy Mayor Pro-Tem. (City Council) SUMMARY: According to the City Charter the Deputy Mayor Pro Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro Tem must act as Mayor during the disability or absence of the Mayor and Mayor Pro Tem, and in this capacity has the rights conferred upon the Mayor. STAFF RECOMMENDATION: Nominate a Council Member to serve as the Deputy Mayor Pro-Tem and vote on nomination. I Item No. 8. City Council Agenda Staff Report Meeting Date: 5/16/2017 YOUR) HOMETOWN AGENDA ITEM: Institute annexation proceedings with respect to an ordinance annexing approximately 466 acres of land within the J. Chalmers Survey, Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. (Maurice Schwanke) SUMMARY: On February 28, 2017, the City Council approved a Resolution setting the dates and times for public hearings on the proposed annexation of approximately 466 acres of land within the J. Chalmers Survey, Abstract No. 0233 and the S. Craft Sr. Survey No. 0165. The area contains 26 parcels of property with 5 single family homes, 18 manufactured homes, and two commercial buildings under construction and is bounded on the south by the Sam Rayburn Memorial Hwy. and is traversed by F.M. 2862 and County Road 526. The north boundary is County Road No.525. Notice of the required public hearings was sent to all property owners within the described area on March 10th, 2017. Public hearings were held on April 11 th and April 25th to receive public comment on the proposed annexation. The City Council also received additional public comments during their meeting on May 9th. A Service Plan for the area has been prepared which explains how the City will fulfill its obligation to extend full municipal services to the properties being annexed (see attached). On February 28, 2017, the City Council approved an Automatic Aid Agreement with the Westminister Volunteer Fire Department (WVFD). Through this Agreement, the WVFD will continue to provide fire protection to the properties being considered for annexation. As an alternative to annexation, the City is offering to enter into a development agreement with the property owners that would; 1) guarantee the continuation of the extraterritorial (outside the city limits) status of the properties for a period of time; and 2) authorize the enforcement of all regulations and planning authority of the City that do not interfere with the existing land uses or the use of the properties for agriculture, wildlife management, or timber. The initial development agreement that was included with the Notice sent on March 10th, would have guaranteed the continuation of the extraterritorial (outside the city limits) status of the properties for one (1) year. After reviewing the comments received at the public hearings. the City has revised the proposed development agreement by extending the term of the agreement to five 5 ears. During the time the property remains outside the City limits, it is not subject to City property taxes, but also may not receive tax -supported services from the City. At the conclusion of the five-year term of the Agreement, the property owners would consent to voluntary annexation. The revised development agreement offer was mailed to the property owners late last week. Each property owner has the option to accept or decline the development agreement offered by the City. The property owners have been advised that if they choose to decline the offer or if the City receives no response by June 13, 2017, the property may be annexed as originally proposed. STAFF RECOMMENDATION: Staff does not recommend adoption of the annexation ordinance at this meeting.. A revised development agreement offer was mailed to the property owners late last week. The property owners have been advised that if they choose to decline the offer or if the City receives no response by June 13, 2017, the property may be annexed as originally proposed. Instead we recommend approval of the following motion: "I want to read into the record the caption of the annexation ordinance. [Reads caption aloud]. I move that the City Council of the City of Anna, Texas institute annexation proceedings on the area of land that is the subject of the ordinance, that the Council takes no action on the ordinance today, and that the Council table any action to complete annexation of all or any part of the area of land that is the subject of the ordinance to a future council meeting to occur before the 90th day after today's date." Staff recommends that any future action on annexation occur no sooner than June 13th in order to give the property owners time to consider the revised developent agreement offer that was mailed late last week. The revised development agreements are attached. The Chapter 43 Agreement is offered to those properties with an agricultural tax exemption as required by law. The Chapter 212 Agreement is offered to those properties without an agricultural tax exemption. Both agreements are identical in substance. ATTACHMENTS: Description Upload Date Type Annexation Location Map 5/11 /2017 Backup Material Chapter 43 Pre -Annexation Agreement 5/11 /2017 Backup Material Chapter 212 Pre -Annexation Agreement 5/11 /2017 Backup Material a U D D D D D D ommo® ®o DD DD I qD DDD KD 526 424 121 2862 513 STATE OF TEXAS ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section 43.035 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties" or, each individually, as "Party"; and WHEREAS, the Owner owns a parcel or parcels of real property(s) (the "Property") in Collin County, Texas and further described in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Section 43.035 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the Term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. IMMUNITY FROM ANNEXATION The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. OWNER OBLIGATIONS (a) Owner covenants and agrees not to use the Property for any use other than for the Existing Land Uses or for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. 1. Existing Land Uses mean the legal uses of the Property in existence as of the Effective Date of this Agreement. (b) Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. (c) Owner covenants and agrees not to construct, or allow to be constructed, any building on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. (d) Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (e) Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section 2(e), the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section 2(e) or any annexation of the Property completed by the City after the Term of this Agreement. Section 3. CITY REGULATIONS AND PLANNING AUTHORITY Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the uses of the Property authorized under Section 2(a) of this Agreement. Section 4. EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City. Section 5. TERM (a) The term of this Agreement (the "Term") is five (5) years from the Effective Date. (b) The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this Section 5(b), the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the Owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. TEMPORARY ZONING Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential — Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. MISCELLANEOUS PROVISIONS (a) Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. (b) This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. (c) If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. (d) This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (f) Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. (g) This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (h) This Agreement may be renewed or amended by the written mutual consent of the Parties. (i) This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 2(e) and 5(b) herein. Entered into this day of Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } y,ZiyVA This instrument was acknowledged before me on the day of by Philip Sanders, City Manager, City of Anna, Texas. )2017, Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 1. Notary Public, State of Texas Owner 2 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 3. Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017 , by , Owner 4. Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF COLLIN ) CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Section 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties" or, each individually, as "Party"; and WHEREAS, the Owner owns a parcel or parcels of real property(s) (the "Property") in Collin County, Texas and further described in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Section 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the Term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. IMMUNITY FROM ANNEXATION The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the Term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. OWNER OBLIGATIONS (a) Owner covenants and agrees not to use the Property for any use other than for the Existing Land Uses or for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. 1. Existing Land Uses mean the legal uses of the Property in existence as of the Effective Date of this Agreement. (b) Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. (c) Owner covenants and agrees not to construct, or allow to be constructed, any building on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. (d) Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. (e) Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section 2(e), the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section 2(e) or any annexation of the Property completed by the City after the Term of this Agreement. Section 3. CITY REGULATIONS AND PLANNING AUTHORITY Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the uses of the Property authorized under Section 2(a) of this Agreement. Section 4. EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City. Section 5. TERM (a) The term of this Agreement (the "Term") is five (5) years from the Effective Date. (b) The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this Section 5(b), the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the Owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. TEMPORARY ZONING Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential — Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. MISCELLANEOUS PROVISIONS (a) Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee. (b) This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. (c) If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. (d) This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. (e) No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. (f) Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. (g) This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. (h) This Agreement may be renewed or amended by the written mutual consent of the Parties. (i) This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 2(e) and 5(b) herein. Entered into this day of Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } y,ZiyVA This instrument was acknowledged before me on the day of by Philip Sanders, City Manager, City of Anna, Texas. )2017, Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 1. Notary Public, State of Texas Owner 2 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017, by , Owner 3. Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS) COUNTY OF } This instrument was acknowledged before me on the _day of 2017 , by , Owner 4. Notary Public, State of Texas i Item No. 9. City Council Agenda Staff Report Meeting Date: 5/16/2017 VOUR} HOMETOWN FALi 21'- 107_\ 119 =1►4 F Consider/Discuss/Action regarding approval of a Resolution authorizing nomination of a Texas Department of Transportation, Transportation Alternatives Set -Aside Program Project. (Joseph Johnson) SUMMARY: At the direction of City Council, staff has been working with our engineering consultant to identify and refine a sidewalk/trail project that is eligible for the Texas Department of Transportation, Transportation Alternatives Set -Aside Grant Program. The proposed sidewalk/trail project being proposed would provide new connectivity for pedestrians and bicycle traffic between important community destinations like schools, neighborhoods, employment centers, shopping and recreational areas. Our engineering group (Hayter Engineering) has provided a detailed cost estimate for the project with total construction costs being approximately $1,853,000. If awarded, the City's financial obligation would be to: 1. Provide a cash match covering 20% of the construction cost ($370,600). The construction cash match is over the course of construction and not a pre -project lump sum. 2. Cover all preliminary engineering costs ($197,000). the City would then receive an in -kind credit for 80% of the preliminary engineering cost (4157,600). 3. Cover 20% of the construction phase engineering ($133,000 - 20% = $26,600). 4. Pay 20% of TxDOT's Administrative Fee. The Administrative Fee is 15% of the construction cost ($297,000). The City pays for 20% of that cost ($59,580). The total estimated City cost would be approximately $496,180. If all the project requests were funded, this amount is due over the course of the project. The matching funds would be funded from Park Fees collected and deposited in the Park Trust Fund which may be combined with any grant funding received from Collin County and may also include participation from the AISD. For the sidewalk projects that are adjacent to the Anna Middle School and Rattan Elementary, we have requested that the Anna ISD cover the 20% construction cost cash match. Their approximate share would be $42,213.40. We will also request that the ISD cover their proportionate share (11.5%) of the estimated preliminary and construction engineering as well as 11.5% of the amount that the City must pay for TxDOT's Administration Fees. The ISD approximate share for engineering would be $37,950. The ISD approximate share for the TxDOT Administration Fee would be $6,851.70. This would bring the total requested participation from the ISD to $87,015.1 leaving the remaining $409,164.90 to be funded by the City. The Park Trust fund currently has a balance of $502,662. We estimate that an additional $282,000 in development fees will be paid into the trust fund by the close of the current FY 2017 fiscal year. STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing nomination of a Texas Department of Transportation, Transportation Alternatives Set -Aside Program Project. ATTACHMENTS: Description Upload Date Type Resolution 5/11/2017 Resolution Project Map 5/11/2017 Exhibit Opinion of Probable Construction Cost 5/11/2017 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING NOMINATION OF A TEXAS DEPARTMENT OF TRANSPORTATION, TRANSPORTATION ALTERNATIVES SET -ASIDE PROGRAM PROJECT. WHEREAS, the Texas Department of Transportation (the Department or TxDOT) has issued a call for candidate projects for the Transportation Alternatives Set -Aside Program (TASA); and, WHEREAS, the City of Anna, Texas Public Works Department has worked together with the Planning & Development Department to develop the City of Anna Safe Routes to School Project; and, WHEREAS, children walking to school and general pedestrian activity would benefit from sidewalks where none exist today; and, WHEREAS, the project cited above would provide connectivity for pedestrians and bicycle traffic between important community destinations like schools, neighborhoods, employment centers, shopping, recreational areas and provide for safe routes to school; and, WHEREAS, the City of Anna City Council supports funding this project as described in the 2017 Transportation Alternatives Set -Aside Nomination Form (including construction budget, the Department's 15% administrative costs and the required local match) and is willing to commit to the project's development, implementation, construction, maintenance, management and financing, The City of Anna is willing and able to enter into an agreement with the Department by Resolution should the project be selected for TASA funding, and it is further understood that the City, if selected, is responsible for all cost overruns, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City of Anna apply to the Texas Department of Transportation for a Transportation Alternatives Set -Aside Program grant for funding to complete sections of the Safe Routes to School Project as described above. Section 3. Project Costs. RESOLUTION: TA Set -Aside Project PAGE 1 OF 1 5/9/17 That if TxDOT approves funding through the Transportation Alternatives Set -Aside Program (TASA), the City of Anna will provide at least 15% in administrative costs and the 20% local match for construction. Section 4. Authorized Representative. The City Manager is hereby appointed as the designated representative, authorized and directed to execute all documents necessary to effectuate this nomination and acceptance, if awarded. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 16'" day of May 2017. ATTEST: APPROVED: City Secretary Carrie L. Smith Mayor Mike Crist RESOLUTION: TA Set -Aside Project PAGE 2 OF 1 5/9/17 ' iI onon M� crem'� i i i -- - - - Helmoken Fis Hanakoa Fis O w o Athabasca Fails or N llside Or - Tanur Cascade Or Wylie Farm = �a �a �a O � u U O Y 22 arkview Dr A $ ANNA HIGH SCHOOL 3 a - v`: ANNA MIDDLE SCHOOL AnthonY or W Fern St Maple St 5 0 O �a'� �Oy W White St -- lassl N Pin Oak Trl c o O Black Oak Ctd a SUE EVELYN RATTAN Cedar TO r ELEMENTARY SCHOOL 3 Cypress Way ° � o o 0 4 Crestwood or a Willow Way _ ti Q3 a `o Chestnut St w Elm S1 n Mulberry Dr Sable Wood Or r m Redbud Or c F O O 3 ra Ct Or ounty Road 367 Birch Wood Rd Q 3 o n 3 f Cedar Wood Trl ° a7 M Walnut PECAN GROVE I a X 3 i O o O ' Jrder Ct� o Fotyourne Dry Y �n Can97ord Ct w'0m�c1 Hackberry Ln �a HoneyW" Or V Ainsworth Or 'O o 3 o g — 6 0 mo Rp p And, O g m Acacia Or o Mahogany Dr a p "m o rn o ° _ o Sequoia or p U Y a o ° n 0 ¢ O o o m Durham Or Alder Dr a m Bamboo or a1 3 W White St Westgate Ct 6 0 3 0 3 o U Westwood Ct y W 1st St o in E < _ W 2nd St E 2nd St N Y 'W 3rd St E 3rd St n ` Anna S W 4th St W 4th St E 4th St y Shedey Park vJ 5th St ; E 5th St v a = rn 3 fi Q' E 6th Sl n W 7th St u v E7lh St m W 8th St [2862] N W White St in N a u vi 3 n o � I N y. o Edwards Gym ytalm FBlvd °1 .7 0' Cunning" u Z (7 LL X 3 v U 0 Roadrunner Rd r Rabb rRrn z Ro, h c J4arp0r D Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), Mapmylndia, © OpenStreetMap contributors, and the GIs User Community 2017 TxDOT TRANSPORTATION ALTERNATIVE Legend SET -ASIDE PROGRAM Powell Sidewalk POSSIBLE SIDEWALK LOCATIONS CITY OF ANNA, TX W. White St. Crossing HAYTER Pecan Grove Trail ENGINEERING, INC TBPE #F-315 I TBPLS #10028600 Elementary School 0 1,000 2,000 4445 SE Loop 286 1 Paris,TX 75460 Feet Iq www.hayterengineeringinc.com 04/2017 PROJECT NO.: 040001 FIGURE: 1 1 2 in Z ANNA MIDDLE SCHOOL - - -F ,t Maple St 5 i x'F O x - Roseway St u � 3 a a 0 a z Chatsworth Or 5� Ca/yej Ct o 0 i o u� Fu/6 N S� quip! 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White St. Crossing ENGINEERING, INC TBPE #F-315 I TBPLS #10028600 0 500 11000 4445 SE Loop 286 1 Paris,TX 75460 Feet IN www.hayterengineeringinc.com 04/2017 PROJECT NO.: 040001 FIGURE: 2 w 3 0 m o N � Black Oak Ct Pine Knoll Way O � Erz�e�Fs Pair; _. K I WWe— yak.=lfd Cedar Trl o 3 S Red —Oak Trl - Cypress Way a` e a o o y o o Crestwood Di f r Spruce St r c, O� 0 Willow Way Hickory TO Mandarin Wai Mulberry OF Sable Wood or o 3 Redbud Dr o o- u F 0 o � r; w 3 N Sephora Ct County Road 367 Taylor Blvd U U � I SWIn o n a a Chestnut S'. SUE EVELYN RATTAN ELEMENTARY SCHOOL U Elm St a a K White Pine Trl 3 n `o a Birch Wood Rd LL N Sable Wood or O e ozz n � m m m Cedar Wood Trl Walnut V PECAN GROVE 1 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), Mapmylndia, © OpenStreetMap contributors, and the GIS Pecan Grove Dr User Community 2017 TxDOT TRANSPORTATION ALTERNATIVE SET -ASIDE PROGRAM Legend POSSIBLE SIDEWALK LOCATIONS CITY OF ANNA, TX Pecan Grove Trail HAYT E R Elementary School ENGINEERING, INC TBPE #F-315 1 TBPLS #10028600 0 500 11000 4445 SE Loop 286 1 Paris, TX 75460 Feet IN www.hayterengineeringinc.com 04/2017 PROJECT NO.: 040001 FIGURE: 3 Opinion of Probable Construction Cost TXDOT-TRANSPORTATION ALTERNATIVES SET -ASIDE (TASA) APPLICATION Sidewalk Improvements City of Anna April 2017 Item # Description Estimated I UNIT COST TOTAL COST Powell Sidewalk 1 10' Wide ROW/sub-grade prep/grading 920 LF $19.00 $17,480.00 2 10' wide, 4" thick sidewalk 870 LF $73.00 $63,510.00 3 10' wide, 5" thick sidewalk 50 LF $91.00 $4,550.00 4 Rock Driveway Repair 28 SY $16.00 $448.00 5 24" RCP Storm Sewer 20 LF $91.00 $1,820.00 6 Standard Curb Ramp 4 EA $4,460.00 $17,840.00 7 Crosswalk stripes (24" wide) 113 LF $11.00 $1,237.50 8 Standard pedestrian crossing sign (W11-2) with post and footing 6 LA $640,00 $3,840.00 9 Regrassing (Sod) 153 SY $8.10 $1,239.30 10 Traffic Control (TxDOT ROW) 1 LS $10,000.00 $10,000.00 11 Mobilization 1 LS $8,000.00 $8,000.00 Powell Sidewalk Total $129,965.00 W. White Street 1 Trail Clearing (Medium) 0.16 AC $12,725.00 $2,036.00 2 10' Wide ROW/sub-grade prep/grading 340 LF $19.00 $6,460.00 3 10' wide, 5" thick sidewalk 415 LF $91.00 $37,765.00 4 Concrete Stairs 1 EA $13,780.00 $13,780.00 5 Variable Height wall for back slope 330 LF $100.00 $33,00O.00 6 Handrail 200 LF $82.00 $16,400.00 7 Lighting under bridge 1 LS $35,000.00 $35,000.00 8 Sidewalk footing across rip rap, 12" thick, 5' deep 65 LF $219.00 $14,235.00 9 Bridge Approaches 2 EA $2,568.12 $5,136.25 10 Concrete bridge abutments and wingwalls 6 EA $7,003.97 $42,023,84 11 Bridge placement and anchoring 5 FA $10,505.96 $52,529.80 12 Prefabricated pedestrian bridge/handicap ramp 184 LF $2,000.00 $369,000.00 13 Regrassing (Sod) 0 SY $8.10 $0.00 14 Traffic Control (TxDOT ROW) 1 LS $25,000.00 $25,000.00 15 Mobilization 1 LS $20,000,00 $20,000.00 W. White Street Total $671,366.00 Pecan Grove 1 Trail clearing (Light) 0.34 AC $7,940.00 $2,699.60 2 Trail clearing (Medium) 0.34 AC $12,725.00 $4,326.50 3 10' Wide ROW/sub-grade prep/grading 4,130 LF $19.00 $78,470,00 4 10' wide, 4" thick sidewalk 4,130 LF $73.00 $301,490.00 5 Permanent Bollards 3 EA $475.00 $1,425.00 6 6' Chain Link Fence 60 LF $20.00 $1,200.00 7 Ranch Style Gate 1 EA $1,000.00 $1,000.00 8 Handrail at bridge approaches 180 LF $82.00 $14,760.00 9 Bridge Approaches 6 EA $2,570.00 $15,420,00 10 Concrete bridge abutments and wingwalls 6 EA $7,000.00 $42,000.00 11 Bridge placement and anchoring 3 EA $10,500.00 $31,500,00 12 Prefabricated pedestrian bridge (100' x 10') 3 €A $140,000.00 $420,000.00 13 Regrassing (Sod) 688 SY $8.10 $5,572.80 14 Traffic Control (TxDOT ROW) 1 LS $6,000.00 $6,000m 15 Mobilization 1 LS $20,000.00 $20,000.00 Pecan Grove Total $945,864.00 School 1 10' Wide ROW/sub-grade prep/grading 465 LF $19.00 $8,835.00 2 10' wide, 4" thick sidewalk 465 LF $73.00 $33,945.00 3 Concrete Stairs 1 EA $6,890.00 $6,890,00 4 Variable Height wall for back slope 233 LF $100.00 $23,300.00 5 Regrassing (Sod) 78 SY $8,10 $631,80 6 Traffic Control (TxDOT ROW) 1 LS $2,500.00 $2,500.00 7 Mobilization 1 LS $5,000.00 $5,000.00 School Total $81,102.00 Project Total $1,828,297.00 X:\040 Anna\040001-Anna\02_Application for Finance\Supporting Documentation\Excel\Anna 2017 TxDOTTASA SW OPCC 4-25-2017