HomeMy WebLinkAbout2018-04-24 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, April 24, 2018 @ 7:30 PM
A nna City Hall, Council Chambers
111 N. P owell P arkway, Anna, Texas 75409
T he C ity C ouncil of the C ity of A nna will meet in Work Session at 7:30 P M, on A pril 24,
2018, at the A nna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to consider
the following items.
1.Call to Order, Roll Call and Establishment of Quorum
2.B riefing/Discussion regarding the proposed Oak Ridge development. (B ill Shipp)
a
3.City Manager search process and R F P (Bill S hipp)
a
4.C L O S E D S E S S I O N (E X C E P T I O NS )
Under Tex. Gov't Code Chapter 551, the City Counci l 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 P rofessional C onduct of the S tate B ar of Texas
clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code
§551.071);
a
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072); city facilities; acquisition of easements
a
c.Discuss or deliberate personnel matters (Tex. Gov’t C ode §551.074); City
Attorney A nnual Review, City Manager
a
The Council further reserves the ri ght to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
5.Consider/Discuss/Action on any items listed on any agenda—work session, regular
meeting, or closed session—that is duly posted by the C ity of A nna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(I f there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
6.A djourn. There being no f urther business bef ore the Council, we will consider this
meeting adjourned at ___________ p.m.
T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place
readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at
or before 5:00 p.m. on .
___________________________________
Carrie L . S mith, 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 c oncerning 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 day s prior to the meeting so that appropriate
arrangements can be made.
Item No. 2.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
AG E ND A IT E M :
B riefing/Discussion regarding the proposed Oak Ridge development. (B ill Shipp)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
Item No. 3.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
AG E ND A IT E M :
City Manager search process and R F P (Bill S hipp)
S UM M ARY:
S TAF F RE C O M M E ND AT I O N:
AGENDA
THE CITY OF Regular City Council Meeting
AAAa Tuesday, April 24, 2018 @ 7:30 P M
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7.30 PM, on April
24, 2018, 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. 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.
a. Proclamation proclaiming May the Month for Motorcycle Awareness.
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 Council Meeting Minutes for April 10, 2018.
b. Review minutes of the Park Board meeting on March 19, 2018.(Maurice
Schwanke)
c. Review of minutes from the CDC meetings from January 11, 2018 and
February 1, 2018.
d. Review minutes from the EDC meetings from January 11, 2018 and February
1, 2018.
6. Consider/Discuss/Act on a Resolution appointing a member to the Greater
Texoma Utility Association Board of Directors. (City Council)
7. Consider/Discuss/Action on a resolution approving a land trade for land on the new
city hall site for the existing city hall site.(Maurice Schwanke)
8. Consider/Discuss/Action on a leaseback agreement for existing city hall. (Maurice
Schwanke)
9. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071); property complaints
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review, City Manager, Police Chief and related contracts and
appointments
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held
by Economic Development Corporation; possible incentive agreements with
commercial property developers; pending negotiations on development
agreements
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
10. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
(If there is no need to address any other such agenda item, the Mayor shall adjourn
this meeting).
11. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
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. on April 20, 2018
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.
Cite of Anna, Texas
Proclamation
MOTORCYCLE AWARENESS MONTH
May 2018
WHEREAS, Motorists are reminded to be alert and help keep motorcyclists safe, and
motorcyclists are reminded to make themselves visible to other motorists; and
WHEREAS, Motorcyclists have all the same rights and privileges as any motor vehicle driver
on the roadway, and all road users are reminded to pay attention at all times;
and
WHEREAS, The simple rules of motorcycle safety include being trained and licensed,
wearing protective gear, riding unimpaired, and riding within personal limits;
and
WHEREAS, Motorcycle awareness campaigns help inform riders and motorists about safety
issues and remind us to safely share the road.
NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, Texas, do hereby
proclaim the month of May 2018 as:
MOTORCYCLE AWARENESS MONTH
in the City of Anna, Texas and urge all residents to do their part to increase
safety and awareness in our community.
c5n n7tness whereof 67 here hereunto set mp hand this
22fth dap flApnl, 2018 and c6rlled this seal to be mixed
Nate Pike, Mayor
THE CITY OF
AiAtia
AGENDA ITEM:
Approve the Council Meeting Minutes for April 10, 2018.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Work Session
Regular Session
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Upload Date Type
4/20/2018 Backup Material
4/20/2018 Backup Material
ANNA CITY COUNCI L
MINUTES
WORK SESSION
April 10, 2018
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:31 p.m.
Council Member Miller arrived at 7:00 p.m.
2. Briefing/Discussion regarding the FY 2019 Budget Calendar (Dana
Thornhill)
3. Briefing/Discussion regarding Municipal Facilities. (Bill Shipp)
4. Briefing/Discussion regarding GovHR - Proposal. (Bill Shipp)
5. 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. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
b. 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; code enforcement
action (Tex. Gov't Code §551.071);
C. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review, City Manager
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held
by Economic Development Corporation; possible incentive agreements with
commercial property developers; pending negotiations on development
agreements.
MOTION: Council Member Miller moved to enter closed session. Council
Member Bryan seconded. Motion carried 7-0.
Mayor Pike recessed the meeting into closed session at 7:10 p.m.
Mayor Pike reconvened the meeting at 7:29 p.m.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
6. Consider/Discuss/Action on any items listed on any agenda —work session, regular
meeting, or closed session —that is duly posted by the City of Anna for any City
Council meeting occurring on the same date as the meeting noticed in this agenda.
7. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:29 p.m.
Approved on the April 24, 2018.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
ANNA CITY COUNCI L
MINUTES
REGULAR SESSION
April 10, 2018
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:30 p.m.
All members were present.
2. Invocation and Pledge of Allegiance.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
There were a number of speakers in favor of the City building a library.
A number of citizens spoke in opposition to item 5e. "Treasured Vessels".
William and Kathleen Morgan spoke in opposition to the City's water supply.
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.
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.
Items d, e, f, and i were removed from the Consent Agenda.
a. Approve Council Minutes for March 27, 2018. (City Secretary)
b. Review minutes of the Planning and Zoning meeting for March 5, 2018.
(Maurice Schwanke)
C. Review Quarterly Investment Report (Dana Thornhill)
d. Approve a Resolution authorizing the Mayor to execute an I nterlocal
Agreement with Collin County for road maintenance.
The City of Anna has an existing interlocal agreement (ILA) with Collin County for
road maintenance that is set to expire this year. This item authorizes the Mayor to
sign a new I LA that will continue the agreement for road maintenance through 2022.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR ROAD
MAINTENANCE.
MOTION: Council Member Miller moved to approved. Council Member Martinez
seconded. Motion carried 7-0.
e. Approve a Resolution approving the "Treasured Vessels" Development Plat.
(Maurice Schwanke)
The development plat is located within Anna's extra -territorial jurisdiction (ETJ) and
generally known as 8839 County Road 512. The tract is in the W.W. Roberts
Survey, Abstract No. 785 and contains 26.19 acres of land. The owner is
proposing constructing a series of small residential units. The location is outside
Anna City limits but within the ETJ. The City of Anna does not have land use
jurisdiction in the ETJ. The submittal meets the City of Anna development plat
requirements.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
"TREASURED VESSELS" DEVELOPMENT PLAT.
MOTION: Council Member Martinez moved to approve. Council Member Beazley
seconded. Motion carried 5-2. Reeves and Bryan opposed.
f. Approved a Resolution approving the "Roper Auto Repair & Retail Center"
site and landscape plans located at 916 W White St. (Maurice Schwanke)
Brian Roper, owner of property, has submitted a site and landscape plan regarding
"Roper Auto Repair and Retail Center" located at 916 W White Street. Currently,
located on the site is an auto repair shop, an impounded vehicle storage, wrecked
semi trailers and a communication tower. The property backs to single family
residential to the north and east. The project proposed is to remove all of the
impounded cars, wrecked semi trailers and remove the existing auto repair facility.
The communication tower will remain.
Planned for the site is a 7,200 square foot retail Center and a 5,462 square foot
automotive repair shop. Under the current zoning classification of the current
zoning ( "C-1 ") retail uses as well as minor automotive repair is allowed. The site
plan stipulates that no bay doors of the automotive repair structure are oriented
towards the residential land uses. Additionally, a 6' masonry screening wall is
required abutting the residential property.
Prior to development of the site, construction plans are required to be approved as
well as a final plat.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE
AND LANDSCAPE PLAN FOR THE ROPER AUTO REPAIR SHOP AND
RETAIL CENTER.
MOTION: Council Member Miller moved to approve. Council Member Burr
seconded. Motion carried 7-0.
g. Approve a Resolution approving the "Mudpies Addition Lot 1 R and Lot 2" final
plat. (Maurice Schwanke)
The "Mudpies Addition" final plat is located at 817 S. Interurban Street. The final
plat is adding lot 2 and extending an access easement from Lot 1 to Lot
2. Currently, an existing house that is not occupied exists on lot 2 while a daycare
(Mudpies and Lullaby's) exist on lot 1 r. The purpose of this plat is to provide access
to the property north of the Mudpies and Lullaby's daycare for additional non -
required parking. Both lots are owned by same owners. The submittal meets the
City of Anna subdivision rules and regulations.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL
PLAT OF THE MUDPIES ADDITION.
h. Approve a Resolution approving the "Bartolome" final plat. (Maurice
Schwanke)
The Bartolome Final Plat is located at 316 E 6th St and is in the Guinn Morrison
Survey, Abstract No 559. The plat contains 0.286 Acres (12,477 sq. ft.) and is
being platted for a potential 425 sq. ft. addition to his home.
This area is in the older part of Anna has not been platted before. The lot
currently contains an existing single family structure and a detached garage. The
Final plat layout is in conformance with the existing zoning. Please note that the
existing house is bisected by the 25' front setback and is setback from the center
line of 6th Street by 45.1 feet. The house is a legal nonconforming structure since
it was built prior to adoption of Anna's Zoning Ordinance adoption and the setback
requirements. The proposed expansion is at the back of the house.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE
BARTOLOME FINAL PLAT.
Consider/Discuss/Action approving a Resolution approving the "One Anna
Two Addition" preliminary plat. (Maurice Schwanke)
The One Anna Two Preliminary Plat contains 77.396 acres located in the W. S.
Rattan Survey, Abstract No 752 and the Thomas Rattan Survey, Abstract No. 782.
This tract is located at the NW corner of Hwy 75 and White St. The Preliminary Plat
contains an approximate 24-acre lot for potential medical and commercial uses with
the remaining tract to the south to be platted later. The tract was recently rezoned to
"PD" for C-1 uses plus several additional uses.
During the development of the final plat all engineering concerns will be addressed
such as the provision of water, fire hydrant locations, wastewater, storm drainage,
and fire lane easements. For this site a water line will need to be provided
under U.S. 75 via a bore. Wastewater is proposed to be extended to the south to
an existing wastewater main that exists under U.S. 75 and traverses the Walmart
site to the east. Storm drainage will be captured at the southwest corner of the 24
acre lot.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A
PRELIMINARY PLAT OF ONE ANNA TWO ADDITION.
MOTION: Mayor Pike moved to approve. Council Member Beazley seconded.
Motion carried 7-0.
6. Consider/Discuss/Action on an Ordinance authorizing the issuance and
sale of City of Anna, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2018; levying an annual ad valorem tax and providing for
the security for and payment of said Certificates; approving the official
statement; providing an effective date; and enacting other provisions
relating to the subject. (Dana Thornhill)
The City Council will consider an Ordinance authorizing the issuance of
approximately $31,520,000 Combination Tax and Revenue Certificates of
Obligations Bonds, Series 2018 in order to finance the acquisition and construction
of a new Municipal Complex including a new City Hall containing a Police Station,
Municipal Court, and administrative offices, a new stand alone Fire Station, pay the
costs of professional services including the costs of issuance, and to improve
streets.
The issuance of the Combination Tax and Revenue Certificates of Obligation
Bonds,Series 2018, will have no impact to the City's property tax rate. Instead, the
City will reallocate the Maintenance and Operations portion of the tax rate to offset
the increase in the Interest and Sinking (Debt Portion) of the tax rate.
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF
ANNA, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2018; LEVYING AN ANNUAL AD VALOREM TAX
AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID
CERTIFICATES OF OBLIGATION; APPROVING THE OFFICIAL
STATEMENT; PROVIDING AN EFFECTIVE DATE; AND ENACTING
OTHER PROVISIONS RELATING TO THE SUBJECT.
MOTION: Council Member Burr moved to approve. Council Member Martinez
seconded. Motion carried 7-0.
7. Public Hearing on a voluntary annexation of a 10.144 acre tract of land
located in the Grandison Stark Survey, Abstract No. 798. (Maurice
Schwanke)
This proposed annexation involves approximately 10.144 acres of land within the
Grandison Stark, Abstract No. 798. The area fronts on E. Foster Crossing Road
and is east of State Highway Number 5 and is owned by the Skorburg Company.
The Skorburg Company has petitioned the City requesting the annexation
(voluntary).
A second public hearing will be held during the regular City Council Meetings on
May 8th. A final vote on the annexation would be scheduled on May 8th after the
public hearing.
Mayor Pike opened the public hearing at 8:43 p.m.
No comments.
Mayor Pike closed the public hearing at 8:43 p.m.
8. Discuss/Consider/Act on a Resolution authorizing the City Manager to
enter into a professional services agreement with GovHR USA for
recruitment of a Chief of Police with an option for recruitment of a City
Manager.
The City of Anna sent on March 14, 2018 requests for RFP to six executive search
firms for the executive search of the Chief of Police position and potentially a
search for a City Manager. Four proposals were received by the City Secretary
prior to the deadline of March 29, 2018 at 3:00 PM. A committee of three City of
Anna employees was formed that included Ms. Stephanie Beitelschies, HR
Manager, Mr. Maurice Schwanke, Director of Planning and Mr. Bill Shipp, Interim
City Manager. The committee used the following grading criteria that was laid out in
the RFP request to evaluate each proposal:
A. A statement of qualifications, history and experience of the firm to
include identification of all key personnel who will be assigned to the project
and the specific role of each individual. (25%)
B. An explanation of the proposer's objectives and approach to the
candidate search including an outline of the process and methodology to be
utilized, along with a concise timeline by which the process will occur. (25%)
C. A list of a minimum of four client references, specifically from
executive searches for the position of Chief of Police and City Manager.
(25%)
D. The detailed and itemized cost of associated fees and expenses for
the project, including but not limited to rates and estimated hours. The City
prefers a flat rate for evaluation purposes. (25%)
Out of the four proposals received, the committee's recommendation will be to
move forward with executive search firm, GOVHR USA.
GOVHR USA was established in 2009 and is currently based out of Illinois.
GOVHR USA works in over 24 states across the nation and has conducted over
600 recruitments for cities, counties, special districts and other governmental
entities of all sizes throughout the county. GOVHR USA has assigned two Vice
President recruiters to the City of Anna, both with extensive law enforcement career
backgrounds. Ms. Heidi Voorhees and her team anticipate this project to last 90
days from signing of the contract. GOVHR USA has received several outstanding
recommendations from their clients and the City of Anna staff is confident they will
provide an excellent service as we search for our City of Anna Chief of Police.
GOVHR USA's price for the recruitment fee will be $14,000, recruitment expenses
of $6,000 and an advertising fee of $2,500 for a grand total of $22,500.
MOTION: Council Member Miller moved to enter closed session. Council
Member Bryan seconded. Motion carried 6-1 Burr opposed.
Mayor Pike recessed the meeting into closed session at 10:14 in accordance with
Tex. Gov't Code §551.071 and §551.074.
Mayor Pike reconvened the meeting at p.m.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH GOVHR USA TO RECRUIT A CHIEF OF POLICE
WITH AN OPTION TO RECRUIT A CITY MANAGER.
MOTI ON: Council Member Beazley moved to approve. Council Member Martinez
seconded. Motion carried 6-1. Miller opposed.
9. Consider/Discuss/Action on a resolution approving the Natural Springs
Park land swap.
The City has working on a land swap of 1.185 acres that is currently in Natural
Springs Park for a tract of land that is surrounded on three sides by natural springs
park. A proposition was taken to the voters of Anna and approved on May 6, 2017.
Since the election, a land exchange agreement was entered into, a site plan
contemplating the exchange was approved, a re -plat of the property was approved,
and construction plans have been approved. Additionally, the City Council has
approved a revised concept plan for Natural Springs Park that was recommended
by the Anna Parks Board that contemplated the land swap. As such, the approval
of the attached resolution is the final ratification of the land swap before the actual
closing and transferring of the property.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A LAND
EXCHANGE AUTHORIZED BY VOTERS OF THE CITY OF ANNA IN A MAY
6, 2017 ELECTION FOR PROPERTY TO BECOME PART OF NATURAL
SPRINGS PARK IN EXCHANGE FOR LAND CURRENTLY PART OF
NATURAL SPRINGS PARK.
MOTION: Council Member Burr moved to approve. Council Member Martinez
seconded. Motion carried 6-1. Miller opposed.
10. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute a contract with Highway 19 Construction, LLC to
construct driveway and parking facilities at Natural Springs Park. (Maurice
Schwanke)
The City Council previously granted authorization to solicit competitive sealed
proposals for driveway and parking facilities at Natural Springs Park. The project
includes approximately 2,138 square yards of 6-inch reinforced concrete pavement
with lime stabilization.
On March 22, 2018 at 3:00 PM, competitive sealed proposals were publicly
opened and read for the driveway and parking facilities at Natural Springs
Park. 10 proposals were received. Our engineering consultant (Birkhoff, Hendricks
& Carter) has evaluated the competitive sealed proposals received; checked
references, and the contractors' qualifications and ability to perform the
project. Subsequently, our consulting engineer has recommended that the City
accept the proposal from Highway 19 Construction, LLC and award them a contract
in the amount of $176,061.60. $170,000 of funds were budgeted in the current
budget year.
Funds are available for this project in the Parks Trust Fund.
The driveway and parking facilities at Natural Springs Park Project supports the
following goals from the City's adopted Strategic Plan:
(1) Focus on improvements to Natural Springs Park (ponds, restrooms, parking
areas, office space).
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
STAFF RECOMMENDS APPROVAL OF THE RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH HIGHWAY 19 CONSTRUCTION, LLC TO CONSTRUCT DRIVEWAY
AND PARKING FACILITIES AT NATURAL SPRINGS PARK.
MOTION: Council Member Burr moved to approve. Council Member Martinez
seconded. Motion carried 7-0.
11. Consider/Discuss/Action on a Resolution authorizing the City Manager to
enter an agreement with PM AM Corporation, a third -party false alarm
management company. (Chief Caponera)
The inefficient process through which the PD records manager must go through to
handle the alarm program consumes approximately 10 to 12 hours each week. PM
AM Corporation will manage all aspects of the alarm program from initial permitting
to false alarm prevention training. PM AM will also provide a customer portal that
will allow citizens to maintain their accounts, including making payments online.
MOTION: Council Member Beazley moved to approve subject to City Attorney's
approval of agreement. Council Member Miller seconded. Motion carried 7-0.
12. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks &
Carter, LLP for the US 75 Utility Relocation Project - Phase 2. (Joseph
Johnson)
The Texas Department of Transportation (TxDOT) has acquired additional right-of-
way in order to prepare for the planned expansion of US 75 between CR 371 and
Mantua. Funding for the project is imminent and TxDOT has requested that the City
move forward with utility relocation. The City has a water line near Mantua that
conflicts with the planned road expansion and will need to be relocated. Projected
construction cost for the relocation is estimated to be $497,506 with the total
project cost estimated at $597,257. At this time, we believe that approximately
55% of the project may be eligible for TxDOT reimbursement.
The task order, if approved, would generally authorize design of the project and
additional services as the project progresses. Under the task order, basic services
is for the lump sum of $54,860 with additional services at $14,640 for a total not -to -
exceed amount of $69,500. Funding is available for design of the project within the
City's Capital Project Fund.
The utility relocation project supports the expansion of US 75 which is an
infrastructure goal in the City's adopted Strategic Plan.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKOFF,
HENDRICKS & CARTER, LLP FOR THE US 75 UTILITY RELOCATION
PROJECT — PHASE 2.
MOTION: Council Member Bryan moved to approve. Council Member Beazley
seconded. Motion carried 7-0.
13. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks &
Carter, LLP for the East-West Collector Road Project. (Joseph Johnson)
The East-West Collector Road Project is generally located near the northwest
corner of US 75 and FM 455. The proposed project would construct 24' of a
planned 37' roadway in 60' of right-of-way. The alignment extends west from the US
75 southbound service road through a large future commercial center with the
project's west terminus ending at a large future residential development.
The engineering task order provides for design services as well as certain other
ancillary services as needed in order to position the project for bidding and
construction. Basic Services for the project are for the lump sum amount of
$82,080 with Additional Services at $6,035 for a total not -to -exceed amount of
$88,115. Funds are available for the design of the project through collected
roadway impact fees.
The project aligns with the City's adopted Strategic Plan goals of pursuing targeted
economic development and building transportation infrastructure.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXEC UT I NG AN ENGINEERING SERVICE TASK ORDER WITH
BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE EAST -WEST
COLLECTOR ROAD PROJECT.
MOTION: Council Member Miller moved to approve. Council Member Bryan
seconded. Motion carried 7-0.
14. Consider/Discuss/Action regarding a Resolution authorizing the City
Manager to execute an engineering task order with Birkhoff, Hendricks &
Carter, LLP for the East-West Collector Water Line Project. (Joseph
Johnson)
The East-West Collector Water Line Project is generally located near the northwest
corner of US 75 and FM 455. If constructed, the proposed 12" water line would
connect to an existing water line on the east side of US 75 and would generally
align with the proposed East-West Collector Road Project on the west side of US
75. The project would extend a 12" water line through a future commercial center
with the west terminus of the project ending at a future large residential
development. The water line is part of a critical loop that is needed for the water
distribution system on the west side of US 75.
The engineering task order provides for design services as well as certain other
ancillary services as needed in order to position the project for bidding and
construction. Basic Services for the project are for the lump sum amount of
$52,100 with Additional Services at $2,530 for a total not -to -exceed amount of
$54,630. Funds are available for the design of the project through collected water
impact fees.
The project aligns with the City's adopted Strategic Plan goals of pursuing targeted
economic development and upgrading City infrastructure.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND
AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN
EXEC UT I NG AN ENGINEERING SERVICE TASK ORDER WITH
BIRKHOFF, HENDRICKS & CARTER, LLP FOR THE EAST -WEST
COLLECTOR WATERLINE PROJECT.
MOTION: Council Member Beazley moved to approved. Council Member
Martinez seconded. Motion carried 7-0.
15. Consider/Discuss/Action on an Ordinance amending the Alarm Fee
Structure. (Chief Caponera)
The current alarm ordinance was enacted in 2006. Since then, the city has
experienced significant growth. The added residential and commercial sites have
increased the number of alarm calls exponentially. The goal of amending the alarm
ordinance is to provide a more comprehensive and enforceable ordinance to help
reduce the number of false alarms that require a police and/or a fire response. Our
current ordinance does not account for multifamily dwellings and the fee structure
did not differentiate between residential and commercial alarm permits. The
amended ordinance cleans up the verbiage under several sections, restructures the
fee schedule to come into alignment with current standards, and adds a component
that allows citizens a process to dispute fees associated with suspension and
revocation of permits.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY
OF ANNA CODE OF ORDINANCES BY REPEALING AND REPLACING
PART II, ARTICLE 8, SECTIONS 17.01 THROUGH 17.21 AND PART IV,
SCHEDULE OF FEES, ARTICLE 5, SECTION 5; AMENDING ALARM
PERMIT AND ALARM RESPONSE FEES; PROVIDING FOR A PENALTY
FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
MOTION: Mayor Pike moved to approve. Council Member Beazley seconded.
Motion carried 7-0.
16. Consider/Discuss/Action on an Ordinance amending the FY 2018 annual
budget. (Dana Thornhill)
The proposed budget amendment includes the funding for the following purposes
and will be offset by an increase in revenues to the State Seizure Fund:
• Funds for the Police Department to purchase a crime reporting platform,
P3TI PS, which would allow citizens to communicate anonymous tips to police
personnel. In addition this also provide another outlet for communication and
cross communication of critical information - $1,000
• Funds to develop a social media platform and independent website to help
with recruitment - $2,500
• Funds to purchase wireless cradle points for patrol cars - $11,253
A summary of the proposed budget amendment is included as Exhibit A of the
attached Ordinance.
The total requested budget amendments are as follows:
State Seizure Fund Revenues - Increase in the amount of $20,985
State Seizure Fund Expenditures - Increase in the amount of $14,753
AN ORDINANCE AMENDING ORDINANCE NO. 752-2017 ADOPTING THE
BUDGET FOR THE 2017-2018 FISCAL YEAR; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
MOTION: Council Member Beazley moved to approve. Council Member Miller
seconded. Motion carried 7-0.
17. Consider/Discuss/Action appointing 2 Neighborhood Design Advisory
Committee members by Councilman Beazley and accepting other
resignations and appointments as necessary. (City Secretary)
Council Member Beazley appointed Gary Lyon and Jody Bills.
MOTION: Council Member Burr accepted Lora Johnson's resignation. Council
Member Bryan seconded. Motion carried 7-0.
18. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
b. 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; code enforcement
action (Tex. Gov't Code §551.071);
c. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City
Attorney Annual Review, City Manager
d. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); discuss lease of property held
by Economic Development Corporation; possible incentive agreements with
commercial property developers; pending negotiations on development
agreements.
19. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
20. Adjourn.
Mayor Pike adjourned the meeting at 10:48 p.m.
Approved on the April 24, 2018.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Review minutes of the Park Board meeting on March 19, 2018.(Maurice Schwanke)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Minutes
Upload Date Type
4/19/2018 Exhibit
MINUTES
ANNA PARK BOARD
MEETING
March 19, 2018
The Park Board of the City of Anna held a regular scheduled meeting on Monday,
March 19, 2018, at 7:00 p.m. at the Community Room of Anna City Hall Administration
Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Consider/Discuss/Action on recommendations for potential activities at Sherley Park.
The meeting was called to order at 7:06 p.m. Members present were Judith
Waldrop, Danna Ward and Stan Carver. Staff present was Maurice Schwanke and
Matt Lewis. Jody Bill, representative for Liberty Tax regarding the special event
request was present for meeting.
A motion was made by Judith Waldrop, seconded by Stan Carver to recommend
approval of the special event request. Motion passed
2. Discussion concerning Park Updates.
a. Johnson Park
b. Natural Springs Park
c. Slayter Creek Park
d. Other Parks as necessary
The above items were discussion only. No action was taken.
3. Park Minutes.
• January 22, 2018
• February 20, 2018 Special Meeting
A motion was made by Judith Waldrop, seconded by Stan Carver to approve Minutes of the
meetings listed above. Motion passed
4. Adjourn.
A motion was made by Judith Waldrop, seconded by Stan Carver to adjourn
meeting. The meeting adjourned at 8:35 p.m.
Maurice Schwanke
Director of Planning and Development
ATTEST:
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Review of minutes from the CDC meetings from January 11, 2018 and February 1, 2018.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
CDC Minutes 1-11-2018 4/18/2018 Backup Material
CDC Minutes 2-1-2018 4/18/2018 Backup Material
MINUTES OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, January 11, 2018
DEVEELL COPMIJU E
ENT
COF.PO RATIOI!
The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00'
p.m., on Thursday, January 11, 2018 at the Anna City Hall Administration Building, 111
North Powell Parkway (Hwy. 5), Anna, Texas.
Call to Order, Roll Call and Establishment of Quorum.
Alonzo Tutson, President, called the meeting to order at 5:04 p.m., and after roll call and
the establishment of a quorum, the following items were presented to the Directors for
their consideration.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Anthony
Richardson, James Gurski, and Doug Hermann.
Directors in Abstention: None
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, and Lauretta Blacketer, secretary.
2. Invocation and Pledge.
Brent Thomas gave the invocation and led the group in the Pledge of Allegiance.
3. Citizen Comments. None
4. Consider/Discuss/Action regarding approving a resolution that would allow the
CDC to quit claim deed property located at Natural Springs Park to the City of Anna
that is currently jointly owned by the City and the CDC.
Motion made by Doug Herman to approve a resolution that would allow the CDC to quit
claim deed property located at Natural Springs Park to the City of Anna that is currently
'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.
IMPORTANT l.EGAI. 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.
01-11-2018 Regular CDC Minutes.doc
jointly owned by the City and the CDC. Seconded by Brent Thomas. Motion passed by all.
5. Discussion regarding a resolution of support for a charter amendment regarding
residency restrictions of board members (Alonzo Tutson).
Alonzo Tutson requested discussion regarding a resolution of support for a charter
amendment regarding residency restrictions of board members.
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
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)
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
described by subdivision (1) (Tex. Gov't Code §551.087); Anna Business Park
property.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §651.074); Chief Ad-
ministrative Officer.
Brent Thomas made a motion to enter closed session. Connie Stump seconded the mo-
tion. The board moved into closed session at 5:52pm. After the board discussed the
business at hand, Anthony Richardson made a motion to return to open session. Doug
Hermann seconded the motion. All in favor. The board returned to open session at
6:32pm.
7. Consider/Discuss/Action regarding minutes from November 2, 2017 and December
7, 2017.
Brent Thomas made a motion to accept the minutes as written. Doug Hermann
seconded the motion. 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.
01-11-2018 Regular CDC Minutes.doc 2
8. Adjourn.
Doug Hermann made a motion to adjourn the meeting. James Gurski seconded the
motion and the meeting adjourned at 6:37 p.m.
APPROVED:
Alonzo utson
President of CDC
ATTESTED:
,,QQ��
— �d-t"�
�a4ureaBlacketer
Secretary of CDC
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.
01-11-2018 Regular CDC Minutes.doc
MINUTES OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
COMMUNITY
COR ORNiOP. Thursday, February 1, 2018
The Anna Community Development Corporation ("CDC') of the City of Anna met at 5:001 p.m., on
Thursday, February 1, 2018 at the Anna City Hall Administration Building, 111 North Powell Parkway
(Hwy. 5), Anna, Texas.
1. Call to Order, Roll Call and Establishment of Quorum.
Alonzo Tutson, President, called the meeting to order at 5:05 p.m. A quorum was declared
present and the floor was open for business.
Directors in attendance: Alonzo Tutson, Connie Stump, Anthony Richardson, and James
Gurski. Brent Thomas (joined the meeting at 5:48 pm)
Directors in Abstention: Doug Hermann
Others in attendance: Clark McCoy, legal counsel for CDC; Jessica Perkins Chief
Administrative Officer, and Lauretta Blacketer, Secretary.
2. Invocation and Pledge.
Connie Stump gave the invocation and led the group in the Pledge of Allegiance.
3. Citizen Comments.
Mayor Nate Pike thanked the board for their service.
4. Consider/Discuss/Action electing a Vice -President.
Connie Stump nominated Brent Thomas for Vice -President. James Gurski seconded the
nomination of Brent Thomas. There were no other nominations. Brent Thomas was elected as
Vice -President by a unanimous vote.
5. Consider/Discuss/Action regarding approving a resolution granting an underground
Easement and ROW to Oncor Wire.
Anthony Richardson made a motion to table items 5 and 6. Connie Stump seconded the
motion. Motion passed by all.
'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.
IMPORTANT LEGAL NO HCE: The Corporation may vote and/or act upon each of -the items listed in this agenda. 'rhe
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.
02-1-2018 Regular CDC Minutes.doc 1
6. Consider/Discuss/Action regarding approving a resolution granting an above ground
Easement and ROW to Oncor Wire.
This item was tabled with item 5.
7. Closed Session.
a. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex.
Gov't Code §561.072).
b. Consult with legal counsel on matters in which the duty of the attorney to the gov-
ernmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 661 of the Government Code (Tex.
Gov't Code §661.071)
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 described
by subdivision (1) (Tex. Gov't Code §551.087); Anna Business Park property.
Anthony Richardson made a motion to enter closed session. Jim Gurski seconded the motion.
All in favor. The board moved to closed session at 5:15pm. After the business at hand was
discussed, Connie Stump made a motion to return to open session. Anthony Richardson se-
conded the motion. All in favor. The board returned to open session at 5:47pm.
8. Consider/Discuss/Action regarding minutes from January 11, 2018.
Brent Thomas made a motion to accept the minutes as written. James Gurski seconded the
motion. Motion passed by all.
9. Adjourn.
Anthony Richardson made a motion to adjourn the meeting. Connie Stump seconded the
motion and the meeting adjourned at 6:52 p.m.
APPROVED: ATTESTED:
Cc1
onzo Jutso6 Lau tta Blacketer
Preside t of CDC Sec r tary of CDC
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.
02-1-2018 Regular CDC Minutes.doc
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Review minutes from the EDC meetings from January 11, 2018 and February 1, 2018.
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
EDC Minutes 1-11-2018 4/18/2018 Backup Material
EDC Minutes 2-1-2018 4/18/2018 Backup Material
MINUTES OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, January 11, 2018
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00 p.m.', on
Thursday, January 11, 2018, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order, Roll Call and Establishment of Quorum.
Connie Stump, President, called the meeting to order at 6:38 p.m. After roll call and a
declaration that a quorum was present, the floor was open for business.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump, Nate
Pike, Doug Hermann, Anthony Richardson, and James Gurski.
Directors in Abstention: none all present
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins, Chief Administrative Officer and Lauretta Blacketer, secretary.
2. Citizen Comments. None
3. Consider/Discuss/Action regarding adopting a resolution authorizing a
professional services agreement with the City of Anna Parks Department for
mowing and landscape services for property at 312 North Powell Parkway.
Motion made by Anthony Richardson to approve. The motion was seconded by Brent
Thomas. Motion passed.
4. CLOSED SESSION (EXCEPTIONS)
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).
C. Discuss or deliberate Economic Development Negotiations:
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 Community Development Corporation.
IMPORANT LI"GAL NOTICE: The Corporation may vote and/or act upon each ofthc items listed in this agenda. The Corporation
reserves the right to retire into executive session conccming any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and 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.
1-11-2018 Reg EDC Meeting — Page 1
(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 §561.087); Anna
Business Park.
Alonzo Tutson made a motion to enter closed session. Jim Gurski seconded the motion.
All in favor. The board enter closed session at 6:54pm. After the business at hand was
discussed, Alonzo Tutson made a motion to return to open session. Jim Gurski seconded
the motion. All in favor. The board returned to open session at 7:23pm
5. Consider/Discuss/Action adopting the minutes from November 2, 2017 and
December 7, 2017 meetings.
Alonzo Tutson made a motion to adopt the minutes as written. Brent Thomas seconded
the motion. Motion passed.
6. Adjourn.
Brent Thomas made a motion to adjourn the meeting. Alonzo Tutson seconded the motion
and the meeting adjourned at 7:23 p.m.
APPROVED:
�i
Constance Ann Stump
President of EDC
ATTESTED:
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 Community Development Corporation.
IMPORANT 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 Open Meetings Act. Disabled person who want to attend the meeting and 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.
01-11-2018 Reg EDC Meeting — Page 2
MINUTES OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, February 1, 2018
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 5:00
p.m.', on Thursday, February 1, 2018, at the Anna City Hall Administration Building,
111 North Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order, Roll Call and Establishment of Quorum.
Connie Stump, President, called the meeting to order at 5:52 p.m. After roll call and a
declaration that a quorum was present, the floor was open for business.
Directors in attendance: Alonzo Tutson, Brent Thomas, Connie Stump,
Anthony Richardson, and James Gurski.
Directors in Abstention: Doug Hermann
Staff in attendance: Clark McCoy, legal counsel for the CDC and EDC boards;
Jessica Perkins, Chief Administrative Officer and Lauretta Blacketer, Secretary.
2. Citizen Comments. None
3. Consider/Discuss/Action regarding approving a resolution granting an
underground Easement and ROW to Oncor Wire.
Motion made by Alonzo Tutson to table items 3 and 4. The motion was seconded by
James Gurski. Motion passed.
4. Consider/Discuss/Action regarding approving a resolution granting an above
ground Easement and ROW to Oncor Wire.
This item was tabled as per above.
5. Discussion regarding Landscape Architect Proposals for the median and entry
feature for the Anna Business Park.
Jessica Perkins reviewed the proposals received. The board indicated that they wanted
to move forward with Belle Firma.
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 alter the conclusion ofthe
meeting of the Anna Community Development Corporation.
IMPORANT LEGAL NOTICE: 'I lie Corporation may vote and/or act upon each ()]'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 Open Meetings Act. Disabled person who want to attend the meeting and 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.
02-1-2018 Reg EDC Meeting — Page 1
6. CLOSED SESSION (EXCEPTIONS) NOTHING FOR 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).
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
described by subdivision (1) (Tex. Gov't Code §551.087); Anna Business Park.
Skipped.
Consider/Discuss/Action approving the minutes from January 11, 2018 meeting.
Alonzo Tutson made a motion to table the minutes as written. Anthony Richardson
seconded the motion. Motion passed by all.
8. Adjourn.
Brent Thomas made a motion to adjourn the meeting. James Gurski seconded the motion
and the meeting adjourned at 6:22 p.m.
APPROVED:
Conka'nce�n�tump
President of EDC
ATTESTED:
' NOTICE REGARDING MEETING TIME: In the event that theAnna Economic Development Corporation meets at the same
time and place scheduled for this meeting, then this meeting will be delayed and will begin immediately alter the conclusion of the
meeting of the Anna Community Development Corporation.
IMPORANT LEGALNO'PICE: 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 tinder the Open Meetings Act. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 Nvo working days prior to the meeting so that appropriate
arrangements can be made.
02-1-2018 Reg EDC Meeting — Page 2
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Consider/Discuss/Act on a Resolution appointing a member to the Greater
Texoma Utility Association Board of Directors. (City Council)
SUMMARY:
Mr. Ty Chapman appointed to the Board of Director's is stepping down from the Council will need
to fill the vacancy created. The term will be for one-year expiring in December 2018.
The qualifications for the position are as follows:
(1) the person may not be a Director if he or she is an officer, employee, or member of the
governing body of a municipal corporation, and
(2) each Director shall be a qualified Elector of the city that nominates him or her.
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution 4/20/2018 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE
GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS
WHEREAS, the City of Anna, Texas (the "City") is a member of the Greater Texoma Utility
Authority ("GTUA" or the "Authority"); and,
WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the
Texas constitution and operates under Chapter 49 of the Texas Water Code; and,
WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and,
WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna,
Texas (the "City Council"); and,
WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end of
2018.
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. Appointment to the GTUA Board of Directors.
The City Council hereby appoints
serve a one-year term in Place 8 on the GTUA Board of Directors.
to fill a vacancy and
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of
January 2018.
ATTEST: APPROVED:
City Secretary Carrie L. Smith
Resolution No.
Mayor Nate Pike
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 7.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Consider/Discuss/Action on a resolution approving a land trade for land on the new city hall site for
the existing city hall site.(Maurice Schwanke)
SUMMARY:
As part of the City Hall project the City is securing land currently owned by Jonic Investments,
LLC, a Texas limited liability company by trading for the land currently occupied by City Hall with
the difference in value being a cash transaction. As part of the sale agreement the City will be
have a leaseback provision and wherein the cash payment is being reduced by $20,265 which
represents three years of interest compounded annually on the sale amount difference of
$315,000 at the rate of 2.1 %.
The following item on the agenda is the leaseback agreement wherein the rent for the leaseback
of the current City Hall facility is $10 Annually. The rent will increase to $1,000 per month after
January 1, 2021.
STAFF RECOMMENDATION:
Approve the resolution approving the land trade with Jonic Investments, LLC, a Texas limited
liability Company.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving Land Trade 4/19/2018 Resolution
Contract for sale and leaseback 4/19/2018 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A LAND
EXCHANGE FOR PROPERTY OWNED BY JONIC INVESTMENTS, LLC, A TEXAS
LIMITED LIABILITY COMPANY FOR PROPERTY CURRENTLY USED AS CITY
HALL FOR THE CITY OF ANNA.
WHEREAS, the City Council of the City of Anna, Texas ("City Council'), has found that
the property owned by Jonic Investments, LLC, a Texas limited liability company is
needed for the city hall project; and,
WHEREAS, Jonic Investments, LLC, a Texas limited liability company is willing to
trade land owned for property currently owned by the City of Anna that is currently
being used as city hall; and
WHEREAS, Jonic Investments, LLC, a Texas limited liability company is willing to
leaseback city hall to the City until the new proposed city hall is constructed; and
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 to convey property and execute agreement.
The City Council hereby approves the conveyance and granting of fee simple title to
Jonic Investments, LLC, a Texas limited liability company by warranty deed in exchange
for the conveyance and granting to the City by Jonic Investments, LLC, a Texas limited
liability company by warranty deed and the City Council further hereby authorizes,
approves, and ratifies the City's duly authorized agents, including the Mayor or City
Manager, to execute or to have executed all required instruments to accomplish the land
exchange identified in this resolution.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
24t" day of April 2018.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY
This Contract for Sale and Leaseback of Real Property (this "Agreement") is made on the day of
, 2018 by Jonic Investments, LLC, a Texas limited liability company located at 219 East White
Street, Anna, Texas 75409 ("Jonic"), and the City of Anna, Texas, a home -rule municipality located at 111 N. Powell
Parkway, Anna, Texas 75409 (the "City").
Recitals
Jonic is the owner of real property located in the Anna Original Donation, Collin County, and includes Lots 1, 2, 3, 4,
5 & 6 of Block 3 of said Donation and a portion of formally abutting abandoned 6t' Street (collectively, the "Jonic
Property"), which is more particularly described as follows in the Jonic Survey referenced in Section III of this
Agreement.
Jonic desires to sell and Purchaser desires to purchase the Jonic Property in fee simple on the terms stated below, with
conveyance to be made by general warranty deed.
The City is the owner of real property located at I I I N. Powell St., Anna, Collin County, Texas (the "City Property"),
which is more particularly described in the City Survey referenced in Section III of this Agreement.
The City desires to sell and Jonic desires to purchase the City Property in fee simple on the terms stated below, with
conveyance to be made by general warranty deed.
The City and Jonic desire that the City lease and occupy the City Property (the "Leaseback") for a certain period of
time after Jonic purchases the City Property on the terms stated below.
During the term of the Leaseback, the City intends to construct municipal facilities (the "City Improvements") on the
Jonic Property and move to and occupy said facilities before termination of the Leaseback.
Jonic is prepared to allow for a nominal lease rate during the term of the Leaseback provided that the City allow the
price of the City Property to be reduced by an amount that represents a 2.1% interest rate compounded annually for
three years as set forth in Section I of this Agreement.
The effective date of this Agreement is the date first stated above (the "Effective Date").
Therefore, Purchaser and Seller contract as follows:
Section I.
Purchase Price
The purchase price of the Jonic Property is $102,978 (the "Jonic Price").
The purchase price of the City Property is $294,735, which is the agreed upon market value of $315,000 minus
$20,265, which represents three years of interest compounded annually on the amount of $315,000 at the rate of 2.1 %
(the "City Price").
Section II.
Terms of Payment
On the execution of this Agreement, the City or Jonic may deliver a copy of same to Red River Title, at 805 W. White
St. Ste 300, Anna, Collin County, Texas (the "Title Company").
At closing, Jonic will pay the City Price to the City with the passing of title of the City Property to Jonic as specified
in this Agreement.
At closing, the City will pay the Jonic Price to Jonic with the passing of title of the Jonic Property to the City as
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 1
specified in this Agreement.
The payments referenced above must be in the form of a certified, cashier's, or official bank check.
Section III.
Surveys
Not later than 30 days after the execution of this Agreement, Jonic will, at is sole cost, furnish the City and the Title
Company with an updated survey of the Jonic Property.
Not later than 30 days after the execution of this Agreement, the City, at its sole cost, will furnish Jonic and the Title
Company with an updated survey of the City Property.
The surveys referenced in this section shall be current on -the -ground surveys that substantially comply with the
requirements of a Category 1 A, Condition I or II (as applicable) survey in the Manual of Practice for Land Surveying
in the State of Texas promulgated by the Texas Board of Professional Land Surveying, as amended, and shall be
adequate to enable the Title Company to delete the survey exception in the Title Policy (except for "shortages in
area").
Section IV.
Titles and Title Investigation
Title Commitments. Within 15 days of receipt of the Jonic Survey and the City Survey, the title officer shall have
examined the abstracts covering the Jonic Property and the City Property and shall have furnished: (1) Jonic with a
Title Commitment for title to the City Property and legible copies of the instruments referenced in said Title
Commitment (collectively, the "Jonic Commitment"); and (2) the City with a Title Commitment for title to the City
Property and legible copies of the instruments referenced in said Title Commitment (collectively, the "City
Commitment"). "Title Commitment" means a Commitment for Issuance of an Title Policy, stating the condition of
title to the Property. The "effective date" stated in the Title Commitment must be after the Effective Date of this
Agreement. "Title Policy" means an Owner Policy of Title Insurance issued by Title Company, in conformity with
the last Title Commitment delivered to and approved by the respective parties to this Agreement. Jonic shall pay all
costs associated with any Title Company issued to Jonic under this Agreement. The City shall pay all costs associated
with any Title Company issued to the City under this Agreement.
Title Objections, Jonic. Within 15 days of the date that Jonic receives the Jonic Commitment ("Title Objection
Deadline") Jonic shall have reviewed the Jonic Commitment and the City Survey and notify the City and Title
Company of its objections to any of them ("Title Objections"). Jonic will be deemed to have approved all matters
reflected by the Jonic Commitment to which Jonic has made no Jonic Title Objection by the Title Objection Deadline.
The matters that Jonic either approves or is deemed to have approved are "Permitted Exceptions." If Jonic notifies the
City of any Title Objections, the City has fifteen (15) days from receipt of Jonic's notice to notify Jonic whether the
City agrees to cure the Title Objections before closing ("Cure Notice"). If the City does not timely give its Cure Notice
or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Jonic may, within
five days after the deadline for the giving of the City's Cure Notice, notify the City that either this Agreement is
terminated or Jonic will proceed to close, subject to the City's obligations to resolve the items that are listed on
Schedule C of the Jonic Commitment which are the City's responsibility to resolve, remove all such liens, remove all
exceptions that arise by, through, or under the City after the Effective Date of this Agreement, and cure the Title
Objections that the City has agreed to cure.
Title Objections, the City. Within 15 days of the date that the City receives the City Commitment ("Title Objection
Deadline") the City shall have reviewed the City Commitment and City Survey and notify Jonic and Title Company
of its objections to any of them ("City Title Objections"). The City will be deemed to have approved all matters
reflected by the City Commitment to which the City has made no Title Objection by the Title Objection Deadline.
The matters that the City either approves or is deemed to have approved are "Permitted Exceptions." If the City notifies
Jonic of any Title Objections, Jonic has fifteen (15) days from receipt of the Title Objections to notify the City whether
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 2
Jonic agrees to cure the Title Objections before closing ("Cure Notice"). If the City does not timely give its Cure
Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, the City may,
within five days after the deadline for the giving of the City's Cure Notice, notify Jonic that either this Agreement is
terminated or the City will proceed to close, subject to Jonic's obligations to resolve the items that are listed on
Schedule C of the City Commitment which are Jonic's responsibility to resolve, remove all such liens, remove all
exceptions that arise by, through, or under Jonic after the Effective Date of this Agreement, and cure the Title
Objections that Jonic has agreed to cure.
Section V.
Leaseback
Simultaneously with the close and transfer of title of the Jonic Property to the City and the City Property to Jonic,
Jonic and the City shall execute and deliver the Leaseback of the City Property with Jonic as lessor and the City as
lessee, in the form and content set forth in Exhibit A attached to this Agreement. The parties agree that the Leaseback
constitutes a necessary element of the consideration for this Agreement and is a condition precedent for the transfer
of title of the City Property to Jonic under this Agreement. The Leaseback shall terminate on or before the earlier of:
(1) the date that the City provides written termination notice confirming that it no longer occupies the City Property;
or (2) January 1, 2021.
Section VI.
Closing of Title
The sale is to be closed on or before the earlier of: (1) 30 days after date of the City's delivery of a notice to proceed
to the construction contractor that is selected to perform construction of the City Improvements on the Jonic Property;
or (2) January 1, 2019. Said notice to proceed shall specifically prohibit any construction to commence for at least 30
days after the date of said notice to proceed. Under no circumstances shall the City begin construction of the City
Improvements on the Jonic Property until transfer of title of the Jonic Property to the City has occurred. Jonic, at
Jonic's sole discretion, may provide a written waiver to the City allowing said construction to begin in advance of
closing.
Section VII.
Miscellaneous
1. Notices. Any notice required by or permitted under this Agreement must be in writing. Any notice
required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with
the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein.
To the City:
City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Jonic:
Jonic Investments, LLC
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 3
219 East White Street
Anna, Texas 75409
2. Entire Contract. This Agreement, together with its exhibits, and any documents required to be
delivered at closing constitute the entire agreement of the parties concerning the purchase and sale of the Jonic
Property and the sale, purchase, and Leaseback of the City Property. There are no oral representations, warranties,
agreements, or promises pertaining to the subject of this Agreement not incorporated in writing in this Agreement.
3. Amendment. This Agreement may be amended only by an instrument in writing signed by the
parties.
4. Assignment. This Agreement shall not be assigned by either party without the other parties written
consent for assignment to a specific buyer.
5. Survival. The obligations of this Agreement that cannot be performed before termination of this
Agreement or before closing will survive termination of this Agreement or closing, and the legal doctrine of merger
will not apply to these matters.
6. Choice of Law; Venue; Alternative Dispute Resolution. This Agreement will be construed under
the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Collin County,
Texas. Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing
a suit concerning this Agreement. The parties shall not under any circumstances be required to submit any dispute to
arbitration.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare
immediately a default or delays taking any action with respect to the default.
8. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement.
9. Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction
finds that any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without
the unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of
construction that ambiguities in a document will be construed against the party who drafted it will not be applied in
interpreting this Agreement.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and
they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this Agreement is executed in multiple counterparts, all counterparts taken
together will constitute this Agreement.
13. Confidentiality. The parties will keep confidential this Agreement, this transaction, and all
information learned in the course of this transaction, except to the extent disclosure is required by law or court order
or to enable third parties to advise or assist Buyer to investigate title or either party to close this transaction.
14 Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Agreement, or
brought relating to the transaction contemplated by this Agreement, will be entitled to recover, from the non -prevailing
party, court costs, reasonable attorneys' fees and all other reasonable related expenses.
15. Contract as Offer. The execution of this Agreement by the first party to do so constitutes an offer
to purchase or sell the Property. If the other party does not accept that offer by signing this Agreement and delivering
a fully executed copy to the first party within ten (10) days after the date this Agreement is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 4
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
In witness of their agreement, the parties have executed this Agreement on the date(s) shown below.
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 5
THE CITY OF ANNA, TEXAS
By:
Printed Name:
Title:
Date:
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2018, personally appeared
known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same in his capacity as and on
behalf of
Notary Public, State of Texas
JONIC INVESTMENTS, LLC
Jon Hendricks, its Managing Member
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2018, personally appeared Jon
Hendricks known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same in his capacity as Managing Member and on behalf of Jonic
Investments, LLC.
Notary Public, State of Texas
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $0.00
copy of this Agreement executed by both Buyer and Seller.
[name of title company]
BY:
Printed Name:
Title:
Date: .2018.
and a
CONTRACT FOR SALE AND LEASEBACK OF REAL PROPERTY PAGE 6
THE CITY OF
AiAtia
AGENDA ITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 4/24/2018
Consider/Discuss/Action on a leaseback agreement for existing city hall. (Maurice Schwanke)
SUMMARY:
After a proposed land exchange with Jonic Investments the City will still need to occupy the
current city hall facilities until the new city hall is constructed. As such, Jonic Investments has
agreed to leaseback the facilities at a very favorable rate of $10 per year until January 1, 2021 at
which time the rate will change to $1,000 per month until the City vacates the premises to occupy
the new City Hall.
STAFF RECOMMENDATION:
Approve a resolution authorizing the City to execute a leaseback agreement with Jonic
Investments, LLC, a Texas limited liability company.
ATTACHMENTS:
Description Upload Date Type
Resolution Approving a Leaseback Agreement 4/19/2018 Resolution
Lease agreement 4/19/2018 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A LEASEBACK OF
PROPERTY OWNED BY JONIC INVESTMENTS, LLC, A TEXAS LIMITED
LIABILITY COMPANY FOR USE AS CITY HALL FOR THE CITY OF ANNA.
WHEREAS, the City Council of the City of Anna, Texas ("City Council'), has found that
the property owned by Jonic Investments, LLC, a Texas limited liability company is
needed for the city hall project; and,
WHEREAS, Jonic Investments, LLC, a Texas limited liability company is willing to
trade land owned for property currently owned by the City of Anna that is currently
being used as city hall; and
WHEREAS, Jonic Investments, LLC, a Texas limited liability company is willing to
leaseback city hall to the City until the new proposed city hall is constructed; and
WHERAS, the leaseback agreement will be for $10 per year until January 1, 2021
and $1,000 per month thereafter.
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 to leaseback property and execute agreement.
The City Council hereby approves the leaseback agreement and the City Council further
hereby authorizes, approves, and ratifies the City's duly authorized agents, including the
Mayor or City Manager, to execute or to have executed all required instruments to
accomplish the leaseback agreement identified in this resolution.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
24t" day of April 2018.
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
EXHIBIT A
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease") is entered into by and between Jonic Investments, LLC, a
Texas limited liability company ("Landlord") and the City of Anna, a Texas home -rule municipality ("Tenant"). For
valuable consideration the parties agree and act as follows:
1. Definitions. The following terms have the meanings set forth below:
(a) Effective Date. The effective date of this Lease is
(b) Leased Premises. The exclusive use of a square foot building and related improvements, the
approximately acre tract of land upon which said building and improvements are situated and the parking lot
thereon (collectively, the "Premises") located in the City of Anna, Collin County, Texas, said tract of land being
described in Exhibit 1 attached hereto, together with any and all appurtenances, easements and privileges pertaining
to the Premises.
(c) Lease Term. The lease term shall begin upon conveyance of the Premises from Tenant to Landlord
under that certain Contract for Sale and Leaseback of Real Property ("Conveyance Agreement"). The lease term
shall expire on the earlier of (1) the date that the City provides written termination notice confirming that it no
longer occupies the City Property; or (2) January 1, 2021. The City may exercise the right to continue to extend this
Lease after January 1, 2021 on a month -to -month basis with 30 days' notice of termination at the rate set forth in
Section 3.(a)(2), below.
(d) Permitees. All officials, officers, directors, employees, agents, contractors, customers, visitors and
invitees of Tenant at the Leased Premises.
(e) Permitted Exceptions. The conditions, restrictions, easements and encumbrances, if any, affecting
title to the Leased Premises set forth in the owner's title of policy insurance obtained by Landlord pursuant to the
Conveyance Agreement.
(f) City Council. The City Council of the City of Anna, Texas.
2. Demise, Term.
(a) Demise and Grant of Leased Premises. Landlord hereby leases to Tenant and Tenant accepts from
Landlord under the terms, provisions and conditions of this Lease the Leased Premises commencing on the Effective
Date hereof and continuing until the expiration or earlier termination of the Term as hereinafter provided.
(b) Term. The term of the Lease is as set forth in L(c), above.
(c) Improvements. Any and all structures and other improvements existing on the Leased Premises at
the beginning of the Term or thereafter installed or constructed.
(d) Quiet Enjoyment. Upon Tenant's payment of all rent hereunder as same becomes due and
observance and performance of the covenants, terms and conditions to be observed and performed by Tenant
pursuant to this Lease, Tenant shall have throughout the Term, peaceful, quiet and undisturbed use and possession of
the Leased Premises and all rights and privileges appertaining thereto, subject to the terms, conditions and
provisions of this Lease.
(e) Landlord's Title, Subordination. Landlord covenants, represents and warrants to Tenant as follows:
(1) Title. Landlord hereby represents and warrants that it owns good and indefeasible fee simple
title in and to the Leased Premises, subject only to the Permitted Exceptions, and has full right and authority to make
this Lease.
(2) No Actions. There are no actions, suits or proceedings pending or to the best of Landlord's
knowledge, threatened against Landlord and affecting any portion of the Leased Premises, at law or in equity, or
before any federal, state, municipal or other governmental court, department, commission, board, bureau, agency or
instrumentality, domestic or foreign.
(3) Authority. The execution and consummation of this Lease by Landlord has been duly
authorized and does not result in a breach of any of the terms or provisions of, or constitute a default under, any
indenture, agreement, instrument or obligation to which Landlord is a party or by which the Leased Premises or any
portion thereof is bound. However, notwithstanding the foregoing or any term or provision of this Lease, and all
rights and obligations of Landlord and Tenant hereunder are subject to and shall not be effective unless and until
there has been formal approval by the City Council of this Lease at a duly noticed public meeting.
(f) Condition of Leased Premises. TENANT UNDERSTANDS AND ACKNOWLEDGES ITS
ACCEPTANCE OF THE LEASED PREMISES IS WITHOUT RECOURSE, REPRESENTATION OR
WARRANTY (EXCEPT AS SPECIFICALLY SET OUT HEREIN) OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY AND LANDLORD IS LEASING THE LEASED PREMISES AS IS, WHERE IS, AND WITH ALL
FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH LANDLORD HEREBY
DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN,
QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH
SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND
REGULATIONS. TENANT HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT
LANDLORD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR
OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY,
CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE
LEASED PREMISES. TENANT ACKNOWLEDGES THAT TENANT HAS INSPECTED THE LEASED
PREMISES AND ACCEPTS THE LEASED PREMISES "AS IS," "WHERE IS" AND "WITH ALL FAULTS."
3. Rent and Taxes. Tenant shall pay Landlord the following amounts:
(a) Rent.
(1) Tenant shall pay to Landlord as rent ("Rent") for the Leased Premises a single lump sum
payment of $10 annually, the receipt and sufficiency of which is hereby acknowledged.
(2) If the lease term is extended after January 1, 2021, the Rent shall increase to $1,000 per
month due on the fifth day of each month beginning January 5, 2021.
(b) Taxes. Tenant shall be liable to timely pay or reimburse Landlord for any taxes that may become due
during the Term on a pro rata basis calculated as a percentage of the tax liability for the number of days in the
applicable tax year during which Tenant occupies the Property under this Lease. Either Landlord or Tenant may
dispute taxation or
4. Improvements, Signs, Additions and Repairs.
(a) Delivery of Leased Premises. Landlord shall deliver exclusive possession of the Leased Premises to
Tenant upon the beginning of the Term, subject only to the provisions and terms of this Lease and the Permitted
Exceptions.
(b) Alterations and Improvements. With the exception of signs erected in conformance with applicable
laws and ordinances, and construction of Improvements as approved in writing by Landlord and, if required under
City ordinance(s) or the City Council, set forth on one or more site plans submitted to and formally approved by the
City Council during a duly posted meeting, and constructed in accordance with construction plans submitted to and
approved in writing by the City or City staff, Tenant may not at any time construct, alter, change, and/or demolish
any signs or Improvements now or hereafter situated on the Leased Premises. If any such construction by Tenant is
at any time approved:
LEASE AGREEMENT PAGE 2
(1) All such work shall be performed in a good and workmanlike manner, in accordance with
accepted standards of engineering and architecture, if applicable, and in accordance with local, state and federal law,
including but not limited to the Americans with Disabilities Act;
(2) Such construction, alteration, additions, changes or demolishment shall be in compliance
with all applicable building codes, zoning, rules, regulations and ordinances affecting construction of such
alterations, additions, and changes and shall be commenced only after Tenant has been duly granted all applicable
permits for same; and
(c) No Mechanic's Liens. Tenant shall not permit any mechanic's or materialman's liens to be filed
against Landlord's interest in the Leased Premises arising out of the Tenant Improvements (unless the same are fully
bonded so as to cause same to be removed in accordance with applicable law), and Tenant shall indemnify, defend
(using counsel acceptable to Landlord in its reasonable discretion), and hold harmless Landlord from and against
any costs, liability or expense, including attorneys fees, attributable to any such liens. Tenant's obligations under
this paragraph 4(c) shall expressly survive the expiration or earlier termination of this Lease.
(d) Environmental. Tenant will conduct its business in a lawful manner and will not make or permit any
unlawful use of the Leased Premises. Tenant will, at its own expense, promptly comply with all laws, regulations,
and ordinances affecting the Leased Premises and the cleanliness, safety, occupancy, and use thereof. TENANT
SHALL INDEMNIFY, DEFEND (USING COUNSEL ACCEPTABLE TO LANDLORD IN ITS REASONABLE
DISCRETION) AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY COST, LIABILITY OR
EXPENSE ARISING OUT OF OR ATTRIBUTABLE TO ANY CLAIMS, DEMANDS, CAUSES OF ACTION,
FINES, PENALTIES, LIABILITY OR EXPENSES (INCLUDING ATTORNEY FEES AND COURT COSTS)
ARISING OUT OF OR RELATED TO THE EXISTENCE, REMOVAL OR DISPOSAL OF ANY TOXIC OR
HAZARDOUS SUBSTANCES OR MATERIALS WITHIN OR UPON THE LEASED PREMISES CAUSED BY
TENANT, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES DURING THE TERM OF THIS LEASE
FOLLOWING THE EFFECTIVE DATE. FOR PURPOSES HEREOF, THE PHRASE "TOXIC OR HAZARDOUS
SUBSTANCES OR MATERIALS" SHALL INCLUDE ITEMS COVERED BY THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980,42 U.S.C. §§9601-
75(1986), AS AMENDED BY THE SUPERFUND AMENDMENT AND REAUTHORIZATION ACT, PUB. L.
NO. 99-499, 100 STAT. 1613 (1986) ("CERCLA"), THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C.
§2601 ET SEQ., THE CLEAN WATER ACT, 33 U.S.C. §1251 ET SEQ., THE SAFE DRINKING WATER ACT,
42 U.S.C. §§300(f)-3000), AND OTHER FEDERAL, STATE AND LOCAL LAWS NOW OR HEREAFTER IN
EFFECT GOVERNING THE EXISTENCE, REMOVAL OR DISPOSAL OF TOXIC OR HAZARDOUS
SUBSTANCES OR MATERIALS. Tenant's obligations under this paragraph 4(d) shall expressly survive the
expiration or earlier termination of this Lease.
(e) Repairs. Tenant shall, at its sole cost and expense, perform all repairs and preventative maintenance
necessary to maintain the Leased Premises in good condition and repair, ordinary wear and tear excepted, and keep
the Leased Premises in compliance with applicable law throughout the Term. The foregoing shall not in any way
impair or limit Tenant's right to make alterations or additions to the Leased Premises as set forth in paragraph 4(b)
above. Tenant's obligations under this paragraph 4(e) shall expressly survive the expiration or earlier termination of
this Lease.
(f) Tenant's Fixtures. Tenant may install in or upon the Leased Premises such trade fixtures and
equipment as Tenant deems desirable, provided that Tenant does so in accordance with a written plan demonstrating
the size and configuration of such fixtures and equipment upon the Leased Premises. All of said items shall remain
Tenant's property whether or not affixed or attached to the Leased Premises. Tenant may remove such items from
the Leased Premises at any time during the Term. Nothing contained in this paragraph 4(fl shall diminish Tenant's
obligations to maintain the Leased Premises pursuant to paragraph 4(e).
(g) Platting, Site Plans, Approvals. Landlord and Tenant acknowledge that it may be necessary, from
time -to -time, for Landlord or Tenant to seek governmental approvals with respect to platting, zoning, site plans,
permitting and/or obtaining other permits in connection with its use and occupancy of the Leased Premises for the
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uses permitted hereby (collectively, "Approvals"). Landlord agrees to reasonably cooperate with Tenant with respect
to its obtaining the Approvals and to execute such documents as may be required of the owner of fee title to the
Leased Premises in order for Tenant to obtain the Approvals, provided that Landlord shall not incur any costs or
liabilities in connection therewith, and Landlord does not guarantee or make any representations with regard to
Tenant's ability to actually obtain the Approvals. Tenant expressly understands and agrees that approval by the City
Council of this Lease does not constitute the City Council's granting of an Approval and does not bind the City
Council to grant or approve any other Approvals.
5. Utilities. Tenant shall at its own expense arrange with the appropriate utility suppliers for services to the
Leased Premises, pay all connection, meter and service charges and deposits required to connect utilities to the
Leased Premises, and pay such utility suppliers directly for such services. Landlord shall not pay any sum in
connection with utility installation or service on the Leased Premises.
6. Use, Transfers, or Assignments.
(a) Tenant's Use. Except as prohibited or restricted by the Permitted Exceptions, Tenant may use the
Leased Premises for any lawful purpose, provided that such purpose is in conformity with all applicable site plans,
zoning, and Approvals, and other restrictions set forth in this Lease and which may otherwise apply to the Leased
Premises.
(b) Assignment, Subletting. Tenant shall not assign all or any part of this Lease or sublet all or any part
of the Leased Premises without Landlord's written consent. In the case of any assignment or sublease permitted by
Landlord, Tenant shall not be released from liability.
7. Indemnification, Insurance.
(a) Indemnification. IN ADDITION TO ANY OTHER PROVISIONS OF THIS LEASE, TENANT
SHALL INDEMNIFY, HOLD HARMLESS, AND, AT LANDLORD'S OPTION, DEFEND (USING COUNSEL
ACCEPTABLE TO LANDLORD IN ITS REASONABLE DISCRETION) LANDLORD AND ITS OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM
AND AGAINST ANY AND ALL LIABILITY, LIENS, CLAIMS, DEMANDS, DAMAGES, EXPENSES, FEES,
COSTS, REASONABLE ATTORNEY FEES AND LITIGATION COSTS, FINES, PENALTIES, SUITS,
PROCEEDINGS, ACTIONS AND CAUSES OF ACTION OF ANY AND EVERY KIND AND NATURE
ARISING OUT OF TENANT'S USE, OCCUPANCY, CONSTRUCTION, MANAGEMENT OR CONTROL OF
THE LEASED PREMISES, IMPROVEMENTS OR TENANT'S OPERATIONS, CONDUCT OR ACTIVITIES,
UNLESS AND TO THE EXTENT THE SAME IS DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR
INTENTIONAL ACTS OR OMISSIONS OF LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS.
TENANT'S OBLIGATIONS UNDER THIS PARAGRAPH 7(a) SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THE LEASE TERM.
(b) Tenant's Insurance. Tenant shall, at its expense, obtain comprehensive general liability insurance or
risk pool coverage against all claims on account of bodily injury, personal injury or property damage, for which
Tenant may, as a result of its operations or other use of the Leased Premises, become liable, with limits of not less
than the statutory maximum liability of Tenant.
(c) Workers Compensation. Tenant shall maintain workers compensation or similar insurance affording
not less than Texas statutory coverage minimums and providing not less than statutory limits or benefits for all
employees of Tenant employed at the Leased Premises.
(d) Scope. The insurance or risk pool policies or duly executed certificates thereof, together with
satisfactory evidence that the premium has been paid, shall be provided to Landlord on or before the Effective Date
of this Lease; and, thereafter, evidence of continuing insurance and premium payment shall be delivered to Landlord
not less than 30 days prior to the expiration of each policy required to be in force hereunder. If Tenant fails to
maintain the required insurance or to deliver evidence of same this Lease will continue in full force and effect;
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provided, however, that Landlord may, but shall not be obligated to, obtain such insurance and be reimbursed by
Tenant upon demand.
(e) Waiver of Subro ae tion. Landlord shall not be liable by way of subrogation or otherwise to Tenant or
to any insurance company insuring Tenant for any loss or damage to any of the property of the Landlord or Tenant
covered by insurance even though such loss or damage might have been occasioned by the negligence of (1)
Landlord or its officers, directors, employees, agents, contractors, customers, or visitors and invitees of Landlord at
the Leased Premises; or (2) Tenant or its Permitees. This waiver shall be in effect only so long as the applicable
insurance or risk pool policies shall contain a clause or endorsement to the effect that the waiver shall not affect the
right of the insured to recover under such policies. Tenant shall use its best efforts, including payment of any
additional premium, to have its insurance policies contain the standard waiver of subrogation clause. In the event
Tenant's insurance carrier declines to include in such carrier's policies a standard waiver of subrogation clause,
Tenant shall promptly notify Landlord.
8. Destruction, Condemnation.
(a) Destruction.
(1) Cancellation. If any portion of the Improvements situated on the Leased Premises shall be
damaged or destroyed, this Lease shall continue in full force and effect and shall not be affected thereby.
(2) Restoration. In the event of unintended damage or destruction, Tenant shall remove any
debris and cause the Leased Premises to be repaired or restored as Tenant may deem necessary or desirable, but in
any event the Leased Premises shall be repaired or restored to a safe and sightly condition in compliance with all
applicable laws.
(3) Insurance Proceeds. All of Tenant's insurance proceeds payable with respect to damage or
destruction of the improvements situated on the Leased Premises shall be retained by and be the property of Tenant.
(b) Condemnation.
(1) Taking of Parking or Access. In the event of a taking by the power of eminent domain or
conveyance in lieu thereof ("Taking") of the whole or any part of the Leased Premises, this Lease shall terminate as
to the portion so taken but shall remain in full force and effect as to the balance of the Leased Premises.
(2) Awards. All compensation awarded for any Taking of the Leased Premises, including any
interest of Landlord or Tenant therein, shall be the property of Landlord, and Tenant hereby assigns to Landlord all
of Tenant's rights, title and interest in and to any and all such compensation.
(3) Restoration. If there is a Taking of all or part of the Leased Premises, Tenant, at its sole
discretion and expense, shall restore and rebuild the Leased Premises, in such manner as Tenant may elect, provided
that the same shall be in accordance with all applicable laws.
9. General Provisions.
(a) Notice. "Notice" shall mean any notice, notification, consent, approval, request, designation,
submission, specification, election or other communication required or permitted under this Lease. All Notices shall
be in writing and shall be deemed to have been given and received the earlier of (1) the date the Notice is delivered
by one party to the other party personally or delivered to the party's address by a party or by a delivery service
which records delivery dates, or (2) three days after the Notice is placed in the mail addressed to the other party at
the party's address, properly stamped, certified or registered mail, return receipt requested. A party's address shall
be as follows or as set forth in a written Notice to the other party:
Landlord: Jonic Investments, LLC
219 East White Street
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Anna, Texas 75409
Tenant: City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to:
and: Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
Fax: 972-712-3540
(b) Entire Agreement. This Lease embodies the entire agreement and understanding between the parties
as to the lease of the Leased Premises by Tenant and supersedes all prior negotiations, agreements and
understandings pertaining to such lease. Any provision of this Lease may be modified, waived or discharged only by
an instrument in writing signed by the party against which enforcement of such modification, waiver or discharge is
sought. This Lease is not intended to be nor shall it be construed as a service contract or contract for the sale of
goods by Landlor to Tenant. Tenant does not by entering into this Lease waive any immunities it may have under
common law or statute.
(c) Commission. Tenant and Landlord hereby represent to each other that neither has entered into any
agreement or understanding that would give rise to a real estate commission being owed in connection with this
Lease, and each of Landlord and Tenant shall indemnify and hold the other harmless against any commission,
payment, interest or participation claimed on account of this Lease with any party under any alleged agreement or
understanding entered into on that party's behalf with the person or entity claiming the commission, payment,
interest or participation.
(d) Force Majeure. Each party shall be excused from performing an obligation or undertaking provided
for in this Lease for so long as such performance is prevented, delayed, retarded or hindered by an Act of God, fire,
earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob violence, sabotage, strike,
lockout, action of labor unions, requisitions, laws, or orders of government or civil or military authorities.
(e) Surrender. Upon the expiration of the Term or earlier termination of this Lease, Tenant shall
surrender the Leased Premises to Landlord. Tenant shall remove all Personal Property, which are not fixtures (other
than trade fixtures installed by Tenant, which Tenant may remove. All other installations or improvements,
including all infrastructure, structures, buildings, HVAC equipment, paneling, partitions, railings, mezzanine floors,
and galleries made by either party shall be and become upon installation, the property of Landlord and shall be
surrendered with the Leased Premises at the expiration or termination of this Lease unless Landlord notifies Tenant
to the contrary in writing, in which event Tenant may remove such property at its expense. Any property not
promptly removed by Tenant under the provisions of this subparagraph may, at Landlord's option, be deemed to
have been abandoned by Tenant and may be retained by Landlord without any claim by Tenant. Tenant shall in any
event repair any damage to the Leased Premises caused by Tenant's removal of any property.
(f) Applicable Law, Construction. The laws of the State of Texas shall govern the validity, performance
and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or
impair any other provision. If any provision of this Lease is capable of two constructions, one of which would render
the provision invalid and the other of which would make the provision valid, the provision shall have the meaning
which renders it valid. The submission of this document for examination does not constitute an offer to lease, this
document being effective only upon the conditions stated herein.
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Lease.
(g) Time of the Essence. Time is of the essence with respect to each provision, term and covenant of this
(h) Captions. The captions are for convenience and do not limit or define the provisions of this Lease.
(i) Gender, Number. Whenever the sense of this Lease requires it, the use of (1) singular number shall
be deemed to include the plural, (2) the masculine gender shall be deemed to include the feminine or neuter gender,
and (3) the neuter gender shall be deemed to include the masculine and feminine gender.
0) Counterparts. This Lease may be executed in multiple counterparts, each of which shall be an
original, but all of which shall constitute one instrument.
(k) Contract Interpretation. This Lease is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and
not to be more strictly construed against one party than another, regardless of which party originally drafted the
language in dispute.
(1) No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended
to and shall not be deemed to create a partnership or joint venture among the parties.
(m) Binding Effect. All provisions of this Lease shall be binding upon and inure to the benefit of the
parties and their respective successors and permitted assigns.
LANDLORD:
JONIC INVESTMENTS, LLC
Jon Hendricks, its Managing Member
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of , 2018, personally appeared
Jon Hendricks known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same in his capacity as Managing Member and on behalf
of Jonic Investments, LLC.
Notary Public, State of Texas
TENANT
THE CITY OF ANNA, TEXAS
By:
Printed Name:
Title:
Date:
STATE OF TEXAS
COUNTY OF COLLIN
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PAGE 7
Before me, the undersigned notary public, on the day of , 2018, personally appeared
known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same in his capacity as and on
behalf of
Notary Public, State of Texas
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EXHIBIT 1
DESCRIPTION OF LEASED PREMISES